Wolf spiders of the Pacific region: the genus \u3ci\u3eZoica\u3c/i\u3e (Araneae, Lycosidae)

The wolf spider genus Zoica Simon 1898 is currently known only from the Indo-Australasian region, including India in the west to northern Western Australia and Papua New Guinea in the east. Here we extend the known distribution of the genus into the Pacific region by describing two new species, Z. carolinensis new species from the Caroline Islands, Federated States of Micronesia, and Z. pacifica new species from the Republic of the Marshall Islands

Corporations - Stockholders - Cancellation of Stock Issues Without Consideration

At the beginning of 1936, plaintiff, a Wisconsin corporation, had an earned surplus deficit of $106,134.89, and a surplus of$685,642.89 created by a reduction of capital stock. Net earnings for 1936 were $121,515.96, none of which were distributed as dividends. An undistributed profits surtax was assessed on the entire current net earnings. Plaintiff sued for a partial refund under an amendment providing retroactive relief for corporations which were prohibited by law from paying dividends during the existence of a deficit in accumulated earnings at the time when the tax was paid. The district court denied relief. On appeal, held, reversed. In Wisconsin, net profits exist only after the earned surplus deficit is eliminated, and the analysis of the lower court would not create the net profits necessary for a valid dividend under Wisconsin law. Hamilton Mfg. Co. v. United States, (7th Cir. 1954) 214 F. (2d) 644

Workmen\u27s Compensation - Injuries Arising Out of And in the Course of Employment - Employer Furnishing Transportation and Employee Carrying Work to Do at Home as Exceptions to Coming and Going Rule

Decedent, a member of the Public Service Commission, was fatally injured in an accident while traveling between his place of employment and his home. He was driving an automobile furnished by the state, which bore the expenses of maintenance and operation. Decedent had with him certain files to work on at his home, his custom being to devote a part of each weekend to matters connected with his employment. Plaintiff as widow brought an action for death benefits under the Workmen\u27s Compensation Act. The Workmen\u27s Compensation Commission entered an award for the plaintiff. On appeal by the state, held, reversed. Death did not arise out of and in the course of the decedent\u27s employment. Neither the fact that the employee carried work to be done at home, nor the fact that the employer supplied transportation, established necessary causal or time relationship between injury and employment. White v. State, 338 Mich. 282, 61 N.W. (2d) 31 (1953)

Halle: Civilization and Foreign Policy

A Review of Civilization and Foreign Policy . By Louis J. Halle

Corporations - Securities Regulation - Investment Contracts Under Securities Act of 1933

Plaintiffs purchased tracts of twenty acres, part of a larger tract owned by the defendant, for the purpose of developing the tracts into small citrus groves. Plaintiffs also executed with defendant a care and management contract, whereby plaintiff was to give directions as to the marketing of the crops on the tract; the defendant management company was to follow these directions but would still supervise harvesting and marketing and would receive its compensation therefor. Plaintiff brought an action under the Securities Act of 1933 to impose civil liability for fraudulent misrepresentations and material omissions concerning the value of the land. The lower court dismissed the complaint for lack of jurisdiction on the grounds that no security was involved. On appeal, held, reversed. The plaintiffs were not buying land for its intrinsic value but paramount emphasis was on income to accrue; therefore the transactions constituted investment contracts as defined in the Securities Act of 1933. Blackwell v. Bentsen, (5th Cir. 1953) 203 F. (2d) 690

Municipal Corporations - Zoning - Amortization of Existing Noncomforming Uses

ln 1930 defendant Gage acquired several lots in the City of Los Angeles. He constructed a residential building in which he established a wholesale and retail plumbing business, using one room as an office for the conduct of his business. Also used in the business were a garage and racks, bins, and stalls for the storage of materials and supplies. The use to which defendant put the property was permitted under the applicable zoning ordinance of 1930. Later the ordinance was changed so as to make defendant\u27s use of both lots nonconforming. In 1946 another rezoning ordinance provided that the nonconforming commercial use of a residential building and the nonconforming use of land where no buildings were employed in connection with such use should be discontinued within five years. Five years having elapsed, plaintiff brought suit for an injunction ordering defendant to discontinue the prohibited use of his property. The lower court refused an injunction on the ground that to order defendant to abandon a twenty-year-old user would be a deprivation of property without due process of law. On appeal, held, reversed. The requirement that an existing nonconforming use be discontinued within five years from the date of passage of the zoning ordinance is a constitutional exercise of the police power. City of Los Angeles v. Gage, (Cal. App. 1954) 274 P. (2d) 34

Federal Procedure - Juries - Attacking Release for Fraud in Action at Law

Plaintiff brought an action to recover damages for personal injuries. Defendant filed an answer and asserted that plaintiff had executed a release in full for all claims against the defendant. In his reply plaintiff admitted that he had executed the release, but claimed that it was obtained by fraud on the part of the defendant. The district court granted defendant\u27s motion to deny a jury trial on the ground that the matter of determining the validity of a release was properly cognizable in equity and that therefore plaintiff was not entitled to a jury trial on this issue. On appeal by plaintiff, held, reversed. The defendant was not entitled to a trial in equity since he had adequate protection at law. Bowie v. Sorrell, (4th Cir. 1953) 209 F. (2d) 49

Disseminated histoplasmosis in an 'immunocompetent' child

A rare case of severe disseminated histoplasmosis in a 7-year-old boy with apparently normal immune function is described. Current recommendations for diagnostic investigations, monitoring and the treatment of this disease with amphotericin B and itraconazole are reviewed

Alabama Ball

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