Federal Practice Update - Four Decisions from the Eastern District - Farrell Fritz, P.C.
This month we review four decisions rendered by the Judges of the Eastern District of New York, Alfonse D'Amato Courthouse. In the first decision, the Honorable Thomas C. Platt denied an employer's motion for summary judgment in a Title VII case. Next, we review a decision by the Honorable Joseph F. Bianco granting a motion for summary judgment in an employment discrimination action based on race. Lastly, we review two decisions by Magistrate Judge E. Thomas Boyle, one granting defendant's motion to compel production of certain documents and denying plaintiff's cross-motion for a protective order, and another denying an insurer's motion for summary judgment.
In Kauffman v. Maxim Healthcare Services, Inc., No. 04-CV-2869, slip op. (E.D.N.Y. July 13, 2006), Plaintiff was employed by Defendant as an Account Manager. Maxim Healthcare Services ("Maxim") provides nurses, home health care aides, and similar employees to nursing homes, hospitals and home health care agencies. Plaintiff claimed his termination violated Title VII of the Civil Right Act ("Title VII") and the New York State Human Rights Law ("NYHRL"). Plaintiff, a white male, alleged he was terminated because of his association with women and/or nonwhite employees against whom Defendant discriminated and in retaliation for not following the alleged company policy which sought to minimize the hiring of women and/or nonwhite employees (the "Policy").
Plaintiff had been promoted soon after his start with the company and had received a performance based bonus of stock options and a trip to Cancun. Soon after, he was asked to open and operate a local office for Maxim. Plaintiff alleged his troubles began when he hired a woman as his first recruiter for the local office. He claimed he was chastised for hiring her and that he was repeatedly encouraged to terminate her because Defendant was a "white male driven company." Plaintiff refused to fire her and instead recommended her for a promotion when he was transferred to Defendant's New Haven, Connecticut office; this office was an hour and a half away from Plaintiff's home in Long Island. Plaintiff claimed he was further reprimanded when he hired another female recruiter. After she voluntarily left the company, Plaintiff was admonished for hiring, as her replacement, an African-American male. In July 2002, Plaintiff and his office were rewarded for good financial performance with a dinner at a nearby casino. But three months later, Plaintiff was terminated for "poor performance." Plaintiff believed he was terminated in retaliation for complaining to his superiors about Maxim's hiring policy and his unwillingness to follow it.
As to the retaliation claim, the Court held that Title VII provides protection under either the "opposition clause" or the "participation clause." Under the "opposition clause," a plaintiff engages in protected activity when he opposes an employment practice that is unlawful under the Act. Under the "participation clause," a plaintiff engages in protected activity when he participates in a proceeding brought under the Act. Judge Platt found that Plaintiff's complaints to superiors about the Policy fell under the "opposition clause." In order for a plaintiff's activities to fall within the "opposition clause," the plaintiff must have a "good faith, reasonable belief that the underlying employment practice [opposed to] was unlawful" and the employer must have "understood, or reasonably understood, that the Plaintiff's opposition was directed at conduct prohibited by Title VII." The Court found both requisites were present in this case. Moreover, Judge Platt dismissed Defendant's argument that Plaintiff's complaints were not enough to trigger the protection of the opposition clause because they had not been directed to upper management.
As to the discrimination claim, the Court held that Plaintiff had establish a prima facie case of discrimination and that Defendant had failed to show a legitimate, nondiscriminatory reason for the termination. It found that Maxim's failure to follow its own "progressive discipline policy" supported Plaintiff's argument that Defendant's given reason for the termination [Plaintiff's poor performance] was merely a pretext for discrimination and retaliation. Consequently, the Court denied Maxim's motion for summary judgment on both, the retaliation and discrimination claims.
In Gary v. Lutheran Social Services of Metropolitan New York Inc., No. 04-CV-2843, slip op. (E.D.N.Y. July 13, 2006), Plaintiff brought an action against his former employer for employment discrimination based on his race. Plaintiff, an African-American male, had been a cook for Defendant at the Muhlenberg Residence (the "Residence"), a supportive housing program operated by Defendant. The Residence was a program funded in part by the U.S. Department of Housing and Urban Development ("HUD"), At the end of 2002, the HUD grant was reduced by 50% and Defendant was forced to lay off those employees whose positions were funded exclusively through HUD. Plaintiff was among those employees that were laid off. He was notified that his position would be eliminated as of August 2003. Three other individuals were laid off at that time, a case manager, a vocational coordinator, and a rental agent. Two of these three individuals were African-American and the third was Caucasian. The positions of vocational coordinator and rental agent were the only ones of that kind. The rental agent position was never refilled and the other two were eventually refilled by African-Americans.
After Plaintiff's position ("Cook") was eliminated, the duties continued to be performed by a volunteer, Mr. Valez. Mr. Valez was of Hispanic descent. He worked as a volunteer cook until Defendant received renewed HUD funding at which time he was hired into the paid cook position. When Mr. Valez resigned, the new cook hired was African-American. Plaintiff was not re-called for the position, nor did he re-apply.
Although Plaintiff argued that he was immediately replaced by a Hispanic employee, that three out of the four employees terminated were African-American, that the HUD grant did not fund the cook position, and that regardless of the grant, there was funding for his position from other sources, Defendant unequivocally demonstrated that the replacement was a volunteer, all the other positions were also HUD funded, and that the HUD grant did fund the cook position.
Defendant's payroll records showed that Valez did not become a new hire until March 2004. He had not become a paid employee until seven months after Plaintiff's termination. Furthermore, the cook position had been held by an African-American employee for five out of the six previous years. Defendant's uncontroverted evidence demonstrated that the reason why those particular employees had been terminated was because they held positions funded by HUD funding. In fact, when funding became available for two of those positions they were filled by African-Americans.
On the other hand, Plaintiff failed to put forth any evidence to support its position that the cook position was not funded by the HUD grant. Judge Bianco held that even if the cook position had not been funded by the HUD grant, Plaintiff had not provided any evidence to support discriminatory intent, and that absent such evidence, "it is not the function of a fact-finder to second-guess business decisions, or to question a corporation's means to achieve a legitimate goal." The Court found that Plaintiff's claims were only supported by pure speculation and that he had failed to produce evidence to support a finding that the legitimate, non-discriminatory reason given by Defendant was a pretext. Because Plaintiff failed to raise a genuine question of fact, the Court granted Defendant's motion for summary judgment.
In Chembio Diagnostic Systems, Inc. v. Saliva Diagnostic System, Inc., 236 F.R.D. 129 (E.D.N.Y. 2006), Plaintiff sought a declaratory judgment that its diagnostic device did not infringe on Saliva Diagnostic System's ("SDS") patent ("Patent") and Defendant counterclaimed for patent infringement. Plaintiff sold a device that tested for HIV under the trademark "Sure Check HIV." This testing kit was pending FDA approval. SDS sold a product called "Saliva Hema-Strip," another on-site diagnostic device. SDS claimed that Plaintiff's device was an exact copy of its Saliva Hema-Strip. Plaintiff and Defendant used to have a business relationship that involved Defendant's Hema-Strip, but that relationship ended in 2003.
Plaintiff filed the complaint in March 2004 and in November of that year SDS served its first set of interrogatories and document requests. Plaintiff responded by objecting to many of the requests on the grounds that they were not relevant to a claim or defense in the action and that they constituted trade secrets. In January 2006, the Court approved a Stipulation and Order providing that certain highly sensitive information could be designated "Highly Confidential-Counsel Only" by the producing party. This information would only be disclosed to counsel, experts not objected to by the producing party, the Court, outside services consultants or jury consulting services. In February, SDS moved to compel responses to its document requests since it allegedly produced the same categories of documents which Plaintiff was refusing to produce.
SDS sought documents categorized as "infringement discovery" or "damage discovery." It argued that such discovery was relevant to its infringement counterclaim because it went to the operation of Plaintiff's device, the results of its testing, and how it performed. Plaintiff objected on the ground that they were irrelevant. SDS requested (1) all FDA related documents; (2) manufacturing protocols; (3) summaries of FDA trials; (4) research and development relating to the Hema Strip/Sure Check HIV product and (5) communications with vendors. Plaintiff objected and sought a protective order concerning those documents.
The Patent protects a sample kit which is made up of a container with a chamber, a top opening, and a bottom opening. A sample of blood would be obtained through the bottom opening and be forced into the chamber for reaction with the test strip inside the chamber. The Patent protects both a method and a device. It protects a "method for collecting a sample of liquid specimen for analytical testing consisting essentially of the steps of …" The "consisting essentially of" language, a term of art in patent law, was at the heart of the dispute. It is interpreted to allow for the inclusion of additional components not listed in the claim of the patent, as long as they do not "materially affect the basic and novel properties of the invention." As such, depending on the specifics of the allegedly infringing device, these "extra components" may determine whether there is an actual claim for infringement.
The extra components in question were the upper and lower "frits" which were included in Plaintiff's device. Plaintiff claimed the frits were additional elements that "materially affect the basic and novel properties of the invention," and as such it placed its device outside of the "consisting essentially of" language. Thus, there was no infringement. Plaintiff alleged that the lower frit was essential to their device because without it the mixture of the sample and the solution inside the device would splash through the barrel of the device and it would not be properly absorbed by the test strip. SDS submitted an affidavit of an expert who stated that experiments had shown that Plaintiff's device worked accurately even without the lower frit and therefore she believed the frit did not "materially affect the basic and novel properties of the invention." The degree of absorbency of the lower frit was also disputed.
Additionally, the parties disputed the significance of the test strip to the Patent. Because SDS would have to establish that Plaintiff's test strip was equivalent to the strip covered by the Patent, it argued discovery pertaining to Plaintiff's test strip was necessary. Plaintiff in turn argued that the chemistry of its test strip was irrelevant because these test strips were "well known in the prior art." Also, it claimed its test strip and device were proprietary trade secrets and its disclosure would cause irreparable harm. The Court agreed with Plaintiff as to the confidential nature of the information and asked that the Defendant show that disclosure was justified because the information was relevant and necessary.
As to the documents categorized as "infringement discovery," information pertaining to the method of sample acquisition and to the test strip, Judge Boyle held that Defendant had demonstrated that documents relating to Plaintiff's FDA application, which generally requires extensive testing data and description of the manufacturing and materials used, were relevant and necessary because they addressed the particulars of the presence or absence of the frits which were at the heart of the dispute ("how the device works and whether the frits are absorbent and/or have a material effect on the basic and novel properties of the invention."). Judge Boyle also found that although Plaintiff was correct in arguing that the chemistry of the strip was not protected by the patent, Defendant was entitled to discovery relating to the chemistry of the strip because it was necessary in order for Defendant to rebut Plaintiff's statements that the strip did not work properly without the frits. Plaintiff's motion for a protective order was denied as to both the frits and the test strip, pursuant to the terms of the January 2006 Stipulation.
SDS argued that information regarding communications with vendors may be evidence of Plaintiff's willful copying of its device. SDSt's CFO had stated in his declaration that he had become aware, through one of its vendors, that Plaintiff was ordering 100,000 units of the "Hema Strip Barrel." SDS argued communications with vendors may reveal that Plaintiff was ordering products designed for and used by SDS, which could prove willfulness on the part of the Plaintiff. Here again, the protective order was denied, pursuant to the Stipulation.
As to "damages discovery," the Court held that documents which would assist in establishing the amount of a reasonable royalty and/or lost profits were discoverable, this included information relating to Plaintiff's manufacturing costs, vendor communications, and customer purchases.
In Cohen v. Utica First Insurance Company, 436 F.Supp.2d 517 (E.D.N.Y. 2006), Plaintiff was seeking to recover the value of an insurance policy between Defendant and Mario's Painting Company ("Mario's"), a company which was insured under a policy issued by Defendant. The policy between Mario's and Defendant was sold to Mario's by George Wagner Associates, Inc. ("Wagner Associates"). The action arose from a fire that occurred on August 12, 1998, which destroyed Plaintiff's house. At the time of the fire, several contractors were working on the property, one of which was Mario's.
Prior to this litigation, Plaintiff had commenced an action against Mario's, which resulted in a default judgment against Mario's. In the current action, Plaintiff sought to enforce Defendant's duty to indemnify Mario's with respect to the prior judgment. Defendant moved for summary judgment on grounds that notice of the fire was untimely and that Wagner Associates was not its agent, thus, was not authorized to receive notice.
Mario's was owned and operated by Mr. and Mrs. Llobell. Mr. Llobell testified that on or about August 12 or 13, he told his wife to call the insurance broker to notify him of the fire. Although he believed the fire was not his fault, based on his action and his conversations with the fire marshal and insurance investigator, Mr. Llobell believed that notifying the insurance broker was what he was "supposed to do." Ms. Llobell called the broker the day after the fire. She testified that Mr. Wagner, the principal of Wagner Associates, had told her that nothing had to be done unless they were served with papers. She also testified that she believed Mr. Wagner was the contact person for Defendant and that she was not aware of any duty to contact Defendant directly. Ms. Llobell did not follow-up this phone call with any other action and it was not until she received the summons and complaint that she spoke to Mr. Wagner again. On March 1999, the Llobells sent a letter to Mr. Wagner with a copy of the summons and complaint. Defendant received notice of the loss by letter dated April 8, 1999, which contained the Llobells' letter to Wagner and the summons and complaint. In turn, Mario's received a letter from Defendant notifying them that it would not defend or indemnify Mario's because it failed to report the loss in a timely manner. The fire occurred in August 1998 and Defendant had not received notice until April 8, 1999.
Mr. Wagner testified that he was authorized to receive notice of loss on behalf of Defendant and that although it was not stated specifically in his contract with Defendant, it was "very standard in the industry" to do so. He further testified that unlike other companies, Defendant did not require losses to be reported to it directly. Mr. Wagner had a broker's and an agent's license. He also testified that in 1998 he was authorized to bind policies on behalf of Defendant.
In New York, "an insurance broker is the agent of the insured, not the insurance company, and the notice to an insurance broker, absent exceptional circumstances …, is not notice to the insurer." In order for a broker to become an agent of the insurer, there must be some action on the part of the insurer from which authority to represent the insurer may be inferred. Acts such as selling a policy or using the term "agent" do not create an agency relationship. The determination of the existence of such relationship is very fact specific. Plaintiff argued Wagner was Defendant's agent and had actual and express authority to accept notice of loss on Defendant's behalf. Plaintiff relied on Wagner's deposition testimony and in the language in the policy issued to Mario's. The policy itself had a section for the name of the insured and adjacent to it was a space for "agent," along with "agent's" identification number, which on Mario's policy was filled in with "George Wagner Associates, Inc." This section of the policy along with another section, which provided that in case of an occurrence "the Insured must promptly give notice to us or our agent," formed the basis of Plaintiff's argument that Wagner was an agent of Defendant.
Defendant argued that the mere label of "agent" was not conclusive of the "nature" of the relationship and that Wagner was only an agent for certain purposes. In support of its argument, Defendant relied on their agreement with Wagner, which detailed certain authorized actions and which excluded the authority to received notice of loss. Judge Boyle held that because the insured did not have access to this agreement, it was not on notice of those provisions, thus the agreement could not be binding on the insured. Furthermore, there was no dispute that Defendant had accepted notice from Wagner without any objections or comments. The Court found Defendant's actions conflicted directly with its contention that Wagner was not an agent for notice purposes. The Court also reviewed the facts under the doctrine of apparent authority and held that it also favored denial of summary judgment.
Lastly, Judge Boyle considered the reason for the delay in providing notice. Under New York law, "[a]bsent a valid excuse, a failure to satisfy the notice requirement vitiates the policy, and the insurer need not show prejudice before it can assert the defense of noncompliance." One valid excuse is found in circumstances where the insured reasonably relies on statements of the insurance broker and these statements form the basis for the delay in providing notice. Another exception to the notice requirement exists where the insured fails to give timely notice because of its "good-faith belief of nonliability." It appeared from the facts presented by the Llobells that both exceptions could apply but it would depend on the reasonableness of the insured's explanations and beliefs. The Court found that the issue of whether the delay was excusable was a question of fact for the jury and therefore denied summary judgment.
The author, James M. Wicks, is a Member of Farrell Fritz, P.C., and a member of the firm's Commercial Litigation Practice Group. The author expresses his gratitude to Andrea Rodriguez, an associate at Farrell Fritz, who assisted in the preparation of this article.


The perfect blend of comfort and simplicity, this short-sleeved shirt is perfect as corporate workplace attire or otherwise. The comfortable fabric is breathable, allows ease of movement and is versatile too. It also has a concealed top pocket and side slits which gives it a clean design and excellent detailing.


text:
Rip Current Statement
from SAT 1:00 AM EST until SUN 7:00 AM EST, Pinellas County, Coastal Manatee County, Coastal Sarasota County
High Surf Advisory
Hurricane Dorian takes aim at Florida's east coast
TAMPA, Fla. (FOX 13) - Hurricane Dorian gained strength as it brushed past Puerto Rico Wednesday, threatening to grow into a dangerously powerful hurricane ahead of a possible Labor Day landfall in Florida.
Wednesday night, Dorian had topped hurricane status with winds blowing at 85 mph and moving northwest at 13 miles per hour with nothing but warm open Atlantic waters ahead of it.
LINK: Track Dorian on MyFoxHurricane.com
Forecasters still expect the hurricane to strengthen into a major Category 3 hurricane before landfall.
The entire east coast of Florida and Georgia are in the storm's forecast cone, which also extends as far north as the South Carolina border. But most of the focus was on Florida, where local governments began making sandbags available and officials are urging residents to take precautions now.
Gov. Ron DeSantis declared a state of emergency Wednesday, tweeting that "All Floridians on the East Coast should have 7 days of supplies, prepare their homes & follow the track closely."
.hermine-header { background-color: #09C; color:#FFF; text-decoration: none; font-size: 1.1rem; padding: 3px 3px 6px 3px; } Dorian By County
"Notice the big bend in the track," Paul said. "The comparative storm would be Jeanne back in 2004 that cut across the peninsula and did cause all kinds of trouble here locally. We had very strong winds; the storm went right over Hillsborough County. Over Plant City, we had winds 70 to 90 miles per hour. Depending on how strong this storm is at landfall, we could be looking at something like that over Labor Day.
"We're not quite to that point to say it's definitely going to happen, but the odds are going up."
As the state's east coast began to hunker down, some Tampa Bay area communities began offering sandbags.
While it's still too soon to say exactly what the local effects will be, forecasters warned not to wait until the last minute to prepare.
"Impacts to Tampa Bay area depend on exact track, which we will fine tune in coming days," Paul added. "Have a hurricane plan."

redpajama_set_name: RedPajamaCommonCrawl


text:
Debunking Myths About Fillers and Botox for Young People
Successfully Launch Your Business With These Best Supplement Packaging Tips
Jayfeldman
The lines between youth and middle-age are becoming blurred and perhaps disappearing altogether. According to Byrdie, this is in part due to preventative botox becoming more common among the 18 to 30-year-old demographic. Yet, there are still many misconceptions and myths surrounding the "baby botox" phenomenon. So says Alex Medeiros, manager of Orlando, Florida-based LightTouch Medspa.
"Botox and fillers help the anti-aging process and, in a sense, can even reverse time," observes Medeiros, who has more than 15 years of experience in the fast-growing medspa sector. "They assist in reducing the effects of time and keep one from aging quickly."
LightTouch, Medeiros says, is seeing a surge of younger customers since the pandemic seeking injections. Why now? "Social media has reduced the stigma around cosmetic procedures," he says. And Gen Zers and Millennials are very interested in doing things that positively affect their self-image and mood, whether it's working out or having a little work done.
For years, the media has put stories of aesthetic procedures-gone-wrong on blast. There is even a long-running television show devoted to plastic surgery horror stories — "Botched" — and the tabloids still tell terrifying tales of people who tried to self-inject and suffered terrible consequences. The "baby botox" trend is indicative of a more positive environment, though Mederios says there are still a number of myths surrounding getting Botox and other injectables at an early age.
"A lot of people think that all fillers are the same," he observes, "but there are actually many types of fillers available today, with specific fillers designed for specific areas of the face." That's important because, as Medeiros points out, many people associate Botox with a middle-aged "frozen face" but a good clinic will take the time to understand each patient's unique skin and features, then design the correct regiment for them, whatever their age.
"We do hear a lot of concern to the effect of, 'injectables will make me look like a different person'," Medeiros recalls. "But today's fillers are much softer and more natural-looking than ever. Additionally, there are newer techniques that, when combined with better knowledge of the facial structure, ensure that every patient leaves the clinic looking natural."
Indeed, Medeiros says that the earlier a patient gets started with Botox or another injectable, the softer their look will be, and the less noticeable the aging process will appear over time. He mentions that the longer a person waits to begin injecting, the more likely that frown lines, crows' feet, and stress lines (among other things) will form — the deeper the lines, the more injections are required. "It's the larger amount of Botox needed to correct ingrained lines that can make a face appear to be expressionless, or even lifeless," he clarifies.
Another myth that Medeiros hears repeated is that fillers are irreversible. "The truth," he says, "is that all fillers can be reduced or entirely eliminated with a special product, should clients wish to reverse the procedure." This, he says, makes a medspa procedure superior to most surgical procedures, which cannot be reversed but only modified.
The liquid rhinoplasty is a good example of such a procedure. "This is a fantastic methodology of altering the nose appearance with fillers, to create the desired look of our clients," Medeiros says. "No downtime is required and results are immediate, with minimal-to-no bruising and minimal discomfort. On the other hand, a traditional rhinoplasty, which is carried out by a plastic surgeon, is far more expensive, permanent, and results in significant downtime and discomfort."
While not everyone hates their nose, everyone — even young people — will get dynamic wrinkles. These are those lines between your eyebrows, around your lips, and on your temples that are caused by laughing or making facial expressions. In youth, when the skin is most elastic, these lines tend to fade immediately. But as the skin loses its elasticity, the lines linger, and over time, dynamic wrinkles turn into permanent ones. Lines tend to be deeper and more stubborn for those who spend a lot of time in the sun and/or smoke, both of which damage the skin. "The good news," Medeiros says, "is that while all of us will develop the same lines in the same places, those who start injecting earlier will need fewer doses of Botox and achieve a more natural look."
And it gets even better, because Botox may keep young people from developing serious mental illnesses. Recently, researchers found that Botox injections could reduce depression considerably, something particularly important for Gen Zers, whom a recent survey found to be at high risk for mental health disorders. Anxiety and depression can create a vicious cycle, where "worry lines" become one more thing to worry about. Premature aging can also lower our self-esteem and destroy our self-confidence.
Whether his patients are young, middle-aged or older, Medeiros says that his job is all about debunking the myths around aesthetic procedures, helping people love what they see in the mirror, and always focusing on the positive. "The most rewarding part of our business is helping people to look and feel better about themselves," he says. "We have a lot of repeat customers and it's great seeing them taking care of themselves and aging beautifully!"
Jay Feldman is an 8 figure entrepreneur and host of Mentors Collective podcast. He is also a regular contributor at Entrepreneur.com.
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text:
Q: button 'quote' & display into tinymce textarea I just created a 'quote' button, when we press it, i want it take a text and put it in a textarea.
It works with a basic textarea but I still have a problem,
I use the editor 'Tinymce' .., & I can't put the text in this one .
$(function() {

    var $answer = $('#answer');
    var $answerTa = $answer.find('textarea');

    $('.quote').click(function(e) {
        var parent = $(this).parent();
        var postContent = parent.find('p').text();
        var quote = '[QUOTE]';
        quote += postContent+'[/QUOTE]';
        var answerTaContent = $answerTa.val();
        $answerTa.val(answerTaContent+quote);

        $('html, body').animate({
        scrollTop: 0},"slow");

    });
});

A: When TinyMCE appears on a page the original textarea is replaced by a series of divs and an iframe.  Once TinyMCE appears you cannot use jQuery to interact with the editor - you should use its own APIs.  There is an API to insert content at the location of the cursor:
https://www.tiny.cloud/docs/api/tinymce/tinymce.editor/#insertcontent
...or to replace the editor's contents entirely:
https://www.tiny.cloud/docs/api/tinymce/tinymce.editor/#setcontent

redpajama_set_name: RedPajamaStackExchange


text:
Q: How can i specify switches on command line in tcl? If i have an expect script and i want to execute certain part of code depending on the requirement.suppose if i have some procedures in my code like below
proc ABLOCK { } {

}

proc BBLOCK { } {

}

proc CBLOCK { } {

}

then while executing the script if i can use some switches like.
./script -A ABLOCK #executes only ABLOCK
./script -A ABLOCK -B BBLOCK #executes ABLOCK and BBLOCK
./script -V  # just an option for say verbose output

where ABLOCK,BBLOCK,CBLOCK could be list of args argv

A: Why not:
foreach arg $argv {
    $arg
}

and run it as ./script ABLOCK BLOCK CBLOCK
Someone could also pass exit, if you don't want that, check if it is valid:
foreach arg $argv {
    if {$arg in {ABLOCK BLOCK CBLOCK}} {
        $arg
    } else {
        # What else?
    }
}

For switches, you could to the same (if they don't require a parameter):
proc -V {} {
    set ::verbose 1
    # Enable some other output
}

If you need arguments to switches, you could do the following:
set myargs $argv
while {[llength $myargs]} {
    set myargs [lassign $myargs arg]
    if {[string index $arg 0] eq {-}} {
       # Option
       if {[string index $arg 1] eq {-}} {
           # Long options
           switch -exact -- [string range $arg 2 end]
               verbose {set ::verbose 1}
               logfile {set myargs [lassign $myargs ::logfile]}
           }
       } else {
           foreach opt [split [string range $arg 1 end] {}] {
               switch -exact $opt {
                   V {set ::verbose 1}
                   l {set myargs [lassign $myargs ::logfile]}
               }
           }
       }
    } else {
        $arg
    }
}


Thrill-seekers started the trend of flying through the air on a zip line, but in the past 16 years, the craze has swept the US. Now practically every summer camp, vacation hot spot, and theme park has a zip line. Many residential homes have "amateur" zip lines installed, as well. Unfortunately, because the high-flying trapeze-like activity has become so popular, there's been a corresponding rise in personal injuries among users.
While this might seem obvious at first – zip lining is an activity that involves strapping oneself to a length of metal cord and propelling down the line as fast as possible – but an article recently published in the American Journal of Emergency Medicine suggests that zip lines are even more dangerous than is obvious to the average consumer. There were 17,000 personal injuries in the 16 years covered in the study, with most of those occurring in the past four years (the study looked at data ranging from 1997 to 2012). Worse, the researchers did not include data on deaths due to zip line accidents, of which there have been 6 across the United States in this year alone.
The study also revealed that the majority of accidents happen at commercial zip lines. About 30% of injuries occurred due to improperly installed zip lines at residential homes and farms, which implies user error; however, that leaves a shocking 70% of the recorded personal injuries at commercial courses, camps, and non-residential places that should take their customers' safety into account.
"One of the things that really struck us about this study is how serious the injuries were. Almost 50 percent of them were fractures or broken bones, and over 10 percent actually had to be admitted to the hospital," said Tracy Mehan of Nationwide Children's Hospital in Columbus, Ohio, who led the research study.
"These are much higher and more serious injuries than we see with a lot of studies, and it shows us that this activity is much more like an adventure sport," Mehan added.
Mehan said that the last several years have seen a spike in zip lines' popularity. In 2001, there were only about 10 commercial zip lines in the US; by 2012, that number had risen to 200.
"The most common injury by far that we see are broken bones. That was almost 50 percent of our injuries. Other injuries can be bruises, sprains and strains, or concussions," she said.
Another potential cause of users' personal injury is the lack of specific, enforceable safety regulations. Although many commercial zip line companies have joined trade associations and voluntarily adopted safety standards like top speeds, length, and required helmets, those regulations vary too widely and are not enforceable by a government body. States are beginning to adopt basic safety regulations to protect residents, but there's no uniform standard among those states, either.
Researchers said that DIY zip line kits should be avoided, but added that, due to the high rate of personal injuries among commercial zip line businesses, people who want the zip line experience should take a few basic steps to protect themselves. For example, they should check with the Better Business Bureau for accurate ratings and reviews to see if there have been any complaints about the company's safety in the past. Ask the business about their safety standards and guidelines as well, and see if they are a member of any zip line trade associations or organizations. Finally, be sure to follow all the safety guidelines that instructors offer once on the course.
"I think a lot of families assume that if there is a zipline out there, that it is following industry safety standards and it's being kept up and maintained in a way that is safe, but that's not always the case," Mehan said.


More than 5 million Americans are currently suffering from Alzheimer's disease and scientists expect this number to triple by 2050. Experts say that African Americans are two to three times more likely than white Americans to develop the disease. A groundbreaking study testing whether an investigational drug can slow the development of Alzheimer's seeks volunteers – including African Americans – who have just the earliest changes in their brain associated with the disease but don't yet have any symptoms.
The A4 Study (which stands for the Anti-Amyloid in Asymptomatic Alzheimer's study), funded by the National Institute on Aging, Eli Lilly, and several philanthropic organizations, seeks to delay Alzheimer's-related memory loss before any outward signs of Alzheimer's disease develop. Healthy people with normal memories can join a clinical trial aiming to prevent memory loss associated with the disease.
This landmark study takes a new approach to Alzheimer's research by testing for an elevated level of a protein known as "amyloid" in the brain. Scientists believe that elevated amyloid in the brain may play an important role in the eventual development of the memory loss associated with Alzheimer's.
The primary goal of the A4 Study is to test whether an investigational drug that targets amyloid plaques can help to slow the progression of the memory loss. Another major emphasis of the study is to help determine why certain populations, including African Americans, are more likely to develop this disease.
The A4 Study requires 1,000 healthy participants between the ages of 65 and 85 who have normal thinking and memory function to enroll in sites across the United States. Researchers estimate that 10,000 people will need to be screened to find 1,000 individuals who qualify.
Potential study volunteers can learn more about the study including how to enroll by visiting the A4 Study website at www.A4Study.org, contacting 844-A-4-Study (844-247-8839) or by emailing BrainLink@ucsd.edu.


What are audiogames | I Am Talon!
Audiogames are computer games played only by sound.
Playable by sound means that you can close your eyes and complete or play a game based only on auditory feedback. The information that would usually be conveyed through the screen like the world, your character, different kinds of items you have to interact with will have to find their place in audio.
Even in games where graphics is the main output medium, sound plays a crutial role in describing the world. If you play a shooter, you can usually hear footsteps all around you in 3D that represent where the player is in the virtual world.
Let's run with the shooter example for a moment.
By default, if you wear headphones, 3D audio is limited. Usually this means that only the left and right position, the so called stereo panning, and the volume is modified. There are far more suffisticated methods of audio positioning, however this is the most common one.
You can create quite an immersive experience using only stereophonic sounds. It is usually possible toderemine where about something is, at least in relation of 2 coordinates. Usually, in scrollers, this is left or right, vertical distance and horizontal distance. There are several audio side scrollers that utilize this well to show you where you are in the world and where the other items are.
Even in 3D, left, right and volume can still explain a lot. Tradeoffs have to be made here, so at least one of the main factors has to go. Usually, you won't be able to tell if an item is behind you or in front of you. Similarly, you won't be able to tell if an item is above you or below.
With binaural positioning, all these problems are fixed. A virtual ear is modelled and sound is modified based on how it would arive in your ear. This includes the tiny time delays between where the waveforms bounce into your ear canal, the ear closer to the sourcereceives the sound before the other. Also, your head geometry will dampen the sound, so frequency filters will also have to be aplied.
If this interests you further, I will probably write a blog article about this soon.
Right, don't worry, I'm just building up an understanding on how sound is usually handled in games, since most would be familiar with this.
Audio games make due with just this medium of representation.
You hear the quiet wind in the background. There's an animal on your left, and a talking person on the right. In front and behind you can hear several other sources. The goal is to interact with the talking person.
Since you hear the talking person in front and to the right, you simply turn slightly to the right until you hear the talking person in the center.
As you start to make your way forward, several issues arise.
Usually, items can be made to make noise, and most items have an ambience of some kind. A computer usually has a fan noise that could signify it. An animal, like a dog, needs to breathe or walks around. This you can tell no problem with just sound.
However, walls and small barriers do not make sound, and usually don't have ambience attached to them. How can we tell those?
There are numerous ways to handle this, which I will also get into in another blog post. It could be anything from you being told using text to speech or recorded voice clips, echoing footstep sounds, or a scanner or radar that will tell you.
Right, so you're being told there's a barrier. So you side step a little bit to get around it. You can orient yourself by the noises in the background or the person talking.
As you approach the person, a dialog opens prompting you to select something to introduce yourself with. What do you do now?
Usually, people who rely on their ears to use computers have speech synthesizers installed. We need those for our screen reading programs, to hear what item we have selected on the screen. It's very easy to interface with these and simply talk to our programs directly.
Either that, or you simply provide another form of text to speech, like Windows' SAPI or equivalent, to read the messages for you. Arrow keys should move in menus, so the selected option, as well as any status information is announced. Enter selects the option, and our dialog is executed.
Other things like markers, crosshair information, or anything needs to be put into audio. Usually, we have little blips and bloops for these that people will have to get familiar with when starting to play.
Right, so non-realtime games, games that mainly use a menu structure system, or anything else is also super easy to understand. Simply have your speech or sound output pronounce the features you want your user's attention at. In a menu, this would be the currently selected option, or any critical event happening in the game like status messages, updating health or other information, etc.


Do you want to arrange a pop song from just the lyrics with your own voices? This is the workshop for you. Jo will guide you through the learning process of how to make arrangements on the spot, in order to complement the vocal forces available. Participants will experience how it's all about the process — and this promises to be loads of fun!
As a singer/arranger in several (inter)national choirs and with his vocal pop band Voice Male, Jo Annemans has built up lots of experience with innumerable conductors and artists. Today he likes to pass this on to likeminded people with a contagious enthusiasm and a good eye for the right atmosphere as well as high quality. Under his leadership singing groups improve performance and have a great singing experience. Besides that, he's a singing coach, much welcomed guest in all kinds of choral events, and appreciated panel member for competitions and contests in Belgium and abroad.


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Grim & Evil is an American animated television series created by Maxwell Atoms for Cartoon Network. It consists of two segments which were eventually spun off into their own series, The Grim Adventures of Billy & Mandy and Evil Con Carne.

The Grim Adventures of Billy & Mandy deals with the adventures of two young children respectively named Billy and Mandy who, after celebrating the birthday of Billy's pet hamster, bet that the Grim Reaper would lose to them in Limbo at his own game of limbo in an effort to save the hamster. Billy and Mandy win the bet, and Grim becomes their "best friend forever" as part of their deal.

Evil Con Carne follows the adventures of Hector Con Carne, a wealthy playboy whose body is destroyed in a tremendous explosion. His only surviving organs are his brain and stomach, which have been placed in jars and attached to a circus bear named Boskov.

The show premiered its run on August 24, 2001, on Cartoon Network, and ended its first 13-episode run on October 18, 2002. However, there was also another batch of 14 episodes made for the show, but were aired on Cartoon Network when the show was split into both shows in 2003. The second (and final) season of this era was aired in the UK on October 20, 2003.

History
The series' existence is largely the result of a viewer poll. An Internet and call-in event called the Big Pick was held from June 16, to August 25, 2000. The three final choices were The Grim Adventures of Billy & Mandy, Whatever Happened to... Robot Jones?, Longhair and Doubledome. Out of the three, Grim & Evil won the poll with 57% of the vote and became its own series. The first season appeared on Cartoon Network to kick off the "Cartoon Cartoon Fridays Big Pick Weekend" on August 24, 2001. Whatever Happened to... Robot Jones? would later be made into a full (though short-lived) series despite losing; Longhair and Doubledome would reappear with another pilot episode in another Big Pick-style show in 2002, only to fall short once again. Along with Billy & Mandy, Atoms produced another short, Evil Con Carne, that would later be combined with the former as one show, under the title Grim & Evil. The decision came as Cartoon Network wanted the show to have a "middle cartoon" to air in-between the Billy & Mandy segments (similar to the Dial M For Monkey and The Justice Friends shorts in Dexter's Laboratory, or the I Am Weasel segments on Cow and Chicken). Sometimes the format was reversed, with a single Grim segment in between two Evil shorts. Both sides of the show were influenced by cartoons Atoms watched in the 1980s; Grim took inspiration from classic comedies from Hanna-Barbera and Warner Bros, while Evil was a spoof of the era's action cartoons such as G.I. Joe and Transformers.

In 2003, before the series aired in reruns for the final time on June 8, the network separated it into The Grim Adventures of Billy & Mandy and Evil Con Carne, effectively giving both a full-length series, despite the 2003 episodes originally made for Grim & Evil. The short-lived Evil Con Carne series was cancelled once all the already-made episodes previously seen on Grim & Evil were aired. In 2004, Evil Con Carne was given another short-lived run with the newly created intro and end credits, only to be canceled again. Grim & Evil, in its original form, has not been seen on TV since 2003. Evil Con Carnes Skarr became a recurring character on Billy and Mandy beginning in the second season, including as a main character in the TV film Underfist, with other Evil Con Carne characters making occasional cameo appearances.

On October 22, 2004, Cartoon Network aired the half-hour Billy & Mandy/Evil Con Carne combo: "Five-O-Clock Shadows" and "Ultimate Evil", with it being the final half-hour Grim & Evil episode.

The series began airing again in 2005 as part of the Cartoon Cartoon Show block on Cartoon Network, as well as the extra 13 episodes out of nowhere.

The series aired again in October 29, 2010, for the first time since the Cartoon Cartoon show airing, but the title sequence did not play at all and all of the cartoons were three Billy & Mandy cartoons from the Grim & Evil era. On October 20, 2017, all 26 episodes produced were released on Cartoon Network on Demand, including 13 other episodes made up of segments that aired as separated series, but put together in their original Grim & Evil format (two Billy & Mandy segments surrounding one Evil Con Carne, only this time, there are three cases where it is entirely Billy & Mandy). They were also listed on the website of The Detour on Teletoon in Canada. On January 8, 2019, Maxwell Atoms confirmed on Tumblr that these 13 extra episodes aired in the United States, but the dates that they aired on are still currently unknown, though it can be assumed that it would be sometime in 2002 and 2003, as the credits for each episode have copyright dates of those years.

Segments

The Grim Adventures of Billy & Mandy

The Grim Adventures of Billy & Mandy is a series about two neighborhood kids, moronic yet enthusiastic Billy and emotionless Mandy who force the Grim Reaper to be their best friend forever after defeating the Messenger of Death in a game of Limbo. This is the main segment, as two The Grim Adventures of Billy & Mandy episodes are wrapped around an episode of Evil Con Carne (or, on rare episodes, vice versa). For episodes 21, 25, and 26, only the Grim half was shown.

Evil Con Carne

Evil Con Carne is a series about an aspiring dictator obsessed with taking over the world, whose disembodied brain is transplanted onto the head of a slow-witted circus bear. This is usually the backup to The Grim Adventures of Billy & Mandy as Evil Con Carne is put between two The Grim Adventures of Billy & Mandy cartoons. On occasion, the format is reversed, with a two-part Evil Con Carne cartoon sandwiching one The Grim Adventures of Billy & Mandy cartoon. The Evil half was not shown in episodes 21, 25, or 26.

Episodes

Note: The first season originally aired from 2001 to 2002. They were re-aired in 2003, when they were divided into both shows. Another batch of 14 episodes produced for the series in 2003 and 2004 only aired when they were divided into both shows. Despite which, the entirety of Grim & Evil is considered season one of both The Grim Adventures of Billy & Mandy (Grim segments) and Evil Con Carne (Evil segments).

Season 1 (2001–02)

Season 2 (2003–04)
Note: A batch of fourteen Grim & Evil episodes premiered on Cartoon Network in the United States in 2003 and 2004 when The Grim Adventures of Billy & Mandy and Evil Con Carne were split into two half hour shows, but they were not made for the two standalone shows, as they were also made for the second season Grim & Evil in the UK in October 2003. Although not released officially in 2003 as episodes of the show, Maxwell Atoms confirmed that Cartoon Network erratic broadcast schedule, with the exceptions of Jacked-Up Halloween, Five O' Clock Shadows, and Ultimate Evil. They were, however, aired on various channels outside of the United States, including Canada's Teletoon Detour and France's Boing. Episodes 21, 25, and 26 do not contain any Evil Con Carne segments. The entire second and final season was eventually released in October 2017 on Cartoon Network on Demand.

Characters

The Grim Adventures of Billy & Mandy
 The Grim Reaper (voiced by Greg Eagles): He is over 137,000 years old (as his early childhood took place during the Stone Age) and speaks with a Jamaican accent. The continuity of how Grim got his reaper status and powers jumps around quite a few times and it is unknown which way he really got his powers (for example, in The Spider Queen, he was elected to his position as the Grim Reaper while he was in middle school; however, in "A Grim Prophecy", it is shown that he was the Grim Reaper since his childhood with his parents forcing him to be the Reaper, which is revealed to be all a dream and further contradicted in a later episode where he is seen stumbling over his scythe to become Grim Reaper). His scythe is the source of his powers and possesses many magical qualities; although he is still capable of using magic without it, these instances are quite rare.
 Billy (voiced by Richard Horvitz): He is an 8-year-old happy-go-lucky child with an extremely low IQ of −5. He was outperformed by a shovel and a candy necklace on an IQ test. He has an extremely large, pink nose, wears a blue and white striped shirt, and covers his orange hair with a red hat. His main affiliations are Grim and Mandy. Mandy is Billy's best friend, though she treats him more like a servant than a friend. It has been hinted several times that Billy may have underlying feelings for Mandy that even he (in his stupidity) may not fully realize. Billy is definitely kinder to Grim than Mandy is, and while he may go against the Reaper's advice and use him as a plaything, he appears to genuinely like him. Of the two children, Billy is the one who most often tells Grim that he is his "best friend".
 Mandy (voiced by Grey DeLisle): She is a girl about Billy's age who has (mostly) a morbid, cynical and merciless attitude. However, unlike Billy, she is more stable, sane and intelligent. She hates everything, especially unicorns. She will punch or otherwise injure (physically, emotionally, mentally or any combination of the three) anyone who gets in her way. She is Billy's "best friend" regardless of the awful way she treats him. She is known for rarely smiling; the one occasion on which this happens, it causes reality to fall apart. She orders Grim and Billy to do chores for her, among a slew of other grunt work. She is naturally hostile and cynical and is shown in one episode to have physical difficulty saying the word "please". She never smiles, except in "Meet the Reaper", "Opposite Day", "Look Alive!", "A Dumb Wish", "Something Stupid This Way Comes", "Dream A Little Dream", "Crushed", and "Mandy the Merciless" where she does crack a smile.

Evil Con Carne
 Hector Con Carne (voiced by Phil LaMarr): He is a dynamic, evil playboy type, reduced to an anthropomorphic brain and a stomach after a gigantic explosion. Somehow, the stomach has taken on a life of its own. He is often frustrated by the difficulty of taking over the world in its current state.
 Major Dr. Ghastly (voiced by Grey DeLisle): A mad scientist, Ghastly is the brains behind all Hector's plans. Ghastly really does not seem to be intent on taking over the world; she does get more interested in inventing things and getting closer to Hector.
 General Skarr (voiced by Armin Shimerman): Con Carne's paramilitary leader. He is a cold-hearted, hateful and harsh man, with a scar on his face, and one eye. He tends to be more evil than Con Carne himself, many times trying to overthrow his leader. He has made several appearances on Maxwell Atoms' other show, "The Grim Adventures of Billy & Mandy", as Billy's next-door neighbor. He has also starred in the Billy & Mandy spin-off, Underfist. Skarr seems to resemble Fearless Leader, Herr Starr, and General Armin Skull. It has been stated that he quit working for Hector Con Carne after they were "bought out" by the cartoon industry because they did not want the competition in world domination.
 Boskov (voiced by Frank Welker): A former Russian circus bear, Boskov carries both of Hector's brain and stomach on his body, via metal plates on said spots. He is usually controlled by Hector and seems to care for everyone around him. He is sometimes difficult to control due to his animal instincts and lack of intelligence.
 Stomach (voiced by Armin Shimerman): This former stomach of Hector Con Carne will only talk if it is about food.

Broadcast history

Home media
Various episodes originating from Grim & Evil have been released on DVD. The Billy & Mandy short "Son of Nergal" was released as part of the 2004 DVD release of Cartoon Network Christmas Yuletide Follies, and its other short "Battle of the Bands" was released as part of the 2005 DVD release of Cartoon Network: Christmas Rocks; both of which had the intro and end credits from Grim & Evil. Most of the Billy & Mandy shorts originating from Grim & Evil were released as part of The Grim Adventures of Billy & Mandy: Season 1 DVD in 2007. Six Evil Con Carne shorts were included in the DVD as special features.

Other releases including The Grim Adventures of Billy & Mandy season one/Grim & Evil episodes:
 "Billy and Mandy's Jacked-Up Halloween" – Cartoon Network Halloween: 9 Creepy Cartoon Capers (August 10, 2004)
 "Night of the Living Grim" – Cartoon Network Halloween 2: Grossest Halloween Ever (August 9, 2005)
 "Crushed!" – Codename: Kids Next Door: Sooper Hugest Missions: File Two (August 23, 2005)

The entire series of Grim & Evil was officially available on Cartoon Network on Demand from October 2017 until 2019.

Notes

References

External links

The Grim Adventures of Billy & Mandy
2000s American animated television series
2001 American television series debuts
2004 American television series endings
American children's animated comedy television series
American children's animated horror television series
Autism in television
Cartoon Cartoons
English-language television shows
Television series by Cartoon Network Studios
Television series created by Maxwell Atoms
Television shows set in the United States

redpajama_set_name: RedPajamaWikipedia


I offer a number of my best images for purchase as prints, posters and greeting cards. Raw prints, matting, framing and much more are easily selected and delivered to your doorstep. Metallic and canvas prints are also available. Orders are fulfilled by Fine Art America, one of the nation's premier photo and art labs.
If you have seen one of my images previously and want to purchase it but don't see it in the catalog below, please contact me and I will be sure to add it for you.


Expedient is hosting an Open House event for the local Memphis chapter of the Society of Information Management (SIM). The evening will consist of great talks on innovation and recruiting talent in the greater Memphis area. The meeting will end with a meal and refreshments and tours of the Expedient data center.


text:
author: EDGAR RICE BURROUGHS
The Girl From Hollywood
New York: Macaulay, 1923. First Edition; binding "A"; printing "B" (no priority established). Some staining; very good. Presentation copy; inscribed by the author to his daughter, "To my dear little girl with love from Papa. Tarzana Ranch, Aug 23 1923.".	More
The Mad King
Chicago: A.C. McClurg, 1926. First Edition. Very good. Presentation copy; inscribed by the author to his daughter Joan with a humorous five line poem adding "Which has nothing at all to do with this book for Joan from Papa. Tarzana Ranch, Dec. 1926.".	More
Chicago: A.C. McClurg, 1926. First Edition. Very good. Presentation copy; inscribed by the author to his son-in-law, "Dear Jim, If you can't sleep, read this, yours, Edgar Rice Burroughs, Tarzana Ranch, Oct 4 1926. To James Pierce...".	More
The Mucker
Chicago: A.C. McClurg, 1921. Later edition. Front hinge broken; worn; good. Inscribed by the author and his daughter to a friend in 1922.	More
The Return of Tarzan
Chicago: A. C. McClurg, 1915. First Edition. Front endpaper replaced; back hinge cracking, else very good.	More
Chicago: A.C. McClurg, 1915. Later edition. Front hinge broken; worn; good. Inscribed by the author to his daugher.	More
New York: Grosset & Dunlap, 1915 [late 1920s]. Later edition. An ugly copy; very worn, but signed by Burroughs and by his son-in-law James Pierce.	More
The Son of Tarzan
Chicago: A.C. McClurg, 1917. First Edition; second state (printing?); with W.F. Hall on the copyright page, but with the dedication. Very good.	More
Tarzan and the Forbidden City
Tarzana: Edgar Rice Burroughs, Inc, 1938. First Edition. Some cloth wear and stains; very good in dust jacket. Presentation copy; inscribed by the author to his daughter, and presented as well by the illustrator, John Coleman Burroughs, to "My darling sister.".	More
Tarzan and the Jewels of Opar
Chicago: A. C. McClurg, 1918. First Edition. A very good copy.	More
Chicago: A. C. McClurg, 1918. First Edition. A good to very good copy.	More
Tarzan of the Apes
New York: A.L. Burt, c. 1915. Very early reprint edition; front hinge mended, else very good in dust jacket. Inscribed by the author in Honolulu in 1941.	More
Chicago: A. C. McClurg, 1914. First Edition; Currey's first state (or printing); first binding. Front hinge tape repaired; rear hinge cracked; a good copy in a chipped dust jacket with tape removed from the blind side. Burroughs' grand-daughter has inscribed the front free endpaper, identifying this as her mother's copy..... More
New York: Grosset & Dunlap, 1914 [late 1920s]. Later edition. An ugly copy; very worn, but signed by Burroughs and by his son-in-law James Pierce and with a note by the recipient on the signing, dated 1933.	More
Tarzan Triumphant
Tarzana: E.R.B. Inc., 1932. First Edition. Very good plus in dust jacket.	More
Tarzana: Edgar Rice Burroughs, Inc, 1932. First Edition. Some cloth wear and fading; very good. Presentation copy; inscribed by the author to his daughter and son-in law "...on the day of publication and the birthday of Old Septicaemia, September 1, 1932, Tarzan. California.".	More
Tarzana: Burroughs, Inc., 1932. First Edition. Very good in a slightly chipped dust jacket with a few small tears.	More
[Book #26334N]
Thuvia, Maid of Mars
Chicago: A. C. McClurg, 1920. First Edition. Bookplate; rear hinge cracked; very good.	More
[BURROUGHS, EDGAR RICE]. HEINS, HENRY HARDY
A Golden Anniversary Bibliography of Edgar Rice Burroughs
West Kingston, Rhode Island: Donald M. Grant, 1964. Revised, complete edition. Small name label on the front free endpaper; very good in dust jacket.	More


Adventure, love and heartbreak in the wilderness of Alaska. LaVerne seeks her fortune, migrating to the raw interiors near the Yukon River. Living off the grid in the 1920's was a far cry from today's homestead.
Book #1, A little-known artist, living in a loft in Soho, is obsessed with his beautiful neighbor across the street. Ben observes her as she comes and goes in her daily life. Too shy and reclusive to ask her out, he watches and then paints her, from memory, again and again.
Suddenly the police are at his door. His goddess, his dream woman is dead and the police like him for the crime.
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It takes a tightrope artist of a writer to create chapters that successfully delve into a killer's thoughts without disclosing his identity.
O'Roarke and Garcia have a cold case dumped on their desk. Despite their objections they 'don't do cold cases' their Commander tells them that they do now since the new Mayor has asked for them.
Someone is knocking off the homeless of NYC. What could a bum have that anyone would want? Detectives O'Roarke and Garcia have serial murders and no clues.
The LATEST in this exciting series. Another mass shooting at the most unlikely of places, a small neighborhood market run by an Indian family. Is it terrorism? Will there be more? Who would have a motive against this seemingly innocent family working in their store? O'Roarke, Garcia, and Phoebe Sneed's personal lives all move along at a brisk pace, in spite of the complicated and cold case they are investigating.
Detective Stella Garcia visits her grown son in the wilds of Alaska. He is interning with a field biology team. Their visit allows them to reunite after R.J.'s six month absence. Stella is delighted to spend quality time with her son. But murder has followed her north to the wilds of this vast winter wilderness . Book #10 brings a new chill to the series.
Three ordinary women, from contrasting backgrounds, have one thing in common. The men they love are in prison.
Original, contemporary monologues written for the strong, female, character actor. Also, featuring monologues from the Classics; Shakespeare, Moliere, and Chekov.
A chapter on the Do's and Don'ts…….time tested tips for the audition process.
Butterflies and Bullets is a collection of free verse poetry and musings about life, loss, love, and grief. Some fall on the ears like the touch of a butterfly. Others slam into you like a bullet. The poet's inspiration was taken from life's experiences.
A collection of free verse poetry, Haiku and musings about life, loss, love, and grief. Some fall on the ears like the touch of moth fluttering against the light. Others slice into you like a knife.
More than two dozen ten minutes plays for the classroom. (Sample following) No sets, no costumes, no props. Some are funny but many address teen issues. Open a dialogue with your students.
WELCOME! to my world of creative writing. Reaching 26+ million viewers on social media, my website and Blog are dedicated to writers, readers, creative writing, storytelling and the theatre arts. Sharing my ideas, challenges, laughs, and offering help and encouragement to other writers. To be good at writing, you must write!
A feature of my weekly blog is an interview with other authors who (once a month) will share their writing world with us. Don't miss it!
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Book #1 New, Revised with dynamic new cover, title and love story.
Book #10 in the series, Winter of MURDER Now Available in e-books and paperback. At Amazon.com and all fine book stores.
I love comments! Take the time to write one at the bottom of a post.


We caught up with Mr. Vladimir Lupenko, co-founder at Vehicle Lifecycle. the CarFix ecosystem: auto insurance providers, lenders, car manufacturers and fleet.
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This Baltimore Gospel Group is a group of talented young men striving to reach their full potential as up and coming gospel artist were blessed to receive the American Heart Association's, Washington and Maryland Regional "2012 Most Powerful Voices Award" in Columbia, Maryland.
Performing traditional and contemporary cover song renditions, this Baltimore Gospel Group also performs songs written by the leader of the group like "Prayer Changes Things, Working on a Building" as well as others, and can on occasion demonstrate acapella vocal harmonies.
Combined they deliver some memorable, powerful, uplifting and spiritual inspiration to their audiences wherever they perform. You will want to experience these gentlemen, I believe that you will agree and see why this Baltimore Gospel Group one of the best Gospel groups in the Baltimore area.


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Kim Bingel January 15, 2021 Vaccination Reservation System Overwhelmed Within First Few Hours Of Launch2021-01-15T14:01:07+01:00 Czech Republic
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Kim Bingel January 15, 2021 Large-Capacity Vaccination Centre Prepares To Go Online Thanks To Support From Brno Trade Fairs2021-01-15T10:34:28+01:00 Brno
Thanks to support from the struggling city company Brno Trade Fairs, which manages the Brno Exhibition Centre, the large-capacity vaccination centre is ready to become operational. The facility is using…
Covid News Summary: Slowdown in New Cases, New Vaccines, Crematoriums Struggling
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New vaccines being brought into play, a decrease in new COVID-19 cases, and a lack of capacity in crematoriums. After Pfizer, the Czech Republic is rolling out the Moderna vaccine,…
Three-Phase Vaccination Strategy Underway in the Czech Republic
Kim Bingel January 4, 2021 Three-Phase Vaccination Strategy Underway in the Czech Republic2021-01-04T12:33:14+01:00 Czech Republic
The vaccination strategy of the Czech Republic will be implemented in three phases between now and June 2022. The first 10,000 doses arrived in December, and further consignments will be…
South Moravian Region Plans to Vaccinate 50,000 People in January
Jack Stephens December 30, 2020 South Moravian Region Plans to Vaccinate 50,000 People in January2020-12-30T15:23:06+01:00 Brno
In the first wave of vaccinations, priority will be given to clients and staff of nursing homes, in the case of vaccines not used by health professionals. The South Moravian…
First Vaccines To Arrive in Brno Hospitals This Weekend
Kim Bingel December 22, 2020 First Vaccines To Arrive in Brno Hospitals This Weekend2020-12-22T17:10:55+01:00 Brno
Around 10,000 doses of the Covid-19 vaccine will be delivered to the Czech Republic over the holidays. The first deliveries will go to four hospitals in Prague and two in…
Field Hospital at Brno Exhibition Centre Handed over to Brno University Hospital
Kim Bingel November 2, 2020 Field Hospital at Brno Exhibition Centre Handed over to Brno University Hospital2020-11-02T12:06:34+01:00 Brno
Construction of the reserve field hospital at the Brno exhibition centre began last monday. The first phase was completed within five days. Ondřej Ludka, medical deputy of the Brno University…
Brno University of Technology Patents New Method For Custom-Made Joint Replacements
BD Staff October 6, 2020 Brno University of Technology Patents New Method For Custom-Made Joint Replacements2020-10-06T09:11:39+02:00 Brno
Researchers from Brno University of Technology (BUT) have developed a new method for joint replacements. Instead of replacing the entire joint, the new surgical method will replace only the damaged…
Czech Government Plans To Buy 3 Million Doses of Coronavirus Vaccine
BD Staff October 5, 2020 Czech Government Plans To Buy 3 Million Doses of Coronavirus Vaccine2020-10-05T17:11:39+02:00 Czech Republic
At a press conference following Monday's government meeting, Health Minister Roman Prymula announced that the Czech Republic would buy three million doses of the coronavirus vaccine developed by the company…
Doctors At University Hospital Brno Successfully Deliver Baby To Braindead Mother
BD Staff August 27, 2019 Doctors At University Hospital Brno Successfully Deliver Baby To Braindead Mother2019-08-27T14:18:30+02:00 Czech Republic
Doctors at Brno University Hospital were able to maintain vital functions for a woman in a braindead state for a record period of time, long enough to deliver her child.…


Our tips on how to best incorporate the Ayurvedic way of living into your every day life is continued in this article.
Go to bed early. Ayurveda values a good night's rest due to the positive effects that our body and mind is rewarded with as a result. Being well rested in the basis for all activities. It restores our energy levels ensuring that we are physical and mentally capable of tackling the tasks that lie ahead.
Rise early. This proves effortless when we have had a good night's rest. According to Ayurveda, it is advised to retire for bed before 10 pm. This gives us time in the morning to prepare ourselves for and concentrate on our daily routines. Another bonus is surely having time to enjoy the most important meal of the day: breakfast!
Which leads us to our next tip. Prepare a wholesome breakfast. When we omit this vital part, pitta is often imbalanced. Try incorporated cooked apples or other sweet and juicy fruits into your breakfast planning. This not only stimulates digestion but also helps transport toxins from the body. It is advised to enjoy these fruits first thing in the morning and the rest of your breakfast approximately 30 minutes later.
Spice up your life. The positive and healing benefits of spices have been know in Ayurveda for centuries. Spices such as cardamom, coriander, fennel or tumeric are exceptionally beneficial for digestion. To regulate the dosas, delve into some churnas specially formulated for this purpose.
Care for your hair. To achieve luscious hair it is essential to consume the proper foods. Snack on fresh fruits instead of popcorn, nuts instead of sweets or candy. Small changes made to your diet can make all the difference.
Detox. Take measure to detox the body on a regular basis. A ams-reducing diet does wonders in such cases.
Connect with nature. Our fast-paced way of living has lead us to disconnect with nature and its wonders. A jam-packed schedule has resulted in our being constantly on the chase to get tasks done and not concentrate on the stillness. Go outside and take a walk in the forest. We are all part of nature so take the time to enjoy its beauty and pleasures.
Pamper your body with a massage. Our skin requires some TLC every now and again so take a moment and massage it with warm Ayurvedic massage oils that intensifies the process of putting both mind and body at ease.


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Bulletin of the American Meteorological Society (1)
Terrain-Induced Rotor Experiment (T-Rex) (1)
https://journals.ametsoc.org/search?f_0=author&q_0=%C5%BDeljko+Ve%C4%8Denaj&print&print
You are looking at 1 - 3 of 3 items for
Author or Editor: Željko Večenaj x
Near-Surface Characteristics of the Turbulence Structure during a Mountain-Wave Event
Željko Večenaj, Stephan F. J. De Wekker, and Vanda Grubišić
A case study of mountain-wave-induced turbulence observed during the Terrain-Induced Rotor Experiment (T-REX) in Owens Valley, California, is presented. During this case study, large spatial and temporal variability in aerosol backscatter associated with mountain-wave activity was observed in the valley atmosphere by an aerosol lidar. The corresponding along- and cross-valley turbulence structure was investigated using data collected by three 30-m flux towers equipped with six levels of ultrasonic anemometers. Time series of turbulent kinetic energy (TKE) show higher levels of TKE on the sloping western part of the valley when compared with the valley center. The magnitude of the TKE is highly dependent on the averaging time on the western slope, however, indicating that mesoscale transport associated with mountain-wave activity is important here. Analysis of the TKE budget shows that in the central parts of the valley mechanical production of turbulence dominates and is balanced by turbulent dissipation, whereas advective effects appear to play a dominant role over the western slope. In agreement with the aerosol backscatter observations, spatial variability of a turbulent-length-scale parameter suggests the presence of larger turbulent eddies over the western slope than along the valley center. The data and findings from this case study can be used to evaluate the performance of turbulence parameterization schemes in mountainous terrain.
https://doi.org/10.1175/2010JAMC2450.1
Wind Regimes Associated with a Mountain Gap at the Northeastern Adriatic Coast
Danijel Belušić, Mario Hrastinski, Željko Večenaj, and Branko Grisogono
Winds through the Vratnik Pass, a mountain gap in the Dinaric Alps, Croatia, are polarized along the gap axis that extends in the northeast–southwest direction. Although stronger northeasterly wind at the Vratnik Pass is frequently related to the Adriatic bora wind, especially at the downstream town of Senj, there are many cases in which the wind at Senj is directionally decoupled from the wind at the Vratnik Pass. A cluster analysis reveals that this decoupling is sometimes related to lower wind speeds or a shallow southeasterly sirocco wind along the Adriatic, but in many cases the bora blows over a wider region, while only Senj has a different wind direction. Several mechanisms can be responsible for the latter phenomenon, including the formation of a lee wave rotor. A numerical model simulation corroborates the decoupling caused by a rotor for a single case. The prevalence of northeasterly winds at the Vratnik Pass during southeasterly sirocco episodes is another result that challenges the current understanding. It is shown that, at least in one of these episodes, this phenomenon is related to a secondary mesoscale low pressure center in the eastern lee of the Apennines that forms as a subsystem of a broader Genoa cyclone. Less frequent southwesterly winds through the gap are predominantly related to the thermal sea breeze and anabatic circulations that are sometimes superimposed on the geostrophic wind.
The Community Foehn Classification Experiment
Georg j. Mayr, David Plavcan, Laurence Armi, Andrew Elvidge, Branko Grisogono, Kristian Horvath, Peter Jackson, Alfred Neururer, Petra Seibert, James W. Steenburgh, Ivana Stiperski, Andrew Sturman, Željko Večenaj, Johannes Vergeiner, Simon Vosper, and Günther Zängl
Strong winds crossing elevated terrain and descending to its lee occur over mountainous areas worldwide. Winds fulfilling these two criteria are called foehn in this paper although different names exist depending on the region, the sign of the temperature change at onset, and the depth of the overflowing layer. These winds affect the local weather and climate and impact society. Classification is difficult because other wind systems might be superimposed on them or share some characteristics. Additionally, no unanimously agreed-upon name, definition, nor indications for such winds exist. The most trusted classifications have been performed by human experts. A classification experiment for different foehn locations in the Alps and different classifier groups addressed hitherto unanswered questions about the uncertainty of these classifications, their reproducibility, and dependence on the level of expertise. One group consisted of mountain meteorology experts, the other two of master's degree students who had taken mountain meteorology courses, and a further two of objective algorithms. Sixty periods of 48 h were classified for foehn–no foehn conditions at five Alpine foehn locations. The intra-human-classifier detection varies by about 10 percentage points (interquartile range). Experts and students are nearly indistinguishable. The algorithms are in the range of human classifications. One difficult case appeared twice in order to examine the reproducibility of classified foehn duration, which turned out to be 50% or less. The classification dataset can now serve as a test bed for automatic classification algorithms, which—if successful—eliminate the drawbacks of manual classifications: lack of scalability and reproducibility.
https://doi.org/10.1175/BAMS-D-17-0200.1


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Nick, Hannah, Dane, Paige, and Max!: Day at the Aquarium!
The aqarium in Waikiki is small but really cool-they have inside and outside stuff and my kids thought it was awesome, and they didn't get worn out from all the walking! Yea!
I don't love taking pictures when I'm pregnant, but I thought I could get away with looking small if I took one next to a giant tree-- Dane next to the water snake--he thinks stuff like this is really great!
Paige liked the "bubble fish" she kept saying. I'm not sure why she called it that, maybe because you looked through a big circle bubble thing!
Mr. Cool with his cute kids!
Red faced Paige taking a rest!
Family outings are always a little hard, but always worth it!
Thank you for posting Han! I have a huge smile on my face right now! All I know is when people said you wouldnt love your nieces and nephews the same once you have your own baby... they are all liars! My heart still "yearns" for Paige and Dane just as much as it yearned before Ruby came! (My heart doesnt know Max just yet, but it will yearn for him soon enough!) I love you guys so so much! I cant wait to squeeze the heck out of you in... 32 more days!


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Rajiv Hari Om Bhatia (born 9 September 1967), known professionally as Akshay Kumar, is an Indian-born Canadian actor, producer, martial artist and television personality who works in Bollywood films. In a career spanning over 29 years, Kumar has appeared in over 100 films and has won several awards, including the National Film Award for Best Actor for his performance in Rustom (2016), and two Filmfare Awards for Ajnabee (2001) and Garam Masala (2005). Kumar is one of the most successful Bollywood actors of all time, having starred in 113 films, 52 of which were commercially successful.. He was the first Bollywood actor whose films' domestic net lifetime collections crossed ₹20 billion (US$280 million) by 2013, and ₹30 billion (US$420 million) by 2016. Having done so, he has established himself as one of the prominent actors of Hindi cinema. When he began his acting career in the 1990s, he primarily starred in action films. Later, Kumar also gained fame for his drama, romantic and comic roles.
Complete biography of Akshay Kumar »
Movie scripts starring Akshay Kumar:
Padman (2018) Rate it:
Toilet - Ek Prem Katha (2017) Rate it:
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Jolly LLB 2 (2017) Rate it:
Airlift (2016) Rate it:
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Housefull 3 (2016) Rate it:
Gabbar Is Back (2015) Rate it:
Baby (2015) Rate it:
Singh Is Bliing (2015) Rate it:
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Once Upon a Time in Mumbai Dobaara! (2013) Rate it:
Special 26 (2013) Rate it:
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OMG: Oh My God! (2012) Rate it:
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"Akshay Kumar" Scripts.com. STANDS4 LLC, 2021. Web. 15 Jan. 2021. <https://www.scripts.com/actor/akshay_kumar>.


It's been a crazy summer for me. I've had a challenging time trying to keep up with business and have had to turn away business as I've been down with pneumonia for a couple months. Who gets pneumonia in the summertime? Only very special people, haha!
Having said that, I've had some interesting sales the past couple of weeks. From a brand new 2017 Subaru Forester factory order to a $6500 perfect used city vehicle for a sweet lady referred to me, it's been fun. Oh and helping a few other customers drive away in vehicles they've only dreamed of. I love what I do!!!
A common question I get asked is "How does your service work?" That's a tough one to answer because every situation is unique. My basic answer is "I can do anything a dealership can do without carrying the inventory." If it's a new vehicle you're after, please contact me before making your final decision. I will obtain better pricing and conditions for you from my trusted dealer partners, acting as your agent and arrange the financing with them for you as well. Same with used vehicles. I source used vehicles from trusted dealers - and only trusted dealers. If you find a vehicle you're interested in on-line, contact me BEFORE you call the dealer. I will find out about the vehicle for you and make recommendations based on what I've found. If you're looking on-line and then asking me to also look, let's not overlap. I'll be happy to help but please be considerate of my time.
As always, I value your feedback. If there is ever anything I can do to assist you or a friend, please let me know! Thank you for your support!