"or circumstantial" between "direct" and "evidence".

4
2. On slip Opinion page 15960, line 7, please insert the following sentence before "Therefore": "To the extent that Berglund's remarks and Leeds' knowledge of prior conflicts between Vasquez and Berglund constitute circumstantial evidence of discriminatory intent, this evidence is insufficient to make out a prima facie case."

OPINION
T.G. NELSON, Circuit Judge:

5
Francisco Vasquez, a deputy probation officer at a Los Angeles County youth detention center, brought this action against the County, alleging that the County violated Title VII of the Civil Rights Act by discriminating against him on the basis of his national origin, subjecting him to a hostile work environment, and retaliating against him for filing discrimination charges. The district court granted the County's summary judgment motion, and Vasquez appeals. We affirm theevidence is "evidence which, if believed, proves the fact [of discriminatory animus] without inference or presumption."7 The only evidence Vasquez offers are the remarks of Berglund. However, Berglund was not the decisionmaker, and Vasquez has offered no evidence of discriminatory remarks made by Leeds. Therefore, Vasquez must show a nexus between Berglund's discriminatory remarks and Leeds' subsequent employment decisions.8 Vasquez has not shown the necessary nexus because Leeds conducted her own thorough investigation, and as mentioned above, Vasquez presents no evidence that discriminatory animus motivated Leeds' decision.9 To the extent that Berglund's remarks and Leeds' knowledge of prior conflicts between Vasquez and Berglund constitute circumstantial evidence of discriminatory intent, this evidence is insufficient to make out a prima facie case. Therefore, Vasquez must proceed under the McDonnell Douglas


this part of his claim. While the EEOC charge does not contain the relevant legal theory of retaliation, it does contain the relevant factual allegations. The EEOC charge alleges that Berglund harassed Vasquez and that he was transferred out of turquoise cottage, the same acts specified as retaliation in his claim. Because an investigation of the EEOC charge would likely have revealed Vasquez's earlier grievance against Berglund, a claim of retaliation could have "grow[n] out of the charge."40 We conclude that Vasquez did exhaust his administrative remedies as to this part of his claim. Thus, we have jurisdiction to consider his retaliation claim regarding the grievance.

37
To make out a prima facie case of retaliation, Vasquez must establish that he undertook a protected activity under Title VII, his employerand gender]." Id. Indeed, Berglund's allegedly false complaints, such as her claim that Vasquez exhibited "inappropriate and provocative behavior with the individual minors," were consistent with her stereotyping that he was too domineering with the minors and had a "typical Hispanic macho attitude." See Allen v. Mich. Dep't of Corrections, 165 F.3d 405, 411 (6th Cir.1999) (finding support in plaintiff's claim that he was "treated unfairly" because his allegation of being more closely monitored than white employees was consistent with his supervisor's statement that "niggers can't be trusted").

70
Discounting the ongoing nature of the harassment and finding only "isolated offensive remarks" and "complaints about unfair treatment," the majority concludes that Vasquez has not proffered sufficient evidence of severe or pervasive harassment to survive summary judgment. Maj. Op. at 644.


his hostile work environment claim. However, the failure of his superiors to do anything to stop or to remedy the known harassment by Berglund is a violation of Title VII in and of itself.

75
We have held that, "[b]y tolerating sexual harassment against its employees, the employer is deemed to have adversely changed the terms of their employment in violation of Title VII." Swenson v. Potter, 271 F.3d 1184, 1191 (9th Cir.2001) (citation and footnote omitted).

76
If the employer fails to take corrective action after learning of an employee's sexually [or racially] harassing conduct, or takes inadequate action that emboldens the harasser to continue [her] misconduct, the employer can be deemed to have "adopt[ed] the offending conduct and its results, quite as if they had been authorized affirmatively as theemployer's policy."

77
Id. at 1192 (third alteration in original) (quoting Faragher v. City of Boca Raton, 524 U.S. 775, 789, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998)). In such cases, it is the "adequacy of the employer's response, not the co-worker's underlying behavior[,]" that is alleged to be discriminatory. Id. at 1191 (identifying relevant conduct for determining whether the plaintiff's claim was time barred).

78
Here, both Leeds and Vasquez' direct supervisor, Star French ("French"), were aware of Berglund's discriminatory conduct, but did nothing to stop it. In fact, when Vasquez filed a grievance concerning Berglund's statements that he had a "typical Hispanic macho attitude," Leeds informed Vasquez that the only step she would take to remedy the situation was to transfer him from the Turquoise cottage. Further, the only way


Berglund, who continued to make further discriminatory statements, such as her derisive suggestion that Vasquez transfer because Hispanics are better suited for the field. Under these "circumstances, the non-action by the employer can fairly be characterized as acquiescence, i.e., having changed the terms and conditions of employment to include putting up with harassment from other employees." Brooks v. City of San Mateo, 229 F.3d 917, 924 n. 4 (9th Cir.2000) (citation omitted).

81
In short, Vasquez was subjected to explicit racial and sexual epithets, as well as ongoing harassment by Berglund. Whether the harassment was sufficiently severe or pervasive to constitute a hostile working environment under Title VII should be left to the jury to determine. Further, the inaction of Vasquez' employer exacerbated, rather than corrected, the hostility of theworkplace. As the Supreme Court stated in Oncale v. Sundowner Offshore Services, Inc., "[t]he real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed." 523 U.S. 75, 81-82, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998). Under the totality of the circumstances, a reasonable jury could conclude that Vasquez was subjected to "a pattern of ongoing and persistent harassment severe enough to alter the conditions of [his] employment." Morgan v. Nat'l R.R. Passenger Corp., 232 F.3d 1008, 1017 (9th Cir.2000), rev'd in part on other grounds, 536 U.S. 101, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002) (internal quotation marks and citations omitted). In the


choosing a suitable aggregate function for all fields (if identical, any aggregate should do. Otherwise I usually try for MAX or MIN). This will "save" exactly one row for each product.
At that point you run the DELETE JOIN and kill all the duplicated products. Then, simply reimport the saved and deduped subset into the main table.
Of course, between the DELETE JOIN and the INSERT SELECT, you will have the DB in a unstable state, with all products with at least one duplicate simply disappeared.
Another way which should work in MySQL:
-- Create an empty table
CREATE TABLE deduped AS SELECT * FROM ProductsTable WHERE false;

CREATE UNIQUE INDEX deduped_ndx ON deduped(Product);

-- DROP duplicate rows, Joe the Butcher's way
INSERT IGNORE INTO deduped SELECT * FROM ProductsTable;

ALTER TABLE ProductsTable RENAME TO ProductsBackup;

ALTER TABLEthere are authors to write about them, this includes ones that can be lowered into the floor while the patient hangs at ground level.

The technician droids moved the bacta tank out of position on repulsors and onto a recessed platform in the treatment area. Fi, breather mask still in place, hung more heavily on the suspension straps as the pale blue liquid was pumped away and the cylindrical tank descended below deck level. The droids moved a repulsor gurney into place and maneuvered Fi onto it, placed a temperature sensor somewhere that would have raised a loud objection had he been conscious, then covered him in a padded blue wrapping. The mask was still breathing for him.
Republic Commando: True Colors


[Mortality following elective surgery for abdominal aorta aneurysm].
Assessment of postoperative mortality in patients undergoing elective surgery for asymptomatic abdominal aorta aneurysm (AAA) in the Academic Medical Center (AMC), Amsterdam, the Netherlands. This is compared with national statistical information and data in the literature. Retrospective cohort study. Retrospective analysis of all patients who underwent an elective open or endovascular intervention in connection with asymptomatic aneurysm of the infrarenal abdominal aorta ≥ 5.5 cm in the period 2004-2010. In the study period 234 patients were electively operated for an abdominal aorta aneurysm (129 conventional and 104 endovascular interventions). In this period, 3 (1.3%) patients died in hospital or within 30 days of the intervention. Of the 73 patients ≥ 75 years of age, 2 (2.7%) died. None of the deceasedwill be greeted by your host who will have you mixing, shaking and pouring no less than 3 cocktails each. Then we'll fire up the BBQ and you & your group can enjoy some fun in the sun.

Based in the centre of Benidorm. A quick and fun activity for any group. A chance to test your thinking skills and escape from a series of rooms.

You have one hour to work as a team to solve various puzzles, padlocks, quirky escapes and mind boggling tricks. This is lighthearted but really gets the adrenaline going as you see the clock counting down. There are staff on hand to give you clues should you need them.

Everyone knows GOLF is a difficult game with a little stick and a tiny ball.

However change


Screen

Preview

Resource ID

31598

Access

Open

Contributed by

Frederik Wellmann

type of material

A. MS. small red notebook

description

("Color Miscellaneous" written on the cover), n.p., n.d., with exception of entries on p. 27 (6/9/866/28/87). Fechner's Law applied to color, Spectra. Theory of Luminosity. Tables reporting the results of several experiments.to him. “I am not a soldier,” Stark tells him—and why would he want to be, when Iron Man’s indestructible cyborg suit embodies all the disruption and innovation of Stark Industries, empowering him to overcome enemies who could thwart whole armies?

The Avengers reads like a myth of corporate personhood. 1 Heroes personify corporate power in a world where the military-industrial complex needs to mutate to battle inhuman adversaries. In this world, Captain America looks weary and tired. His antiquated, taxpayer-funded beef-up isn’t as impressive as the rocket gear that Stark Industries’ R&D technicians provide to their charismatic boss as an executive perk, just as the state military power of the Captain’s 20th-century heyday seems quaint beside the authority with whom the Avengers affiliate themselves. S.H.I.E.L.D. (short for Strategic


been said about mega-galleries and celebrity artists. I won’t discuss them further. What interests me is how Saltz’s summary formula of the market’s logic—”The artist is a brand, and the brand supersedes the art”—scales to young artists, where little money is at stake. Professionalizing techniques learned in MFA programs—writing statements, chatting up dealers, whittling studio playtime into work sessions—help artists adjust to the art world’s apparatus, but the savviest students realize they can make the system reckon with them by affiliating themselves with other, newer forms of power before art-world institutions catch up. Fresh art school grads are already jaded from imagining a future of jockeying for solo shows and invitations to dine with collectors. Instead, they test an alternate path to success. Unable to ascend immediately toand taken photos, labeled “sculpture” or “performance”—an art-school joke, repeated ad nauseum, about the fluidity of traditional mediums and the unreliability of reproductions. Following a hiatus in 2011, the Jogging came back in the summer of 2012 with a bigger core group and an open submissions policy. Now, at least in theory, anyone can have an image posted to the Jogging. It’s as if someone in the group read a textbook on network theory and realized that distributed systems achieve maximum reach with a mix of weak and strong links.

A signature post of the new Jogging was Troemel’s image of a Doritos Locos Taco—a novelty foodstuff from Taco Bell—clamped shut with a combination lock. (It may take a while to find the image on the Jogging’s Tumblr now,


Fractures of the scapular neck: diagnosis, classifications and treatment.
Fractures of the scapular, or glenoid, neck are strongly debated in the relevant literature. Analysis of the respective studies, however, revealed a considerable confusion in terms of definition, terminology and diagnosis. In addition, there are few studies, primarily case reviews, dealing in detail with these fractures. The aim of this article is to present detailed information about fractures of the scapular neck, based on the analysis of our own experience and of the published literature. Our group of 17 fractures of the scapular neck comprised 14 men and three women, with a mean age of 38 years (range, 24-55). The authors diagnosed four fractures of the anatomical neck, nine fractures of the surgical neck and five trans-spinous fractures of the conspiracy  to possess,  with  intent to            distribute, large quantities  of marijuana  and cocaine,  and            with  seventeen  substantive   drug  offenses  involving  the            importation and possession  of those drugs.   Trial on  these            charges is scheduled to begin in September 1992.                   Previously,  in 1990,  Mantecon had  been


appeal  from that decision.   In criminal cases,  as in civil            cases,  it is  true  that the  timely filing  of a  motion to            reconsider  will render  the underlying  order "nonfinal  for            purposes of appeal for  as long as the [motion]  is pending."            United States v. Dieter,  429 U.S. 6, 8 (1976)  (per curiam).        the motion  to reconsider  was untimely because  the district            court entered its denial of the motion to dismiss on November            21,  1991, and Mantecon did not file the motion to reconsider            until  December 9, 1991 --  eighteen days later.   And, since            Mantecon did not file  a notice of appeal within  ten days of            the November 21 order  denying his motion to dismiss,


    Mantecon's presence  as a defendant. According  to the Puerto            Rico  indictment,  all  of  the overt  acts  which  establish            Mantecon's involvement  in the  Puerto  Rico conspiracy  were            committed  in Puerto Rico.  On the other hand, the government            has told us  (and Mantecon has not challenged  the assertion)            that  the  Florida no exceptions for missing deadlines."

The Texas Secretary of State Web site shows only Bob Barr as the official candidate for president in Texas.

"We know all about deadlines," says Verney. "We are up against them constantly in our fight to get on the ballot across the nation. When we miss deadlines, we get no second chances. This is a great example of how unreasonable deadlines chill democracy."

"Republicans and Democrats make certain that third party candidates are held to ballot access laws, no matter how absurd or unreasonable," says Verney. "Therefore, Republicans and Democrats should be held to the same standards."

UPDATE: According to Ballot Access News:

"Section 192.031 of the Texas election code says that political parties must certify their presidential and vice-presidential candidates for the November ballot no later than


concept of an established political party and how that party has certain methods such as a primary or other method such as as small regiional to statewide conventions for selecting candidates to these offices. Section 181 defines when where and how such conventions shall be held.

The office of President of the US is different from all other offices in that it is conducted in all states. And the candidates are selected usually by some means of a National Convention that no one state has the authority to set the regulations for. So 181 which sets specific regulations for state wide elections seems to preety much ignore the Presidential Election which has its own specific chapter in Texas election code. Chapter 11 in which section 192 is found.

So whatreference to Section 181 is that in part (3) of Section 192.031. Ike said that 181 was enough, but obviously it isn't. The 181 is just there to make it easier for the larger parties and near impossible for the smaller ones. You referred him to Chapter 11 and I just wrote to give you a more specific reference to 192.031.

I'm sure you are right and the state government will quickly re-write the laws. It would be a gross injustice in my opinion, and it would also be interesting to try to back date it.

Posted by: Jeff | 2008-08-27 10:13:42 PM

Of course the Repubs and Dems don't have candidates listed. The Dems did not determine their candidate until today, and the Repubs won't determine theirs until next week.


between the two groups with a two-tailed alpha of 5% and a power of 90%, the number of subjects needed was 62 patients. In a conservative spirit, we increased this number by 20%, leading to a sample of 74 patients, with 37 patients per group.

Analysis {#sec013}
--------

The data were analyzed using SAS version 9 (SAS Institute, Cary, NC, USA), and expressed as numbers with percentages for categorical variables and as means with standard deviations (SD) or as median with 25^th^ and 75^th^ percentiles (\[25^th^ percentile; 75^th^ percentile\]) for quantitative variables according to their distribution. The normality of the distribution of the quantitative variables was explored using the Shapiro-Wilks normality test. The differences between the categorical and continuous variables were analyzed using the chi-squared test (or Fisher's exact test) andMann--Whitney U test (or Student's *t*-test), respectively. Any randomized patient in the study was also included in the analysis on an intent-to-treat basis. Statistical significance was assumed at a *p*-value of \< 0.05.

Results {#sec014}
=======

Characteristics of study subjects {#sec015}
---------------------------------

From February 2014 through June 2016, a total of 74 patients were screened, and one was excluded prior to randomization ([Fig 1](#pone.0213683.g001){ref-type="fig"}). Seventy-three patients were randomized to either the US (*n* = 36) or the NUS group (*n* = 37). The trial ended when the number of subjects needed was reached. The baseline characteristics of the patients and physicians were similar in the two groups ([Table 1](#pone.0213683.t001){ref-type="table"}). All outcomes were analyzed with 36 patients in the US group and 37 in the NUS group. Twenty-one emergency physicians (10 female, 48%) women


f: 2, k: 2, h: 1, s: 3, y: 3}. What is prob of sequence fy?
3/91
What is prob of sequence tn when two letters picked without replacement from ftnagag?
1/42
Three letters picked without replacement from hhmhddhmhhahhdahdd. What is prob of sequence ahm?
1/136
Two letters picked without replacement from fddf. What is prob of sequence fd?
1/3
Calculate prob of sequence odl when three letters picked without replacement from dzppzlo.
1/210
Four letters picked without replacement from ttttttvtttttvtv. What is prob of sequence vtvt?
11/455
Four letters picked without replacement from {k: 2, d: 3, s: 3, y: 5, o: 3}. What is prob of sequence kooy?
1/728
Calculate prob of sequence vvq when three letters picked without replacement from wwvpqqppphqppvv.
3/455
What is prob of sequence nyh when three letters picked without replacement from {e: 5, h: 3, r: 2,n: 3, y: 3}?
9/1120
Four letters picked without replacement from {i: 7, m: 2, g: 1, q: 4, v: 1, r: 4}. Give prob of sequence vrig.
7/23256
Calculate prob of sequence bpu when three letters picked without replacement from bppbpub.
3/70
Three letters picked without replacement from {m: 1, t: 3, i: 4}. What is prob of sequence iim?
1/28
Calculate prob of sequence zzr when three letters picked without replacement from rrzzurrrrrcrrrcurrr.
13/2907
What is prob of sequence ypy when three letters picked without replacement from {y: 4, p: 2}?
1/5
Three letters picked without replacement from {c: 4, d: 14}. Give prob of sequence cdd.
91/612
Two letters picked without replacement from ooyooooyytyoky. What is prob of sequence yk?
5/182
Two letters picked without replacement from {b: 1, f: 2}. What is prob of sequence ff?
1/3
Four letters picked without replacement


the one we started with: mirror neurons are brain cells specialized for actions. They are obviously critical cells for social interactions but they can’t explain non-social cognition. The second point to keep in mind is that every brain cell and every neural system does not operate in a vacuum. Everything in the brain is interconnected, so that the activity of each cell reflects the dynamic interactions with other brain cells and other neural systems.Her Knees

According to the State Statistics Committee, the average monthly salary in Ukraine is around $140 (for simplicity, wages and costs will be in US dollars at the street vendors’ rate of 25 hryvnias per dollar).

The most vulnerable are retirees with their monthly pension of $43. The desperate situation of these people is often used by the political parties to organize “performances” in their support. New UKROP party, for example, financed by the oligarch Ihor Kolomoisky, recently organized in the town of Chernigov the rally in its support. To mobilize the senior citizens, free food was promised—one package of flour, one package of noodles and two cans of fish per person.

While pushing forward for handouts, the big crowd of desperate retirees burst into a fist-fight.

(Once, the word “Ukrop”


countries, vaporized salt is used and Ukraine’s natural salt is considered ‘dirty’ for having too many minerals in it.

So, how to come out of the mess the country is in? So far, nobody of the ruling elite has the answer unless one should seriously consider the program of Oleksandr Turchynov, the Secretary of the Council for National Security and Defense of Ukraine and former acting President of Ukraine. He has his own idea on how to improve Ukraine’s disappearing economy. Like everything with a touch of a genius, it’s very simple—Ukraine must sue Russia for the “annexation of Crimea,” which, by Mr. Turchinov’s reckoning, is worth $100 billion. Of course, as a patriot, Mr. Turchinov doesn’t want to sell Crimea to Russia, he wants Ukraine to receive boththat d**n wizard doesn't steal the spotlight all the d**n time.

Ah, how I have come to love that sense of accomplishment and victory that I get when I pull the wool over the eyes of a clever player character. What DM Triumphs have you had?

Some of mine:1. Finally killing an incredibly powerful, lucky, annoying player's character.2. Finally achieving a TPK (Total Party Kill)3. Finally achieving a TPK using only traps4. Finally working out how to make it so that d**n wizard doesn't steal the spotlight all the d**n time.

Ah, how I have come to love that sense of accomplishment and victory that I get when I pull the wool over the eyes of a clever player character. What DM Triumphs have you had?

Some of mine:1. Finally killing an


incredibly powerful, lucky, annoying player's character.2. Finally achieving a TPK (Total Party Kill)3. Finally achieving a TPK using only traps4. Finally working out how to make it so that d**n wizard doesn't steal the spotlight all the d**n time.packets excited from X to the B and B$^{\prime\prime}$ states pass through an avoided crossing within the first 200 fs according to previous studies [@scherer_heterodynedetected_1992], when the iodine atoms are separated by about 3 Å  as shown in Fig. \[fig:pes\]. Non-adiabatic transitions at this point from B to B$^{\prime\prime}$ and B$^{\prime\prime}$ to B are possible. For example, this could increase the fraction of dissociating molecules, which increases $S_{B^{\prime\prime}}(\vec{Q},\tau)$ and decreases $S_{B}(\vec{Q},\tau)$. Since these scattering patterns evolve in distinct ways, this change is observable. The Legendre decomposition coefficients in Eqn. \[eqn:leg\_decomp\] will change as well, but for a classical mixture of molecules in the B or B$^{\prime\prime}$ state the scattering is still confined to Legendre components with $l = 0$ and 2.

Because each molecule begins in a superposition of the B and


Working my way towards somewhere

I should have titled this post “Finding my way in life,” but even then it would not do justice. It is one of those bright Monday mornings where I had fresh juice, listened to my favorite songs, got to work early and had a few reports submitted on time.

The greatest part has got to be getting a new e-reader which would enable me get started on some epic ebooks I got last week!

I am learning that you never know what would come your way, and this morning, I received a harsh report from my boss- and I was stumped for a few minutes. It hurt me at first because when she said that she does not know what I do every day, I washasn’t determined the scope of the problem or come up with a plan or funding to mitigate the potential risks.

5. MEDICARE FOR ALL, WITH A TWEAK

Two nonpartisan think tanks find that building on Obama’s health law can deliver near-universal coverage.

6. CHINESE SNOOPING TECH SPREADS

A video surveillance system with facial recognition by Huawei is being rolled out across hundreds of cities around the world, particularly in poorer countries with weak track records of human rights or data protection.

7. HONG KONG LAWMAKERS THWART LEADER’S ADDRESS

Furious pro-democracy lawmakers twice force Carrie Lam to stop delivering a speech laying out her policy objectives and then clamor for her resignation.

8. NO BREAKTHROUGH IN BREXIT TALKS

EU and British negotiators fail to reach a consensus during a frantic all-night session and will continue seeking a


blades strike the tower during operation of the turbine. However, known solutions to this problem include tilting the rotor up at a predetermined angle and/or using blades with a predetermined stiffness. Blade cost and weight increase as additional materials are required to stiffen the blades. Stiffer blades can also result in higher stress levels in the tower.said.

But by the 30th week of pregnancy, the fetus showed a range of birth defects. Doctors induced labor at the 32nd week after an ultrasound revealed it had died.

Researchers said they subsequently confirmed the presence of Zika virus in the fetus, apparently the same strain currently spreading throughout Latin America and the Caribbean.

Any pregnant woman who's visited a Zika-infected region should tell her doctor and have her blood tested for the virus, hopefully from two to 12 weeks after potential exposure, Tache said.

After that, the woman should undergo regular ultrasound scans to carefully track fetal development, she said.

"To date, there's no antiviral [drug] that works on the Zika virus, so we're kind of caught between a rock and a hard place," Tache said. "We can make the diagnosis


that there's been a Zika infection, but getting infected doesn't necessarily mean that you'll have abnormalities. Not everyone who gets the Zika virus will have an infected fetus."

First discovered in Uganda in 1947, the Zika virus was not thought to pose serious health risks until last year. In fact, approximately 80 percent of people who become infected never experience symptoms.system.

The poll of 475 residents living in counties directly served by BART found that 70& of respondents oppose a strike and that 92% think a strike will have a significant impact on the economy. A recent Bay Area Council Economic Institute estimate conservatively put the economic impact of a BART strike at $73 million a day in lost worker productivity.

ALSO:

Santa Ana police want video of officer shooting unarmed man

Filner sex harassment: Marilyn Monroe lookalike is 9th accuser

Lake County men indicted on drug charges, keeping girl in a box

Twitter: @leeromney

lee.romney@latimes.com


v. Celotex Corp. (1981), 88 Ill.2d 407, 416, 58 Ill.Dec. 725, 729, 430 N.E.2d 976, 980; Betts, 225 Ill.App.3d at 896, 167 Ill.Dec. at 1072, 588 N.E.2d at 1202; cf. Pruitt v. Schultz (1992), 235 Ill.App.3d 934, 944, 176 Ill.Dec. 674, 682, 601 N.E.2d 1372, 1380 (question there better left for jury); cf. LaManna v. G.D. Searle & Co. (1990), 204 Ill.App.3d 211, 218, 149 Ill. Dec. 474, 479, 561 N.E.2d 1170, 1175 ("suspicion is not the same as reasonably knowing").) Plaintiff alleges she began to suffer from severe depression, due to the manner in which Sullivan was treating her, in 1985. She complained to the bishop about Sullivan's conduct approximately May 8, 1986, and the injury resulting in amputation occurred approximately July 25,1986. Plaintiff alleges that sexualLinks We Love… Warehouse Club Edition

I should probably start this post with a disclaimer or something about this being a long winded rant. I have family visiting this week, it is great to have them in town and as an added bonus they even took us on a trip to one of those big warehouse club stores that you need a membership for (ie. Sam’s Club, Costoc, BJ’s).

Giant Jars of Pickles

I don’t actually have a membership at any of the various warehouse clubs, and this weeks trip is a perfect example of why I don’t have one. I have an occasional problem with impulse control that seems to appear in certain environments. Perhaps it is the veneer of exclusivity that the membership provides, or maybe it is just


its receptors, are at the forefront of modern molecular biology and biochemistry. Despite the growing body of knowledge, there is still a need in the art for the identity and function of proteins involved in cellular and immune responses.
In yet another aspect of the invention, the identification of the primary structure, or sequence, of an unknown sample protein is the culmination of an arduous process of experimentation. In order to identify an unknown protein sample, the investigator can rely upon a comparison of the unknown protein sample to known peptides using a variety of techniques known to those skilled in the art. For instance, proteins are routinely analyzed using techniques such as electrophoresis, sedimentation, chromatography, and mass spectrometry.
Comparison of an unknown protein sample to polypeptides of known molecularfragmented peptides and the precise molecular weight of those peptides is required for accurate identification. Therefore, increasing the accuracy in the determination of the number of fragmented peptides and the precise molecular weight of those peptides should result in enhanced success in the identification of unknown proteins.
Fragmentation of proteins is further employed for the production of fragments for amino acid composition analysis and protein sequencing (P. Matsudiara, J. Biol. Chem. 262:10035-10038, 1987; C. Eckerskorn et al., Electrophoresis 1988, 9:830-838, 1988), particularly the production of fragments from proteins with a “blocked” N-terminus. In addition, fragmentation of proteins can be used in the preparation of peptides for mass spectrometry (W. J. Henzel et al., Proc. Natl. Acad. Sci. USA 90:5011-5015, 1993; B. Thiede et al., Electrophoresis 1996, 17:588-599, 1996), for


lead fragments) for further chemical modifications (e.g. peptide bond replacement by non‐hydrolyzable bioisosteres). It is also noted that these initial lead compounds do not represent a comprehensive list as they are limited to relevant structures deposited in PDB database. Furthermore, some molecules which have been reported with respect to SARS drug discovery ([10](#b10){ref-type="ref"}, [11](#b11){ref-type="ref"}, [12](#b12){ref-type="ref"}, [13](#b13){ref-type="ref"}, [14](#b14){ref-type="ref"}, [15](#b15){ref-type="ref"}, [16](#b16){ref-type="ref"}, [17](#b17){ref-type="ref"}) were not included in this investigation.

######

 The list of structures from SCOP family of viral cysteine proteases of trypsin‐fold with their inhibitors or substructures of small chemical molecules or peptides co‐crystalized with those proteins

  PDB codes   PDB names                           \mathcal{G} )$ coincides with the usual definition of Turán numbers. When $\mathcal{G} = \{G \}$, we write $\textup{ex}_r ( n , G)$ instead of $\textup{ex}_r ( n , \{ G \} )$.

One of the most important results in graph theory is the so-called Erdős-Stone-Simonovits Theorem which is a statement about Turán numbers of graphs.

\[ess\] If $G$ is a graph with chromatic number $k \geq 2$, then $$\textup{ex}_2 ( n , G) = \left( 1 - \frac{1}{k - 1} \right) \binom{n}{2} + o(n^2).$$

Theorem \[ess\] provides an asymptotic formula for the Turán number of any non-bipartite graph. No such result is known for $r \geq 3$ and in general, hypergraph Turán problems are considerably harder than graph Turán problems. Despite this, there has been some success in estimating $\textup{ex}_r (


$(v , \{x,y \})$ where $v \in V( \mathcal{F} )$, $\{x ,y \}$ is a pair of vertices in the same part with $x \neq v$, $y \neq v$, and there are distinct edges $e$ and $f$ with $\{v , x \} \subset e$ and $\{v , y \} \subset f$. We will count the cardinality of $S$ in two ways. Given a vertex $v \in \mathcal{F}$, we again write $d(v)$ for the number of edges that contain $v$.

If we first choose the vertex $v$, there are $\binom{d(v)}{2} (r - 1)$ ways to choose a pair $\{x , y \}$ for which $(v , \{x,y \} )$ belongs to $S$. Here we are using the fact that $\mathcal{F}$ is linear and so every edge of $\mathcal{F}$ contains exactly- a_2$.

Suppose $a_1 - b_1 = a_2 - b_2$. We multiply this equation through by $\alpha $ and subtract the resulting equation from the first equation in (\[arithmetic l3 eq1\]) to get $$( \alpha + \beta ) b_1 = ( \alpha + \beta )b_2 .$$ As $\alpha + \beta \neq 0$, it must be the case that $b_1 = b_2$ which, with (\[arithmetic l3 eq1\]), gives $a_1 = a_2$ and we are done.

Now suppose that $a_1  -b_1  = b_2 - a_2$. By symmetry, we may then assume that $a_1 - b_1 = b_3 - a_3$. We then have $a_2 - b_2 = a_3 - b_3$ and the argument from the previous paragraph gives $a_2 = a_3$ and $b_2 = b_3$.

The Construction {#the H}
----------------

Let $r \geq 2$


V_j$ if and only if there is an edge $e \in E( \mathcal{H} )$ such that $$\label{adjacencies}
\{ (u , v, i ) , (u' , v ' , j) \} \subseteq e.$$ An equivalent way of defining adjacencies in $\mathcal{H} (V_i , V_j )$ is to say that $(u, v, i )$ is adjacent to $(u' , v ' , j)$ if and only if there are elements $x,y \in \mathbb{F}_q$, $a \in \mathbb{F}_q^*$, and an $s \in \{1,2, \dots , l \}$ such that $$\label{adj 2}
u' = u + m_s ( \alpha_j  - \alpha_i ) a \mbox{~~and~~} v' = v + m_s ( \alpha_j  - \alpha_i ) a^2.$$ This is because if (\[adjacencies\]) holds with $e = e( x, y , a , m_s)$, then

$u - \alpha_i )a_1^2 + m_2 ( \alpha_i - \alpha_j)b_1^2 & = &
m_1 ( \alpha_j  - \alpha_i )a_2^2 + m_2 ( \alpha_i - \alpha_j)b_2^2 \\
& = &
m_1 ( \alpha_j  - \alpha_i )a_3^2 + m_2 ( \alpha_i - \alpha_j)b_3^2.\end{aligned}$$ We want to apply Lemma \[arithmetic l3\] with $\alpha = m_1 ( \alpha_j - \alpha_i)$ and $\beta = m_2 ( \alpha_i - \alpha_j)$ but before doing so, we verify that we have satisfied the hypothesis of Lemma \[arithmetic l3\]. Since $m_i \neq 0$, and $\alpha_i - \alpha_j \neq 0$, both $\alpha$ and $\beta$ are not zero. If $\alpha + \beta = 0$, then $$0 = m_1 ( \alpha_j - \alpha_i ) + m_2 ( \alpha_i - \alpha_j ) = \alpha_i ( m_2 - m_1) - \alpha_j (m_2


\[arithmetic l3\] to get $a_1 = b_1$ and $a_2 = b_2$. The remainder of the proof is then identical to that of Lemma \[two part case\].

Let $r \geq 3$ be an integer and $l = 1$. Let $q \geq r$ be a power of an odd prime and $\alpha_1 , \dots , \alpha_r$ be distinct elements of $\mathbb{F}_q$. Let $m_1 = 1 \in \mathbb{F}_q$ and note that (\[condition\]) holds for $\alpha_1 , \dots , \alpha _r$ and $m_1$ since in this case, (\[condition\]) is equivalent to the statement that $\alpha_1 , \dots , \alpha_r$ are all different. Let $\mathcal{H}$ be the corresponding hypergraph defined at the beginning of Section \[the H\]. By Lemmas \[super linear\] and \[super c3\], $\mathcal{H}$ is $\{C_2 , C_3 \}$-free. Now we show that\} \backslash \{ i \}$ so $t \leq (r - 1) ( 2l^2 - l )$. If $u \in V_i$ and $v \in V_j$ for some $1 \leq i < j \leq r$, then by Lemma \[three part case\], $| V_k \cap W | \leq 2l^2 $ for each $k \in \{1,2, \dots , r \} \backslash \{ i ,j  \}$ so $t \leq (r - 2) (2l^2)$ thus by (\[l eq\]), $t \leq (r - 1)(2l^2 - l)$. We conclude that $\mathcal{H}$ is $K_{2 , (r - 1) ( 2l^2 - l )+1}$-free. The proof of Theorem \[thm3\] is completed by observing that $\mathcal{H}$ has $rq^2$ vertices and $l q^2 ( q - 1)$ edges.

Concluding Remarks and Acknowledgments
======================================

It was pointed out to the author by Cory


Palmer that the argument used to prove Theorem \[ub\] can be used to show that $$\textup{ex}_r ( n , \{ C_2 , K_{2,t + 1} \} ) \leq \frac{ \sqrt{ 2 (t + 1) } }{r } n^{3/2} + \frac{n}{r}$$ for all $r \geq 3$ and $t \geq 1$. This shows that the lower bound in Theorem \[thm3\] gives the correct order of magnitude but determining the correct constant could be difficult. It is known that in the case of graphs, $\textup{ex}_2 ( n , K_{2 , t + 1} ) = \frac{1}{2} \sqrt{ t} n^{3/2} + o( n^{3/2} )$ (see Füredi [@fur]).

The author would like to thank Cory Palmer and Jacques Verstraëte for helpful discussions.

[10]{}

P. Allen, P. Keevash, B. Sudakov, J. Verstraëte, Turán numbers of bipartite graphs plus an odd cycle,Q:

How to hide automatically generated columns in DataGrid?

I've automatically populated a DataGrid from a DataTable from a SQL server. I want the user to be able to add or remove which columns are visible. I originally tried this:
    public void populateTaskTable(DataTable dt)
    {
        //add the whole datatable to the datagrid
        dg.DataContext = dt.DefaultView;

        dg.Columns[0].Visibility = Visibility.Collapsed;
    }

For a corresponding xaml (I've tried both with and without the AutoGenerateColumns="True"


                              p_password IN VARCHAR2)

RETURN BOOLEAN IS
   valid BOOLEAN;
BEGIN
   FOR c1 IN (SELECT 1
                FROM students
               WHERE upper(student_userid) = upper(p_username)
                 AND upper(student_last_name) = upper(p_password)) LOOP
      valid := TRUE;
   END LOOP;
   valid := FALSE;

   RETURN valid;
END;

in RPMI-1640 culture medium containing 10% NCS and cultured in a cell incubator with 5% CO~2~ at 37°C.

Immunofluorescence staining
---------------------------

ECA109 and TE13 cells were seeded on coverslips in a 24-well plate at 2 × 10^4^ and 5 × 10^4^ cells/well, respectively, treated with QGS (0, 100, or 200 μg/mL) for 24 hours, and fixed with 4% paraformaldehyde. Cell membranes were then permeabilized with 0.3% Triton X-100. After blocking with 10% BSA serum, cells were incubated with the following primary antibodies at 4°C overnight: anti-GAS6 (67020, CST), anti-mouseAXL (ab89224, Abcam), anti-E-cadherin (ET1607-75, Hangzhou HuaAn Biotechnology Co., Ltd), anti-N-Cadherin (ET1607-37, Hangzhou HuaAn Biotechnology Co., Ltd), and anti-Snail1 (ER1706-22, Hangzhou HuaAn Biotechnology Co., Ltd). Cells were then incubated with the appropriate FITC or TRITC-conjugated secondary antibody (KLP) at room temperature for 1


Q:

removing multibyte characters from a file using sed

i need to remove all multibyte characters from a file, i dont know what they are so i need to cover the whole range.
I can find them using grep like so:
grep -P "[\x80-\xFF]" 'myfile'
Trying to do a simular thing with sed, but delete them instead.
Cheers

A:

Give this a try:
LANG=C sed 's/[\x80-\xFF]//g' filename

departmental BIOME database. Of the 3406 cardiac operations included in the study, 2933 (86.1%) were normal-start and 473 (13.9%) were off-time-start operations. After adjusting for patient and operative characteristics, late operating room start times were not associated with increased in-hospital mortality (P = 0.28, confidence interval [CI] 95% = 0.99-1.03), readmissions (P = 0.21, CI 95% = 0.99-1.07), or major adverse events (P = 0.07, CI 95% = 1.00-1.12). In addition, there was no significant impact on total hospital cost (9.0% increase, P = 0.07). These findings suggest that late operating room start times are not associated with increased mortality or other complications in a tertiary-care academic medical center. Our findings should be considered during operative scheduling to optimize resource distribution and patient care strategies.


multiple prior injections of linear gadolinium chelates, in patients with normal renal function, has driven subsequent research concerning dechelation of these agents in vivo. Unexpectedly high levels of gadolinium in the bone, skin, and liver have been found long term after administration, in animal models and in humans, although the latter data are limited. Bone may serve as a long-term reservoir, with a residual excretion phase for gadolinium after intravenous injection of the linear agents due to a subsequent slow release from bone. Many different patient populations could be vulnerable and potentially later develop clinical symptoms, although at this stage there are only limited data and small retrospective uncontrolled studies. Possible vulnerable populations include children, menopausal women, patients with osteoporosis (who are predisposed to fractures and often slow712 (MPS)
 1969 More Smiles (MPS)
 1969 At Her Majesty's Pleasure
 1969 Let's Face the Music and Dance
 1969 Live at Ronnie Scott's
 1969 Rue Chaptal
 1969 Volcano
 1971 Off Limits (Polydor)
 1971 Change of Scenes with Stan Getz (Verve)
 1971 Second Greatest Jazz Big Band in the World (Black Lion)
 1973 Big Band Sound of Kenny Clarke & Francy Boland
 1975 Open Door (Muse)
 1976 November Girl with Carmen McRae (Black Lion)
 1976 Live at Ronnie Scotts (MPS)
 1988 Meets the Francy Boland Kenny Clark Big Band with Gitte Hænning (veraBra)
 1992 Clarke Boland Big Band en Concert avec Europe 1 (Tréma)
 1999 Our Kinda Strauss

With Georgie Fame
 1966 Sound Venture (Columbia)
 1967 The Two Faces of Fame (CBS)
 1968 The Third Face of Fame (CBS)

With


compression and encoding systems used by computer systems have been the digital video systems backed by the Motion Pictures Expert Group commonly known by the acronym MPEG. The three most well known and highly used digital video formats from MPEG are known simply as MPEG-1, MPEG-2, and MPEG-4. VideoCDs (VCDs) and early consumer-grade digital video editing systems use the early MPEG-1 digital video encoding format. Digital Versatile Discs (DVDs) and the Dish Network brand Direct Broadcast Satellite (DBS) television broadcast system use the higher quality MPEG-2 digital video compression and encoding system. The MPEG-4 encoding system is rapidly being adapted by the latest computer based digital video encoders and associated digital video players.
The MPEG-2 and MPEG-4 standards compress a series of video frames or video fields and thenpuerarin Ka and Papp values from high to low was Ginseng Radix et Rhizoma and Puerariae Lobatae Radix mixture > single extracts from Puerariae Lobatae Radix > combined extracts from Ginseng Radix et Rhizoma and Puerariae Lobatae Radix; the order of ginsenosides Ka and Papp values from high to low was Ginseng Radix et Rhizoma and Puerariae Lobatae Radix mixture > single extracts from Ginseng Radix et Rhizoma > combined extracts from Ginseng Radix et Rhizoma and Puerariae Lobatae Radix. The combined administration of Ginseng Radix et Rhizoma and Puerariae Lobatae Radix may improve the absorption in the intestinal tract.


over Australia's treatment of would-be refugees seeking to arrive by boat.

READ MORE:

* Australian intelligence leaks blame boat arrivals on Prime Minister Jacinda Ardern

* Australian intelligence leak on Manus Island details allegations of underage sex crimes

* New Zealand warned against PNG refugee deal

* Time to talk directly to PNG over asylum seekers - not Australia: Greens

And it riled the Aussies up like nobody's business. How dare this newcomer (who, while in Opposition, had already butted heads with the Australian Foreign Minister), preach on a problem New Zealand has no practical knowledge of.

HARRISON CHRISTIAN/STUFF Prime Minister Jacinda Ardern met Australian Labor leader Bill Shorten in December last year. His party is in pole position as Australia heads into an election year. Are there plans to attempt to tar him withF&M Alum Rouse Recalls Role in Creating the Modern Presidency

A Franklin & Marshall College alumnus came to campus Jan. 29 to discuss the important role he played in helping to create five federal agencies that for more than 40 years have shaped the policies of presidents and directed the course of the nation.

Andrew M. Rouse, Class of 1949, recalled how he and his colleagues reorganized the federal government during Richard M. Nixon's administration at a Nixon Legacy Forum, "Creation of the Modern Presidency," in the Schnader Theatre of F&M's Roschel Performing Arts Center.

"Andy was in it from the beginning," said Geoff Shepard, former associate director for general government of the Domestic Council in Nixon's administration. Shepard interviewed Rouse during the forum for a future broadcast on C-SPAN. "What


as executive director of the President's Advisory Council on Executive Reorganization, more commonly known as the Ash Council. It was named for its chair, Roy Ash, a successful California businessman who would later head one of the new agencies created, the Office of Management and Budget (OMB).

The other four agencies were the Environmental Protection Agency (EPA), the Domestic Council, the National Oceanic & Atmospheric Administration (NOAA), and the Office of Telecommunications Policy. All five agencies play critical roles in making policies and regulations that affect Americans' daily lives.

Until the Ash Council, Shepard said federal agencies had not been reorganized since 1939, when President Franklin D. Roosevelt reshuffled agencies in the wake of the many New Deal programs created during the Depression.

Rouse, who worked in the former Bureau ofsometimes it was petty," Rouse said. "I remember a petty one that was over the spelling of "ensure." Some insisted it was e-n-s-u-r-e, and others insisted that it was i-n-s-u-r-e."

Carra Kramer, a 2012 graduate of Franklin & Marshall College and an F&M Rouse Scholar, meets with the former Nixon administration official after the Nixon Legacy Forum. (Photo by Melissa Hess)

Among the members of the Ash Council was John Connally, former Democratic governor of Texas who would later become Nixon's treasury secretary and change his party affiliation to Republican.

After a meeting at Nixon's California home in San Clemente, Rouse said, the president took the governor aside for about 15 minutes. "Connally did not tell anyone what the meeting was about until many months later," Rouse said.

The meeting, Connally later


told Rouse over lunch in the White House Mess hall, was about politics, not restructuring the government. Connally was a conservative Democrat, and Nixon, concerned about the GOP's future in a solidly Democratic South, wanted Connally's help.

Rouse is an F&M emeritus trustee and sponsor of F&M's prestigious Rouse Scholarship, awarded to students who have demonstrated unusual leadership while achieving academic excellence. He was greeted after the event by alumnus Carra Kramer, a 2012 graduate of F&M and a Rouse Scholar.

"It's always interesting to take an opportunity to learn a little more about him and what he was involved in," said Kramer, who is assistant director of annual giving for F&M. "We hear the names of those agencies every day, and we don't know the people behind forming them."Q:

Comma separated values in one column - SQL SERVER

Customer Table
--------------
ID   Name
1   James
2   Peter

Order Table
---------------
OrderId  CustId
100     1
101     1
102     2

How can I write a query that returns something like this

ID,Name,ListofOrders
1,James,"100,101"
2,Peter,"102"

In Sybase I had a function called LIST which I could use but I dont find a similar function in SQL SERVER

A:

Please try:
select ID, [Name],
(select OrderID+',' from OrderTable where CustID=ID
group by OrderID for xml path('')) AS ListOfOrders
From CustomerTable


which.style.visibility = "visible"
        }

     </script>

A:

The original HTML doesn't have style="visibility: visible". So which.style.visibility returns null. Therefore, if(which.style.visibility) fails.
Add the explicit style and it should work.

function myFunction() {
  var which = document.getElementById("myP");

  if (which.style.visibility == "visible")
    which.style.visibility = "hidden"
  else
    which.style.visibility = "visible"
}

This is a p element.

<button type="button" onclick="myFunction()">Hide content of p</button>

be to plaintiffs’ interests, is not required by law,
without comment, condition, or reservation in this circuit’s          then defendants must be held to have acted gratuitously
reasoning and disposition in Owner-Operator Independent               and plaintiffs have not prevailed in a legal sense.”
Drivers Association v. Bissell, No. 94-6178/6179, 1997 WL
525411 (6th Cir. Aug. 21, 1997). By remaining silent he             Johnston v. Jago, 691 F.2d 283, 286 (6th Cir. 1982), quoting
waived any option subsequently to explain or express the            Nadeau v. Helgemoe, 581 F.2d 275, 281 (1st


                                                                   Bissell’s conduct violated Plaintiff’s constitutional
  The opening paragraph of the concurring opinion of the              rights. The Court’s opinion contained specific findings
instant appeal announces that its author was a member of the          of discriminatory and unconstitutional policies and
 trial judge, and a reason that
case. Consequently, the district court found that OOIDA was          prompted the panel majority to conclude that “the declaratory
the “prevailing party” entitled to attorneys’ fees. This court       judgment issued by the district court is sufficient reason alone
upheld the district court’s declaratory judgment and only            to deem OOIDA a prevailing party in this case,” was a fiction,
vacated the award of injunctive relief so that the district court    a fact which is the coup de grace to the panel majority’s
could clarify its ruling. It is also undisputed that Bissell’s       reasoning.
resignation and


had relied upon to support     Bissell, Jackie Pope, or other PSC staff members. Other
its vacated injunction. Instead, it determined “that in light of       such requests came from supervisors in the field. One
the abolishment of the PSC, and the fact that Defendant                sergeant told an enforcement officer that ‘it was better to
Bissell no longer held office, there is no compelling reason           sell tickets than work midnight at the scales.’ One
for the issuance of an injunction against Defendant Bissell at         officer was asked to go to thecourt’s substantive findings and conclusions regarding
these matters, including Defendant Bissell’s unconstitutional           The generosity of the Tennessee trucking companies did not
behavior,” (emphasis added), is a misstatement of this court’s       go unrewarded, the district court found: “The proof at trial
previous opinion, for the obvious reason that such inculpating       presented a significant connection between the perceived, and
findings implicating Bissell were non-existent in the court’s        sometimes actual, political clout of some in-state motor
record of proceedings. The very reason that the injunction           carriers and the decisions of enforcement officers in
against Bissell was vacated was:


that the trucking                 Accordingly, without constitutional foundations, both 42
  company had just contributed to the commissioner’s                U.S.C. § 1983 charges against Bissell entertained and decided
  campaign and the owners had asked Jackie Pope,                    by the district court must fail, and the district court’s decision
  Commissioner Bissell’s administrative assistant, if they          must be reversed.
  could get some help on the ticket. Pope conveyed the
  request     We did not question the proposition that the orders given by
vacated the district court decision and remanded the case with          Bissell to stop checking out-bound trucks for safety defects
instructions to identify Bissell’s unconstitutional behavior, if        and to limit safety inspections to in-bound vehicles could
any existed. The district court ignored the instructions                support the claims – found meritorious by the district court –
without elaborating on its original factually unsupported               of Equal Protection and Commerce Clause violations. With
conclusory statements.


court to consider, on remand, “whether that specific conduct
   The district court’s decision declaring the Commission’s             warrants injunctive relief against [Bissell], and indeed the
alleged practice of selectively enforcing safety regulations in         propriety of any such relief since Bissell was just one of three
favor of in-state trucking companies by concentrating border            commissioners, is no longer a commissioner, and the
enforcement on incoming traffic to be unconstitutional was              Commission itself was abolished to be replaced by an agency
equally erroneous.           [A]lthough Plaintiffs did not ultimately receive
and employees to solicit regulated trucking companies for            judicially-awarded relief, they have demonstrated that
political campaign contributions by selling tickets to Bissell-      the present lawsuit “acted as a catalyst” in prompting
sponsored fund-raising affairs designed to promote his               Defendants to take the desired action.
reelection campaign in return for alleged purported related
favorable considerations. The district court also retained             In sum, the Court finds that Plaintiffs are not the
§ 1983 jurisdiction to decide if the Commission’s policy of


                judgment which is the common thread that is central to the
  Accordingly, for purposes of this dissent, it is assumed that            district court’s decision and the panel majority’s reasoning
the “desired catalytic action” alluded to by the trial court, and          and ultimate decision has prompted an examination into its
promoted by Plaintiff OOIDA, was the fortuitous abolition of               origin and viability. The Plaintiffs’ Complaint and Prayer for
the elected three-member Tennessee Public Service                         Relief affords a reasonable point to commence such an
Commission (“PSC”) by the Tennessee General Assembly                       inquiry.
and the reassignment of its authority and responsibility to an
appointed Board of Directors and other existing state                         At the outset it is worthy to note that this is an action
agencies; and the resignation of Keith Bissell, one of the three


 invoking 42 U.S.C. § 1983 seeking declaratory judgment and
elected commissioners. Both actions were voluntarily                       injunctive relief that would permanently enjoin the defendants
undertaken and not required by law or judicial decree.                     from impinging the Plaintiffs’ constitutional rights
                                                 of the seven declarations
responsibilities to an appointed Board of Directors and, in                sought to condemn searches of truck cab interiors, cab
some instances, other existing agencies, and caused Bissell to             sleeping compartments, and truck interiors without probable
resign as one of its three elected 2commissioners, taxes                   cause or a search warrant as violations of Plaintiffs’ Fourth
reasonable logic and comprehension.


      demonstrated by the example described by the district court wherein it
     performance, or the termination of some conduct.            alludes to one of two identified individuals in the melee of faceless and
     Redress is sought through the court, but from the           nameless bureaucrats referred to as “the defendants.” “Capt. LeFevers
                                                court with instructions for further consideration.
Plaintiffs against Bissell, the district court, nevertheless,
accomplished that result by sua sponte, without notice to                Although I concur with the panel majority’s statement that
Bissell, applying the “catalyst test.”                                 “the record does lack specific findings of fact by the district


an appeals court to serve as a sounding
commissioners without whom Bissell could not have acted.             board for facts not properly in the record, simply because
                                                                     a party never had a chance to develop them. Similarly, as
   Recognizing that the panel majority will argue that the the
instant case, wherein a district court issued a sua sponte final        Generally, before summary judgment [or any other
disposition adversely affecting a real party in interest to the      final disposition] can be granted against a party, Fed. R.
litigation:                                                          Civ. P. 56(c) mandates that the party opposing summary


of Wausau, 69 F.3d at 105.
  sponte.
                                                                     Initially, the panel majority appeared to have rejected the
    Nevertheless, as Fed. R. Civ. P. 12 and Catrett                district court’s sua sponte final disposition charging Bissell
  demonstrate, a district court does not have                                                       Supp. 1258 (N.D. Ill. 1991), which presents an unresolved conflict with
Employers Ins. of Wausau v. Petroleum Specialties, Inc. 69         its circuit court’s disposition of Libby by Libby v. Illinois High School
F.3d 98, 105 (6th Cir. 1995) (some emphases added) (some           Association, 921 F.2d 96 (7th Cir. 1990). Moreover, Village of
citations omitted). The Court observed:


operating conditions, the ON/OFF action of the switching element is completed in a single movement and does not involve the alloyed lever.
Secondly, when current flows in the ON state, the alloyed lever expands freely in the chamber under heating which is generated from current flowing through the open-close structure of this circuit breaker. When the alloyed lever expands to a preset point, it will separate from the switching element, and the circuit breaker goes into the OFF state to avoid fire hazard from current overloading.
Thirdly, after the factors causing overloading are removed while the circuit breaker is at the OFF state, the switching element must be pressed once to make the alloyed lever to go into the opposite direction and return the circuit breaker to its normal OFFposition.
As described in the aforementioned manner, the safe circuit breaker lever structure indeed do cut off the current flow under overloading condition to prevent overheating and assure safe electrical operation. Both steps 1 and 2 are normal and reasonable in the usual power switch devices. However, according to what is stated in step 3, in order to get the circuit breaker back to the normal OFF state requires a pressing action on the switching element, which is an unnecessary and spurious step. To start the circuit breaker to conduct current again, an operator needs to press the switching element again. Therefore, it takes two steps to re-start the electrical circuit. It is for this reason the construction of a chamber for moving lever needs further improvement and simplification.


specifically, prostate cancer.
Id. at 482. Burnett engaged in protected activity by re-
questing two weeks off because he would not be able
to perform the essential functions of his job. Id. Prior to
his scheduled time off, Burnett requested to leave work
one day because he “felt sick.” Id. at 476. After leaving
work without his supervisor’s permission, Burnett
was terminated for insubordination. Id. We held that
these facts “suggest a direct, causal connection between
the protected activity and adverse action.” Id. at 482. We
noted that the employer’s “classification of Burnett’s
conduct as insubordinate stems in large measure from
its mistaken belief that Burnett was not entitled to
No. 11-3420                             the southeast corner of the steeple, causing a portion of the gargoyle to fall, striking the victim."

Simon said the Department of Buildings has no record of 311 complaints on the building, and said it was last in contact with the property for an inspection on Oct. 30, 2013.

Buildings Department records show the church failed a series of inspections from 2007 to 2011.

In 2011, the church was cited for five violations, including failing to "maintain the exterior walls of the building or structure free from holes, breaks, loose or rotting boards or timbers and any other condition which might admit rain or dampness to the walls," records show.

The church did pass an "assembly/amusement annual inspection" in 2012.

"The building wasn't structurally sounds because they failed inspections before," Willis said. "It


EVENTS

In case you were getting too comfortable

I don’t have a ‘goal’ for this blog per se. Based on feedback I occasionally get from readers I am introducing anti-racist concepts and vernacular to an audience that hadn’t encountered them much before – that’s a bonus for me. I am reasonably sure I haven’t deconverted anyone to atheism… yet. While I am unashamedly putting my ideas out there for public consumption, I don’t hold any pretense of trying to change the world or start a revolution. I’m just a guy with ideas, and some people seem to find them interesting, which makes me happy.

That being said, I am not above occasionally goosing my fellow Canadians and reminding them that while things are undoubtedly bad in other countries, we have ourfair share of problems here too.

Some members of Nova Scotia’s black community say they are outraged that a white person has been hired as executive director of the Africville Heritage Trust and are calling for her resignation. “I find it insulting to all black people,” said Burnley (Rocky) Jones, a local lawyer and well-known human rights activist. “Surely we, within our community, have many people fully qualified to do such a job.” (snip) The trust’s board of directors, which includes six representatives of the Africville community, recently hired Carole Nixon, a white Anglican minister, for the position.

I’ll admit that even someone as outspoken and uncompromising as me had a really tough time coming down on one side of this issue. For those of you who weren’t here in


If you have standard texts you want to include on several pages, the MediaWiki template feature comes into play. Unlike extensions and media files, there is no central repository for templates. Templates can be newly written or to save duplicating work already done, exported from another wiki e.g. Wikipedia, and then imported into the target wiki.

The simplest use of templates is as follows. If you create a page called "Template:Welcome" with contents:

שלום! ברוכים הבאים לוויקי.

you'll have created your first template! If you then insert the code:

{{ברוך הבא}}

in any other page, when that page is viewed the text "Hello! Welcome to the wiki." will appear instead of {{Welcome}}. The template content is "transcluded" into the other page, i.e. it is integrated in the page.

You can then insert {{Welcome}} atthe page's source.

{{subst:Name}} — when this template link is used, it will be replaced once and for all with the content of [[Template:Name]] as of the time the page with the link is saved: a copy of the contents of [[Template:Name]] will be substituted for the template link. The contents are then a part of the including page, and can be edited normally, separately from the original. Note: later changes to the source template page will not be propagated to the page with the template link.

To enrich the mechanism of transclusion, MediaWiki allows parameters to be passed to a template when it is transcluded. Parameters allow the template to produce different contents or have different behaviors.

Suppose you wish to insert a little thank you note in the talk


Pre_GI Gene

NC_005070:617448 Synechococcus sp. WH 8102, complete genomeHost Lineage: Synechococcus; Synechococcus; Synechococcaceae; Chroococcales; Cyanobacteria; BacteriaGeneral Information: This strain is a motile strain that can be grown in both natural and artificial seawater liquid media. It was isolated from the tropical Atlantic ocean in 1981. The genome contains evidence of many phage integration events and analysis of the metabolic pathways show that this organism is capable of a more nutritionally diverse lifestyle than that of Prochlorococcus.The 8 The majority of Appealing Unsolved Crimes.

Head of state Malcolm Turnbull has stated the computerizeded Centrelink financial debt rehabilitation method is 'very suitable'. In Laverre Urban area, in our home eastern of the health and fitness center, you will certainly find a gentleman who w read more...


Please Come Home / Oh Please Don't Talk About Me When I'm Gone / OOh Boogie / It Had To Be You / After You've Gone / Wrap Your Troubles In Dreams

Payment
Payment may be made safely by Credit Card through our Secure Server.
If you prefer, Credit Card details may also be sent by phone.We also accept Paypal.
Australian residents may also pay by Direct Bank Transfer , Australia Post Money Order or Cheque. These options are offered at checkout.5). Let h = -4 + 3.8. Suppose 0 = -4*l - 2*r + 12, l = -l + 5*r + 6. Which is the nearest to h?  (a) -5  (b) l  (c) s
c
Let g = 2 + -9/5. Which is the closest to 2/9?  (a) 0.3  (b) 4  (c) g
c
Let l = -49.1 - -49. Let o = -2 + 2.5. Which is the closest to l?  (a) 0  (b) 1/6  (c) o
a
Let n = 59 - 58.6. Which is the nearest to 0.2?  (a) n  (b) 0.04  (c) -0.4
b
Let q = 0.4 + 0.6. Let j = -7 - -6. What is the nearest to -1 in 0.5, j, q?
j
Let a(p) = p**3 -


i + -0.3. Which is the nearest to f?  (a) -0.1  (b) w  (c) -0.3
a
Let m = -106 - -105. Let x = -1.8 - -2. Let s = 0.1 - x. Which is the nearest to -1?  (a) m  (b) s  (c) 0.2
a
Let s be (-9)/(-10) + 42/(-105). Let g = -0.4 + -1.6. Let k = 2 + g. Which is the nearest to k?  (a) s  (b) -1/4  (c) -0.3
b
Let h = -2/7 + 0. Let r(d) = d**2 - d - 1. Let b be r(2). Let l = -1 + 0.6. What is the closest to h in 4, l, b?
l
Let m be ((-8)/(-3))/(-2) - -2. Let q = -1.039 - -0.039. What is1/4 in z, -2/9, -2?
-2/9
Let s = 73.3 - 73. What is the closest to -2 in -3, s, 0.2?
-3
Let d = 19 - 19.3. Which is the nearest to 1?  (a) -0.1  (b) d  (c) 0.2
c
Let a = 18 - 18.4. Let x = 0.2 + -0.3. Let b = a - x. What is the closest to -1 in -3, b, 0.4?
b
Let x = 2 + 1. Suppose 10 = -d - 2*k, -4*k = -3*d - 2*k + 2. Let m = d + x. What is the closest to 0.1 in m, -1/6, 3?
-1/6
Let h be -5 - -7 - 12/7. What is the nearest to h in 0, 5, -4?
0
Let g = -1.9 - -1.5. Suppose -3*p + 4 =


My Phone (Samsung Galaxy Note) has become really slow after I have upgraded my phone with 4.1.2. And I don't have any much data in my phone. I am really unhappy with this update. Can we do something about it?the excess costs, the expenses, and attorneys' fees reasonably incurred because of such conduct." 28 U.S.C. § 1927. Counsel must be found to willfully abuse the judicial process "by conduct tantamount to bad faith." Avirgan v. Hull, 932 F.2d 1572, 1582 (11th Cir.1991).[15] Because § 1927 serves to punish an attorney, courts must strictly construe it. Peterson *1053 v. BMI Refractories, 124 F.3d 1386, 1395 (11th Cir.1997). Hence, before assessing fees, a court must find that all three statutory factors exist: a) unreasonable and vexatious conduct; b) multiplication of proceedings; and c) the sanctions may not exceed the costs, expenses, and fees reasonably incurred due to the conduct. Id. at 1396.

a) "Unreasonable and Vexatious" Conduct
Because the statute does not define "vexatious," the word must be given its ordinary


as officers of the court.
Malautea v. Suzuki Motor Co., Ltd., 987 F.2d 1536, 1546-47 (11th Cir.1993).[24] Similarly, the Sixth Circuit has stated:
An attorney's ethical obligation of zealous advocacy on behalf of his or her client does not amount to carte blanche to burden the federal courts by pursuing *1056 claims that are frivolous on the merits....
Jones, 789 F.2d at 1230. Counsel in this case would be wise to learn from the admonitions of the Eleventh and Sixth Circuits and mind his duties as an officer of the Court.

c) Financial Nexus to the Excess Proceedings
The Court finds that there is a clear nexus between Mr. Head's wrongful conduct and the costs, expenses, and fees reasonably incurred in this litigation.

D. Amount of Attorneys' Fee Award
Defendant's counsel filed an affidavit withto national origin discrimination claim than a gender discrimination claim is to a disability discrimination claim. Because it is a close call as to whether Plaintiff's counsel and Plaintiff failed to exhaust the administraive remedies of the race discrimination claim, this Court will not find their inclusion of it in the Complaint as evidence of bad faith.
[23]  Mr. Head was not obligated to withdraw, but neither was he obligated to continue representing his client. Courts have held that a retained attorney does not act improperly by seeking permission to withdraw if the client will not follow his advice. See, e.g., Washington v. Sherwin Real Estate, Inc., 694 F.2d 1081, 1087-88 (7th Cir.1982), and cases cited therein.
[24]  The Malautea case involved discovery abuses, but the same general


80 samples from LTS flocks, 41 were positive for parvovirus while 20 of 35 samples from non-LTS flocks were positive. The prevalence of parvovirus in fecal samples submitted to MVDL was relatively low; only five of the 116 pools were positive. The partial NS1 gene sequences from LTS and non-LTS samples showed 98 to 100% nt identity except for one divergent turkey parvovirus (TuPV) strain that revealed 90% identity and clustered with chicken-like parvoviruses. The presence of this divergent strain suggests circulation of a recombinant strain of TuPV in Minnesota turkeys. Our results indicate that TuPVs are circulating in both LTS and non-LTS flocks of turkeys in Minnesota, and further experimental studies are indicated to study the role of TuPV in LTS.non-union of the radius secondary to infection after 2 months. Infected implant and 5 cm sequestrum was removed from radius bone.

Infection was successfully controlled. Patient was electively admitted after 3 months for corrective surgery. Intraoperatively, the radial ulnar area was clean and there was no evidence of infection. Tissue was taken from the same area for culture and sensitivity. The result showed no growth. The radial graft area was prepared by excising both the proximal and distal end of radius by using an oscillating saw. The proximal end was a clean cut and the medullary canal was clearly identified, the distal end was cancellous bone and there was no medullary canal hence the graft was then placed in acceptable anatomical position with good contact of both ends. Not


import React from 'react';
import { hydrate } from 'react-dom';
import App from './App';

hydrate(<App />, document.getElementById('root'));

if (module.hot) {
  module.hot.accept();
}
access-control
      requirements. Because such a violation can occur only if there is no ordinary page fault, this flag is set only if
      the P flag (bit 0) is 1 and the RSVD flag (bit 3) and the PK flag (bit 5) are both 0.


Shop for Fralick Queen Panel Configurable Bedroom Set Free Shipping On Orders ,fast shipping ..Purchase Fralick Queen Panel Configurable Bedroom Set Purchase Online Is quality goods.It suitable for invaluable as gifts to the people you loved.Or buy as a reward for yourself.Here we introduce the best products for you.Just your learn the details below.And compare the pros and cons.

Description

Description

if you decide to buy Fralick Queen Panel Configurable Bedroom Set you can read article on this for help get infomation .. Are you currently intending to purchase outdoor furniture through the internet? Then there are some things you have to be aware of and which may be considered if you were purchasing yours locally. One thing you can rest assured of when it comes to purchasing furnishings backyard onlinethere. And while SAP’s digital core S/4HANA Enterprise Management is certainly a monumental milestone, clients are surprised to discover that arriving at a digital core is not as difficult as it might seem to enable this level of transformation.

A digital core helps any business run faster and simpler, so getting there should not be as complicated as the siloed line-of-business applications and redundancies a business leaves behind.

Sharelines

The Digitalist Magazine is your online destination for everything you need to know to lead your enterprise’s digital transformation.

Read the Digitalist Magazine and get the latest insights about the digital economy that you can capitalize on today.

About Sven Denecken

Sven Denecken is Senior Vice President, Product Management and Co-Innovation of SAP S/4HANA, at SAP. His experience working with customers and partners for decades


and networking with the SAP field organization and industry analysts allows him to bring client issues and challenges directly into the solution development process, ensuring that next-generation software solutions address customer requirements to focus on business outcome and help customers gain competitive advantage.
Connect with Sven on Twitter @SDenecken or e-mail at sven.denecken@sap.com.

“We are at a pivotal time in the IT and every industry as the digital transformation or DX economy rises over the next 36 months,” said Gens. ”We’ll see new digital services and smart connected products transform every industry, driving materially higher growth than traditional product and service lines, and enabling exciting new scale and pace of innovation in supply chains, distribution networks, and customer engagement.”

In IDC’s nomenclature, DX refers to the application of digital technologies thatauthority, and information they need to make decisions in the moment begins with leaders who can formulate and communicate the digital mission. Randall Stephenson, chairman and CEO of AT&T, understands the forces driving digital transformation. Under his guidance, AT&T’s lines of business have expanded—both organically and through acquisitions—to include extensive digital operations, like DirecTV and potentially, as of press time, Time Warner, according to The New York Times. So even as AT&T continues to compete for market share against established and startup telecommunications providers, the company is going head-to-head against digitally based companies like Amazon and Google.

Every business must become digital and work in the cloud, but the change doesn’t merely mean making acquisitions, buying new technology, and rewriting org charts. A new digital workforce is needed as


conscientiously about where their companies are headed, what skills their people will need, and how they can help them develop the skills they’ll need as their roles evolve. Digital leaders are also able to articulately communicate to employees where the world is headed so that they are motivated to get there and be productive now and in the future.

Unleash a New Generation of Executives

Companies can no longer afford to delay recognizing the digital sea change that is transforming decision making and the capacity to respond in real time to challenges and opportunities. Led by Millennial executives, the new digital workforce is ready to spark unprecedented performance improvements in organizations that do not constrain their ability to communicate, collaborate, and contribute. Digital leaders are devising strategies for harnessing theiryou visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.We collect this information about you using cookies.

Automated Decision Making and Profiling.
We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

COOKIES

What are cookies?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies


as you wish.

Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of(studied in [@Volk], [@CoudrayCoz]). The first of these transmutations is used for separating the part corresponding to the unperturbed equation ($q\equiv0$) and the second to add the perturbation. We specify that neither here nor in the title of the paper the perturbation means any kind of smallness of the coefficient $q$. The use of two transmutation operators allows us to show that the regular solution of (\[I1\]) can be represented in the form $$u_{l}(\omega,x)=\frac{2^{l+1}\Gamma\left(  l+\frac{3}{2}\right)  }{\sqrt{\pi
}\omega^{l}}xj_{l}\left(  \omega x\right)  +\int_{0}^{x}R(x,t)\cos\omega
t\,dt\label{Intro ul}$$ where the kernel $R(x,t)$ is a sufficiently good function which admits a convergent Fourier-Legendre series expansion. Moreover, this approach makes it possible to write down the result of the integral $\int_{0}^{x}R(x,t)t^{2k}\,dt$ for any $k=0,1,2,\ldots$ and as a consequence to obtain explicit formulas for the


@AnalyticApprox] and [@KNT; @2015] where many aspects of the numerical implementation are discussed in detail.

The first coefficients $\beta_0$ and $\gamma_0$ are given by and in terms of the particular solution $u_0$ of equation satisfying asymptotic conditions and . Such solution together with its derivative can be computed using the SPPS representation [@CKT2013 Section 3]. The assumption for the solution $u_0$ to be non-vanishing automatically holds if $q(x)\ge 0$, $x\in (0,b]$. For other cases one may need to apply the spectral shift technique as described in [@CKT2013], [@CKT2015].

As was mentioned in [@KNT; @2015] for the non-singular case, the direct formulas lead to a rapid growth of the error in the computed coefficients $\beta_k$ and $\gamma_k$ and are not recommended for numerics. The same happens with the formulas and ,height="2.4in"}

Decay rate degrees of the numbers $|\gamma_n(\pi)|$\
![Illustration of the decay rate degree of the numbers $|\beta_n(\pi)|$ (two upper plots) and $|\gamma_n(\pi)|$ (two lower plots) for different potentials $q_i$, $i=1,\ldots ,6$ given by as functions of the parameter $l$. Additionally we plot the lines $y=-2l-3$ (dashed line) and $y=-l-1$ (dash-dot line).[]{data-label="DecayFig2"}](fig31 "fig:"){width="3in" height="2.4in"}![Illustration of the decay rate degree of the numbers $|\beta_n(\pi)|$ (two upper plots) and $|\gamma_n(\pi)|$ (two lower plots) for different potentials $q_i$, $i=1,\ldots ,6$ given by as functions of the parameter $l$. Additionally we plot the lines $y=-2l-3$ (dashed line) and $y=-l-1$ (dash-dot line).[]{data-label="DecayFig2"}](fig32 "fig:"){width="3in" height="2.4in"}

For integer values of $l$ the estimate predicts a faster than polynomial decay of the coefficients $\beta_n$ in the case of a $C^\infty$-potential and guaranties a polynomial decay rate for potentials of


for different potentials $q_k$, $k=0,\ldots ,5$ given by .[]{data-label="DecayFig3"}](fig41 "fig:"){width="3in" height="2.4in"}![Illustration of the decay rate of the numbers $|\beta_n(\pi)|$ (left plot) and $|\gamma_n(\pi)|$ (right plot) for different potentials $q_k$, $k=0,\ldots ,5$ given by .[]{data-label="DecayFig3"}](fig42 "fig:"){width="3in" height="2.4in"}

Solution of spectral problems
-----------------------------

One of the possible applications of the proposed representations and is to the approximate solution of spectral problems. We emphasize that the idea of this subsection is to illustrate the convergence estimates and error bounds from Theorem \[Th ul Neumann\] and Theorem \[Th R2 Legendre\] rather than to compete with the best available software packages such as Matslise [@LedouxVDaele]. Our implementation of the approximate method based on the proposed formulas is straightforward. Clearly the method can benefit, e.g., from interval subdivision techniques combined with the representation proposed in [@KNT;parameter $l$.[]{data-label="Ex3Fig1"}](Ex3Fig1){width="5in" height="2.4in"}

[99]{} =-2pt

M. Abramovitz and I. A. Stegun, *Handbook of mathematical functions*, New York: Dover, 1972.

R. A. Adams, *Sobolev Spaces. Pure and Applied Mathematics, Vol. 65*, New York-London: Academic Press, 1975.

A. Baricz, D. Jankov and T. K. Pogány, *Neumann series of Bessel functions*, Integral Transforms Spec. Funct. 23 (2012), no. 7, 529–538.

H. Blancarte, H. Campos and K. Khmelnytskaya, *Spectral parameter power series method for discontinuous coefficients*, Math. Methods Appl. Sci. 38 (2015), no. 10, 2000–2011.

A. Boumenir and B. Chanane, *Computing eigenvalues of Sturm-Liouville systems of Bessel type*, P. Edinburgh Math. Soc. 42 (1999), 257–265.

R. Castillo-Pérez, V. V. Kravchenko and S. M. Torba, *Spectral parameter power series for perturbed Bessel equations*, Appl. Math. Comput. 220 (2013), 676–694.

R. Castillo-Pérez, V. V. Kravchenko and S. M. Torba, *Analysis of graded-index


North-Holland Publishing Co., 1978, 528 pp.

V. Ya. Volk, *On inversion formulas for a differential equation with a singularity at $x=0$*, Uspehi Matem. Nauk (N.S.) 8 (1953). no. 4(56), 141–151.

G. N. Watson, *A Treatise on the theory of Bessel functions, 2nd ed., reprinted*, Cambridge: Cambridge University Press, 1996, vi+804 pp.

J. Weidmann, *Spectral Theory of Ordinary Differential Operators*, Lecture Notes in Math., Berlin: Springer, vol. 1258, 1987.

J. E. Wilkins, *Neumann series of Bessel functions*, Trans. Amer. Math. Soc. 64 (1948), 359–385.

[^1]: Research was supported by CONACYT, Mexico via the projects 166141 and 222478. R. Castillo would like to thank the support of CONACYT and of the SIBE and EDI programs of the IPN as well as that of the project SIP 20160525.
Tumor progression in serial passages of the Dunning R3327-G rat prostatic adenocarcinoma: growth rate response to endocrine manipulation.
Serial passages of the poorly differentiated, androgen-sensitive R3327-G prostatic adenocarcinoma were used to study the progressive changes that occur in tumor growth rate and androgen sensitivity. Different in vivo transplant generations (21st to 28th) were compared. The tumor doubling and animal survival times resulting from the implantation of the 21st to 22nd generation (21-22G) tumor cells in intact male rats were significantly greater than those resulting from the implantation of 23-28G tumor cells. The most dramatic difference between early (21-23G) and late (26-28G) tumor generations, however, was in androgen sensitivity. The 26-28G tumors displayed androgen sensitivity only when implanted into animals castrated 2 to 7 days previously. Tumors grown in the


2 + 1 + (-39)/15 + 4/(-10). Is n >= h?
False
Let f = -1640.09 + 1640. Is f less than -132?
False
Suppose r + 231 = -2*r. Suppose 5*a + 1750 = 5*x, 0 = x + x - 5*a - 694. Suppose -7*j = x + 180. Does j = r?
False
Let b = 3.0885 - 3.9885. Which is smaller: -25/2 or b?
-25/2
Let f = 15.673 + 5.727. Let i = -0.1 + -1.9. Which is smaller: i or f?
i
Let m(q) = q**3 - 18*q**2 - 109*q - 139. Let f be m(23). Do f and 2/11051 have different values?
True
Let s = 292 - 534. Let h = -291 - s. Is h at least 3?
False
Let f = 3188 + -6778. Are -0.1 and f nonequal?
True
Let d = -51-4 = -4*v - 11*c + 7*c, 5*v + 3*c - 11 = 0. Suppose -5*n + 4*n - x + 182 = 0, 334 = 2*n - v*x. Is n >= 177?
True
Suppose -2*z = -3*h + 324, -8*h = -9*h - z + 108. Is 106 greater than or equal to h?
False
Suppose h + 4*d = -69, 31 = -h + d - 13. Let x be (-1337)/h - (-4)/(-14). Suppose -97 = 7*a - x. Are a and 1 unequal?
True
Suppose 2 = -5*t + l + 5, t - l - 3 = 0. Suppose -2*w - 1 = -3*w. Suppose 5*u = 5*h, 2*h + h + w = 2*u. Which is smaller: t or h?
h
Let h = 945 - 946. Is h smaller than


in a list powered by Rotten Tomatoes.
Screenshot by Jason Parker/CNET

With iOS 6, Apple has given Siri features to make it more of an integral method for interacting with the iPhone. With the added capabilities of opening apps, remembering recent questions, and more integration with commonly used functions on your iPhone, Siri will be much more useful across the board. You'll now be able to ask Siri for sports scores and get a nice-looking scoreboard right in the Siri window that you can tap for more info. Similarly, ask Siri about movies and she'll bring up a Rotten Tomatoes movie-listing interface without having to open external apps. New Yelp integration will give you more information about restaurants, such as hours and cuisine types. None of this is groundbreaking, butmy way," or "What's up?" or you can touch a Custom button to type in your own reply. Your set reminder options are to be reminded in an hour or when you leave your current location.

Another useful addition is a Do Not Disturb option that will block incoming calls while allowing texts and alerts through. You'll be able to filter calls by group and set the phone to allow the second call if someone rings twice within 3 minutes. Here again, we get small, but very welcome, tweaks. Hopefully, they point to a more sophisticated address book for current and future iPhones that will let you organize caller groups and set different levels of access for each. That's one area where the iPhone needs to catch up.

E-mail
On a


             SUMMARY ORDER
 5
 6   RULINGS BY SUM M ARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A
 7   SUM M ARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERM ITTED AND IS GOVERNED BY
 8   FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. W HEN
 9   CITING A SUM M ARY ORDER IN A DOCUM ENT FILED W ITH TH IS COURT, A PARTY M UST CITE
10   EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (W ITH THE NOTATION
11   “SUM M ARY ORDER”). A PARTY CITING A SUM M ARY ORDER M UST SERVE A COPY               3
 1   and Policy shall govern.” Id. at 6.

 2          After less than eight months on the job, White entered into an employment agreement

 3   with BGC. The agreement is dated January 1, 2004, but the parties agree it was actually

 4   executed in 2005, not 2004. Referred to here as the “Employment Agreement,” it contains an

 5   arbitration clause, which provides that “any disputes, differences or controversies arising under

 6   this Agreement shall be settled and finally determined by arbitration . . . . It is expressly agreed

 7   that arbitration


34                        _____________________________________
35
36   Before:
37
38                CABRANES, STRAUB, and LOHIER, Circuit Judges.
 1
 2         Defendant‐appellant Education Management Corporation (“EDMC”)
 3   and its subsidiaries appeal from a judgment following a bench trial before the
 4   United States District Court for the Southern District of New York (Failla, J.).
 5   The District Court held that a series of transactions meant to restructure
 6   EDMC’s debt over the objections of certain noteholders violated Section
 7   316(b) of the Trust Indenture Act of 1939, 15 U.S.C. § 77ppp(b).  The
 8   transactions at issue, the District Court determined, stripped the non‐
 9      McCloy LLP, New York, NY, for
 4                                          Intervenor–Appellant.
 5
 6   LOHIER, Circuit Judge:

 7         Defendant‐appellant Education Management Corporation (“EDMC”)

 8   and its subsidiaries appeal from a judgment following a bench trial before the

 9   United States District Court for the Southern District of New York (Failla, J.).

10   The District Court held that a series of transactions meant to restructure

11   EDMC’s debt over the objections of certain noteholders violated Section

12   316(b) of the Trust Indenture Act of 1939, 15 U.S.C. § 77ppp(b).  The

13   transactions at issue, the District Court determined, stripped the non‐

14   consenting noteholders, plaintiffs‐appellees Marblegate Asset Management,

15   LLC and Marblegate Special Opportunity Master Fund, L.P. (together,

16   “Marblegate”), of their practical ability to collect payment on notes purchased

17   from EDMC’s subsidiaries.  As a result, the District Court ordered EDMC to

18   continue to guarantee Marblegate’s notes and pay them in full.

19         On appeal, EDMC argues that it complied with Section 316(b) because

20   the transactions did not formally amend the payment terms of the indenture

21   that governed the notes.  We agree with EDMC and conclude that Section


 as provided in paragraph (2) of subsection (a) of this
24                section, and except that such indenture may contain
                                                9
 1               provisions limiting or denying the right of any such
 2               holder to institute any such suit, if and to the extent
 3               that  the  institution  or  prosecution  thereof  or  the
 4       The core disagreement in this case is whether the phrase “right . . . to

14   receive payment” forecloses more than formal amendments to payment terms

15   that eliminate the right to sue for payment.  15 U.S.C. § 77ppp(b).  We agree

16   with the District Court that the text of Section 316(b) is ambiguous insofar as

17   it “lends itself to multiple interpretations” that arguably favor either side on

18   that issue.  Marblegate I, 75 F. Supp. 3d at 611; see also Marblegate II, 111 F.

                                              13
 1   Supp. 3d at 547.  Likewise, Marblegate conceded at oral argument that the

 2   interpretation it advances is not supported by reference to the plain text

 3   alone.  See Oral Tr. 44:21–45:1.

 4         On the one hand, Congress’s use of the term “right” to describe what it

 5   sought to protect from non‐consensual amendment suggests a concern with

 6   the legally enforceable obligation to pay that is contained in the Indenture,

 7   not with a creditor’s practical ability to collect on payments.  Cf. F.C.C. v.

 8   NextWave Pers. Commc’ns Inc., 537 U.S. 293, 302–03 (2003) (“[T]he plain

 9   meaning of a ‘right to payment’ is nothing more nor less than an enforceable

10   obligation . . . .” (quotation marks omitted)); Dennis v. Higgins, 498 U.S. 439,

11   447 n.7 (1991) (defining “right” as “[a] legally enforceable claim of one person

12   against another, that the other shall do a given act, or shall not do a given

13   act”) (quoting Black’s Law Dictionary 1324 (6th ed. 1990)).  On the other hand,

14   adding that such a right cannot be “impaired or affected” arguably suggests

15   that it cannot be diminished, relaxed, or “otherwise affect[ed] in an injurious

16   manner.”  See Humana Inc. v. Forsyth, 525 U.S. 299, 309–10 (1999) (quoting

17


              16
1          Nor does any party seriously contend that the structure of the TIA

2   provides a clear answer to that question, as the dissenting opinion suggests.3

3   At best, we have observed that “[n]othing in Section 316(b), or the TIA in

4   general, requires that bondholders be afforded ‘absolute and unconditional’

5   rights to payment.”  Bank of New York v. First Millennium, Inc., 607 F.3d 905,

6   917 (2d Cir. 2010).  So, for example, Section 316(a)(1) permits bondholder

7   majorities to both waive past defaults and control the manner in which the

8   indenture trustee pursues remedies.  See 15 U.S.C. § 77ppp(a).4  Our

    3  The dissent dismisses EDMC’s argument about the structure of Section 316 as
    “unconvincing.”  We do not suggest that the text of Section 316(a) determines our reading of
    Section 316(b) or has any bearing on our ultimate analysis in this opinion.  Therefore, the
    dissent’s comparison of the permissive versus mandatory language in those provisions
    lacks relevance.

    4 Section 316(a) states, in relevant part:

                    The indenture to be qualified—
                    (1)  shall  automatically  be  deemed  (unless  it  is  expressly
 reorganizations [would] take place on a voluntary basis without supervision

 3   of any court.”  App’x 3419.  In short, this section’s focus on “reorganization by

 4   contract” supports reading Section 316(b) to prohibit amendments to core

 5   payment terms, but provides virtually no support for Marblegate’s view that

 6   Section 316(b) also prohibits other forms of reorganization, such as

 7   foreclosures.  Cf. id. (deferring proposals for supervision of collective‐action

 8   clauses, “since they are but one type of voluntary reorganization procedure”).

 9         The 1936 SEC Report otherwise evidenced that foreclosures were a

10   known method of reorganization well before the enactment of the TIA in

11   1939.  The Report identified foreclosure as a discrete method of

12   reorganization that served as an alternative to the consensual modification of

13   contractual payment terms.  For example, the Report asserted that in the

14   absence of collective‐action clauses, “the release or amendment of the

15   indenture could not be obtained without the consent of all of the bondholders

16   or without the aid of foreclosure or bankruptcy court.”  App’x 3146 (emphasis

17   added); see also id. (noting that it would be “necessary” for reorganizers

                                             23
 1   “faced with . . . a dissenting minority” to resort to “foreclosure

 2   proceedings”).6

 3          The authors of the 1936 SEC Report (and by inference the drafters of the

 4   TIA) were thus clearly aware that corporate reorganizations could be

 5


       24
 1         Like the 1936 SEC Report, Chairman Douglas’s testimony narrowly

 2   addressed collective‐action clauses and formal amendments to core payment

 3   terms.  Quoting at length from the “Reorganization by contract” section of the

 4   1936 SEC Report and responding to the “bogey” that the proposed legislation

 5   would require unanimous consent of bondholders to amend any indenture

 6   term, Douglas assured critics of the proposed legislation that “[t]here is

 7   absolutely nothing in the bill to prevent” amendment of the indenture by a

 8   majority, with one exception, which he described as follows:

 9               The  effect  of  this  exception  is  merely  to  prohibit
10               provisions  authorizing  such  a  majority  to  force  a
11               non‐assenting  security  holder  to  accept  a  reduction
12               or  postponement                       30
 1   District Court deemed prohibited in this case were in in fact contemplated by

 2   the drafters of Section 316(b).  See Securities and Exchange Comm’n, Report

 3   on the Study and Investigation of the Work, Activities, Personnel, and

 4   Functions of Protective and Reorganization Committees, Pt. 8 (1940) (“1940

 5   SEC Report”).  The 1940 SEC Report provided a comprehensive study of the

 6   decades‐long use of foreclosure proceedings to effect reorganizations and

 7   constitutes a direct rejoinder to the District Court’s assertion that the drafters

 8   of the TIA were unaware of such proceedings.  See 1940 SEC Report, Sec. II.

 9   Particularly compelling is the Report’s discussion of the role of junior

10   creditors in foreclosure‐based reorganizations.  In characterizing the choice

11   faced by junior creditors when deciding whether to participate in foreclosure‐

12   based reorganizations, the 1940 SEC Report noted that “the participation in

13   the plan given to junior creditors was the product of practical reasons, not

14   legal compulsion.”  Id. at 137 (emphasis added).  And in comparison to

15   dissenting secured creditors entitled to a pro rata distribution of foreclosure

16   proceeds, the 1940 SEC Report noted that if junior creditors “refused

17   participation in the plan, they were thrown back to participation in such of

18   the debtor’s assets as to which senior creditors could lay no prior claims,”