Banks and Banking - Bank\u27s Right of Set-Off-Deposit of Funds by a Fiduciary

Plaintiff employed A as agent to sell plaintiff\u27s tractor. A was to keep any amount received over $5,000. A sold the tractor, receiving a$6,120 check from the purchaser payable to A. A deposited the check in his personal checking account in defendant bank. Defendant took the deposit without knowledge of plaintiff\u27s interests and applied it against a past due obligation of A. Plaintiff brought suit for $4,500, the amount of checks from A to plaintiff which defendant refused to pay. The trial court held for defendant. On writ of error, held, reversed, two judges dissenting. No equity was created in defendant superior to that of plaintiff, the beneficial owner of the deposit. Cox v. Metropolitan State Bank, 138 Colo. 576, 336 P. (2d) 742 (1959)

Civil Rights - Due Process - Action for Civil Conspiracy Based on Section 1983

In an action for damages based on sections 1983 and 1985 of the Civil Rights Act, plaintiff alleged that a county health officer and his deputy, pursuant to a conspiracy, forcibly took plaintiff to a mental hospital and confined him there for a period of two months in willful violation of a state court order requiring plaintiff to be brought before the court for a sanity hearing. Plaintiff also alleged a false return of citation to the court by the officers and an intentional suppression of facts by the officers and the examining physician regarding plaintiff\u27s illegal detention. Plaintiff contended that these allegations stated a cause of action for civil conspiracy to obstruct the due course of justice in violation of section 1985 (2), to deny plaintiff equal protection of the laws in violation of section 1985 (3), and to deprive plaintiff under color of state law of rights, privileges, and immunities secured by the Constitution and laws in violation of section 1983. The district court dismissed the action for failure to state a cause of action. On appeal, held, reversed. Section 1983 will support a cause of action against all the members of a conspiracy for acts in furtherance of the conspiracy and which under color of state law deprive the plaintiff of due process of law. Hoffman v. Halden, (9th Cir. 1959) 268 F. (2d) 280

Albert Camus\u27s meditative ascent: a search for foundations in The Plague

Albert Camus\u27s concept of absurdity states that human existence is fundamentally chaotic and meaningless. Despite this appraisal of existence, Camus tirelessly campaigned for human rights at a time when many intellectuals ignored the atrocities perpetrated by ideological compatriots. Scholars admire Camus\u27s courage and foresight, but few have attempted to systematically examine Camus\u27s philosophical development of values. Eric Voegelin argues that Camus\u27s writings take the form of a philosophical meditation in which Camus conducted an analysis of existence through the medium of fictional creation. This meditation, which Voegelin likens to a Platonic periagoge, allowed Camus to establish a foundation of values that remained consistent with the logic of the absurd and fostered an appreciation of present reality. This study examines Camus\u27s mediation by emphasizing the components that are present in his novel The Plague. Camus ultimately arrives at an aesthetic theory in which he equates beauty with the common dignity of mankind

Preliminary OARE absolute acceleration measurements on STS-50

On-orbit Orbital Acceleration Research Experiment (OARE) data on STS-50 was examined in detail during a 2-day time period. Absolute acceleration levels were derived at the OARE location, the orbiter center-of-gravity, and at the STS-50 spacelab Crystal Growth Facility. The tri-axial OARE raw acceleration measurements (i.e., telemetered data) during the interval were filtered using a sliding trimmed mean filter in order to remove large acceleration spikes (e.g., thrusters) and reduce the noise. Twelve OARE measured biases in each acceleration channel during the 2-day interval were analyzed and applied to the filtered data. Similarly, the in situ measured x-axis scale factors in the sensor's most sensitive range were also analyzed and applied to the data. Due to equipment problem(s) on this flight, both y- and z- axis sensitive range scale factors were determined in a separate process (using the OARE maneuver data) and subsequently applied to the data. All known significant low-frequency corrections at the OARE location (i.e., both vertical and horizontal gravity-gradient, and rotational effects) were removed from the filtered data in order to produce the acceleration components at the orbiter's center-of-gravity, which are the aerodynamic signals along each body axes. Results indicate that there is a force of unknown origin being applied to the Orbiter in addition to the aerodynamic forces. The OARE instrument and all known gravitational and electromagnetic forces were reexamined, but none produce the observed effect. Thus, it is tentatively concluded that the Orbiter is creating the environment observed

Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed by a Mult-Employer Lockout

Two unions of restaurant employees voted to strike the local restaurant industry in order to obtain a more favorable master contract with a restaurant owners\u27 association. The unions executed this program by strategically calling strikes on only a few key restaurants. The association retaliated by notifying its members to lay off their employees in accordance with its previously announced policy to consider a called strike against one member a called strike against all members. The California Unemployment Insurance Appeals Board held that the union employees laid off in response to the association\u27s notice were voluntarily\u27\u27 out of work and therefore were disqualified from receiving unemployment benefits in view of the statutory disqualification of any worker who left his work because of a trade dispute. In a mandamus proceedings brought by the union employees, the superior court reversed the appeals board. On appeal to the California Supreme Court, held, reversed, one judge dissenting. Having first used a work stoppage as an economic weapon, the union employees were responsible for the foreseeable reprisals and were therefore disqualified from unemployment benefits for having voluntarily left their work because of a trade dispute. Gardner v. State Director of Employment, 53 Cal.2d 23, 346 P.2d 193 (1959)