2,725 research outputs found

    Detection of fixed points in spatiotemporal signals by clustering method

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    We present a method to determine fixed points in spatiotemporal signals. A 144-dimensioanl simulated signal, similar to a Kueppers-Lortz instability, is analyzed and its fixed points are reconstructed.Comment: 3 pages, 3 figure

    ALIENS - DEPORTATION - CRIMES INVOLVING MORAL TURPITUDE

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    The petitioner in this case was an alien who had been convicted of smuggling into and concealing within the United States illegally imported alcohol. He was sentenced to serve a year and a day in a federal penitentiary. Upon his release, he was arrested and ordered deported under the Immigration Act of 1917, as an alien who after February 5, 1917 was sentenced to imprisonment for a term of more than a year because of conviction in this country of a crime involving moral turpitude, committed within five years after his entry to the United States. Petitioner seeks release on habeas corpus on the ground that the crime for which he was sentenced did not involve moral turpitude. Held, that the petition should be denied. Smuggling goods into the United States with intent to defraud the revenue is dishonest and fraudulent and involves moral turpitude. Guarneri v. Kessler, (C. C. A. 5th, 1938) 98 F. (2d) 580

    UNITED STATES - GOVERNMENT CORPORATIONS - HOME OWNERS\u27 LOAN CORPORATION NOT SUABLE IN TORT

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    An action was brought in tort for damages sustained in a fall on ice on the sidewalk in front of premises which were in the possession and control of the Home Owners\u27 Loan corporation. The defendant corporation was created under the Home Owners\u27 Loan Act passed by Congress in 1933 which provides that it shall have authority to sue and to be sued in any court of competent jurisdiction, Federal or State. The corporation moved to dismiss the action, claiming that as an instrumentality of the United States it could not be sued without the consent of Congress and that consent had not been given to an action sounding in tort. Held, that the Home Owners\u27 Loan Corporation was not subject to a tort action and that the suit should be dismissed. Prato v. Home Owners\u27 Loan Corporation, (D. C. Mass. 1938) 24 F. Supp. 844

    FEDERAL COURTS - SUBSTANCE AND PROCEDURE - EFFECT OF ERIE RAILROAD V. TOMPKINS AND RULE 8 (c) OF THE FEDERAL RULES OF CIVIL PROCEDURE UPON BURDEN OF PROOF OF CONTRIBUTORY NEGLIGENCE

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    The case of Erie Railroad v. Tompkins has wrought a great change in the relationship between the state and federal courts. Prior to its decision, the federal courts under the rule of Swift v. Tyson did not have to apply the state non-statutory law. They could apply their own notions as to what the law was in matters of general law relating to substance. The Conformity Act compelled the federal courts to follow the practice, pleading, and forms and modes of proceeding in like causes in the courts of the state within which the federal district courts were held. In other words, under the Conformity Act and the rule of Swift v. Tyson, the federal courts in matters not covered by statute were free to apply their own rules as to substantive law, but had to follow the state courts in procedural matters

    NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - LAST CLEAR CHANCE DOCTRINE APPLIED TO THE PLAINTIFF - NECESSITY OF ACTUAL KNOWLEDGE OF DANGER

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    The plaintiff was injured in a collision of the automobile in which she was riding, driven by her husband, and one driven by the defendant. The defendant, as an affirmative defense, alleged that as he was about to enter the intersection, his car skidded and went out of control; and that both the plaintiff and her husband saw the dangerous situation in sufficient time to have avoided the accident. The court instructed the jury that if the plaintiff or her husband saw, or by the exercise of reasonable diligence could have seen, that the defendant was in a place of danger and that by the exercise of reasonable diligence on their part they could have avoided injuring him, and that they failed to exercise such diligence, then the plaintiff could not recover. Held, this instruction was erroneous. A defendant may be entitled to the application of the last clear chance doctrine, but before it can apply there must be actual knowledge of the dangerous situation of the other person. The duty to avoid one who has negligently placed himself in a situation of danger arises only when his position is actually known, not when it ought, in the exercise of reasonable diligence, to have been known. Rew v. Dorn, (Ore. 1938) 85 P. (2d) 1031

    APPEAL AND ERROR - THE ADMINISTRATOR AS A PARTY AGGRIEVED BY PROBATE OF WILL

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    In an action to prove the existence of a lost will executed by the deceased, judgment was rendered setting up the lost will and revoking the letters of administration which had been issued. The administrator appealed from this order, and the appellee moved to dismiss the appeal on the ground that the administrator had no such interest as entitled him to review. The governing statute permitted appeal by any party aggrieved by any final order, judgment, or decree. Held, that the administrator who has qualified as such was entitled to appeal under the statute, as the party aggrieved by the probate of the will. Webb v. Lohnes, (App. D. C. 1938) 96 F. (2d) 582

    UNITED STATES - GOVERNMENT CORPORATIONS - IMMUNITY FROM SUIT

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    The Emergency Relief and Construction Act, passed by Congress in 1932, authorized the Reconstruction Finance Corporation to create regional agricultural corporations, but did not expressly provide that such corporations might sue and be sued. However, Congress had made express provision to this effect with respect to the R. F. C. itself. The Regional Agricultural Credit Corporation of Sioux City, Iowa, was chartered by the R. F. C. in accordance with the statute. The plaintiff brought this action to recover damages for injuries to livestock alleged to have resulted from the negligence of the Regional Corporation in not providing proper care for the cattle delivered to it under a cattle feeding contract. The Regional Corporation demurred on the ground that it was a governmental agency and therefore not subject to suit. Held, that the Regional Corporation was not immune from suit in this action and judgment should be rendered against it. Keifer & Keifer v. Reconstruction Finance Corporation, (U.S. 1939) 59 S. Ct. 516

    SALES - EFFECT OF BUYER\u27S INSOLVENCY ON SELLER\u27S DUTY TO DELIVER OR TENDER GOODS

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    The plaintiff ordered goods from the defendant for immediate delivery, terms, $1,500 down, balance in three and six months, notes being given for the unpaid balance. The defendant accepted the order. When the check which the plaintiff gave for the down payment was dishonored, the defendant investigated his financial condition and discovered that there were a number of unsatisfied judgments against him. On learning this, the defendant notified the plaintiff that he could not make the sale on credit but would do so on a cash basis. Upon the plaintiff\u27s refusal to accede, the defendant notified him that the order had been cancelled and returned the check, whereupon plaintiff brought suit for breach of contract. Held, a seller of goods on credit, upon learning of his buyer\u27s insolvency, may refuse to deliver except for cash; the fact that the buyer has given a note for the price, payable at the expiration of the credit, does not vary the rule; neither need tender of the goods be made with the seller\u27s demand for cash. Rock-Ola Mfg. Corp. v. Leopold, (C. C. A. 5th, 1938) 98 F. (2d) 196

    Optical probes of intradiskal processes in rod photoreceptors. II: Light-scattering study of ATP-dependent light reactions.

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    Rod outer segment (ROS) disks, either stacked or freely floating, respond to flash illumination to yield a specific, ATP-dependent, light-scattering signal AL. In broken ROS AL signals occur only when AD signals (see Part I) have preceded them, The degree to which the preceding AD signal has been completed determines the amplitude of the following AL signal. However, in freshly detached ROS from dark-adapted frogs AL signals with maximal size can be obtained without pre-incubation with exogenous ATP. The energized state, which is restored in broken ROS with the help of ATP, appears to prevail in the living retina and must therefore be considered to be “physiological”. AL signals require structurally intact disks. Neither peripheral ROS proteins nor connecting filaments between adjacent disks are necessary. Their structural origin is the same as that of the preceding AD signal, i.e. osmotic disk swelling. AL signals consist of a single slow kinetic component (half-life 10 s at room temperature) and multiphase fast kinetic component (70 ms). The slow phase corresponds to a light-stimulated resumption of ATPase activity (this has been dealt with in a previous paper) whereas the fast component reflects an immediate response of the energized disk to the metarhodopsin I to metarhodopsin II transition. The latter effect is the subject of this paper. A variety of experiments, using different ATPase inhibitors, ionophores and membrane-permeable salts, have been carried out; they are all consistent with the notion that AL originates in the disk interior and probes the existence of a proton electrochemical potential difference Δμ(H+) across the disk membrane. A model is presented which can explain all given properties of AL satisfactorily. According to this model the photolysis of rhodopsin causes a proton release in the disk lumen. This, in turn, results in osmotic swelling of the disks, provided that the internal buffer sites have been (at least partially) titrated with protons prior to the flash. Such conditions, i.e. a low internal pH, are provided by the proton transport across the disk membrane, which presumably takes place during the course of the preceding AD signal

    The effects of cold work and subsequent annealing upon the microstructure and related magnetic properties of 82 Co-12 Fe-6 Au alloy

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    Strip samples of 82% Co - 12% Fe - 6% Au alloy were solution annealed and quenched to produce a supersaturated structure. The samples were then sold worked various amounts by rolling. Quantitative metallography, electron microscopy, and magnetic tests ere used to determine the effects of cold work and subsquent annealing upon structure and related magnetic properties. The primary aim of this thesis is to investigate the structural changes which cause these magnetic property changes
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