RES JUDICATA-USE DEFENSIVELY OF FORMER JUDGMENT BY ONE NOT A PARTY OR IN PRIVITY WITH A PARTY TO FORMER ACTION

Plaintiff sued defendant in a federal district court to foreclose a mortgage lien alleged to exist on defendant\u27s land in consequence of a loan by plaintiff to defendant\u27s predecessor in title. Defendant\u27s land was but a part of the tract originally encumbered. In a prior action in the state court, plaintiff had sought foreclosure of the same mortgage against the holder of another parcel of the mortgaged land on the precise grounds now asserted against defendant. In that action it was held that the entire mortgage had already been discharged. Defendant moved for summary judgment, contending that the former decision estopped plaintiff from reasserting the validity of the mortgage claim. Plaintiff objected on the ground that defendant had not been a party ( or a privy to a party) to the form action. Held, motion granted. Riordan v. Ferguson, (D.C. N.Y. 1948) 80 F. Supp. 973

SPECIFIC PERFORMANCE-SCARCITY AS JUSTIFICATION FOR SPECIFIC PERFORMANCE OF CONTRACT FOR PURCHASE OF NEW CAR

In two recent cases, prospective purchasers entered into written contracts with local automobile distributors for the purchase of new cars. Because of the scarcity of new cars, the prospective purchasers\u27 names were put on waiting lists establishing a priority for delivery as new cars were received by the distributors. In both cases the distributors refused without excuse to perform when cars became available for delivery. The prospective purchasers sought specific performance on the basis that the current scarcity of new cars and the difficulty of obtaining them elsewhere for cash alone made the legal damage remedy inadequate. Held, (a) specific performance granted. Heidner v. Hewitt Chevrolet Co., (Kan. 1948) 199 P. (2d) 481, (b) specific performance denied. McCallister v. Patton, (Ark. 1948) 215 S.W. (2d) 701

CONTRACTS - MUNICIPAL CORPORATIONS - REVOCABILITY OF OFFER SUBMITTED UNDER STATUTORY COMPETITIVE BIDDING

In accordance with statutory provisions, the city commissioners of Atlantic City advertised for bids for certain public improvements. Plaintiff submitted a sealed bid accompanied by a deposit of $5,000, as required by the advertisement, to guarantee execution of the contract if it were the successful bidder. When the bids were opened, plaintiff was the lowest bidder by a considerable margin. Investigation disclosed that an appreciable error had been made in the calculation of its bid, however, and before any official action had been taken, plaintiff advised the city commission of the mistake and withdrew the bid. Nevertheless, the contract was subsequently awarded to plaintiff, and on its refusal to perform, the$5,000 was declared forfeited. In a suit in equity for return of the deposit, held plaintiff may recover $5,000. A competitive bid is in the nature of an option to the municipality and may not be withdrawn, but equity may grant relief by way of rescission of the bid on the basis of mistake. Conduit & Foundation Corp. v. Atlantic City, (N.J. 1949) 64 A.(2d) 382

EQUITY-DISINTERMENT OF DEAD BODY BURIED IN ANOTHER\u27S LAND

Complainant sought a decree in equity compelling defendant, administratrix of the estate of one Abram London, to remove the body of deceased from a grave on land belonging to complainant. Complainant had purchased the land in 1934, but through error of the cemetery officials it was resold to London in 1944. London\u27s wife was buried in the adjacent plot. Defendant contended that the relief requested would transgress London\u27s wish to be buried adjacent to his wife. Held, decree granted. The body of a person buried in a grave belonging to another is not properly buried, and the court will direct that the body be removed from such grave. Glatzer v. Dinerman, (N.J. 1948) 59 A. (2d) 242

Footballers' Image Rights in the New Media Age

Image rights, broadly defined as the commercial appropriation of someone's personality, including indices of their image, voice, name and signature, have become increasingly important in the political economy of media sport. A range of legal, economic and political arguments have developed in the UK as to what image rights actually are, their legal efficacy and their potential impact on developments in the long-standing relationship between sport and the media. This paper focuses on the problematic definition of the term in the UK context and how it relates to certain economic and commercial transformations in British football. Using the English Premier League and the ‘celebrity footballer’ David Beckham as its primary focus, the paper traces the rise of image rights clauses in player contracts. This process is analysed in the context of rapid and dramatic change in the media coverage of the sport. The paper focuses on the growing legal complexities of protecting star images in relation to the Internet and the wider issues of football, fandom and popular culture

Overexpression of Hydroxynitrile Lyase in Cassava Roots Elevates Protein and Free Amino Acids while Reducing Residual Cyanogen Levels

Cassava is the major source of calories for more than 250 million Sub-Saharan Africans, however, it has the lowest protein-to-energy ratio of any major staple food crop in the world. A cassava-based diet provides less than 30% of the minimum daily requirement for protein. Moreover, both leaves and roots contain potentially toxic levels of cyanogenic glucosides. The major cyanogen in cassava is linamarin which is stored in the vacuole. Upon tissue disruption linamarin is deglycosylated by the apolplastic enzyme, linamarase, producing acetone cyanohydrin. Acetone cyanohydrin can spontaneously decompose at pHs >5.0 or temperatures >35°C, or is enzymatically broken down by hydroxynitrile lyase (HNL) to produce acetone and free cyanide which is then volatilized. Unlike leaves, cassava roots have little HNL activity. The lack of HNL activity in roots is associated with the accumulation of potentially toxic levels of acetone cyanohydrin in poorly processed roots. We hypothesized that the over-expression of HNL in cassava roots under the control of a root-specific, patatin promoter would not only accelerate cyanogenesis during food processing, resulting in a safer food product, but lead to increased root protein levels since HNL is sequestered in the cell wall. Transgenic lines expressing a patatin-driven HNL gene construct exhibited a 2–20 fold increase in relative HNL mRNA levels in roots when compared with wild type resulting in a threefold increase in total root protein in 7 month old plants. After food processing, HNL overexpressing lines had substantially reduced acetone cyanohydrin and cyanide levels in roots relative to wild-type roots. Furthermore, steady state linamarin levels in intact tissues were reduced by 80% in transgenic cassava roots. These results suggest that enhanced linamarin metabolism contributed to the elevated root protein levels

DNA barcoding reveals both known and novel taxa in the Albitarsis Group (Anopheles: Nyssorhynchus) of Neotropical malaria vectors

<p>Abstract</p> <p>Background</p> <p>Mosquitoes belonging to the Albitarsis Group (<it>Anopheles</it>: <it>Nyssorhynchus</it>) are of importance as malaria vectors across the Neotropics. The Group currently comprises six known species, and recent studies have indicated further hidden biodiversity within the Group. DNA barcoding has been proposed as a highly useful tool for species recognition, although its discriminatory utility has not been verified in closely related taxa across a wide geographic distribution.</p> <p>Methods</p> <p>DNA barcodes (658 bp of the mtDNA <it>Cytochrome c Oxidase </it>- <it>COI</it>) were generated for 565 <it>An. albitarsis </it>s.l. collected in Argentina, Brazil, Colombia, Paraguay, Trinidad and Venezuela over the past twenty years, including specimens from type series and type localities. Here we test the utility of currently advocated barcoding methodologies, including the Kimura-two-parameter distance model (K2P) and Neighbor-joining analysis (NJ), for determining species delineation within mosquitoes of the Neotropical Albitarsis Group of malaria vectors (<it>Anopheles</it>: <it>Nyssorhynchus</it>), and compare results with Bayesian analysis.</p> <p>Results</p> <p>Species delineation through barcoding analysis and Bayesian phylogenetic analysis, fully concur. Analysis of 565 sequences (302 unique haplotypes) resolved nine NJ tree clusters, with less than 2% intra-node variation. Mean intra-specific variation (K2P) was 0.009 (range 0.002 - 0.014), whereas mean inter-specific divergence were several-fold higher at 0.041 (0.020 - 0.056), supporting the reported "barcoding gap". These results show full support for separate species status of the six known species in the Albitarsis Group (<it>An. albitarsis </it>s.s., <it>An. albitarsis </it>F, <it>An. deaneorum</it>, <it>An. janconnae</it>, <it>An. marajoara </it>and <it>An. oryzalimnetes</it>), and also support species level status for two previously detected lineages - <it>An. albitarsis </it>G &<it>An. albitarsis </it>I (designated herein). In addition, we highlight the presence of a unique mitochondrial lineage close to <it>An. deaneorum </it>and <it>An. marajoara </it>(<it>An. albitarsis </it>H) from Rondônia and Mato Grosso in southwestern Brazil. Further integrated studies are required to confirm the status of this lineage.</p> <p>Conclusions</p> <p>DNA barcoding provides a reliable means of identifying both known and undiscovered biodiversity within the closely related taxa of the Albitarsis Group. We advocate its usage in future studies to elucidate the vector competence and respective distributions of all eight species in the Albitarsis Group and the novel mitochondrial lineage (<it>An. albitarsis </it>H) recovered in this study.</p

Characteristics of ascitic fluid in the alcoholic cirrhotic

A prospective study was conducted to define the characteristics of ascitic fluid in alcoholic cirrhotics with and without spontaneous bacterial peritonitis (SBP); to correlate these with findings in the peripheral blood; and to determine whether the use of counterimmunoelectrophoresis (CIE) for bacterial antigens will aid in the early diagnosis of SBP. Fifty-one alcoholic cirrhotics had simultaneous determination of their blood or serum and ascitic fluid for the following: WBC and differential count, RBC, LDH, amylase, glucose, total protein, and protein electrophoresis, CIE for pneumococcal and Klebsiella antigens, culture for aerobic and anaerobic bacteria and mycobacteria, and cytology. Of the 51 patients, 2 had SBP (4%). In the other 49 patients (54 sera and ascitic fluids), CIE was positive for pneumococcal antigen in 4/54 sera and in 3/54 ascitic fluids. The mean WBC count in the ascitic fluid was 349. In 4% the count was above 1000, in 18% between 501–1000, and in 32% between 301–500; polymorphs were >30% in 19/54 (32%). Specific gravity was >1.020 in 10/54 (22%), and ascitic fluid total protein of 3.0g/100 ml or above was noted in 24% (12/54). Mean ascitic fluid/serum ratios of total protein, albumin, and globulin were 0.31, 0.33, and 0.30 respectively, and mean ascitic fluid/serum ratios of LDH, amylase, and glucose were 0.54, 0.79, and 1.04. All cultures (except those with SBP) and cytology were negative. Our study confirmed the observation of others, that a significant number of noninfected cirrhotics have increased ascitic fluid WBC, % polymorphs, specific gravity, and total protein concentration. CIE was not helpful in the early diagnosis of SBP.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/44388/1/10620_2005_Article_BF01333710.pd

An African Ancestry-Specific Allele of CTLA4 Confers Protection against Rheumatoid Arthritis in African Americans

Cytotoxic T-lymphocyte associated protein 4 (CTLA4) is a negative regulator of T-cell proliferation. Polymorphisms in CTLA4 have been inconsistently associated with susceptibility to rheumatoid arthritis (RA) in populations of European ancestry but have not been examined in African Americans. The prevalence of RA in most populations of European and Asian ancestry is ∼1.0%; RA is purportedly less common in black Africans, with little known about its prevalence in African Americans. We sought to determine if CTLA4 polymorphisms are associated with RA in African Americans. We performed a 2-stage analysis of 12 haplotype tagging single nucleotide polymorphisms (SNPs) across CTLA4 in a total of 505 African American RA patients and 712 African American controls using Illumina and TaqMan platforms. The minor allele (G) of the rs231778 SNP was 0.054 in RA patients, compared to 0.209 in controls (4.462×10−26, Fisher's exact). The presence of the G allele was associated with a substantially reduced odds ratio (OR) of having RA (AG+GG genotypes vs. AA genotype, OR 0.19, 95% CI: 0.13–0.26, p = 2.4×10−28, Fisher's exact), suggesting a protective effect. This SNP is polymorphic in the African population (minor allele frequency [MAF] 0.09 in the Yoruba population), but is very rare in other groups (MAF = 0.002 in 530 Caucasians genotyped for this study). Markers associated with RA in populations of European ancestry (rs3087243 [+60C/T] and rs231775 [+49A/G]) were not replicated in African Americans. We found no confounding of association for rs231778 after stratifying for the HLA-DRB1 shared epitope, presence of anti-cyclic citrullinated peptide antibody, or degree of admixture from the European population. An African ancestry-specific genetic variant of CTLA4 appears to be associated with protection from RA in African Americans. This finding may explain, in part, the relatively low prevalence of RA in black African populations

Host preferences and differential contributions of deciduous tree species shape mycorrhizal species richness in a mixed Central European forest

Mycorrhizal species richness and host ranges were investigated in mixed deciduous stands composed of Fagus sylvatica, Tilia spp., Carpinus betulus, Acer spp., and Fraxinus excelsior. Acer and Fraxinus were colonized by arbuscular mycorrhizas and contributed 5% to total stand mycorrhizal fungal species richness. Tilia hosted similar and Carpinus half the number of ectomycorrhizal (EM) fungal taxa compared with Fagus (75 putative taxa). The relative abundance of the host tree the EM fungal richness decreased in the order Fagus > Tilia >> Carpinus. After correction for similar sampling intensities, EM fungal species richness of Carpinus was still about 30–40% lower than that of Fagus and Tilia. About 10% of the mycorrhizal species were shared among the EM forming trees; 29% were associated with two host tree species and 61% with only one of the hosts. The latter group consisted mainly of rare EM fungal species colonizing about 20% of the root tips and included known specialists but also putative non-host associations such as conifer or shrub mycorrhizas. Our data indicate that EM fungal species richness was associated with tree identity and suggest that Fagus secures EM fungal diversity in an ecosystem since it shared more common EM fungi with Tilia and Carpinus than the latter two among each other