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TEICH v. GENERAL MILLS INC
Jules H. TEICH, doing business under the firm name of Tower Industries, Plaintiff and Appellant, v. GENERAL MILLS, INC., a corporation, Defendant and Respondent.
Decided: May 29, 1959
Max E. Gilmore, Los Angeles, Daniel A. Weber, Berverly Hills, for appellant. Gibson, Dunn & Crutcher, Richard H. Wolford, John L. Endicott, Los Angeles, for respondent.
This case falls within the ambit of Desny v. Wilder, 46 Cal.2d 715, 299 P.2d 257. Plaintiff sued to recover upon a contract to pay the reasonable value of an idea submitted to defendant in concrete form, a gadget for use as a premium in one of its products, a 'new children's do-it-yourself item in the photographic field.' Plaintiff did not claim novelty and originality which would make his 'premium item' protectible property within the common law of copyright and plagiarism. He relied upon contract.
A jury awarded plaintiff a recovery in the sum of $35,000. Motion for directed verdict had been made and denied; this was followed by a motion for judgment notwithstanding the verdict, which was granted. Plaintiff has appealed from that order and from the judgment entered pursuant thereto. As the order is not appealable (Schramko v. Saulter, 146 Cal.App.2d 549, 553, 303 P.2d 1061), the attempted appeal therefrom must be dismissed. The merits of the ruling are reviewable upon the appeal from the judgment.
The applicable rule of review is stated in Re Estate of Arnold, 16 Cal.2d 573, 581, 107 P.2d 25, 30: 'The right of the trial court to render a judgment notwithstanding the verdict is the same as its right to grant a nonsuit. Card v. Boms, 210 Cal. 200, 202, 291 P. 190. It may neither grant this motion for a nonsuit nor may it render judgment notwithstanding the verdict if there is any substantial evidence before the court in the first instance in support of plaintiff's case, or in the second instance in support of the verdict rendered by the jury.' Accord: Devens v. Goldberg, 33 Cal.2d 173, 177, 199 P.2d 943; Champion v. Bennetts, 37 Cal.2d 815, 820, 236 P.2d 155. We therefore accept for present purposes all evidence and inferences favorable to plaintiff-appellant.
Plaintiff's proffered premium was a kit for making sun pictures, a thing which he had done as a boy, as had many other boys. It consisted of a black opaque envelope in which were contained a collapsed cardboard holder, a negative consisting of a picture printed on cellophane and two pieces of sensitized paper. The idea was that a child could use this kit to create a picture through his own efforts. The process is simple; the sensitized paper is inserted in the holder and the cellophane printed negative superimposed over it. Upon exposure to the sun the picture of the negative is printed upon the sensitized paper.
Through expenditure of much effort and substantial monies plaintiff had brought this concrete expression of his idea to the point where he thought it marketable. So he called the Los Angeles office of defendant General Mills, Inc., and inquired whether anyone there could purchase premium items and was told to contact Mr. Otis Young of the San Francisco office, that he was the one who could purchase those items. Mr. Young was advertising and sales promotion manager of Sperry Operations, which was a geographical division of General Mills, Inc., and in no sense a separate entity although it was largely autonomous, distributing grocery products in the western portion of the United States. The headquarters of General Mills, Inc. was in Minneapolis. Mr. Young had sole responsibility of procuring premiums for Sperry products but he testified that none of them have appeal for children; that that division did not use 'kids" premiums. Mr. Young had no duty to report his premium activities to the head office, which was located in Minneapolis.
On July 6, 1955, plaintiff wrote Mr. Young advising that 'I have developed a new children's do-it-yourself item in the photographic field. I feel it would make an excellent premium item for your company. * * * I have never offered this to anyone and I would like to make an appointment preferably on a Monday with you and discuss its possibilities.' On the 8th he received from Mr. Young an answer, 'with regard to a premium item which you have developed for us in the children's field.' He also suggested that plaintiff call on him on the 18th. Before that date arrived Young telephoned plaintiff from San Francisco postponing the meeting to July 20th. In that conversation he said that if plaintiff's item was accepted some six to seventeen million of them could be bought. On July 20th plaintiff called at Young's San Francisco office. There was also present Mr. Lawrence D. Dunham who was vice president of an advertising firm which worked with the personnel of General Mills, being in constant touch with Sperry Operations and having nothing to do with General Mills national products. There were also present two other men of the defendant company, 'observers or executives' whose names plaintiff could not remember at the trial. Plaintiff testified: 'After the introductions I told Mr. Young that I would be willing to disclose this premium idea to him if he expressly understood that if he used my premium item I would be paid for it and he agreed. * * * Q. You say 'he agreed.' That is your conclusion. It may be stricken. What did he say? A. He said 'Yes, I would if I used it.'' Plaintiff thereupon disclosed his idea and the kit; demonstrated the making of a picture with it. Young 'was quite surprised at what he saw and they all seemed to be elated with the results. They thought it would be quite a nice premium. They said it would be a nice premium for the youngsters, they would have something that they could make themselves and it would give them satisfaction that they were able to develop their own pictures.' The question of permanency of the picture was raised and plaintiff said it would last possibly six hours to six months if not further exposed to light. He was asked 'whether there was a probability of getting some permanency in the negative. I told them that could be obtained, that I would have to work on that when I arrived back at Los Angeles. They seemed satisfied with what they saw. I left some samples there, I was asked to, and said goodbye to the gentlemen and went on home.' Young's testimony differed in some substantial respects, denying that Teich said that he wanted it understood before showing his premium item that if Young liked it he would be paid for it, or that he told plaintiff that if the item was something that he, Young, liked he would be happy to pay plaintiff for it. But he also testified: 'Q. * * * Well, when he came to the office and displayed his item, did you look at it with the expectation that if you used it, you would pay him for it? A. Pay him for the premium? Q. Yes. A. Certainly.' Again: 'Q. And you knew at that time that he was disclosing it and demonstrating it to you with the expectation if you used it he would receive some compensation for it; isn't that true? A. I always assume that.' Unquestionably plaintiff established a contract on the part of defendant to pay for his idea if used by it. However, from that day Mr. Young ignored him.
On July 22nd plaintiff wrote Young that he had achieved permanency of picture by using a different type of paper and a fixer or hypo. Receiving no response plaintiff waited about a week and then sent a night letter which was almost a duplicate of the communication of the 22nd; it met with silence. Then plaintiff tried to get Young on the telephone but was told he was 'not available.'
In January, 1956, plaintiff saw for the first time a package of General Mills cereal known as Trix which showed on the outside that it contained a 'Magic Sun Picture.' Buying and opening one he found a kit bearing marked similarity to his own. The basic principle was the same but there were differences in details. The negative and paper were smaller in size than plaintiff's; the negative was about one-third of the thickness of his own but it was cellophane, or acetate as respondent calls it. Defendant's negative was printed by rotogravure process, while plaintiff's was done with rubber dies or plates. There were no other substantial differences. Testing showed that the sun picture produced by a Trix kit had no more permanency than plaintiff's own. So marked was the similarity of the two kits that Mr. Young, when he first learned of the Trix premium through a 'planning letter' from the Minneapolis office, was amazed. He testified: 'Well, I would like to give you my reaction when I got this planning letter. Q. Yes. I would appreciate it. A. I thought to myself, 'Holy smoke! Did I miss one out here?' Q. I see. Did you think that Mr. Teich had gone to Minneapolis and sold—A. That's right, yes. Q.—his idea to Minneapolis? A. That's right. And as I recall the premium itself, it was small and to me it appeared something like the one Mr. Teich had.' Also: 'It was, I think, alike in the approximate size of the thing, and generally in the method of handling the thing it seemed to be basically the same procedure.' Young also called Dunham and 'gave him the same reaction. I said, 'Do you suppose we missed one out here?'' Dunham testified: 'I think I can remember his exact words. He said: 'I wonder if we passed something up here. 'Trix' has a premium similar to the one we looked at last summer.''
A showing of access and similarity raises an inference of copying. Golding v. R. K. O. Pictures, Inc., 35 Cal.2d 690, 695, 221 P.2d 95; Kovacs v. Mutual Broadcasting System, 99 Cal.App.2d 56, 65, 221 P.2d 108. The standard for determining similarity is 'the common knowledge of the average reader, observer, spectator or listener.' Stanley v. Columbia Broadcasting System, 35 Cal.2d 653, 662, 221 P.2d 73, 78, 23 A.L.R.2d 216. The last cited case also says, 35 Cal.2d at page 660, 221 P.2d at page 77: 'The problem of similarity between two compositions, whether literary, musical or dramatic, is a question of fact to be determined ultimately by a comparison of the two works upon the basis of the opinion of the average individual possessing a practical understanding of the subject. Although the majority of the decided cases involved a questioned infringement of a copyrighted work, it would seem that the test of whether or not an infringement existed would be the same as the question here involved—the determination of whether or not such similarity exists between plaintiff's and defendant's programs as to suggest to the average person the use by defendant of an idea originating with plaintiff upon proof of the other elements necessary to enable the plaintiff to recover.' Kovacs v. Mutual Broadcasting System, supra, 99 Cal.App.2d 56, 65, 221 P.2d 108, 114: 'The weight to be given the inference as against direct evidence of nonaccess and noncopying is a question for the trier of fact. There can be no copying in the absence of similarity. Whether there are substantial similarities sufficient to give rise to an inference of access and copying is one of fact to be determined by a comparison of the two programs upon the basis of the 'impression received by the average reasonable man.' [Citations.] The implied finding of the jury of similarity is binding upon a reviewing court if supported by substantial evidence. [Citation.]'
Mr. Young's reaction to the Trix kit is enough to show that a question of fact was presented at bar, necessitating an initial assumption by the trial judge and this court that there was copying and use by defendant of plaintiff's idea and its concrete expression contrary to the contract it had made with him. Although Mr. Young denied any communication with the Minneapolis office, or anyone other than Dunham, concerning plaintiff's disclosed idea, and also denied knowing what was occurring in Minneapolis or elsewhere with reference to a sun picture premium idea and kit, his testimony and that of Mr. Dunham was so squarely opposed to plaintiff's upon the principal issue of contract that the jury, disbelieving them in that respect, was entitled to reject the further assertion that his idea was not passed on to the Minneapolis office. There were also other circumstances shown by the transcript which would warrant rejection of the testimony of both Young and Dunham. We must recognize therefore the existence of an inference of copying and use of plaintiff's idea.
Respondent counters this with the argument that that inference was dispelled by evidence which showed conclusively that there was no copying. Reliance is placed upon decisions such as Leonard v. Watsonville Community Hosp., 47 Cal.2d 509, 515, 305 P.2d 36, 39; wherein it is said: 'It is settled that where the evidence raises an inference that a fact exists, and either party produces evidence of the nonexistence of the fact that is clear, positive, uncontradicted and of such a nature that it cannot rationally be disbelieved, the nonexistence of the fact is established as a matter of law. See Blank v. Coffin, 20 Cal.2d 457, 461, 126 P.2d 868. In these circumstances the inference is dispelled as a matter of law, and, if the fact inferred is necessary to establish an essential element of the plaintiff's case, a nonsuit or directed verdict is proper.' Engstrom v. Auburn Auto. Sales Corp., 11 Cal.2d 64, 70, 77 P.2d 1059, 1063, also says that 'an inference is dispelled as a matter of law when it is rebutted by clear, positive, and uncontradicted evidence which is not open to doubt, even though such evidence is produced by the opposite side.' A different rule applies to a presumption (see Leonard decision, supra 47 Cal.2d at page 517, 305 P.2d at page 41), but we here deal with an inference. We have concluded that respondent's position in this regard is soundly taken.
Defendant's proof shows that the idea of sun pictures is an old one; that its adaptation to a premium for cereals and like products because of appeal to children was developed independently and without any knowledge of anything that plaintiff had done or of anything that had passed between plaintiff and Young; that the idea and the kit which were adopted for use in Trix packages were independently conceived and developed by Messrs. Herbert S. Valentine, Jr. and Earl K. Radford, Jr., who conducted an advertising agency in Kansas City under the name Valentine-Radford; neither of them had had any contacts with General Mills prior to writing to the Minneapolis office on May 27, 1955. Defendant produced as witnesses at the trial the following persons who supported the defense thesis, were not contradicted, nor were they impeached by cross-examination or in any other manner, viz., Lowry H. Crites of Minneapolis, who was advertising manager of General Mills for all nationally marketed cereals; James Street of St. Louis (by deposition), who was premium manager of General Mills in Minneapolis throughout 1955; Herbert S. Valentine, Jr. of Kansas City, partner in Valentine-Radford advertising agency, who developed and sold to General Mills the Trix premium. This uncontradicted evidence could not be rejected. In re Estate of Kuttler, 160 Cal.App.2d 332, 337, 325 P.2d 624, 627: "While no universal and immutable formula can be prescribed for determining the weight to be accorded testimonial evidence, it has frequently been said that testimony which is not inherently improbable and is not impeached or contradicted by other evidence should be accepted as true by the trier of fact.' Gomez v. Cecena, 15 Cal.2d 363, 366, 101 P.2d 477, 478. 'It is the general rule that 'the uncontradicted testimony of a witness to a particular fact may not be disregarded, but should be accepted as proof of the fact.' 10 Cal.Jur. § 362, p. 1143; In re Estate of Warner, 167 Cal. 686, 690, 140 P. 583; Hynes v. White, 47 Cal.App. 549, 552, 190 P. 836.' Joseph v. Drew, 36 Cal.2d 575, 579, 225 P.2d 504, 507.' In Hicks v. Reis, 21 Cal.2d 654, 659, 134 P.2d 788, 790, the court stated the general rule that: 'Provided the trier of the facts does not act arbitrarily, he may reject in toto the testimony of a witness, even though the witness is uncontradicted.' But it was further said, 21 Cal.2d at page 660, 134 P.2d at page 791: 'To these well settled rules there is a common sense limited exception which is aimed at preventing the trier of the facts from running away with the case. This limited exception is that the trier of the facts may not indulge in the inference when that inference is rebutted by clear, positive and uncontradicted evidence of such a nature that it is not subject to doubt in the minds of reasonable men. The trier of the facts may not believe impossibilities. When the rebutting testimony is of such a nature that the minds of reasonable men cannot differ on the subject, then the trier of the facts cannot, and should ot be permitted to, indulge in the inference.'
The testimony of Messrs. Crites, Street and Valentine was buttressed by a line of correspondence which plaintiff's attorney stipulated to be genuine, the letters having been sent by the respective writers on or about the dates they bear and received in due course of mail by the respective addressees.
On May 27, 1955, Mr. Valentine wrote to 'Premium Manager, Sales Division, General Mills, Inc.' at Minneapolis, concerning the sun picture kit which he ultimately sold to that company and which was used in Trix cercal. He said: 'A client of ours is about to market a new idea for children that a would appear to have real potential as a premium for a cereal manufacturer. I am not at liberty to send you a sample at this time, but would appreciate some general information for our guidance.' (Incidentally, he was his own 'client.') On June 17 Mr. Street replied, saying in part: 'Perhaps the easiest way to tell whether your client's item is a satisfactory cereal premium, would be to brief me on a non-confidential basis with a few more details. * * * If you would be kind enough to let your hair down and tell me what I'm evaluating, I would be glad to do it. Hoping to hear from you again.' On June 22nd Valentine wrote Street for more information concerning General Mills' use of premiums. This information was sent him by Street on June 29th. A month later, on July 29th, Valentine sent to Street a brochure disclosing the details of his sun pictures, also a negative and some film. This was his first disclosure. This was followed by additional correspondence of August 11th and August 18th. Mr. Street evaluated Valentine's product, which was called 'Sun Pix', and concluded that it was a good item, not new, but met all requirements, and that he would recommend it for use if the opportunity came along. Then there was an agreed 'option', extending for a reasonable time, to enable General Mills to decide whether to buy; this by letter of August 19th. After more letters extending through the rest of the year, a sale was made by Valentine to General Mills and the first purchase order was received by him on January 16, 1956. It was an order for 6,250,000 'Sun Pix' premium packages. Sales of kits were then made to General Mills in an aggregate amount of $70,000 to $72,000.
Though the differences between plaintiff's kit and that found in Trix packages were insignificant, that portion of the stipulated correspondence which relates to minutiae of 'Sun Pix' has a definite probative bearing upon the question of independent development by the firm of Valentine-Radford. Before plaintiff's disclosure to Young on July 20, 1955, the following letters passed between Valentine-Radford and third parties.
On June 1, 1955, Valentine-Radford wrote to Walt Disney Enterprises inquiring about the use of Disney characters and the Disney name on their package. In this letter it is stated: 'I have worked out a novel kit for children that enables them to reproduce photographs from film. The kit will probably contain five films and will retail for 50¢.' [This ties in with their first letter to General Mills, dated May 27, 1955, in which they do not disclose what their suggested premium item is, other than that it is a new idea for children, approximately 2″ x 2″, which would retail for 50¢.]
On the same date, June 1st, they also wrote to Holiday Plastics, Inc. asking for prices on different quantities and weights of acetate. The letter indicates a prior meeting between these parties at which the 'project' was discussed.
On June 9, 1955, Valentine received a letter from Eastman Kodak Company (a follow-up to its letter of June 1) advising that they had referred 'your problem of a suitable method for packaging 2″ x 2″ Kodak Studio Proof Paper along with a film negative to our Paper Division Laboratories for investigation,' and requesting further information.
On June 13, 1955, Valentine-Radford was advised by letter that a search of the Patent Office records had been made with regard to the trade-mark 'Sun Pix' and that same was open for use.
June 22, 1955, Valentine-Radford wrote to Highland Supply Company requesting prices for printing on acetate, stating 'I am interested in printing on acetate photos similar to the attached sample. These halftones would be printed in black ink at least 120 line screen and trimmed 2″ square. They would be printed on Dupont acetate film No. 200 in the rigid variety to equivalent in some other make. * * * This printing could be done either rotogravure or letterpress, depending upon the quality and your equipment. * * * I would also like to receive from you samples of the acetate on which you make your estimates.'
On July 7, 1955, Milprint, Inc., of Milwaukee, Wisconsin, a company engaged in packaging materials, lithography and printing, wrote to Valentine & Radford, per request, quoting prices on three different gauges of Acetate, to be 'printed 1 color 1 side * * * trim size 2 inches by 2 inches. * * * It is our understanding that a retouched photograph will be furnished to us. The plates would be charged extra at $85.'
We are satisfied that defendant proved conclusively the fact of independent development of 'Sun Pix' by Valentine and his partner, and an independent sale of same to General Mills; that this business was conducted entirely through the Minneapolis office without knowledge of plaintiff's idea, kit or contract with Young of the Sperry division.
Our problem is thus narrowed to the question whether the defense of purchase from an independent developer of an item closely similar to plaintiff's is a good defense. In other words, does proof that there was no copying of plaintiff's product make a complete defense, although the thing actually used by defendant was closely similar to the one which plaintiff had presented to it? The authorities require an affirmative answer.
Respondent calls attention to this language of the Desny case, supra, 46 Cal.2d 715, 743, 299 P.2d 257, 272: 'Defendants had an unassailable right to have their own employes conduct the research into the Floyd Collins tragedy—an historical event in the public domain—and prepare a story based on those facts and to translate it into a script for the play.' This was part of a general discussion of 'The Law Pertaining to Literary Property' and seems to recognize the rule established by the authorities hereinafter cited. At page 749 of 46 Cal.2d, at page 277 of 299 P.2d, it is also said: 'For the purposes of appellate review of this summary judgment proceeding it is apparent from the comparisons above tabulated, and from the outlines which are set out in the margin, that a factual issue, rather than one of law, is presented as to whether defendants used plaintiff's synopsis or developed their production independently thereof.'
Golding v. R. K. O. Pictures, Inc., supra, 35 Cal.2d 690, 696, 221 P.2d 95, 98: 'If it is established that the plaintiff has a protectible property in his literary work, and there was copying, the elements of liability for infringement or piracy are established and all that remains is the determination of damages.' Of course, plaintiff's contract supplied a substitute for the missing element of inherent protectibility which was under discussion in the Golding case.
The solution of the question of whether proof of absence of copying establishes a complete defense is governed by the same principle whether the action be one for infringement of a statutory copyright or a 'common law' copyright. See, Golding v. R. K. O. Pictures, Inc., supra, 35 Cal.2d 690, 695, 221 P.2d 95; dissent of Mr. Justice Traynor in Stanley v. Columbia Broadcasting System, supra, 35 Cal.2d 653, 683, 221 P.2d 73, 23 A.L.R.2d 216.
Barsha v. Metro-Goldwyn-Mayer, 32 Cal.App.2d 556, 561, 90 P.2d 371, 374: 'If such similarities be shown as to justify an inference of copying of protectible material it is necessary to prove only that a substantial part of plaintiffs' manuscript was copies to sustain liability on the part of appellants.' Concerning the instructions the court said, 32 Cal.App.2d at page 565, 90 P.2d at page 376: '[I]n numerous other instructions it was made clear to the jury that if appellants had independently conceived and prepared a composition which was not taken or copied from plaintiffs' work they would not be liable to plaintiffs for damages. * * * They would have been more than stupid if they believed that they could return a verdict for plaintiffs without a finding on their part that appellants had used plaintiffs' composition in the preparation of the photoplay.' The judgment was affirmed.
Harold Lloyd Corporation v. Witwer, 9 Cir., 65 F.2d 1, 4: 'That there are similarities between the play and the story is manifest and we proceed to consider the legal significance of such similarities. The primary question is whether these similarities resulted from copying the story; if not, the similarities are without legal significance. The secondary question is whether the similarities are themselves so marked as to prove by such circumstantial evidence the fact of copying, in the teeth of a denial thereof by those who produced the play.
"There can be no infringement unless there has been a copying either in whole or in part of the copyrighted work. Some copying is necessary to constitute infringement.' 13 C.J. § 277, note 41, and cases.
"Since there can be no infringement of copyright without some copying the mere fact of similarity or even identity between two works does not of itself make one an infringement of the other.' 13 C.J. § 278.
'The rule is well stated by Judge Learned Hand in the case of Fisher, Inc., v. Dillingham, D.C., 298 F. 145, 147: 'To sustain it [an infringement suit], however, more must appear than the mere similarity or even identity, of the supposed infringement with the part in question. In this lies one distinction between a patent and a copyright. One may infringe a patent by the innocent reproduction of the machine patented, but the law imposes no prohibition upon those who, without copying, independently arrive at the precise combination of words or notes which have been copyrighted.'' (Emphasis added.)
18 C.J.S., Copyright and Literary Property § 94b, page 216: 'There can be no infringement unless there has been a copying, either in whole or in part, of the copyrighted work, and hence the mere fact of similarity, or even identity, between two works does not of itself make one an infringement of the other. * * * As stated supra § 25, both works may be entitled to copyright, although identical, if each is an original and independent production, and similarity or identity is merely evidence of copying—more or less strong according to circumstances and the explanations which may be made of it, as shown infra § 156. It is only where the similarity or identity is due to copying from the copyrighted work that the later work may be deemed an infringement.' Id. § 111, page 227: 'Test of piracy. It has been laid down as the clear result of the authorities in cases of this nature that the true test of piracy is to ascertain whether the author of the alleged piratical work has in fact used the plan, arrangement, and illustrations of the copyrighted work as the model of his own work, with colorable alterations and variations only, to disguise the use thereof, or whether the work is the result of his own labor, skill, and use of common materials and common sources of knowledge open to all men, and whether the resemblances are either accidental or arising from the nature of the subject. The question is always simply one of fact, whether defendant copied the matter from complainant's book or obtained it by his own skill and labor from the common source.'
23 A.L.R.2d 244, 369, par. 42: 'Anno: Literary or Artistic Property Rights': 'If defendant created his work by independent effort or bought a work created independently of any other work, the fact that the work strongly resembles plaintiff's work does not amount to an infringement, for there is no copying. See § 28, supra.' See, also, § 29, at page 340.
To the same effect are: Moore v. Ford Motor Co., 2 Cir., 43 F.2d 685, 687–688; O'Rourke v. R. K. O. Radio Pictures, D.C. Mass, 44 F.Supp. 480, 482–483; Chautauqua School of Nursing v. National School of Nursing, 2 Cir., 238 F. 151, 153; Christie v. Harris, D.C., 47 F.Supp. 39, affirmed Christie v. Cohen, 2 Cir., 154 F.2d 827; 329 U.S. 734, 67 S.Ct. 97, 91 L.Ed. 634; Greenbie v. Noble, D.C.S.D.N.Y., 151 F.Supp. 45, 68; Fred Fisher, Inc. v. Dillingham, D.C.S.D.N.Y., 298 F. 145, 151–152; Wilkie v. Santly Bros., 2 Cir., 91 F.2d 978, 979; Smith v. Berlin, 207 Misc. 862, 141 N.Y.S.2d 110, 114–115; Vernon v. Sam S. & Lee Shubert, D.C.N.Y., 220 F. 694, 695–696; Bachman v. Belasco, 2 Cir., 224 F. 817, 818; Walling v. American Rolbal Corporation, 2 Cir., 135 F.2d 1003.
In the instant case it follows from the absence of copying that plaintiff has no cause of action. As the Supreme Court said in Dun v. Lumbermen's Credit Ass'n, 209 U.S. 20, 22, 28 S.Ct. 335, 336, 52 L.Ed. 663: 'Here seems to be no attempt to coin money out of another's labor.' The granting of the motion for judgment non obstante was not erroneous.
Appeal from order dismissed. Judgment affirmed.
ASHBURN, Justice.
FOX, P. J., and HERNDON, J., concur.


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redpajama_set_name: RedPajamaCommonCrawl


KNOXVILLE, TN, June 30, 2010 — Waves Audio announces the launch of a new ongoing monthly feature titled "Processing Waves,� which spotlights key users of Waves processing products in the live, music/recording, post production, gaming and broadcast market sectors. Processing Waves features short notes on some of the latest industry professionals using Waves in the studio and on the road. The following is the first of these features.
5 and Aerosmith) will be using MetaFlanger and Enigma for use on Steven Tyler's vocal channel for Aerosmith's upcoming shows. Tim Mulligan (FOH for Neil Young and engineer at Neil Young's Redwood Studios) and David Lohr (Recording and Systems Tech for Neil Young live and at Redwood Studios) have been using Waves live for years and have recently purchased MultiRack. Live dealer and sound company Eight Day Sound recently purchased another Live Bundle specifically for use with Roger Daltrey.
In the European market, renowned French FOH engineer Stephane Plisson purchased MultiRack Native with C4, CLA-2A, Renaissance DeEsser, V-Comp, S1, MondoMod, LoAir, Doubler, IR-L and H-Delay for a tour with legendary French artist Marc Lavoine. Stephane Plisson is mixing on a Studer Digital mixer. Yaron Goren, FOH for Aviv Geffen, is touring Europe with German artist Nena on an arena tour. Yaron purchased MultiRack Native, Gold bundle, SSL 4000 Collection and the MaxxBCL hardware unit for the output control. Snake Newton, FOH for British pop singer Robbie Williams, recently purchased Vocal Rider. Finally, Bjoern Seelaender, System Tech with sound reinforcement company Major Tom, bought MultiRack Native and updated his Gold bundle. Bjoern will serve as System Tech for Rod Stewart's 2010 summer tour.
Chicago-based voiceover actor Pete Stacker (whose credits include work for Comedy Central, Budweiser and the Second City) has been using Waves Gold and Renaissance Maxx. Additionally, video game developer Vicarious Visions, who has partnered with Activision for the highly successful Guitar Hero and Band Hero games, recently purchased 15 Waves Silver Bundles. Finally, Josh Linton, Audio Designer at BigPark, a video game developer based in Vancouver, British Columbia, has been using his Waves Horizon bundle on upcoming projects.
For more information please visit www.waves.com.


A quality fishing harness for fighting the biggest fish by Italian big game tackle experts, Alutecnos.
The Alutecnos Fighting harness is designed to ride on your lower back and upper buttocks, putting pressure mid body for maximum pulling efficiency and support.
Pairing this harness with the stand-up fighting belt gives fisherman a great combination for stand-up big game fishing.


This amazing villa is located on the hillside of Sierra Blanca and its perfect location gives you the opportunity to enjoy the amazing views over the Mediterranean and Marbella city, as well as everything you could need a short drive away.
The villa is divided over 3 levels - on the entry level you will enter the house into the hall and find the kitchen, laundry room, two living rooms, one dining room and one bedroom with en-suite bathroom.
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2009-02-26 Assigned to CISCO TECHNOLOGY, INC. reassignment CISCO TECHNOLOGY, INC. ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS). Assignors: VIOLA NETWORKS, LTD.
A method for testing a communication network includes transmitting a flow of test packets over a path through the network. The flow includes a series of bursts of the test packets separated by intervals having an interval duration, each burst comprising a sequence of the test packets and having a burst duration less than the interval duration. Arrival characteristics of the test packets in the flow are measured at a receiving end of the path. The arrival characteristics include at least one of a packet loss characteristic, a packet delay characteristic, and a packet jitter characteristic. A quality defect in the network is detected based on the measured arrival characteristics.
The present invention relates generally to digital communication networks, and specifically to testing performance characteristics of packet communication networks.
Various tools are known in the art for automated testing of packet network performance. For example, U.S. Pat. No. 5,812,529, whose disclosure is incorporated herein by reference, describes a system and method for acquiring network performance data, built around a "mission server," which interfaces with clients to receive requests for "missions." A typical mission includes operations such as transmission and reception of data packets among devices connected to segments of the network. The mission is performed and/or supported by "sentries," typically software agents running on stand-alone network devices or end-points. The sentries carry out mission operations in response to commands from the mission server, and report back to the mission server on the mission results.
U.S. Pat. Nos. 5,838,919 and 5,881,237, whose disclosures are incorporated herein by reference, describe methods, systems and computer program products for testing of network performance using test scenarios that simulate actual communications traffic between network endpoints. Specific test protocols are assigned to endpoint nodes on the network. Typically, the nodes are paired, and one of the nodes in the pair communicates the protocol to the other, associated node. A console node sets up the test protocols, initiates their execution and receives data on the test performance from the endpoint nodes.
U.S. Pat. No. 6,269,330, whose disclosure is incorporated herein by reference, describes a method and apparatus for testing a network having a plurality of nodes. The method includes sending commands to one or more traffic agents connected to the network and to at least one network management agent coupled to a respective node of the network, transmitting data from at least one of the traffic agents over the network responsive to the commands, determining network information at the at least one network management agent responsive to the commands and to transmission of the data through the respective node, and receiving and evaluating the network information to assess a state of the network. Aspects of the methods described in U.S. Pat. No. 6,269,330 are embodied in an Active Testing Framework (ATF) known as NetAlly™, available from Viola Networks (Yokneam, Israel).
PCT Patent Publication WO 01/82022 A2, whose disclosure is incorporated herein by reference, describes a method for testing of a communication network using a plurality of traffic agents. The method includes transmitting a sequence of data packets via the network from a first traffic agent to a second traffic agent, and recording arrival characteristics of the packets responsively to receiving the packets at the second traffic agent. The arrival characteristics of different packets in the sequence are compared so as to determine a measure of variability in transmission of the packets via the network.
Real-time packet network applications, such as Voice over Internet Protocol (VoIP) communications, require consistent high-quality end-to-end transmission, with low levels of transmission quality defects such as packet loss, jitter and delay. As network conditions may change over time, it is desirable to monitor transmission quality continuously, or at least periodically, in order to verify that adequate quality is maintained. VoIP transmission quality can be monitored, for example, by transmitting packets that simulate VoIP calls between network endpoints and measuring the arrival characteristics of the packets, as described, for example, in the above-mentioned PCT patent publication. The simulated packet traffic, however, tends to strain the resources of the very network switches that it is meant to test, and may therefore cause unacceptable quality reduction in actual VoIP calls between network users during the test.
Embodiments of the present invention provide methods and systems for testing network performance while minimizing the impact of the testing on actual network user traffic. In the disclosed embodiments, a transmitting network node transmits one or more bursts of packets over the network to a receiving node. Each burst comprises a sequence of packets that follow one another closely, so as to emulate the characteristics of continuous packet traffic, such as real-time VoIP traffic. The receiving node measures the arrival characteristics of the packets in each burst and thus provides a representative sampling of the response of the network to continuous traffic. On the other hand, the overall duration and duty cycle of the bursts is sufficiently low so that the impact on user traffic is minimal.
Although the embodiments described herein are directed mainly to monitoring transmission quality of specific types of real-time packet traffic, and especially VoIP traffic, the principles of the present invention are not limited to any particular type of traffic and may be used generally in a wide range of network testing and monitoring applications.
detecting a quality defect in the network based on the measured arrival characteristics.
In disclosed embodiments, transmitting the flow includes generating the test packets so as to emulate, within each burst, packet transmission characteristics of a specified real-time protocol, wherein generating the test packets includes determining a packet size and data rate of the test packets within each burst so as to emulate a codec used in the real-time protocol. Typically, the real-time protocol includes a Voice over IP (VoIP) protocol.
In some embodiments, the burst duration is no more than one tenth of the interval duration. Additionally or alternatively, the burst duration is no more than 1 sec, and each burst includes no more than fifty of the test packets.
In a disclosed embodiment, detecting the quality defect includes computing a statistical feature of the arrival characteristics of the test packets over the series of the bursts while disregarding the arrival characteristics of one or more initial test packets in each burst.
a testing center, which is coupled to instruct at least the first traffic agent to transmit a flow of test packets over the path through the network, the flow including a series of bursts of the test packets separated by intervals having an interval duration, each burst including a sequence of the test packets and having a burst duration less than the interval duration, and to instruct at least the second traffic agent to measure arrival characteristics of the test packets in the flow at a receiving end of the path, the arrival characteristics including at least one of a packet loss characteristic, a packet delay characteristic, and a packet jitter characteristic, wherein the testing center is adapted to detect a quality defect in the network based on the measured arrival characteristics.
a testing center, which is coupled to instruct at least the first traffic agent to transmit a burst of test packets over a path through the network, the burst including a sequence of no more than fifty of the test packets and having a burst duration no greater than 1 sec, and to instruct at least the second traffic agent to measure arrival characteristics of the test packets in the burst at a receiving end of the path, the arrival characteristics including at least one of a packet loss characteristic, a packet delay characteristic, and a packet jitter characteristic, wherein the testing center is adapted to detect a quality defect in the network based on the measured arrival characteristics.
There is moreover provided, in accordance with an embodiment of the present invention, a computer software product for testing a communication network in conjunction with first and second traffic agents, which are coupled to respective end points of a path through the network, the product including a computer-readable medium in which program instructions are stored, which instructions, when read by a computer, cause the computer to instruct at least the first traffic agent to transmit a flow of test packets over the path through the network, the flow including a series of bursts of the test packets separated by intervals having an interval duration, each burst including a sequence of the test packets and having a burst duration less than the interval duration, and to instruct at least the second traffic agent to measure arrival characteristics of the test packets in the flow at a receiving end of the path, the arrival characteristics including at least one of a packet loss characteristic, a packet delay characteristic, and a packet jitter characteristic, wherein the instructions cause the computer to detect a quality defect in the network based on the measured arrival characteristics.
There is furthermore provided, in accordance with an embodiment of the present invention, a computer software product for testing a communication network in conjunction with first and second traffic agents, which are coupled to respective end points of a path through the network, the product including a computer-readable medium in which program instructions are stored, which instructions, when read by a computer, cause the computer to instruct at least the first traffic agent to transmit a burst of test packets over a path through the network, the burst including a sequence of no more than fifty of the test packets and having a burst duration no greater than 1 sec, and to instruct at least the second traffic agent to measure arrival characteristics of the test packets in the burst at a receiving end of the path, the arrival characteristics including at least one of a packet loss characteristic, a packet delay characteristic, and a packet jitter characteristic, wherein the instructions cause the computer to detect a quality defect in the network based on the measured arrival characteristics.
FIG. 4 is a flow chart that schematically illustrates a method for network testing, in accordance with an embodiment of the present invention.
FIG. 1 is a block diagram that schematically illustrates a distributed testing system 20, which is used to perform diagnostic testing and monitoring on a network 22, in accordance with an embodiment of the present invention. Network 22 may comprise substantially any sort of packet network known in the art, such as a local- or wide-area network (LAN or WAN) or a combination of such networks. Network 22 comprises switching hardware, represented schematically in FIG. 1 as switches 24, 26, 28 and 30. Typically, the switches comprises LAN hubs or Internet Protocol (IP) routers, as are known in the art, although the principles of the present invention are also applicable in other protocol environments. Switches 24, 26, 28 and 30 define a communication path through network 22.
Testing system 20 comprises nodes that are configured as end-point traffic agents 32 and 34, which in this example are coupled to ports of switches 24 and 30 at the end points of the path through network 22. Typically, traffic agents 32 and 34 may serve as both traffic generators, transmitting test packets through the network, and as traffic analyzers, receiving the test packets and assembling information regarding the received packets, as described in detail hereinbelow. The traffic agents are typically implemented as software processes running on host computers connected to the network. These host computers may optionally comprise add-on hardware devices to accommodate the needs of the traffic agents. Alternatively or additionally, traffic agents may be implemented as stand-alone devices, independent of host computers. As a further option, traffic agents 32 and 34 may comprise Cisco Service Assurance Agents (SAAs), which are deployed in conjunction with network equipment produced by Cisco Systems (San Jose, Calif.), or other, similar sorts of agents offered by other vendors. The SAAs may be programmed to carry out the functions of the traffic agents that are described hereinbelow.
Testing system 20 may also comprise one or more network agents 38, which are associated with one or more of the switches in network 22 (in this example, switches 26 and 28). These and other aspects of testing systems using traffic agents and network agents are described in the above-mentioned U.S. Pat. No. 6,269,330 and PCT Patent Publication WO 01/82022.
System 20 further comprises a testing center 36, which is typically implemented as a software process executed on a network management host. Testing center 36 may run on the same host as one of traffic agents 32 and 34 or on a different host. The software for the testing center, as well as software for carrying out the functions of the traffic agents, is typically conveyed to the respective computers via network 22. Alternatively or additionally, the software may be supplied on tangible media, such as CD-ROM, for installation on the respective computers. Typically, testing center 36 communicates through network 22 with one or more of the traffic agents, as well as with network agents 38. Alternatively or additionally, different communication means, independent of network 22, such as modem dialup lines or separate Internet connections, may be used to communicate with some or all of the traffic agents.
Testing center 36 typically conducts the tests that are described hereinbelow by transmitting appropriate commands to traffic agents 32 and 34 and, optionally, to network agents 38. Subsequently the testing center receives reports from the agents. The testing center processes the reports, evaluates performance of network 22 based on the reports, and displays the test results to a network operator. The tests may be initiated by the operator, or they may be carried out automatically by the test center periodically and/or when a fault condition is suspected. When the tests are carried out automatically, and a fault condition is detected, the testing center may generate an alarm in order to notify the operator that a fault has occurred.
FIG. 2 is a block diagram that schematically shows details of traffic agent 32, in accordance with an embodiment of the present invention. Traffic agent 34 and testing center 36 may be similarly constructed. As noted above, the traffic agent typically comprises a computer, which comprises a processor 50 and a network interface 52 for communicating with network 22. When the traffic agent conducts a test, processor 50 stores test results in a memory 54 and then processes and passes the results to the testing center for analysis. The results of the analysis are displayed on an output device 56, such as a computer monitor.
FIG. 3 is a timing diagram that schematically illustrates a sequence 60 of test packets 62 transmitted by one of traffic agents 32 and 34, in accordance with an embodiment of the present invention. (This sort of sequence may be transmitted by either of the traffic agents or by both traffic agents, in succession or simultaneously.) Packets 62 are transmitted in a series of bursts 64, 68, 70, . . . , separated by intervals of duration T. In order to reduce the impact of the test packets on user traffic carried concurrently by network 22, the duration of each burst is substantially less than the interval T. Typically, each burst lasts no more than 1 sec and contains no more than 50 packets, while the interval between bursts is 6 sec or more. Alternatively, other test parameters may be chosen. It is desirable (although not essential) that the interval duration be at least ten times the burst duration. As a result, even if users do experience some disturbance of service as a result of transmission of sequence 60, the disturbance will be brief and transient.
The packet parameters, such as packet size and data rate, are typically chosen so as to emulate a certain type of network traffic with respect to which the performance of network 22 is to be tested. In one embodiment, in order to emulate VoIP traffic, packets 62 comprise Real-Time Protocol (RTP) packets, whose size and data rate are chosen according to a certain codec used in VoIP. For example, if the G.723 codec is chosen for emulation, each of packets 62 comprises 24 bytes of payload data at an overall data rate during each burst of 6.4 kbps, i.e., 33 packets/sec. Other codecs may be used in the same manner, with concomitant variations in the packet size and rate. Sequence 60 may typically comprise eighteen bursts 64, 68, 70, . . . , separated by intervals T of 10 sec, so that the overall duration of the sequence is 3 min, similar to a typical telephone call. In another example, thirty bursts of twenty-five packets each are separated by intervals T of 6 sec. As a result of the appropriate choice of test parameters, collection of packet arrival statistics over the entire sequence will yield a statistical distribution of results that is similar to that encountered in a call placed by a network user. Alternatively, longer or shorter sequences of bursts may be used.
Because packets 62 are transmitted in bursts, buffers and queues in switches 24, 26, 28, . . . , along the packet path may be empty when the initial packets in each burst arrive. The initial packets "prime" the buffers and queues for the later packets in each burst, so that the later packets encounter actual call conditions, including latency (delay), jitter and packet loss that may occur when a buffer or queue is full. (For this reason, packets 62 are transmitted in bursts, rather than being spaced evenly over the duration of the test transmission.) Therefore, the arrival characteristics of the initial packets in each burst may not be meaningful in assessing network performance under actual call conditions. Consequently, when the test results are analyzed, a certain number of initial packets 66 in each burst may be disregarded. In a typical test, each burst comprises eight packets (i.e., a burst duration of 240 ms using G.723), and the first three packets in each burst are disregarded. These test parameters are cited only by way of example, and larger or smaller values may be used, as well.
Misordering (receipt of packets out of order, relative to the order of transmission).
Loss burstiness (the extent to which lost packets are bunched together in the packet sequence).
Exemplary methods for measuring these characteristics are described in the above-mentioned PCT Patent Publication WO 01/82022. Alternatively or additionally, any other arrival characteristics that are known in the art may be measured, and other measurement methods may be used.
To begin the test, test center 36 instructs traffic agents 32 and 34 to allocate ports for sending and receiving test packets, at a port allocation step 80. The traffic agent software running on the respective nodes detects free ports that can be used for the test and then takes possession of the ports for the duration of the test.
Because some of the measured arrival characteristics, such as the delay, are time-dependent, the local clocks of the traffic agents are calibrated before carrying out the actual tests, at a clock calibration step 82. For this purpose, traffic agent 32 transmits a stream of packets, typical User Datagram Protocol (UDP) packets, to traffic agent 34, and traffic agent 34 echoes the packets back to traffic agent 32. Each traffic agent adds a timestamp to each packet that it sends, indicating the time of transmission, and records the times of arrival of the packets that it receives. By comparing the transmission timestamps to the arrival times of the packets at each traffic agent, a raw (uncalibrated) average one-way path delay may be calculated. Under light traffic conditions, the queuing delay along the path is small in both directions. The propagation delay, which is not affected by the traffic, is either small (when traversing a LAN, for example) or is at least approximately symmetrical (typical in WANs, in which routing decisions are symmetrical). Therefore, in such situations, the difference in the average raw one-way path delays measured by the two traffic agents is indicative of the clock offset between the two traffic agents and the symmetrical propagation delay. This clock offset is computed based on the measured path delays and is used subsequently in accurately measuring the path delay under heavy traffic conditions.
Once the clocks have been calibrated, testing center 36 instructs traffic agent 32 to transmit test sequence 60, at a transmission step 84. The test sequence comprises N bursts of K packets each, with a given packet size and data rate, spaced by intervals of T sec, as described above. The values of these test parameters may be pre-programmed in the traffic agent software or may be specified in the instructions sent from the testing center.
Traffic agent 34 receives and measures the arrival characteristics of the packets in the test sequence, at a measurement step 86. In an exemplary embodiment, traffic agent 34 measures the average delay, average jitter, and fraction of packets lost. Alternatively or additionally, other parameters may be measured, such as those listed above, as well as other arrival characteristics that are known in the art. As noted above, in computing averages and other statistical measures of the arrival characteristics, traffic agent 34 typically ignores initial packets 66, wherein the number of initial packets to ignore may also be pre-programmed or specified by the testing center.
Optionally, testing center 36 may instruct traffic agent 34 to transmit similar test sequences to traffic agent 32, either simultaneously with or subsequent to the transmission at step 84.
Traffic agent 34 (and possible traffic agent 32, as well) passes the test results to testing center 36, at a reporting step 88. The testing center processes and saves the results and analyzes the results over time in order to generate reports to the system operator. For example, in VoIP-related testing, the testing center may compute a mean opinion score (MOS), which is a standard indicator of line quality, based on the measured arrival characteristics, and may then display a plot of MOS over time. The MOS may be computed for each codec that is simulated by a corresponding test packet sequence. The testing center may then determine and display the percentage of the simulated calls for each codec for which the MOS was above a predetermined threshold. Low MOS scores indicate to the operator that call quality is inadequate, so that corrective action should be taken. In this case, the operator may evaluate local transmission characteristics monitored by network agents 38 in order to localize the source of the problem. Other test statistics may be reported and evaluated in like manner.
Although the embodiments described hereinabove are directed mainly to monitoring transmission quality of specific types of real-time packet traffic, and especially VoIP traffic, the principles of the present invention are not limited to any particular type of traffic and may be used generally in a wide range of network testing and monitoring applications. Other exemplary applications include video conference over IP (VCoIP) and broadcast video over IP (IPTV). It will thus be appreciated that the embodiments described above are cited by way of example, and that the present invention is not limited to what has been particularly shown and described hereinabove. Rather, the scope of the present invention includes both combinations and subcombinations of the various features described hereinabove, as well as variations and modifications thereof which would occur to persons skilled in the art upon reading the foregoing description and which are not disclosed in the prior art.
determining whether call quality over the communication network is inadequate based on a percentage of bursts in the series for which the corresponding MOS is lower than the predetermined threshold.
2. The method according to claim 1, wherein the burst duration is no more than one tenth of the interval duration.
3. The method according to claim 1, wherein the burst duration is no more than 1 sec.
4. The method according to claim 1, wherein each burst comprises no more than fifty of the test packets.
determine whether call quality over the communication network is inadequate based on a percentage of bursts in the series for which the corresponding MOS is lower than the predetermined threshold.
DSLREPORTS.com, http://web.archive.org/web/20000620184719, Published by WaybackMachine, Jun. 6, 2000, 2 pages.
DSLREPORTS.com, http://web.archive.org/web/20001006044612, Published by WaybackMachine, Oct. 6, 2000, 2 pages.
Hernandez, "Gigabit Ethernet Auto-Negotiation", Dell(TM) Power Solutions (Issue 1, 2001), pp. 117-122.
Hernandez, "Gigabit Ethernet Auto-Negotiation", Dell™ Power Solutions (Issue 1, 2001), pp. 117-122.


text:
Bedřich Procházka (4 July 1855 in Rakovník – 3 January 1934 in Prague) was a Czechoslovak mathematician. He was granted an honorary doctorate from the Czech Technical University in Prague in 1925.

References

1855 births
1934 deaths
People from Rakovník
People from the Kingdom of Bohemia
Czech mathematicians

redpajama_set_name: RedPajamaWikipedia


text:
Q: 'Unable to find assembly 'System.Diagnostics.DiagnosticSource, Version=4.0.2.1 In MVC Visual Studio 2017 SignalR 'Unable to find assembly 'System.Diagnostics.DiagnosticSource, Version=4.0.2.1
In SignalR i found this problem 'Unable to find assembly 'System.Diagnostics.DiagnosticSource, Version=4.0.2.1 in mvc Visula Studio 2017
in  SqlDependency.Start show error System.Runtime.Serialization.SerializationException: 'Unable to find assembly 'System.Diagnostics.DiagnosticSource, Version=4.0.2.1, Culture=neutral, PublicKeyToken=cc7b13ffcd2ddd51'.'
HomeController.cs
using System;
using System.Collections.Generic;
using System.Configuration;
using System.Data;
using System.Data.SqlClient;
using System.Linq;
using System.Web;
using System.Web.Mvc;
using System.Web.Services;
using System.Web.UI.WebControls;

namespace SocketinMVC.Controllers
{
    public class HomeController : Controller
    {
        public ActionResult Index()
        {
            return View();
        }

        public ActionResult About()
        {
            ViewBag.Message = "Your application description page.";
            GetData();
            return View();
        }

        public ActionResult Contact()
        {
            ViewBag.Message = "Your contact page.";

            return View();
        }

        [WebMethod]
        public static IEnumerable<Products> GetData()
        {

            using (var connection = new SqlConnection(System.Web.Configuration.WebConfigurationManager.ConnectionStrings["DataBase"].ConnectionString))
            {
                connection.Open();
                using (SqlCommand command = new SqlCommand(@"SELECT  [id],[back1],[lay1] FROM [SignalrMVC].[dbo].[test33]", connection))
                {
                    // Make sure the command object does not already have
                    // a notification object associated with it.
                    command.Notification = null;
                   SqlDependency.Start(ConfigurationManager.ConnectionStrings["DataBase"].ConnectionString);
                    SqlDependency dependency = new SqlDependency(command);
                    dependency.OnChange += new OnChangeEventHandler(dependency_OnChange);

                    if (connection.State == ConnectionState.Closed)
                        connection.Open();

                    using (var reader = command.ExecuteReader())
                        return reader.Cast<IDataRecord>()
                            .Select(x => new Products()
                            {
                                id = x.GetInt32(0),
                                Back1 = x.GetString(1),
                                Lay1 = x.GetString(2)
                            }).ToList();
                }
            }
        }
        public static void dependency_OnChange(object sender, SqlNotificationEventArgs e)
        {
            MyHub.Show();
        }

    }
}

connectionStrings
 <connectionStrings>
    <add name="DataBase" providerName="System.Data.SqlClient" connectionString="Data Source=DESKTOP-5I7L9G0\SEKHANISQL;Initial Catalog=SignalrMVC;Integrated Security=True" />
  </connectionStrings>

A: please check your connection String in your web.config file.
I hope its helfull

redpajama_set_name: RedPajamaStackExchange


One of our greatest teachers of natural medicine, Gerard Geuniot, would say, "Physiology over Pathology." He asserts that we need to understand how you got sick, rather than just labeling your disease. All of us in the clinic focus on discovering the underlying causes of the illness you come in with. This process includes understanding who you are as an individual. The list of conditions on this page can never be complete: Manifestations of illness are as unique as the people we treat. Whether you have an acute injury or flu, or have had a chronic autoimmune condition, there are a number of practitioners here to help.


Alongside the all-too-visible deforestation, the Amazon is facing an invisible but increasing threat from mercury pollution according to a new WWF report released today at the 2nd Conference of the Parties to the Minamata Convention on Mercury in Geneva, Switzerland.
Healthy Rivers, Healthy People highlights the dangers mercury pollution poses across the Amazon and calls for urgent action to reduce the use of mercury in small-scale gold mining to protect the world's largest river system and the people and species that depend on it.
According to the report, mercury, classified as "one of the top ten chemicals of major public health concern" by the World Health Organization (WHO), is estimated to have negatively affected the health of over 1.5 million people in the region already, while threatening the health and livelihoods of millions more through air and water pollution and plant and animal contamination.
Around the world, freshwater species populations have suffered the greatest decline since 1970 according to WWF's recent Living Planet Report – a catastrophic 83 per cent fall on average. The findings of Healthy Rivers, Healthy People indicate that this trend is unlikely to be reversed in the Amazon unless mercury pollution is tackled. One study cited in the report found that 81 per cent of carnivorous fish had detectable levels of mercury, while another showed that 26 per cent of river dolphins had mercury levels above the recommended World Health Organization level for people.
"Ratification of the Minimata Convention was a first step but now the Amazon countries need to put in place the right investment, regulatory framework and enforcement to tackle mercury pollution and protect Amazon's unique biodiversity and local populations," said Surkin. "As countries meet this week in Geneva and also at the UN Biodiversity Conference in Egypt, we have a chance to set an example for how we can take collective and decisive action to protect rivers and ecosystems for people and wildlife."
"Together, we can create safe, sustainable livelihoods for the Amazon's small-scale gold miners and ensure that the region's freshwater resources remain a source of life for people and nature," added Surkin.


Primary Flow Signal (PFS), the leading designer and manufacturer of innovative, durable, and accurate flow-metering solutions for oil & gas, water/wastewater, and industrial applications, announces that its Halmi Fabricated Mini Venturi flow meter is providing highly accurate and reliable measurement in flow conditions requiring small line sizes.
The Halmi Fabricated Mini Venturi pressure vessel is an advanced solution designed specifically for flow measurement occurring in smaller line sizes, typically ½" to 3". Drawing on years of engineering experience, PFS has identified problems associated with smaller line size metering and has extended its unique flow monitoring technology to meet the needs of smaller line size applications. The Mini Venturi provides critical measurement in challenging applications including high-pressure municipal water/wastewater flow measurement and control applications, as well as air (methane) and other gases from raw and finished water treatment, without compromising accuracy.
PFS's metering solutions are designed and manufactured in the United States by the industry's largest team of specialized hydraulic engineers, backed by extensive laboratory and field testing, ISO 9001-2008 certification, and efficient vertically-integrated facilities. PFS's products deliver a level of differential metering accuracy, reliability, and versatility, coupled with unparalleled engineering support, simply not available from other metering solutions.


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One árbol colina Season 3 Photoshoot <3. . HD Wallpaper and background images in the sophia bush club tagged: sophia bush photoshoot one tree hill season 3.
This sophia bush photo might contain atractivo, picor, atracción, medias, leotardos, and collants.


text:
Smaller Than Some Second to None
Richard M. Squire & Associates, LLC is an end-to-end Creditor's Rights Default Law Firm and service all Foreclosure, Bankruptcy, Eviction & REO portfolios in PA & NJ.
We are an AV – Preeminent-rated Law Firm (Highest Rating for Professionals by Martindale-Hubbell.)
Richard M. Squire, Esq. - Founder & President
Richard M. Squire, an AV-rated attorney and a graduate of Cornell University and University of Pennsylvania Law School, was previously a partner and chairman of the litigation department of a 250-attorney Philadelphia law firm. His litigation practice focused on representation of Fortune 1000 and Fortune 500 companies in complex commercial litigation, including bankruptcy. Mr. Squire has an extensive background in real estate law, having represented national and regional lenders, real estate developers, landlords and tenants, and mortgage service companies. He also has had the honor of presenting educational programs to a variety of mortgage industry conferences and individual clients.
Admitted to Pennsylvania Bar – 1967.
Admitted to Maryland Bar – 1965.
Sarah K. McCaffery, Esq. - Managing Bankruptcy Attorney
Sarah K. McCaffery handles all aspects of bankruptcy litigation in the Federal District Courts of Pennsylvania and New Jersey. Prior to joining the firm, Ms. McCaffery handled foreclosure and ejectment litigation as an Associate for a multi-state law firm representing national lending institutions and mortgage servicers. Ms. McCaffery also has experience in all facets of civil collection practice and civil litigation from her time with a boutique Montgomery County firm. Ms. McCaffery received her B.S. in Criminal Justice from the University of Alabama – Birmingham, her M.P.A. in Public Management from Rutgers University and her J.D. from the Rutgers University School of Law.
Admitted to the Pennsylvania Bar – 2011.
Admitted to the New Jersey Bar – 2011.
Chandra Arkema -
For over a decade, Chandra Arkema has exclusively represented secured creditors in foreclosure-related litigation, including bankruptcy and title litigation, as well as appellate matters. She received her B.A. from The University of Iowa and her J.D. from Widener University School of Law in Delaware. Chandra has been named an Awesome Attorney (Bankruptcy & Creditors Rights) by South Jersey Magazine, and has been a panelist at PBI's annual Bankruptcy Institute and the E.D.Pa. Annual Bankruptcy Conference, as well as a member of the Local Rules Advisory Committee for the Eastern District of Pennsylvania Bankruptcy Court. Chandra is also active in the community, volunteering for the Read By 4th Program in Philadelphia and as the Philadelphia IOWA Club President.
Admitted to the Pennsylvania Bar – 2006
Admitted to the New Jersey Bar – 2006
U.S. District Courts for E.D.Pa., M.D.Pa., W.D.Pa., D.N.J.; Third Circuit Court of Appeals
M. Troy Freedman - Managing Foreclosure Attorney
M. Troy Freedman, Esquire graduated from Dickinson College in 1996 with a B.A. in Political Science, where he was the senior class president; and from Widener University School of Law in 1999, where he was a member of the Moe Levine Trial Advocacy Honor Society. He has served as a contributing legal advisor for the Employer's Practical Legal Guide (published by the National Institute of Business Management) and as an arbitrator for the Montgomery County Court of Common Pleas, presiding over cases involving non-payment of credit cards, non-payment of wages, construction disputes, and personal injuries.
Over the past 19 years, Troy has represented consumers as well as business entities including lending institutions, mortgage servicers, a vehicle rental company, a sports photography website, a collection agency, title insurers, a premium finance company, commercial landlords, residential landlords, dry cleaners, laundromats, delis, restaurants, wholesalers, small retail stores, franchisees, general contractors, subcontractors, and an alarm monitoring company in litigation, transactional, and real estate matters. Currently, Troy focuses on all aspects of creditors' rights and complex real estate matters, consistently looking for new, creative, and more cost-effective solutions to legal issues.
An avid writer on the mortgage industry and legal history, Troy has authored the following articles, all of which have been published: "In an Age of 'Beautiful, Clean Coal' and Cutting-Edge Fossil Fuel Tech, Do We Still Need to Care about Disasters like the Underground Mine Fire at Centralia" (Pa. Bar Assoc'n Q., July 2019 ed.); "A Departure from Dodd-Frank and Traditional Loan Underwriting Methodology May be Appropriate: A Case-Study of Milton S. Hershey" (Pa. Bar Assoc'n Q., July 2017 ed.); "Bronze Age and Religious Roots of Modern Debtor-Creditor Law" (Pa. Bar Assoc'n Q., Oct. 2018 ed.); "Dealing with a Rambo-Type Foreclosure Litigator" (www.housingwire.com); "Dealing with Homeowners Who Want More Time" (www.housingwire.com); "Borrower Spends on Lingerie…Should They Get a Loan Mod?" (www.housingwire.com); "Pennsylvania Foreclosure Diversion Programs: Out of Control?" (www.housingwire.com); "The New Normal and the Foreclosure Trial Tackle Box" (www.housingwire.com); "Get Proactive & Be Prepared in Dealing with Foreclosures" (www.cujournal.com); "Legal Documents & That Other Law (Murphy's)" (www.cujournal.com); "Borrowers Behaving Badly: What Happens When Lenders/Servicers Inadvertently Encourage Borrowers to Lie, Cheat, and Steal?" (Legal League Q., Winter 2013 ed.); and "C.F.P.B., Good Record-Keeping, and the 'New Normal'" (Legal League Q., Summer 2013 ed.).
Troy's speaking engagement consist of the following: facilitator for the Spring 2013 Legal League 100 Servicer Summit in the "Dealing with the Most Common and Creative Defenses to Foreclosure" round table and conversation starter for the Fall 2013 Legal League 100 Servicer Summit in the "Bankruptcy: Life with the New Mortgage Claim" round table.
Troy is proud to have received lead counsel ratings in bankruptcy and real estate, and Capital One's Outstanding Partnership Award in 2017.
Troy enjoys spending time and vacationing, especially to Disney World in Florida, with his wife and two daughters, Helene and Hannah, who are both competitive cheerleaders and volunteer coaches at PA Heat in Pottstown. He also enjoys extreme fitness/HIIT workouts, distance runs, and tough mudders.
Creditor's Right
As a qualified Small Business Law Firm, we are authorized to work on Federal Contracts / Sub‐Contracts. This allows our servicer clients to be compliant with the set‐aside requirements for FHLMC, FNMA, GNMA, FHA, USDA, and VA loan pools.
The process of taking possession of a mortgaged property as a result of the mortgagor's failure to keep up mortgage payments.
Property owned by a lender or a bank after a successful sale at a sheriff's sale.
The action of dispossessing someone from property.
Bankruptcy's automatic stay temporarily stops a pending foreclosure.
RICHARD M. SQUIRE & ASSOCIATES, LLC
115 WEST AVENUE, SUITE 104
E-mail: CONTACTUS@SQUIRELAW.COM
Click here for a list of directions.


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BAe Jetstream 41 – brytyjski samolot pasażerski komunikacji lokalnej, produkowany przez British Aerospace będący wydłużoną odmianą BAe Jetstream 31. Wybudowano 100 samolotów tego typu.

Historia
W 1988 roku wytwórnia British Aerospace postanowiła rozpocząć projektowanie nowej wersji samolotu Jetstream 31, miał to być nowy samolot o zwiększonej pojemności. 25 września 1991 roku maszyna wzbiła się po raz pierwszy w powietrze a rok później uruchomiono produkcję seryjną, która trwała do 1997 roku.

Konstrukcja
Samolot jest dwusilnikowym dolnopłatem o konstrukcji metalowej. W porównaniu z Jetstream 31, zwiększono pojemność o 50%, osiągnięto to wydłużając kadłub o 4,87 m. Dzięki temu zwiększono liczbę przewożonych pasażerów oraz objętość luku bagażowego. Samolot posiada dwa silniki turbośmigłowe napędzające pięciołopatowe, kompozytowe śmigła o średnicy 2,9 m. Poprawiono oszklenie kabiny, polepszając widoczność z kokpitu oraz zmniejszono opór aerodynamiczny. W przednich drzwiach pasażerskich zamontowano schodki będące ich integralną częścią.

Użytkownicy
 Brindabella Airlines
 EasyFly
 Sky Express
 Morgan Jet Mexico
 Mex-Mocambique Express
 Yeti Airlines
 Airlink
 Eastern SkyJets
 Eastern Airways
 Highland Airways
 Delbitur
 Venezolana
 Royal Star Aviation
 Government Flying Service (Rządowa Służba Lotnicza Hongkong) używany w misjach poszukiwawczo ratowniczych na morzu

Bibliografia
 Jacek Nowicki, British Aerospace Jetstream 31, "Lotnictwo", nr 7 (1992), s. 42, .

Samoloty pasażerskie
Jetstream 41


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In Pride and Prejudice by Jane Austen, how does Pemberley represent Mr. Darcy?
D. Reynolds
12,030 answers
Top subjects are Literature, History, and Social Sciences
As Mr. and Mrs. Gardiner and Elizabeth arrive at Pemberley, Elizabeth is delighted and thinks that:
She had never seen a place for which nature had done more, or where natural beauty had been so little counteracted by an awkward taste. They were all of them warm in their admiration; and at that moment she felt that to be mistress of Pemberley might be something!
All throughout her tour of Pemberley, Elizabeth is pleased with the order and harmony she witnesses. The hall, which the housekeeper shows them around, is gracious, tasteful, and "elegant," a word of high praise in Austen, as are the grounds. The landscape is as natural as possible.
Pemberley becomes a metonymy for Mr. Darcy , which is when an object or thing communicates the attributes of a person. Because Mr. Darcy is in charge of Pemberley—he is lord of the estate—the estate reflects his character. What it reveals, to Elizabeth's eyes, is Mr. Darcy's wealth, taste, lack of pretense, order, competence at running his home, and...
(The entire section contains 3 answers and 974 words.)
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Last Updated by eNotes Editorial on February 13, 2020
Top subjects are Literature, History, and Law and Politics
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Top subjects are Literature, Social Sciences, and Business
Pride And Prejudice Short Summary
Why does Darcy fall in love with Elizabeth in Pride and Prejudice?
What reasons does Mr. Collins give in order to marry Elizabeth in Pride and Prejudice?
At what moment does Elizabeth begin to fall in love with Mr. Darcy in Pride and Prejudice?
Why is the first sentence in Pride and Prejudice ironic?
Latest answer posted August 03, 2020 at 11:23:41 AM
Why does Elizabeth marry Darcy in Jane Austen's Pride and Prejudice?
3 Educator answers
Latest answer posted December 13, 2012 at 8:41:07 AM
How does Jane Austen use wit and irony in Pride and Prejudice?
Describe Mr. Collins's proposal to Elizabeth in Pride and Prejudice by Jane Austen.
Latest answer posted March 05, 2012 at 12:33:01 PM
In Jane Austen's Pride and Prejudice, how does Darcy act towards Mr. and Mrs. Gardiner when first introduced?
Latest answer posted May 28, 2020 at 4:32:23 PM
What is the main theme in Jane Austen's Pride and Prejudice?


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Find information, time ... and peace of mind
We all need a laugh now and then...
From the desk of Bob Hirschfield, Cybersatirist
"You always hear how computers free up our time. They do. Every time your PC crashes it frees you up to take care of errands. Why do you think Microsoft uses the slogan 'Where do you want to go today?' I need to pick up laundry, get my car repaired…"
Multitasker takes a BIG detour
A multitasking 25 year old was driving a flat-bed truck carrying 2 motorcycles and towing 2 trucks. He was talking on one cell phone while texting on another and accidentally crashed into a house, ending up with himself, his truck and part of his cargo submerged under water. That's one way to find out that multitasking is not efficient.
Did you know that Post-it Notes® are in our country's top 5 best selling office supply products of all time?
Art Frye was a product development consultant who worked with 3M. Dr. Spencer Silver was 3M scientists who had invented a weak adhesive. Frye thought there must be some need for it in the marketplace, but didn't know what it was.
While sitting in church one Sunday, Frye noticed the choir singing and marking places in their books with little slips of paper. He began thinking this adhesive applied to paper would make a great bookmark and gave samples to his colleagues.
In 1977 they began test marketing the idea and the rest, as they say, is history.
Be Careful With Your 'To Do' List
'To Do' lists can be helpful for not only the person writing them, but for others. Consider...
...2 men broke out of a jail in Rutland, VT in May 1996. They were captured a week later when police recovered a 'things to do' list they had made.
…in Dallas, a 15 year old was indicted for murder. Why? Police found a list of instructions he had written to himself for a robbery. The list include a reminder to 'kill the victim', which, unfortunately, he allegedly did.
Henry Ford Probably Needed a Professional Organizer
Henry Ford never threw away a letter or a bill and his lawyers were left to sort out over 5,000,000 documents. Among these documents were 10,000 unopened letters. The task of opening this mail took two and one-half years!
A Bit of Hollywood Humor
There are several quotes attributed to the legendary motion picture executive, Samuel Goldwyn of Metro Goldwyn Mayer (MGM). It is said that a bookkeeper once said:
"Mr. Goldwyn, our files are bulging with paperwork we no longer need. May I have your permission to destroy all records before 1945?"
Goldwyn responded, "Certainly, just be sure to keep a copy of everything."
Dorothy Neustadter, widow of Arnold Neustadter, said "He was a very organized man".
That's a good thing because Arnold Neustadter was the inventor of the Swivodex a non-spillable inkwell, the Clipodex (a knee clip to aid secretaries in taking dictation) and of course, the Rolodex.
For those of you who have your names and addresses on computer, this was a rotary card file that 'organized' your contacts and debuted in U.S. offices in 1950.
A Paper Pile Solution...Maybe?
Office furniture manufacturers think they have come up with the solution to those piles of paper on your desk. According to a Newsweek magazine report in the National Business Employment Weekly, manufacturers are designing workspace with no flat areas so it is virtually impossible to pile papers on top of the desk. You either have to sort papers or clip them onto bars in front of you. There they will hang until you decide their disposition. Their goal, according to the article, is to make the workstation a 3D storage system with a visual 'to-do' list.
Organizing Forms and Numbers
Do you know how the IRS form 1040 got its name?
Some say it was in 1040 B.C. when one of the prophets warned that the king would require people to pay taxes.
Other say it was 1040 A.D. when Lady Godiva rode naked through the streets of Coventry.
But the IRS denies both claims. They claim that in 1913, when the personal income tax form was devised, 1040 happened to be the next four-digit number available in their forms numbering system. Too bad. I rather liked the story about Lady Godiva.
House Made of Paper ... Really
In Rockport, Massachusetts there is a home made entirely of paper. It was built by Elis Stenman, designer of the paperclip machine, who built it over 80 years ago.
He folded newspapers 215 layers thick to insulate the walls of his summer home. He eventually used 100,000 copies for ceilings and furniture. His wife, Esther, decorated curtains with stars woven from the 'Life' and 'Saturday Evening Post' magazine covers.
His grandniece is now responsible for maintaining the home. She says every year or so she varnishes the outside but not the inside for fear of damaging the print.
Mr. Dewey and His Decimal System
Melvil Dewey was the inventor of the Dewey Decimal System, which revolutionized the way libraries organized information. He was also involved with the metric system and shorthand and owned a business called the Library Bureau, which was similar to the mega-office supply stores we have today. His vertical filing system was really an overgrown card catalog where documents, rather than cards, hung vertically in long drawers. It won a gold medal at the 1893 World's Fair. Truly a man ahead of his time.


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Aston Martin gears up for its second century with a complete lineup overhaul by 2020
By Alexander Kalogianni	 April 21, 2015
Aston Martin has a storied history of luxury performance vehicles and, with the reveal of the DBX crossover concept to the audience of the 2015 Shanghai Auto Show, Aston took the time to also reveal its vision of its future.
This forward thinking isn't just based around the exotic ideas packed into the luxury GT concept, either. Dubbed "Second Century," the plan Aston Martin has expressed is a comprehensive plan to ensure the company is as innovative and relevant in its next 102 years of existence.
Aston Martin CEO Andy Palmer
While its safe to set a long-term strategy that will extend beyond the lifespan of anyone its presented to, there are plans to change how the world sees Aston Martin in as little as five years.
With former Nissan VP Andy Palmer taking the reigns at Aston, the plan is to not only replace every model in the current lineup, but also add three new ones.
"The Second Century plan not only delivers exciting and highly desirable new luxury sports cars in the traditional sense, but also embraces new powertrain technology," Palmer said. Specifically, Palmer addresses the fact that an electric version of the Rapide is currently being looked into, something that he feels would be we received in the Chinese market.
What these three new models would be is anyone's guess, but we can only imagine that there's a team hard at work fleshing this out as we speak. Aston wants to change everything "by the end of the decade," and that's not as far away as we may think it is.
We know that the DBX concept is a vision Aston is keen to push into production, though what a working version of this concept would look like is unknown. The brand has also revived the Lagonda badge to act as its hyper luxury branch, currently pulling duty in the Middle East with the Taraf as its representation. This luxury sedan, limited to 200 models, might be the basis of the second of the three additional cars.
As for the third? Well, we want to say sports car, but then again, we always want to say sports car, so we'll keep our fingers crossed and see what Aston has up its sleeve. We love sports cars, but we also like being pleasantly surprised just as much.
Who made my car? A comprehensive guide to today's car conglomerates
The best sports cars for 2021
The fastest cars in the world
Best car brands
The best car chargers for 2021


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Windsor, Missouri facts for kids
Windsor, Missouri
Location of Windsor, Missouri
Henry, Pettis
http://www.windsormo.org/
Windsor is a city in Henry and Pettis Counties, Missouri. The population was 2,893 at the 2010 census.
Windsor was laid out in 1855, and originally known as Belmont. Its named was changed to Windsor in 1859, after Windsor Castle, in England. A post office called Windsor has been in operation since 1850.
Windsor is located at 38°31′56″N 93°31′24″W / 38.53222°N 93.52333°W / 38.53222; -93.52333 (38.532198, -93.523212). According to the United States Census Bureau, the city has a total area of 2.45 square miles (6.35 km2), of which, 2.42 square miles (6.27 km2) is land and 0.03 square miles (0.08 km2) is water.
1880 872 —
1890 1,427 63.6%
1900 1,502 5.3%
1920 2,034 −9.2%
Est. 2015 2,808 −3.2%
U.S. Decennial Census
As of the census of 2010, there were 2,901 people, 1,193 households, and 781 families residing in the city. The population density was 1,198.8 inhabitants per square mile (462.9/km2). There were 1,381 housing units at an average density of 570.7 per square mile (220.3/km2). The racial makeup of the city was 96.8% White, 0.1% African American, 1.1% Native American, 0.2% Asian, 0.2% Pacific Islander, 0.1% from other races, and 1.4% from two or more races. Hispanic or Latino of any race were 2.0% of the population.
There were 1,193 households of which 31.3% had children under the age of 18 living with them, 48.4% were married couples living together, 12.4% had a female householder with no husband present, 4.7% had a male householder with no wife present, and 34.5% were non-families. 29.6% of all households were made up of individuals and 13.1% had someone living alone who was 65 years of age or older. The average household size was 2.39 and the average family size was 2.94.
The median age in the city was 38.2 years. 24.8% of residents were under the age of 18; 8.2% were between the ages of 18 and 24; 24.9% were from 25 to 44; 23.4% were from 45 to 64; and 18.8% were 65 years of age or older. The gender makeup of the city was 47.5% male and 52.5% female.
As of the census of 2000, there were 3,087 people, 1,280 households, and 848 families residing in the city. The population density was 1,310.5 people per square mile (505.0/km²). There were 1,418 housing units at an average density of 602.0 per square mile (232.0/km²). The ethnical makeup of the city was 97.02% White, 0.52% African American, 0.65% Native American, 0.26% Asian, 0.36% from other races, and 1.20% from two or more ethnicities. Hispanic or Latino of any ethnicity were 0.52% of the population.
In the city, the population was spread out with 25.3% under the age of 18, 8.4% from 18 to 24, 26.8% from 25 to 44, 20.1% from 45 to 64, and 19.5% who were 65 years of age or older. The median age was 38 years. For every 100 females there were 88.5 males. For every 100 females age 18 and over, there were 84.4 males.
The median income for a household in the city was $29,922, and the median income for a family was $32,477. Males had a median income of $27,986 versus $19,605 for females. The per capita income for the city was $16,052. About 16.5% of families and 16.5% of the population were below the poverty line, including 18.0% of those under age 18 and 19.7% of those age 65 or over.
Windsor, Missouri Facts for Kids. Kiddle Encyclopedia.


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Maintaining new supply route for medical radioisotopes 'under discussion'
By Paul Mulholland | September 13, 2021 | 0
It has yet to be decided whether to continue with the new delivery route for medical radioisotopes, which was "deemed necessary" as a result of Brexit, the Medical Independent (MI) can report. The Department of Health together with the National Cancer Control Programme (NCCP), HSE Acute Strategy and Planning, HSE Acute Operations, the Health Products Regulatory Authority (HPRA) and other stakeholders worked together to put in place measures to prevent and alleviate any acute supply issues of medical radioisotopes in Ireland due to Brexit. One such measure was the avoidance of transiting supplies through the UK, mainly East Midlands Airport. In 2020, it was agreed that a new delivery route from Leipzig to Dublin would commence in January 2021 for an initial six-month period.
"This direct route has associated increased costs that were deemed necessary as a mitigation measure for the supply of medical radioisotopes for the initial Brexit period," according to a letter from the National Director of the NCCP, Prof Risteárd Ó Laoide, to Hospital Group CEOs and other senior HSE management on 31 March, seen by MI through Freedom of Information (FoI) law. Prof Ó Laoide said the HSE would seek funding from the Department of Health to offset these additional costs. "In order for hospitals to receive additional funding to offset these costs, the HSE require data on the costs incurred per hospital," according to the letter. The HSE/NCCP also planned to obtain the details of additional costs directly from the supplier (Perlamar), thus minimising the work at hospital level. When questioned on whether the change had led to any supply issues, a NCCP spokesperson said: "There was no service disruption in the first six months of the year due to the change in route."
The spokesperson said it was currently under discussion whether the new arrangement would be continued. "The cost for the first six months is being finalised and any additional funding will be allocated to the hospitals." According to meeting minutes of the NCCP's executive management team in January 2021, obtained through FoI law, "Brexit work is ongoing. There have been a number of issues escalated in terms of supply chain challenges to the Brexit ops team…. The residual risk items, radiopharmaceuticals and chemotherapy supply, remain a focus point for the Brexit ops team and there have been a number of escalations to resolve chemotherapy deliveries from the UK." "The NCCP continue, as required, to monitor any Brexit-related issues relating to cancer and radiopharmaceuticals and chemotherapy supply."


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