CORPORATIONS-WHERE NAME OF NEW CORPORATION IS THE EXISTING TRADE NAME OF ANOTHER

In 1928 plaintiff changed its official corporate name from the City Fuel Company to the Staples Coal Company, but continued to utilize the old corporate name as a trade name in advertising and the retail sale of fuel oil. It made little, if any, use of the new title, since the general public was accustomed to dealing with it under the name it had used for seventeen years. Defendant was incorporated in 1943 as the City Fuel Company and began to engage in a similar business in the same general trade area of greater Boston. Plaintiff, fearing deception of the public and injury to its good will, brought a bill to enjoin defendant from using a corporate name identical with its trade name. Held, injunction granted against the use of the name in any of the localities where the plaintiff does business. Equity will protect the public from being misled and the business of the plaintiff from being diverted. The corporate franchise issued by the state to the defendant does not preclude such relief. Staples Coal Co. v. City Fuel Co., (Mass. 1944) 55 N.E. (2d) 934

SALES-AUTOMOBILE DEALER FINANCING AND THE BONA FIDE PURCHASER

With the prospect of increased manufacture of automobiles for civilian use, the problem of financing the dealer and his customers will again loom large. In the past the burden has largely been assumed not by banks, whose credit practices and collection machinery are better adapted to short term, single payment credits, but by the finance or acceptance companies. These organizations mushroomed into prominence after World War I as retail installment selling became more and more prevalent, and with the easy payment plan offered by the dealer to the retail buyer, there was produced a corresponding need by the dealer himself to be financed. The stock in trade of the car dealer is relatively expensive and his usual working capital relatively small. The sales finance companies have been willing to extend credit for the dealer\u27s wholesale purchases from the manufacturer and to buy up the retail purchaser\u27s installment contract from him, assuming the risk of successful collection. In both wholesale and retail financing the company has a major interest in obtaining adequate security for the credit risk and shielding it from the claims of the dealer, his creditors, and his vendees. The relations of the company with the latter, the purchaser who buys from the dealer in the ordinary course of business, will be examined here

WILLS - SOLDIERS AND SAILORS - INTENT NECESSARY FOR VALIDITY

In December of 1941 decedent was a fireman aboard an oil tanker bound for the Dutch West Indies. While discussing the dangers brought about by the war to merchant shipping, he told a shipmate, Well, if I get lost or anything--I want Mr. Knight and his people to have what I got, insurance and everything. He repeated this desire to his fellow seaman on several other occasions during the course of the voyage. The vessel reached port safely, but several trips later the decedent was drowned when his ship was torpedoed. Knight claimed the estate, alleging that the statement was sufficient to constitute a valid mariner\u27s will. The dead man\u27s daughter contested it. Held, no mariner\u27s will was created by the decedent\u27s words. It must appear that he intended that his words were to operate as a will, and since the declaration was made in a general conversational manner, the necessary dispositive intent does not arise out of the circumstances. In re Buehre\u27s Estate, (Pa. 1944) 37 A. (2d) 587

INSURANCE-RIGHT OF INSURED TO RECOVER UNDER DISABILITY CLAUSE OF LIFE INSURANCE POLICY FOR SELF-INFLICTED INJURY

A policy of life insurance was issued to one Rice providing for payment of certain disability benefits to the insured if he should sustain a physical impairment such as . . . the permanent loss of the sight of both eyes. As a proximate result of an unsuccessful attempt to commit suicide the insured was blinded. The policy contained no express limitations or restrictions on such self-inflicted injuries but did provide that the insurance company should not be liable for benefits if the death of the insured resulted from suicide. Rice was apparently sane at the time he attempted to kill himself. Held, recovery is allowed. The obligation to pay for disability suffered is an absolute one in the absence of contractual provision limiting it. There is no statute or public policy forbidding payment. Prudential Insurance Co. v. Rice, (Ind. 1944) 52 N.E. (2d) 624

Vertical structure, turbulent mixing and fluxes during Lagrangian observations of an upwelling filament system off Northwest Iberia

In August 1998, a recurrent filament located near 42°N off Galicia was sampled as part of the OMEX-II project. Lagrangian and other observations were made on the shelf where the filament arose and offshore in the filament itself under upwelling favourable but fluctuating winds. The shelf drift experiment monitored a change from southward to weak northward net flow as the winds decreased to zero. Shipborne {ADCP} measurements showed that the shelf was supplying decreasing volumes of water to the filament as the wind speeds decreased. At the shelf edge the internal tide was larger than can be explained by local forcing and there were many unusually large high frequency internal waves with a quasi-sinusoidal form. Turbulence observations revealed enhanced dissipation rates and vertical eddy diffusion coefficients within the shelf thermocline (of order 1 cm2 s�1), which appeared to be caused by the breaking of internal wave. A second Lagrangian experiment was executed in the filament some 120 km offshore, which again coincided with a period of wind relaxation. Cross-sections revealed a double cold core and that the offshore flow was limited to a thin surface layer. Substantial onshore flow occurred below 50 m in the centre of the filament, while the strongest and deepest offshore flow coincided with its northern boundary. Turbulent kinetic energy dissipation rate measurements showed very weak mixing below 15 m in the filament core, but enhanced mixing at its boundaries. Four mixed layer drifters released in the filament initially indicated convergence at its southern boundary, marked by strong temperature and salinity contrasts. After the wind became more favourable for upwelling, the drifters accelerated. One drifter traced the full extent of the filament, while the other three escaped from it and began to circulate cyclonically over 28 days in a 100 km diameter loop back towards their release point. Although strong mesoscale activity linked the shelf and ocean regimes, offshore transport in the filament was weak at the time of the experiment and vertical and horizontal re-circulations on a variety of time scales were important. There was sufficient vertical mixing in the thermocline to cause it to thicken and draw some heat into the lower layers during the summer months on the shelf. The amount of heat involved was too little to have a significant impact on the development of a filament over a typical lifetime of a week

Universal Small Payload Interface – A Design to Ensure Cost-Effective Small Satellite Access to Space

Launch vehicle economies of scale are one of the biggest hurdles to cheaper space access for small satellites. Overhead and facilities and other costs are constant regardless of the launch vehicle size. Therefore for smaller launch vehicles, cost efficiency drops, increasing the per-kilogram launch vehicle costs. Consequently, the cost advantage of small satellites is rapidly diminished because the overall mission cost remains high. One solution is launching piggyback on a large launch vehicle. Large launch vehicles have opaque procedures and lack clear requirements and standardized piggyback accommodations. The Ariane ASAP 5 provides reliable and easy launch for small satellites, but there is no U.S. counterpart to it. The Universal Small Payload Interface (USPI) project sponsored by the NRO will remedy that situation. The USPI will provide standardized accommodation on large launch vehicles for small payloads. USPI provides a standard requirements document, a detailed integration flow, separation system, and payload platform design for the widest possible flexibility in terms of reliable and cost effective access to space

Coastal upwelling and downwelling forcing of circulation in a semi-enclosed bay: Ria de Vigo

Semi-enclosed bays in upwelling regions are exposed to forcing related to winds, currents and buoyancy over the shelf. The influence of this external forcing is moderated by factors such as connectivity to the open ocean, shelter by surrounding topography, dimensions of the bay, and freshwater outflows. Such bays, preferred locations for ports, mariculture, marine industry, recreational activities and coastal settlement, present a range of characteristics, understanding of which is necessary to their rational management. Observations in such a semi-enclosed bay, the Ria de Vigo in Spain, are used to characterize the influence of upwelling and downwelling pulses on its circulation. In this location, near the northern limit of the Iberian upwelling system, upwelling events dominate during a short summer season and downwelling events the rest of the year. The ria response to the external forcing is central to nutrient supply and resultant plankton productivity that supports its high level of cultured mussel production. Intensive field studies in September 2006 and June 2007 captured a downwelling event and an upwelling event, respectively. Data from eight current profiler moorings and boat-based MiniBat/ADCP surveys provided an unprecedented quasi-synoptic view of the distribution of water masses and circulation patterns in any ria. In the outer ria, circulation was dominated by the introduction of wind-driven alongshore flow from the external continental shelf through the ria entrances and its interaction with the topography. In the middle ria, circulation was primarily related to the upwelling/downwelling cycle, with a cool, salty and dense lower layer penetrating to the inner ria during upwelling over the shelf. A warmer, lower salinity and less dense surface layer of coastal waters flowed inward during downwelling. Without external forcing, the inner ria responded primarily to tides and buoyancy changes related to land runoff. Under both upwelling and downwelling conditions, the flushing of the ria involved shelf responses to wind pulses. Their persistence for a few days was sufficient to allow waters from the continental shelf to penetrate the innermost ria. Longer term observations supported by numerical modeling are required to confirm the generality of such flushing events in the ria and determine their typical frequency, while comparative studies should explore how these scenarios fit into the range of conditions experienced in other semi-enclosed bays

HLA-A and -B alleles and haplotypes in 240 index patients with common variable immunodeficiency and selective IgG subclass deficiency in central Alabama

BACKGROUND: We wanted to quantify HLA-A and -B phenotype and haplotype frequencies in Alabama index patients with common variable immunodeficiency (CVID) and selective IgG subclass deficiency (IgGSD), and in control subjects. METHODS: Phenotypes were detected using DNA-based typing (index cases) and microlymphocytotoxicity typing (controls). RESULTS: A and B phenotypes were determined in 240 index cases (114 CVID, 126 IgGSD) and 1,321 controls and haplotypes in 195 index cases and 751 controls. Phenotyping revealed that the "uncorrected" frequencies of A*24, B*14, B*15, B*35, B*40, B*49, and B*50 were significantly greater in index cases, and frequencies of B*35, B*58, B*62 were significantly lower in index cases. After Bonferroni corrections, the frequencies of phenotypes A*24, B*14, and B*40 were significantly greater in index cases, and the frequency of B*62 was significantly lower in index cases. The most common haplotypes in index cases were A*02-B*44 (frequency 0.1385), A*01-B*08 (frequency 0.1308), and A*03-B*07 (frequency 0.1000), and the frequency of each was significantly greater in index cases than in control subjects ("uncorrected" values of p < 0.0001, 0.0252, and 0.0011, respectively). After performing Bonferroni corrections, however, the frequency of A*02-B*44 alone was significantly increased in probands (p < 0.0085). Three other haplotypes were also significantly more frequent in index cases (A*03-B*14, A*31-B*40, and A*32-B*14). The combined frequencies of three latter haplotypes in index patients and control subjects were 0.0411 and 0.0126, respectively ("uncorrected" value of p < 0.0002; "corrected" value of p = 0.0166). Most phenotype and haplotype frequencies in CVID and IgGSD were similar. 26.7% of index patients were HLA-haploidentical with one or more other index patients. We diagnosed CVID or IgGSD in first-degree or other relatives of 26 of 195 index patients for whom HLA-A and -B haplotypes had been ascertained; A*01-B*08, A*02-B*44, and A*29-B*44 were most frequently associated with CVID or IgGSD in these families. We conservatively estimated the combined population frequency of CVID and IgGSD to be 0.0092 in adults, based on the occurrence of CVID and IgGSD in spouses of the index cases. CONCLUSIONS: CVID and IgGSD in adults are significantly associated with several HLA haplotypes, many of which are also common in the Alabama Caucasian population. Immunoglobulin phenotype variability demonstrated in index cases and family studies herein suggests that there are multiple gene(s) on Ch6p or other chromosomes that modify immunoglobulin phenotypes of CVID and IgGSD. The estimated prevalence of CVID and IgGSD in central Alabama could be reasonably attributed to the fact that many HLA haplotypes significantly associated with these disorders are also common in the general population

Total blood lymphocyte counts in hemochromatosis probands with HFE C282Y homozygosity: relationship to severity of iron overload and HLA-A and -B alleles and haplotypes

BACKGROUND: It has been reported that some persons with hemochromatosis have low total blood lymphocyte counts, but the reason for this is unknown. METHODS: We measured total blood lymphocyte counts using an automated blood cell counter in 146 hemochromatosis probands (88 men, 58 women) with HFE C282Y homozygosity who were diagnosed in medical care. Univariate and multivariate analyses of total blood lymphocyte counts were evaluated using these variables: sex; age, transferrin saturation, and serum ferritin concentration at diagnosis; units of blood removed by phlebotomy to achieve iron depletion; and human leukocyte antigen (HLA)-A and -B alleles and haplotypes. RESULTS: The mean age at diagnosis was 49 ± 14 years (range 18 – 80 years) in men and 50 ± 13 years (range 22 – 88 years) in women. The correlations of total blood lymphocyte counts with sex, age, transferrin saturation, and serum ferritin concentration at diagnosis, and units of blood removed by phlebotomy to achieve iron depletion were not significant at the 0.05 level. Univariate analyses revealed significant associations between total blood lymphocyte counts and presence of the HLA-A*01, -B*08, and -B*14 alleles, and the A*01-B*08 haplotype. Presence of the A*01 allele, B*08 allele, or A*01-B*08 haplotype were associated with a lower total blood lymphocyte count, whereas presence of the B*14 allele was associated with a greater total blood lymphocyte count. There was an inverse association of total blood lymphocyte count with units of phlebotomy to achieve iron depletion, serum ferritin concentration, and with presence of the A*01-B*08 haplotype. CONCLUSION: We conclude that there is a significant inverse relationship of total blood lymphocyte counts and severity of iron overload in hemochromatosis probands with HFE C282Y homozygosity. The presence of the HLA-A*01 allele or the -B*08 allele was also associated with significantly lower total blood lymphocyte counts, whereas presence of the -B*14 allele was associated with significantly higher total blood lymphocyte counts. In univariate and multivariate analyses, total blood lymphocyte counts were significantly lower in probands with the HLA-A*01-B*08 haplotype than in probands without this haplotype