REAL PROPERTY-VALIDITY OF REGULATIONS OR CONDITIONS IMPOSED UPON SUBDIVISION PLANNING

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff\u27s plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of Connecticut, held, reversed. A preliminary town plan, adopted without notice to affected property owners and without opportunity for them to be heard, cannot curtail the rights of such owners or limit them in the use of their land. Lordship Park Assn. v. Board of Zoning Appeals of Town of Stratford, (Conn. 1950) 75 A. (2d) 379

CONSTITUTIONAL LAW-FREEDOM OF SPEECH

Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he \u27called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.\u27 He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry mutterings were heard as the crowd became divided in its sentiments toward the speaker. Pedestrians were unable to pass without going out into the street. Finally, after the police gave defendant several ineffective warnings to stop talking, he was arrested and convicted of disorderly conduct in violation of a state statute, over his objection that his freedom of speech had been unconstitutionally denied. On appeal to the New York Court of Appeals, held, affirmed. The constitutional guarantee of freedom of speech does not make this right absolute. Conviction for disorderly conduct does not infringe upon this right where the speaker on a public street encourages his audience to become divided into hostile camps, interferes with traffic, and deliberately agitates and goads the crowd and police officers into action. People v. Feiner, 300 N.Y. 391, 91 N.E. (2d) 316 (1950)

CONSTITUTIONAL LAW-FREEDOM OF SPEECH

Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he \u27called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.\u27 He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry mutterings were heard as the crowd became divided in its sentiments toward the speaker. Pedestrians were unable to pass without going out into the street. Finally, after the police gave defendant several ineffective warnings to stop talking, he was arrested and convicted of disorderly conduct in violation of a state statute, over his objection that his freedom of speech had been unconstitutionally denied. On appeal to the New York Court of Appeals, held, affirmed. The constitutional guarantee of freedom of speech does not make this right absolute. Conviction for disorderly conduct does not infringe upon this right where the speaker on a public street encourages his audience to become divided into hostile camps, interferes with traffic, and deliberately agitates and goads the crowd and police officers into action. People v. Feiner, 300 N.Y. 391, 91 N.E. (2d) 316 (1950)

A solitary red nodule on the wrist: bacillary angiomatosis in a patient with lymphoplasmacytic lymphoma

A 54-year-old male with well-controlled human immunodeficiency virus (HIV) presented with fevers and a red nodule on the wrist. Two weeks previous, he was scratched by his cat. His medical history included lymphoplasmacytic lymphoma (LPL) with Waldenstrom macroglobulinemia. A solitary 1.7cm red nodule was present on the right wrist (Figure 1). He was febrile to 103F. A complete blood count showed baseline anemia and thrombocytopenia. The complete metabolic panel was unremarkable. His CD4+ T-cell count was 466 cells/mm3 (reference 410-961 cells/mm3), and his HIV viral load was undetectable. Historically, the patient's CD4 nadir was 274 cells/mm3. The patient underwent shave removal of the visible nodule. Histopathologic examination of the nodule demonstrated diffuse dermal vascular proliferation (Figure 2). Gram, Gomori methenamine silver, acid-fast bacillus, and human herpesvirus-8 stains were negative. There was focal uptake within the dermis with Warthin-Starry stain (Figure 3). Tissue and blood cultures were negative. Polymerase chain reaction (PCR) from the tissue sample was positive for Bartonella henselae DNA, consistent with a diagnosis of bacillary angiomatosis (BA). The patient was started on a 3-month course of doxycycline. At his follow-up appointment one month later, he continued to be afebrile. The biopsy site healed with a circular scar without recurrence.Lisa Ishii (MD, Department of Dermatology, Vanderbilt University Medical Center, Nashville, TN, USA), Alan S. Boyd (MD, Department of Pathology, Vanderbilt University Medical Center, Nashville, TN, USA)Includes bibliographical reference

CONSTITUTIONAL LAW-FOURTEENTH AMENDMENT-DISCRIMINATION IN SELECTION OF GRAND JURORS

Defendant\u27s conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant\u27s claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on a grand jury to the approximate proportion of Negroes in the county eligible for grand jury service would constitute unconstitutional discrimination in violation of the rights of a member of that race against whom an indictment was returned by the grand jury so selected, since the accused is entitled to have charges against him considered by a grand jury in the selection of which there is neither inclusion nor exclusion because of race. Intentional exclusion proved by the statements of the commissioners that they chose for service only those whom they knew and that they knew no eligible Negroes was the actual discrimination on which the unconstitutionality was based. Cassell v. Texas, 339 U.S. 282, 70 S.Ct. 629 (1950)

REAL PROPERTY-VALIDITY OF REGULATIONS OR CONDITIONS IMPOSED UPON SUBDIVISION PLANNING

The plaintiff, wishing to subdivide its land fronting on Long Island Sound, submitted its plan to the town planning and zoning board whose approval was required by ordinance before land could be subdivided and sold. The board rejected plaintiff\u27s plan as not in conformance with a preliminary town plan, adopted in 1936 pursuant to a state statute, providing for the prospective construction of a road along the shore of the sound. The plaintiff appealed to the board of zoning appeals, which affirmed the decision of the town planning and zoning board. On appeal to the Supreme Court of Errors of Connecticut, held, reversed. A preliminary town plan, adopted without notice to affected property owners and without opportunity for them to be heard, cannot curtail the rights of such owners or limit them in the use of their land. Lordship Park Assn. v. Board of Zoning Appeals of Town of Stratford, (Conn. 1950) 75 A. (2d) 379

TAXATION-FEDERAL INCOME TAX-SALE OF UNMATURED CROP AS CAPITAL GAIN OR ORDINARY INCOME

Petitioner sold a farm owned over six months upon which was a growing but unmatured wheat crop. When taxed upon the amount of sale price apportionable to the crop as ordinary income, he contended that under state law the land was a capital asset and that the growing crop was an inseparable part thereof. He concluded, therefore, that the entire amount should have been taxed as a capital gain. The purchaser testified that he had considered the crop to be worth about $8,500 and that he had deducted this amount in his own tax return as cost of the crop. The commissioner held that a growing crop is not necessarily a capital asset and that the part of the payment apportionable to the crop was ordinary income. On appeal to the Tax Court of the United States, held, affirmed. The amount of gain from the sale of the growing crop was properly treated as ordinary income, not capital gain, since the crop was property held primarily for sale to customers. McCoy v. Commissioner, 15 T.C. 828 (1950)

AGENCY-ELECTION TO SUE UNDISCLOSED PRINCIPAL OR AGENT

Plaintiff brought action against a principal and his agent to foreclose a mechanic\u27s lien on the principal\u27s real property, alleging that he had expended labor and materials in the improvement of the principal\u27s land pursuant to a contract between himself and the agent. Though plaintiff joined the agent as a party defendant, he did not pray for relief against him. Both defendants moved to dismiss the action. Held, action dismissed as to the agent. Whether or not the principal was disclosed at the time the contract arose, the action was properly dismissed as against the agent. If the principal was disclosed, the agent was not liable on the contract; and if the principal was undisclosed, the creditor had to elect whether to proceed against the agent or the principal. Failure to seek relief against the agent constituted an election to sue the principal. Campbell v. Murdock, (D.C. Ohio 1950) 90 F. Supp. 297

Intravesical rAd-IFNα/Syn3 for Patients With High-Grade, Bacillus Calmette-Guerin-Refractory or Relapsed Non-Muscle-Invasive Bladder Cancer: A Phase II Randomized Study.

Purpose Many patients with high-risk non-muscle-invasive bladder cancer (NMIBC) are either refractory to bacillus Calmette-Guerin (BCG) treatment or may experience disease relapse. We assessed the efficacy and safety of recombinant adenovirus interferon alfa with Syn3 (rAd-IFNα/Syn3), a replication-deficient recombinant adenovirus gene transfer vector, for patients with high-grade (HG) BCG-refractory or relapsed NMIBC. Methods In this open-label, multicenter (n = 13), parallel-arm, phase II study ( ClinicalTrials.gov identifier: NCT01687244), 43 patients with HG BCG-refractory or relapsed NMIBC received intravesical rAd-IFNα/Syn3 (randomly assigned 1:1 to 1 × 10(11) viral particles (vp)/mL or 3 × 10(11) vp/mL). Patients who responded at months 3, 6, and 9 were retreated at months 4, 7, and 10. The primary end point was 12-month HG recurrence-free survival (RFS). All patients who received at least one dose were included in efficacy and safety analyses. Results Forty patients received rAd-IFNα/Syn3 (1 × 10(11) vp/mL, n = 21; 3 × 10(11) vp/mL, n = 19) between November 5, 2012, and April 8, 2015. Fourteen patients (35.0%; 90% CI, 22.6% to 49.2%) remained free of HG recurrence 12 months after initial treatment. Comparable 12-month HG RFS was noted for both doses. Of these 14 patients, two experienced recurrence at 21 and 28 months, respectively, after treatment initiation, and one died as a result of an upper tract tumor at 17 months without a recurrence. rAd-IFNα/Syn3 was well tolerated; no grade four or five adverse events (AEs) occurred, and no patient discontinued treatment because of an adverse event. The most frequently reported drug-related AEs were micturition urgency (n = 16; 40%), dysuria (n = 16; 40%), fatigue (n = 13; 32.5%), pollakiuria (n = 11; 28%), and hematuria and nocturia (n = 10 each; 25%). Conclusion rAd-IFNα/Syn3 was well tolerated. It demonstrated promising efficacy for patients with HG NMIBC after BCG therapy who were unable or unwilling to undergo radical cystectomy