James B. HUNT, Jr. Appellee, a statutory agency for the promotion and protection of the Washington State apple industry and composed of 13 state growers and dealers chosen from electoral districts by their fellow growers and dealers, all of whom by mandatory assessments finance appellees operations, brought this suit challenging the constitutionality of a North Carolina statute requiring that all apples sold or shipped into North Carolina in closed containers be identified by no grade on the container other than the applicable federal grade or a designation that the apples are not graded.
Appellee has standing to bring this action in a representational capacity. Warth v. Seldin, U. While the apple growers are not "members" of appellee in the traditional trade association sense, they possess all the indicia of organization membership viz.
Paul Mercury Indemnity Co. Red Cab Co. The North Carolina statute violates the Commerce Clause by burdening and discriminating against the interstate sale of Washington apples.
By requiring Washington apples to be sold under the inferior grades of their federal counterparts, the North Carolina statute offers the North Carolina apple industry the very sort of protection against out-of-state competition that the Commerce Clause was designed to prohibit. Moreover, Washington grades could not have led to the type of deception at which the statute was assertedly aimed, since those grades equal or surpass the comparable federal standards.
InNorth Carolina enacted a statute which required, inter alia, all closed containers of apples sold, offered for sale, or shipped into the State to bear "no grade other than the applicable U.
In an action brought by the Washington State Apple Advertising Commission, a three-judge Federal District Court invalidated the statute insofar as it prohibited the display of Washington State apple grades on the ground that it unconstitutionally discriminated against interstate commerce.
The specific questions presented on appeal are a whether the Commission had standing to bring this action; b if so, whether it satisfied the jurisdictional-amount requirement of 28 U. As might be expected, the production and sale of apples on this scale is a multimillion dollar enterprise which plays a significant role in Washington's economy. Because of the importance of the apple industry to the State, its legislature has undertaken to protect and enhance the reputation of Washington apples by establishing a stringent, mandatory inspection program, administered by the State's Department of Agriculture, which requires all apples shipped in interstate commerce to be tested under strict quality standards and graded accordingly.
In all cases, the Washington State grades, which have gained substantial acceptance in the trade, are blaser equivalent of, or superior to, the comparable grades and standards adopted by the United States Department of Agriculture USDA.
In addition to the inspection program, the state legislature has sought to enhance the market for Washington apples through the creation of a state agency, the Washington State Apple Advertising Commission, charged with the statutory duty of promoting and protecting the State's apple industry. The Commission itself is composed of 13 Washington apple growers and dealers who are nominated and elected within electoral districts by their fellow growers and dealers.
Among its activities are the promotion of Washington apples in both domestic and foreign markets through advertising, market research and analysis, and public education, as well as scientific research into the uses, development, and improvement of apples. The assessments, while initially fixed by statute, can be increased only upon the majority vote of the apple growers themselves. Inthe North Carolina Board of Agriculture adopted an administrative regulation, unique in the 50 States, which in effect required all closed containers of apples shipped into or sold in the State to display either the applicable USDA grade or none at all.
State grades were expressly prohibited. Washington apple growers annually ship in commerce approximately 40 million closed containers of apples, nearlyof which eventually find their way into North Carolina, stamped with the applicable Washington State variety and grade. It is the industry's practice to purchase these containers preprinted with the various apple varieties and grades, prior to harvest. After these containers are filled with apples of samsung dishwasher troubleshooting appropriate type and grade, a substantial portion of them are placed in cold-storage warehouses where the grade labels identify the product and facilitate its handling.
These apples are then shipped as needed throughout the year; after February 1 of each year, they constitute approximately two-thirds of all apples sold in fresh markets in this country. Since the ultimate destination of these apples is unknown at the time they are placed in storage, compliance with North Carolina's unique regulation would have required Washington growers to obliterate the printed labels on containers shipped to North Carolina, thus giving their product a damaged appearance.
Alternatively, they could have changed their marketing practices to accommodate the needs of the North Carolina market, i.
As a last resort, they could discontinue the use of the preprinted containers entirely. None of these costly and less efficient options was very attractive to the industry. Moreover, in the event a number of other States followed North Carolina's lead, the resultant inability to display the Washington grades could force the Washington growers to abandon the State's expensive inspection and grading system which their customers had come to know and rely on over the odd years of its existence.
With these problems confronting the industry, the Washington State Apple Advertising Commission petitioned the North Carolina Board of Agriculture to amend its regulation to permit the display of state grades. An administrative hearing was held on the question but no relief was granted. Indeed, North Carolina hardened its position shortly thereafter by enacting the regulation into law:. Nonetheless, the Commission once again requested an exemption which would have permitted the Washington apple growers to display both the United States and the Washington State grades on their shipments to North Carolina.
This request, too, was denied. Unsuccessful in its attempts to secure administrative relief, the Commission 3 instituted this action challenging the constitutionality of the statute in the United States District Court for the Eastern District of North Carolina.The issue in this case is the enforceability of contracts between the Government and participants in a regulated industry, to accord them particular regulatory treatment in exchange for their assumption of liabilities that threatened to produce claims against the Government as insurer.
Although Congress subsequently changed the relevant law, and thereby barred the Government from specifically honoring its agreements, we hold that the terms assigning the risk of regulatory change to the Government are enforceable, and that the Government is therefore liable in damages for breach.
We said in Fahey v. MalloneeU. Because the contracts at issue in today's. House Report, at In the course of the debacle, Congress passed three statutes meant to stabilize the thrift industry. Next, the Home Owners' Loan Act of authorized the Bank Board to charter and regulate federal savings and loan associations.
The resulting regulatory regime worked reasonably well until the combination of high interest rates and inflation in the late 's and early 's brought about a second crisis in the thrift industry. Many thrifts found themselves holding long term, fixed rate mortgages created when interest rates were low; when market rates rose, those institutions had to raise the rates they paid to depositors in order to attract funds.
See House Report, at When the costs of short term deposits overtook the revenues from long term mortgages, some thrifts failed between and The first federal response to the rising tide of thrift failures was "extensive deregulation," including "a rapid expansion in the scope of permissible thrift investment powers and a similar expansion in a thrift's ability to compete for funds with other financial services providers.
S71, SS74 describing legislation permitting nonresidential real estate lending by thrifts and deregulating interest rates paid to thrift depositors.
The result was a drop in capital reserves required by the Bank Board from five to four percent of assets in Novembersee 45 Fed. The reductions in required capital reserves, moreover, allowed thrifts to grow explosively without increasing their capital base, at the same time deregulation let them expand into new and often riskier fields of investment.
S, S ; Breeden, supraat SS While the regulators tried to mitigate the squeeze on the thrift industry generally through deregulation, the multitude of already failed savings and loans confronted FSLIC with deposit insurance liabilities that threatened to exhaust its insurance fund.
Director, Office of Thrift SupervisionF. In the end, we now know, the cost was much more even than that. See, e.
Realizing that FSLIC lacked the funds to liquidate all of the failing thrifts, the Bank Board chose to avoid the insurance liability by encouraging healthy thrifts and outside investors to take over ailing institutions in a series of "supervisory mergers.
See M. Instead, the principal inducement for these supervisory mergers was an understanding that the acquisitions would be subject to a particular accounting treatment that would help the acquiring institutions meet their reserve capital requirements imposed by federal regulations. Danny Wall, Director, Office of Thrift Supervision noting that acquirers of failing thrifts were allowed to use certain accounting methods "in lieu of [direct] federal financial assistance".
Under Generally Accepted Accounting Principles GAAP there are circumstances in which a business combination may be dealt with by the "purchase method" of accounting. See generally R. Searfoss, Handbook of Accounting and Auditing to 2d ed. The critical aspect of that method for our purposes is that it permits the acquiring entity to designate the excess of the purchase price over the fair value of all identifiable assets acquired as an intangible asset called "goodwill.
See Lowy Phillips, J. Butler, G. Whitman, Basic Accounting for Lawyers 4th ed.Having convened an international conference on ageing on 15 and 16 October on the occasion of the tenth anniversary of the adoption of the International Plan of Action on Ageing.
Conscious that the ageing of the world's population represents an unparalleled, but urgent, policy and programme challenge to Governments, non-governmental organizations and private groups to ensure that the needs of the aged and their human resource potential are adequately addressed.
Conscious also that population ageing in developing regions is proceeding much more rapidly than it occurred in the developed world. Aware that a revolutionary change in the demographic structure of societies requires a fundamental change in the way in which societies organize their affairs. Optimistic that the coming decade will see an increase in partnerships, practical initiatives and resources devoted to ageing. Welcoming the increasing contributions of older persons to economic, social and cultural development.
Recognizing that ageing is a life-long process and that preparation for old age must begin in childhood and continue throughout the life cycle.
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Recognizing also that older persons are entitled to aspire to and attain the highest possible level of health. Recognizing further that with increasing age some individuals will need comprehensive community and family care.
Noting the many United Nations activities that address ageing in the context of development, human rights, population, employment, education, health, housing, family, disability and the advancement of women. Also urges the support of national initiatives on ageing in the context of national cultures and conditions, so that:. Decides to observe the year as the International Year of Older Persons, supported by the regular programme budget for the biennium and by voluntary contributions, in recognition of humanity's demographic coming of age and the promise it holds for maturing attitudes and capabilities in social, economic, cultural and spiritual undertakings, not least for global peace and development in the next century.Background: Bleeding is a complication of treatment with factor Xa inhibitors, but there are no specific agents for the reversal of the effects of these drugs.
Andexanet is designed to reverse the anticoagulant effects of factor Xa inhibitors. Methods: Healthy older volunteers were given 5 mg of apixaban twice daily or 20 mg of rivaroxaban daily. For each factor Xa inhibitor, a two-part randomized placebo-controlled study was conducted to evaluate andexanet administered as a bolus or as a bolus plus a 2-hour infusion. The primary outcome was the mean percent change in anti-factor Xa activity, which is a measure of factor Xa inhibition by the anticoagulant.
These effects were sustained when andexanet was administered as a bolus plus an infusion. In a subgroup of participants, transient increases in levels of d-dimer and prothrombin fragments 1 and 2 were observed, which resolved within 24 to 72 hours. No serious adverse or thrombotic events were reported. Conclusions: Andexanet reversed the anticoagulant activity of apixaban and rivaroxaban in older healthy participants within minutes after administration and for the duration of infusion, without evidence of clinical toxic effects.
Abstract Background: Bleeding is a complication of treatment with factor Xa inhibitors, but there are no specific agents for the reversal of the effects of these drugs. Associated data ClinicalTrials.Gale E.
Attorney, Amarillo, TX, for plaintiff. Thomas B. This case stems from the filing of five UCC-1 financing statements against three U. Department of Agriculture employees named as "debtors.
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None of the federal employees named in the statements were, or ever had been, indebted to either Greenstreet or Garth. The Complaint seeks declaratory and injunctive relief. The Plaintiff desires that the financing statements at issue be declared void ab initio by the Court. The United States also seeks injunctive relief authorizing and directing the Defendant County Clerks to remove and expunge from the county records the fraudulent financing statements submitted for filing by Garth and Greenstreet.
Further, the Complaint requests relief permanently enjoining Defendant Greenstreet from presenting similar financing statements for filing in the future. It appears that as a form of retribution, retaliation, or harassment, Defendant Greenstreet and Mr. Greenstreet defaulted on a promissory note; therefore, his land was foreclosed upon and subsequently sold. Garth was convicted of conversion of property pledged to the FmHA. He was sentenced by this Court in to serve two years in a federal correctional institution.
Defendant Greenstreet has filed several documents with the Court since this matter was initiated against him. The filings have routinely been voluminous and difficult to comprehend. Apparently, Mr. He has challenged the Court's jurisdiction and venue, and moved the Court to dismiss the case against him. Greenstreet's requests were denied. Greenstreet objects to the Government's position on the following grounds.
First, Greenstreet reasserts that this Court lacks jurisdiction over his case and that venue is improper. Further, he maintains that since no one filed a claim of any right, title, or interest in the property he formerly owned in accordance with an Order from "Our One Supreme Court" for the Republic of Texas, he should thus prevail by default. Additionally, Greenstreet argues that since all relevant issues have already been adjudicated by a court of "superior and competent jurisdiction" common law court for the Republic of Texasany action now brought by the Plaintiff should be barred by the doctrine of res judicata.
Finally, Greenstreet contends that Plaintiff's motion should be dismissed as contemptuous, as it is in violation of prior court orders issued by Our One Supreme Court for the Republic of Texas. To support his position, Defendant Greenstreet filed findings of fact signed by 12 "jurors" which resulted from his action to quiet title before a court of common law venue. Carner, F. In reviewing a motion for summary judgment, the Court must ask whether.
Because the purported financing statements fail to comply with the requisites of law, they are void and of no legal consequence. As a preliminary matter, the federal employees burdened by the financing statements at issue do not fall within Texas' Uniform Commercial Code's definition of a "debtor. Garth for any obligation secured. Furthermore, the federal employees named in the financing statements never signed the documents filed against them.
Generally, a debtor's signature is necessary for a financing statement to be valid. The law is well settled that a financing statement is sufficient if it: 1 provides the names of the debtor and the secured party, 2 provides the address for the debtor and secured party, 3 contains a statement describing or indicating the type of collateral, and 4 is signed by the debtor. The Fifth Circuit has recognized the importance of the signature requirement. See Sommers v.
Int'l Business Machines, F. The situation presently before the Court is precisely the type of problem sought to be avoided by the Code draftsmen in requiring the signature of the debtor on the financing statement. The presence of a debtor's signature provides an indispensable concession to authenticity and a deterrent to inaccurate or malicious filings.Cohn, New York City, for plaintiffs.
Theodore A. Kresbach and Harry D. Frisch, Shearson Lehman Brothers, Inc. Defendants move, pursuant to 9 U. This is an action brought by plaintiffs, Eugene and Julia A. McMahon, individually and as trustees of the David J.
Employee Pension Plan; the David J. On June 15,in connection with the opening of her joint account at Shearson, Julia McMahon entered into a customer's agreement which contained the following arbitration provision:. Defendants move for an order compelling plaintiffs to arbitrate their state law claims, as well as their claims under Section 10 b of the Act and RICO. Alternatively, defendants move to dismiss the amended complaint on the following grounds: 1 failure to comply with the pleading requirements of Rule 9 bFed.
The customer's agreement, entered into between Shearson and McMahon, contains McMahon's agreement to arbitrate "any controversy arising out of or relating to" her securities at Shearson or to any "transactions" with Shearson for her.
Defendants have therefore petitioned this court for an order compelling arbitration of this action. To prevail on a motion to compel arbitration, a party needs only to establish 1 the existence of an agreement to arbitrate, 2 arbitrable claims, and 3 no waiver of the right to arbitrate.
We find that plaintiffs' arguments are wholly unconvincing. First, it is well settled that one who signs a contract, in the absence of fraud or misconduct by another contracting party, is conclusively presumed to know its contents and to assent to them. Arbitration clauses are routinely upheld by the courts, and, given plaintiffs' sizeable investment, there is nothing to indicate that they were without bargaining power.
Moreover, in Prima Paint Corp. Second, plaintiffs argue that their allegations of common law fraud are not arbitrable because the arbitration provision does not contemplate an action in tort. This argument is without merit.
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The substance of plaintiffs' amended complaint, that defendants excessively "churned" their securities accounts and fraudulently represented the status of the accounts, is clearly within the scope of the arbitration clause as it arose from and relates to plaintiffs' accounts at Shearson. Moreover, in Dean Witter Reynolds Inc. Finally, plaintiffs contend that defendants waived their right to arbitrate this action when they commenced a state court action against plaintiffs.Asteatotic eczema AE is characterized by itchy, dry, rough, and scaling skin.
The treatments for AE are mainly emollients, usually containing urea, lactic acid, or a lactate salt. N-palmitoylethanolamine PEA and N-acetylethanolamine AEA are both endogenous lipids used as novel therapeutic tools in the treatment of many skin diseases. A monocentric, randomized, double-blind, comparative trial was conducted in 60 AE patients to evaluate and compare the efficacy of the two emollients.
The level of skin dryness among the subjects ranged from mild to moderate. Asteatotic eczema AE is characterized by itchy, dry, rough, and scaling skin, and is often aggravated during the dry winter season as a result of the interaction between environmental agents such as soap and other detergents, 1 especially for the elderly. Some researchers suggest that the itchy sensation can be persistent in its effects. The sensation is transmitted through the C-fibers in the skin to the dorsal horn of the spinal cord, and finally to the cerebral cortex for processing via the spinothalamic tract.
Endogenous phospholipids are universal among mammalian organisms.
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Among them, phospholipids like N-palmitoylethanolamine PEA and N-acetylethanolamine AEAwhich both belong to the functional endocannabinoid system, are present in high amounts in the stratum granulosum of the skin. This monocentric, prospective, double-blind, randomized study enrolled 66 participants with mild to moderate AE on the lower leg, which is the predilection site for AE.2-Minute Vs. 2-Hour Vs. 2-Day Cookie • Tasty
Additionally, AE was determined for each subject by clinical scoring, with scores ranging from mild to moderate erythema, scaling, or dryness.
Individuals with active psoriasis or a history of psoriasis, active allergic skin responses, or severe eczema were excluded. Subjects treated for any type of cancer within the last 6 months and those who had used anti-inflammatory, immunosuppressive, or antihistamine medications were also excluded.
In total, six subjects withdrew or dropped out of the study. The 60 subjects who completed the trial were evaluated for efficacy parameters. They were all female, with a mean age of Each subject signed their informed consent before entering the study, which was conducted strictly in accordance with the instructions laid down by the ethics committee of the Shanghai Skin Disease Hospital No.
Each subject was exposed to the product twice a day for 28 days. During the study, we asked the subjects to visit the laboratory where the product would then be applied for the first time in the morning.
For the second application in the evening, they were instructed to self-apply the emollient at home.