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Justia › US Law › Case Law › Nebraska Case Law › Nebraska Supreme Court Decisions › 1989 › Commerce Sav. v. Fh Schafer Elevator
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Commerce Sav. v. Fh Schafer Elevator
436 N.W.2d 151 (1989)
231 Neb. 288
COMMERCE SAVINGS SCOTTSBLUFF, INC., Appellant and Cross-Appellee, v. F.H. SCHAFER ELEVATOR, INC., Appellee and Cross-Appellant.
No. 87-305.
Supreme Court of Nebraska.
February 24, 1989.
*155 David C. Nuttleman, of Holtorf, Kovarik, Nuttleman, Ellison, Mathis & Javoronok, P.C., Gering, for appellant and cross-appellee.
John K. Sorensen, of Wright & Sorensen, Scottsbluff, for appellee and cross-appellant.
HASTINGS, C.J., WHITE, and FAHRNBRUCH, JJ., and FUHRMAN and WHITEHEAD, District Judges.
WHITE, Justice.
Plaintiff, Commerce Savings Scottsbluff, Inc. (Commerce Savings), appeals from a jury verdict in the district court for Scotts Bluff County in favor of the defendant-appellee, F.H. Schafer Elevator, Inc. (Schafer Elevator). We affirm.
This case arose from a dispute between Commerce Savings and Schafer Elevator over the right to the proceeds of crops grown by Henry and Montgomery Specht in 1985. For several years Commerce Savings financed the farming operations of Henry Specht and his son, Montgomery. In 1985, Commerce Savings made an operating loan to the Spechts in the amount of $99,400, secured in part by a first lien on all proceeds from crops grown by the Spechts. That same year, Schafer Elevator sold fertilizer and chemicals worth $46,-164.75 on an open account to the Spechts for use in the production of their crops. Schafer Elevator secured its interest by filing two fertilizer liens. The names of both Commerce Savings and Schafer Elevator were placed on checks representing the proceeds from the sale of corn grown by the Spechts in the 1985 crop season. Unable to resolve their differences regarding distribution of the proceeds, Commerce Savings filed a declaratory judgment action in the district court for Scotts Bluff County.
In the petition, Commerce Savings, citing its security agreement and financing statement covering the Spechts' 1985 crops, claimed a first lien on the proceeds of the corn crop and asked the court to determine the priorities and rights of the parties to those proceeds. In an amended answer, Schafer Elevator alleged that it had a first lien on the corn crop proceeds by virtue of its two fertilizer liens. Schafer Elevator also raised the affirmative defense of equitable estoppel. In support of this defense, Schafer Elevator claimed that Commerce Savings should be estopped from asserting the priority of its security interest because fraudulent misrepresentations of fact made by Commerce Savings to Schafer Elevator induced Schafer Elevator to extend credit to the Spechts which it would not have otherwise extended. Schafer Elevator also filed a counterclaim for fraudulent misrepresentation based on the same representations, which allegedly induced Schafer Elevator to extend credit to the Spechts.
Prior to trial, Commerce Savings made a motion for summary judgment on its petition and Schafer Elevator's counterclaim. The motion was overruled, and the case proceeded to trial.
At trial Howard Wigert, vice president of Commerce Savings, testified on behalf of the plaintiff. Jack Schafer, owner of Schafer Elevator, and his son John F. Schafer were the primary witnesses for the defendant. According to Wigert, in 1984 Commerce Savings loaned the Spechts $90,-000 for farming operations on the condition that they find a fertilizer dealer who would provide fertilizer and chemicals on an open account. The Spechts contacted Schafer Elevator, and Schafer Elevator provided the Spechts with fertilizer and chemicals for their 1984 crops. Wigert testified that Jack Schafer contacted him in 1984 prior to the planting year to discuss the Spechts' account. During that conversation, Wigert said he told Jack Schafer that Commerce *156 Savings was going to finance a portion of the Spechts' operating expenses, but that fertilizer and chemicals were not going to be covered in the operating loan and that Schafer Elevator would have to wait until the crops were harvested before receiving any payment. He also told Jack Schafer that Commerce Savings' analysis showed that the Spechts would be able to "make it through the year," but that Schafer Elevator should protect its interest by filing a fertilizer lien, which would be junior to Commerce Savings' security interest. Wigert further testified that as the Spechts' crops were harvested and the checks for the proceeds came in, jointly payable to Commerce Savings and Schafer Elevator because of their status as lienholders, he would call Jack Schafer in to sign the checks. According to Wigert, Jack Schafer would receive a portion of those checks at that time, representing partial payment on the Spechts' account. In this manner Commerce Savings paid Schafer Elevator entirely from the proceeds of the Spechts' 1984 crop, and Schafer Elevator's account was paid in full. Based on Wigert's testimony regarding how the parties conducted business in 1984, the appellant contends Schafer Elevator knew that payment for fertilizer and chemicals was not covered by the operating loan, and payment on the Spechts' account came from the crop proceeds. In contrast, however, both Schafers testified that Wigert never told either Schafer that Commerce Savings' financing of the Spechts' operation did not include funds to pay for fertilizer and chemicals.
The financial condition of the Spechts deteriorated significantly from 1982 to 1985. In January of 1985, prior to any new operating loans made by Commerce Savings to the Spechts and before Schafer Elevator had been contacted about supplying fertilizer and chemicals for the 1985 crop, if the Spechts had been sold out and the liquidation value of the property realized, their debts would have exceeded collateral by approximately $33,000. In addition, the Spechts had serious cash-flow problems in January of 1985. In 1984, the Spechts produced a good crop with above average yields and still lost almost $16,000.
Apparently because of the Spechts' poor financial condition coupled with the deterioration of land values and commodity prices, Commerce Savings decided to secure a Farmers Home Administration (FmHA) loan guaranty. Commerce Savings and the Spechts submitted three applications to FmHA for a loan guaranty. The first two applications were rejected by the FmHA on the grounds of negative or weak cash-flow. Before the submission of the third application, Wigert met with Richard Barta, the FmHA county supervisor, to determine what FmHA would approve and what Commerce Savings would request in the way of a loan guaranty. At that meeting, Barta told Wigert that he did not feel the Spechts' operation realistically stood a chance to succeed because it had too much debt. Nonetheless, the third application was approved because instead of guaranteeing term money, as its prior applications had requested, Commerce Savings sought only a guaranty for a 1-year operating loan. The guaranty was also approved because FmHA was to have a first lien position on all crops, which would adequately secure the guaranty, and because there was pressure within the FmHA to make this type of annual 1-year loan. Upon securing the loan guaranty from FmHA, Commerce Savings loaned the Spechts $99,-400 for operational expenses for the 1985 crop-year. Even though the third application for the FmHA guaranty listed projected costs for fertilizer and chemicals for the 1985 growing year at $48,000, no part of this expense was to be financed by Commerce Savings or protected by the FmHA guaranty.
After the Spechts had signed the loan papers on April 16, 1985, they approached Schafer Elevator for the first time on April 17, 18, or 19, to discuss purchasing their fertilizer and chemical needs. As they had done in the past, the Spechts directed Schafer Elevator to discuss their financing and financial condition with Commerce Savings. John Schafer testified that the Spechts never participated directly in any discussion concerning their financial condition. According to the Schafers' testimony, *157 Wigert was contacted twice by the Schafers prior to any delivery of fertilizer or chemicals to the Spechts. On the day the Spechts contacted Schafer Elevator, John Schafer called Wigert to ensure that the Spechts' operating expenses would be financed. John Schafer testified that during that phone conversation, Wigert told John Schafer, in regard to Commerce Savings' financing of the Spechts' farming operations, that "we are going to finance them, in fact, we have got an [FmHA] loan guarantee for 1985 farming expenses." John Schafer went on to state that "[w]hen [Wigert] told me that I felt relatively, you know, I really had no problem with that because farming expenses, that would be the fertilizer, the chemical, the seed, whatever these people might need to produce a crop." To support John Schafer's belief that "farming expenses" included fertilizer and chemicals, he testified that fertilizer and chemicals are a large expense item in crop production and often constitute 30 to 40 percent of the total expense. At the conclusion of his discussion with Wigert on the phone, John Schafer related the conversation to his father, Jack Schafer, who then went to see Wigert in person.
However, according to Wigert, the first contact he had with anyone from Schafer Elevator in 1985 was when Jack Schafer went to Wigert's office to see him in the later part of March or first part of April, sometime prior to Commerce Savings' making the operating loan to the Spechts on April 16. Wigert testified that Jack Schafer had come to his office wanting to know the financing on the Spechts' account. Wigert stated that he told Jack Schafer that the Spechts' account would be handled in the same way Commerce Savings had handled the account in 1984 and that Commerce Savings was securing an FmHA guaranty on its operating line which required a first lien position on the crops. Wigert also stated that he asked Schafer Elevator to carry the fertilizer and chemical bill on an open account for the product year and to file a fertilizer lien to protect its interest, which would be junior to FmHA's guaranty. In response to Jack Schafer's question about whether the Spechts could make it through the year, Wigert told him that Commerce Savings' cash-flow projections indicated that there should be adequate money to pay both its operating loan and Schafer Elevator's fertilizer lien. In his testimony, Wigert claimed he did not talk to John Schafer until after he had the above conversation with his father and that his phone call with John Schafer occurred prior to making the loan to the Spechts on April 16.
Yet, according to the Schafers' testimony, Jack Schafer went to see Wigert the next day or that afternoon after Wigert had talked to his son on the phone, which occurred after the Spechts had contacted Schafer Elevator and after the Spechts received their operating loan. Jack Schafer stated that at the meeting with Wigert, he had expressed concerns about the Spechts' financial situation. The evidence shows that the Spechts' account was the largest one Schafer Elevator carried. In response, Wigert said, "`Jack, the [Spechts] are in better shape this year than they have been, they have made some real progress. Don't worry, everything is okay. Don't worry.' He said, `And besides, we have an [FmHA] guaranteed loan commitment, you don't have to worry.'"
Then, according to Wigert's version of the facts, John Schafer called. Wigert stated that he told John Schafer that Commerce Savings' projections showed that there should be adequate cash-flow to pay the Spechts' account with Schafer Elevator but it would not guarantee that in writing. He went on to say that Commerce Savings had a first lien position on the crops and that it had secured an FmHA guaranty to cover the operating debt.
Despite the inconsistencies surrounding the dates when these conversations took place, the evidence is clear that the Schafers contacted Wigert twice before delivery of any product to the Spechts. Further, according to the Schafers, at no time in any of the conversations between Commerce Savings and the Schafers did Commerce Savings ever disclose that fertilizer and chemicals were not included in the operating loan for the 1985 crop expenses. Both *158 Schafers stated that if they had known that fertilizer and chemicals were not to be included in the Spechts' operating loan, they would never have extended credit to the Spechts.
After the exchanges between Commerce Savings and Schafer Elevator, Schafer Elevator filed notices of fertilizer liens on April 19 and 22 and commenced delivery of fertilizer and chemicals soon after. Between April 23 and August 21, 1985, Schafer Elevator delivered and supplied $46,-164.75 worth of fertilizer and chemicals to the Spechts. During the trial, it was deduced that $26,047.73 represented all the charges for fertilizer and chemicals delivered and applied to the Specht's corn crop.
In September of 1985, after the bean harvest had started, Jack Schafer called Wigert, wanting to know when the Spechts' account would be paid and if Commerce Savings had received any income from the bean crop. Wigert told Jack Schafer that the bean harvest checks had been received and that the proceeds had been used to reduce Commerce Savings' operating loan to the Spechts. He went on to tell Jack Schafer that there was trouble with the account, since the crop was going to be short and there would not be enough money to cover both Commerce Savings' operating loan and Schafer Elevator's account.
That same day, after Jack Schafer told John Schafer what Wigert had said, John Schafer had a meeting with Wigert and Barta at the FmHA office. John Schafer testified regarding what was said at the meeting:
Q. And would you tell the ladies and gentleman of the jury what happened...? A. Well, we discussedI asked Howard [Wigert] why, how he could not include fertilizers and chemicals in this [FmHA] loan guarantee. Q. How did you discover that the fertilizer and chemicals had not been included? A. Mr. Barta told me. Q. Did you know before Mr. Barta told you that, did you have any idea that the fertilizer and chemicals had not been included in the loan guarantee? A. No, sir. Like I said, if I had known we wouldn't be here today. Q. What happened, what was the discussion? A. I was crushed, that was the first I knew, you know, here's $46,000 of my dad's retirement, it's my life, I was crushed. I do remember asking Mr. Wigert, you know, "How could you do this?" I mean, fertilizer and chemical, you can't grow a crop without fertilizer and chemical or seed. You can grow crop hanging in the air, you don't even need the dirt, how can you not put that stuff into the operating budget and when you had told us you had. Q. And was there any reply or did Mr. A. What could he say. Q. Did he give you an answer? A. No, what could he say.
Schafer Elevator was never paid anything on the $46,164.73 Specht account, and after the 1985 harvest, the Spechts declared bankruptcy. The proceeds of the bean crop used by Commerce Savings to reduce its operating loan reduced the initial $99,400 balance down to $52,000. Commerce Savings sold the Spechts' corn crop for $51,000, for which it received payment in the form of three checks which, in addition to having Henry Specht's and Commerce Savings' names on them, also had Schafer Elevator's name on them. By stipulation, the proceeds from the corn crop were deposited into an account at the First State Bank of Scottsbluff pending outcome of the suit.
At the close of all the evidence, Commerce Savings made three motions for a directed verdict. Commerce Savings first moved the court for a directed verdict on the issue of priority on its lien. The trial court sustained the motion, noting that "[o]n priority, I'm of the opinion that absent estoppel or fraud that you are entitled to priority and I intend to so instruct. So that's in effect sustained." Commerce Savings *159 next moved for directed verdict on the issues of equitable estoppel and Schafer Elevator's counterclaim for fraudulent misrepresentation, which motions were both overruled. The court instructed the jury that if it found for the defendant on the claim of equitable estoppel, it was limited to awarding only $26,047.73, which represented the amount of Schafer Elevator's lien on the corn proceeds, and the balance of the award would have to come from the fraud claim. The jury found for the defendant, Schafer Elevator, and returned a verdict of $26,047.73 on the claim of equitable estoppel and a verdict of $20,117.02 on the counterclaim. Commerce Savings moved for a judgment notwithstanding the verdict or, in the alternative, for a new trial, which was overruled.
Commerce Savings appeals, assigning seven errors. Appellant claims the district court erred in (1) overruling appellant's motion for summary judgment prior to trial; (2) overruling appellant's motion for a directed verdict at the close of the evidence on the issue of equitable estoppel; (3) overruling appellant's motion for a directed verdict at the close of the evidence on the issue of the appellee's counterclaim for fraudulent misrepresentation; (4) giving jury instruction No. 2, an instruction on the equitable estoppel defense and fraudulent misrepresentation; (5) finding sufficient evidence adduced at trial on the issue of equitable estoppel; (6) finding sufficient evidence adduced at trial on the issue of the appellee's counterclaim for fraudulent misrepresentation; and (7) overruling appellant's motion for judgment notwithstanding the verdict or, in the alternative, a motion for a new trial.
With regard to appellant's first assignment of error relating to the district court's overruling of its motion for summary judgment prior to trial, this court has repeatedly held that the denial of a motion for summary judgment is not a final order and therefore is not appealable. Gruenewald v. Waara, 229 Neb. 619, 428 N.W.2d 210 (1988). Furthermore, we note that any errors occurring at this stage in the proceeding were either remedied by the trial or preserved by the appellant's other assignments of error to be addressed below.
DIRECTED VERDICT
Appellant's second and third assignments of error concern the overruling of Commerce Savings' motions for a directed verdict on the issues of equitable estoppel and Schafer Elevator's counterclaim for fraudulent misrepresentation. It is a well-settled rule in this jurisdiction that
[w]ith regard to the overruling of a motion for a directed verdict made at the close of all the evidence, our review is controlled by the rule that a directed verdict is proper only where reasonable minds cannot differ and can only draw but one conclusion from the evidence, where an issue should be decided as a matter of law.
Kearney State Bank & Trust v. Scheer-Williams, 229 Neb. 705, 708, 428 N.W.2d 888, 891 (1988).
"In reviewing a directed verdict, the party against whom a motion for a direction of liability is made is entitled to have every controverted fact resolved in his or her favor and to have the benefit of every inference which can reasonably be drawn from the evidence. If there is any evidence which will sustain a finding for the party against whom the motion is made, the case may not be decided as a matter of law...."
Raben v. Dittenber, 230 Neb. 822, 824, 434 N.W.2d 11, 13 (1989). Having set out the standard of review applicable to Commerce Savings' second and third assignments of error, we now examine each issue separately.
EQUITABLE ESTOPPEL
In the first of two arguments in support of its second assignment of error, Commerce Savings attacks the applicability of equitable estoppel under the facts of this case. Commerce Savings, citing 28 Am. Jur.2d Estoppel and Waiver §§ 32 and 33 (1966), claims that the purpose of raising the defense of equitable estoppel is to defeat *160 a right or claim a party would otherwise have. Further, equitable estoppel does not create a new right or give a cause of action; rather, it serves to protect rights already acquired. Commerce Savings contends that the fertilizer liens are invalid under Neb.Rev.Stat. § 52-1103 (Reissue 1988) and that since the liens are not valid, Schafer Elevator cannot
in this case claim a lien upon the proceeds of the corn crop if they do not otherwise have a valid fertilizer lien by virtue of alleging equitable estoppel regardless of whether there may be facts supporting said legal theory. To do so would allow equitable estoppel to create a right in the proceeds of the 1985 corn crop, which F.H. Schafer did not otherwise have.
Brief for appellant at 20.
Section 52-1103 states:
In order to be valid against subsequent lienholders, any lien under section 52-1101 [in this case any supplier of fertilizer and chemicals] shall be filed within sixty days of the last date upon which the product, machinery, or equipment was furnished, or work or labor was performed under the contract, but in no event shall it have priority over prior lienholders unless prior lienholders have agreed to the contract in writing. Such lien shall attach as of the date of filing and may be foreclosed in the manner and form provided for the foreclosure of secured transactions as provided in Article 9, Uniform Commercial Code.
Commerce Savings makes the assertion that Schafer Elevator's fertilizer liens are not valid under § 52-1103 because the evidence showed that the last delivery of fertilizer by Schafer Elevator was August 21 and that the appellee had filed its notices of fertilizer liens in April, more than 60 days prior to the date of last delivery. In support of its interpretation of § 52-1103, the appellant cites Circle 76 Fertilizer v. Nelsen, 219 Neb. 661, 365 N.W.2d 460 (1985).
While noting that there is authority in this jurisdiction for appellant's argument that estoppel may be urged for the protection of a right, but it can never create a right, see Warren v. Papillion School Dist. No. 27, 199 Neb. 410, 259 N.W.2d 281 (1977), we find that appellee's liens were valid fertilizer liens under Neb. Rev.Stat. ch. 52, art. 11 (Reissues 1984 & 1988), relating to fertilizer and agricultural chemical liens. Commerce Savings' reliance on Circle 76 is misplaced. The central issue of Circle 76 was whether the elements of estoppel were sufficiently proved. The validity of the fertilizer lien under § 52-1103 was not at issue, and, therefore, any comment by the court relating to the validity of fertilizer liens under § 52-1103 was dictum. A case is not authority for any point not necessary to be passed on to decide the case or not specifically raised as an issue addressed by the court. Yoder v. Nu-Enamel Corporation, 140 Neb. 585, 300 N.W. 840 (1941).
The general rules governing statutory construction and interpretation provide that
"[i]n the absence of anything indicating to the contrary, statutory language is to be given its plain and ordinary meaning; this court will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous."... Furthermore, "it is not within the province of this court to read a meaning into a statute which is not warranted by the legislative language; neither is it within the province of this court to read anything plain, direct, and unambiguous out of a statute." . . . . . ... "In construing a statute it is presumed that the Legislature intended a sensible rather than an absurd result."
Cornhusker Christian Ch. Home v. Dept. of Soc. Servs., 229 Neb. 837, 841-42, 429 N.W.2d 359, 362 (1988).
An analysis of chapter 52, article 11, indicates that the Legislature created § 52-1101 (Reissue 1988) to define the validity of fertilizer liens such as the ones Schafer Elevator had and that § 52-1103 (Reissue 1988) was designed to establish the priority of these liens. Section 52-1101 provides:
*161 A person, including a firm or corporation, who shall contract or agree with another (1) to furnish any fertilizer, soil conditioner, or agricultural chemical, (2) to furnish machinery and equipment for the application of such products, or (3) to perform work or labor in the application of such products shall have a lien for the agreed charges, or in the absence of an agreement, for the reasonable charges and costs of satisfying such lien, upon the crops produced within one year upon the land where such product was applied, the machinery or equipment for application was used, or the work or labor of application was performed, and upon the proceeds from the sale of the crops.
(Emphasis supplied.) According to § 52-1101, a lien on the crops and proceeds from those crops, under this article, is established at the same time product, machinery, or labor is supplied. Section 52-1103 sets out the priority of that lien by providing that if the lien is to be valid against subsequent lienholders, it must be filed within 60 days of the last date the product, machinery, or labor is supplied. A lien not filed within 60 days of the last delivery is still a valid lien on crops produced within 1 year of the date the product was supplied and on the proceeds for the sale of such crops; the lien simply is not valid as to subsequent lienholders. As appellee notes in its brief, "Nowhere in Article XI of Chapter 52, the Fertilizer Lien Law, is it stated that a lien filed more than 60 days before the last delivery of product is made is invalid." Brief for appellee at 28. Under the appellant's construction of § 52-1103, any supplier, such as Schafer Elevator, which knew it was to be providing products from April until the end of August would have to wait until the end of June before it could file a lien to protect itself. We do not think the Legislature intended a supplier like Schafer Elevator to be required to maintain an unsecured position, possibly for several months in a case like the one at bar, on products supplied until 60 days prior to the last delivery of product. Therefore, this court holds that under § 52-1101, a valid lien is created at the time products, labor, or machinery is supplied and that § 52-1103 merely establishes the priority of that lien. A lien must be filed within 60 days of the last delivery, or that lien, though still a valid lien on crops produced within 1 year of the date the product was supplied and on the proceeds for the sale of such crops, will not have priority over subsequent lienholders.
Commerce Savings' second argument attacks the sufficiency of the evidence on the elements of equitable estoppel. In O'Neill Prod. Credit Assn. v. Mellor, 220 Neb. 555, 371 N.W.2d 265 (1985), we set out the elements of equitable estoppel. To succeed on a defense of equitable estoppel, Schafer Elevator must establish the coexistence of two sets of elements. Schafer Elevator must first prove that Commerce Savings, as the party to be estopped, (1) engaged in conduct which amounted to a false representation or concealment of material facts, or, at least, which was calculated to convey the impression that the facts were otherwise than, and inconsistent with, those which Commerce Savings attempted to assert; (2) had the intention, or at least the expectation, that such conduct would be acted upon by, or influence, Schafer Elevator; and (3) had knowledge, actual or constructive, of the real facts. The evidence must also show that, at the same time, Schafer Elevator (4) had a lack of knowledge and of the means of acquiring knowledge of the truth of the facts in question; (5) relied, in good faith, upon the conduct or statements of Commerce Savings; and (6) acted or refrained from acting because of Commerce Savings' conduct such as to change its position or status to its injury, detriment, or prejudice. Moreover, these elements must be established by clear and convincing evidence. Circle 76 Fertilizer v. Nelsen, 219 Neb. 661, 365 N.W.2d 460 (1985). Resolving every controverted fact in Schafer Elevator's favor and giving it the benefit of every inference which can be reasonably drawn therefrom, Raben v. Dittenber, 230 Neb. 822, 434 N.W.2d 11 (1989), an examination of the record indicates that there was sufficient evidence to establish each *162 element of equitable estoppel by clear and convincing evidence. Since Commerce Savings, in support of its assignment of error, only contests the sufficiency of the evidence with regard to the fourth and fifth elements of equitable estoppel and thereby concedes the sufficiency of the evidence regarding the other elements, we limit our analysis only to the fourth and fifth elements of equitable estoppel.
Commerce Savings contends that there is not enough evidence to satisfy the fourth element because Schafer Elevator failed to prove that it did not know and could not have found out that the operating loan made by Commerce Savings did not cover the fertilizer and chemical account. Appellant states in its brief:
Schafer Elevator knew that in the prior year of 1984, payments to them were made from the proceeds of the crop and not from any loan account of Commerce Savings.... [T]hat F.H. Schafer Elevator had knowledge that payments were to be made in 1985 the same as they were in prior years....Schafer Elevator, Inc. filed a fertilizer lien in 1984 and 1985 because they knew the account would not be paid until the crop proceeds were available. [The Schafers] had the means of knowledge of the truth of the facts in question in that they had the access to the same information as Commerce Savings regarding Commerce Savings' loan to Mr. Specht in that they could have inquired of Mr. Specht as to the amount of his loan and the items covered by the operating loan or they could have inquired of Farmers Home Administration, who had guaranteed the loan in 1985 as to the conditions of the loan nor did they inquire of [Commerce Savings] as to what portions of the operations were covered by the loan.
However, utilizing the standard of review detailed above, the evidence established that though the Schafers contacted Wigert twice prior to the extension of any credit to the Spechts in 1985, they never knew that the operating loans extended to the Spechts in 1984 and 1985 by Commerce Savings did not cover the fertilizer and chemicals purchased on account. Further, the Schafers testified that if they had known fertilizer and chemicals were not included in the Spechts' operating account, they never would have extended credit to the Spechts. A reasonable inference can be drawn from the evidence that when Wigert told John Schafer that Commerce Savings was going to finance the Spechts' farming expenses and that these expenses were going to be guaranteed by the FmHA, John Schafer believed fertilizer and chemicals were included in those expenses. The same inference can be drawn when, in response to Jack Schafer's expressed concern on whether the Spechts could make it through the year, Wigert told Jack Schafer not to worry, that "the [Spechts] are in better shape than they have been" and that "we have an [FmHA] guaranteed loan commitment...." (Emphasis supplied.) Evidence was also introduced to show that Schafer Elevator filed fertilizer liens as a general business practice and not in response to Commerce Savings' assertion that the Schafers knew that fertilizer and chemicals were not included in the Spechts' operational loan. In addition, the Spechts never discussed their financial matters with Schafer Elevator, but always referred Schafer Elevator to Commerce Savings regarding matters concerning their financing with the appellant.
The rule, long held in this jurisdiction, is that no estoppel can arise where all the parties interested have equal knowledge of the facts, or where the party claiming estoppel has the same means of ascertaining or is chargeable with notice of the facts. Watkins v. Dodson, 159 Neb. 745, 68 N.W.2d 508 (1955); Scottsbluff Nat. Bank v. Blue J Feeds, Inc., 156 Neb. 65, 54 N.W.2d 392 (1952). The converse of this rule is that estoppel will lie where the party asserting estoppel does not have the same knowledge of the facts that the party being estopped has, and does not have the ability to ascertain or is not chargeable with notice of those facts. From the record, it is clear that documents setting forth the coverage of Commerce Savings' operating loan and the FmHA guaranty *163 were internal financial documents not available to the public. Though the record is unclear as to whether Schafer Elevator could have had access to those records had the Schafers requested such access, we hold that the statements attributed to Wigert in this case are legally sufficient to support a finding that Schafer Elevator relied on the facts as related to it and that it was entitled to do so. Accordingly, we hold that there was sufficient evidence to establish the fourth element of equitable estoppel.
Commerce Savings also contends that there was not sufficient evidence to prove the fifth element of equitable estoppel, that of good-faith reliance by Schafer Elevator upon the conduct or statements of Commerce Savings. Apparently, the appellant argues that Schafer Elevator was on notice by the prior conduct of Commerce Savings in 1984 that the Spechts' account was being paid from proceeds of crops and not by an operating loan. Therefore, Schafer Elevator should not be permitted to assert estoppel, since it did not rely in good faith on Commerce Savings' actions. That contention, however, cannot stand, as the evidence establishes that the Schafers never knew the operating loans extended to the Spechts in 1984 and 1985 by Commerce Savings did not cover the fertilizer and chemicals purchased on account, especially since Commerce Savings had clearly represented in conversations with the Schafers that the 1985 farming expenses were going to be financed and protected by an FmHA loan guaranty. Therefore, there is clear and convincing evidence of the fifth element of equitable estoppel.
Accordingly, appellant's second assignment of error is without merit.
MISREPRESENTATION In order to show misrepresentation, the party alleging it must plead and prove the following elements: (1) that a representation was made; (2) that the representation was false; (3) that the representation was known to be false when made, or was made recklessly without knowledge of its truth and as a positive assertion; (4) that it was made with the intention that the plaintiff should rely on it; (5) that the plaintiff reasonably did so rely; and (6) that the plaintiff suffered damage as a result.
Pawnee County Bank v. Droge, 226 Neb. 314, 322-23, 411 N.W.2d 324, 330 (1987).
Commerce Savings challenges the sufficiency of the evidence with regard to only one element of fraudulent misrepresentation, thereby conceding the sufficiency of the evidence establishing the other elements. Commerce Savings contends the evidence was insufficient to show that the representation made was false. The appellant argues the evidence demonstrated that the operating loan it was making to the Spechts did not cover fertilizer and chemicals and that it never made any representations to the contrary. Additionally, the appellant asserts that the Schafers assumed from the statements made by Wigert that the operating loan would cover those expenses. However, resolving every controverted fact in Schafer Elevator's favor and giving it the benefit of every inference which can be reasonably drawn, Raben v. Dittenber, 230 Neb. 822, 434 N.W.2d 11 (1989), the representation by Wigert to the Schafers was that the 1985 farming expenses, without qualification, were to be financed and guaranteed. The evidence is sufficient to support a finding that the Schafers believed farming expenses included fertilizer and chemicals. The representation was definitely false, and the Schafers relied on it to their detriment. "A person is justified in relying upon a representation made to him as a positive statement of fact, when an investigation would be required to ascertain its falsity." Forker Solar, Inc. v. Knoblauch, 224 Neb. 143, 154, 396 N.W.2d 273, 281 (1986).
Therefore, Commerce Savings' third assignment of error is also without merit.
SUFFICIENCY OF THE EVIDENCE
Appellant's next three assignments of error, the giving of jury instruction No. 2 (an instruction on equitable estoppel defense and fraudulent misrepresentation) *164 and insufficient evidence adduced at trial both to sustain appellee's burden of proof on the issue of equitable estoppel and to sustain appellee's burden of proof on the issue of appellee's counterclaim for fraudulent misrepresentation, all concern the issue of sufficiency of the evidence. As set out above, we find that there was sufficient evidence to establish that Schafer Elevator met its burden of proof on the issues of equitable estoppel and fraudulent misrepresentation, and, therefore, the jury instruction on these claims was properly given. "`In our judicial system, it is entirely within the province of the jury to weigh the evidence and resolve the resulting conflicts.'" Raben v. Dittenber, supra at 831, 434 N.W.2d at 17. A jury verdict may not be set aside unless clearly wrong, and it is sufficient if there is any evidence presented to the jury upon which it could find for the successful party. Bell v. Williams Care Center, 226 Neb. 1, 409 N.W.2d 294 (1987). The evidence before the judge and jury was clearly sufficient to support the instruction given and to support a verdict for the appellee on the issues of equitable estoppel and fraudulent misrepresentation.
MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT OR FOR NEW TRIAL
Appellant's last assignment of error, the overruling of its motion for judgment notwithstanding the verdict or, in the alternative, a motion for a new trial, is also without merit.
"The standard of review of an order granting a new trial is whether the trial court abused its discretion.... A motion for new trial should be granted only where there is error prejudicial to the rights of the unsuccessful party. Unless such error appears, a party who has sustained the burden and expense of trial, and who has succeeded in securing a verdict on the facts in issue, has a right to keep the benefit of that verdict."
Mundt v. Northwestern Bell Tel. Co., 230 Neb. 192, 195, 430 N.W.2d 530, 532 (1988).
"On a motion for judgment notwithstanding the verdict, the moving party is deemed to have admitted as true all the material and relevant evidence admitted which is favorable to the party against whom the motion is directed, and, further, the party against whom the motion is directed is entitled to the benefit of all proper inferences which can be deduced therefrom....A jury verdict will not be disturbed unless it is clearly wrong...."
(Citation omitted.) Carnes v. Weesner, 229 Neb. 641, 645, 428 N.W.2d 493, 496 (1988). As detailed above, the verdict in this case was not clearly wrong, and a review of the record reveals no abuse of discretion on the part of the trial court.
Because of the relief granted Schafer Elevator, it is not necessary to discuss the cross-appeal filed herein. Accordingly, the decision of the district court is affirmed.
of Nebraska Supreme Court opinions.


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Home >> Knowledge & Resources >>Countries, Territories & Regions >>Finland
Download Country profile for Finland
Spill Notification Point
Maritime Rescue Coordination Centre
West Finland Coast Guard District PO Box 16 FIN-20101 Turku
Tel:	+358-204 1001
Fax:	+358-294 1019
Competent National Authority
PO Box 26 FI-00023 Government
Response Arrangements
The Ministry of the Interior has overall responsibility for the management and control of oil and chemical spill response. The Finnish Border Guard, operating under the Ministry, is the competent government authority for marine pollution response in the open sea. Rescue Service Departments, managed by municipalities, are responsible for spill response in coastal waters and on the shore.
The Response Commander (RC) is nominated by the Finnish Border Guard for incidents in open sea and by the Rescue Service District for incidents in costal waters or originating from shore. The Finnish Border Guard will nominate the Supreme On-Scene Commander (SOSC) to lead the response activities carried out by ships. The Finnish Border Guard is responsible for the purchase and development of governmental response readiness and is empowered to request and give international assistance when the need arises.
When an oil spill is observed at sea, the report would be given to the nearest Maritime Rescue Coordination Centre (MRCC/MRSC), which would then inform the Rescue Service Districts when needed. Where appropriate, the RC would call for executive assistance from other authorities; despatch recovery vessels and equipment; initiate and co-ordinate recovery efforts; and acquire other necessary materials or staff.
Regional contingency plans have been drawn up for the two regional sea areas by the Finnish Border Guard. Each Rescue Service District has made contingency plan for their coastal areas. Joint plans of the Finnish Border Guard and Rescue Service Districts have been agreed for the two regional sea areas.
Harbour authorities, oil terminals and other oil handling facilities are required to maintain a limited response capability to deal with small spills.
Finland implements the "polluter-pays" principle. In cases when the polluter cannot be identified, Finland has its own national oil pollution compensation fund that can cover the costs for oil pollution response. The national fund can also finance equipment purchases that are made to enhance the nation's preparedness for spills. The capital for the fund is raised by a fixed levy on each ton of oil imported to or transported through Finland. The fund is administered by the Ministry of the Environment, but has its own independent management board responsible for making decisions on compensation. Rescue Service Districts are entitled to receive compensation from the fund for purchases of equipment mentioned in an approved contingency plan.
Response Policy
Due to the sensitive ecology of the Baltic Sea, it has been internationally agreed in the Helsinki Convention that the pollution response policy of Baltic Sea countries is based on the mechanical recovery of oil. The Helsinki Convention allows the use of chemicals only with very strict limitations. Dispersants are not used in Finland.
Finland has been investing in research into combating spills in ice and cold conditions. It currently has the capacity to combat small spillages in icy waters, but in the case of a major spill would normally wait until the ice melts and then recover the oil with traditional techniques.
The Finnish Border Guard maintains 10 main depots which are located at Kalajoki, Vaasa, Pori, Turku, Nauvo, Hanko, Kirkkonummi, Helsinki, Porvoo and Kotka. These have a variety of equipment such as booms, power packs and skimmers. The Finnish government has six oil recovery vessels, all furnished with fixed brush equipment and sweeping arms. In addition, the Finnish Border Guard has contracts for private oil recovery vessels which are at governmental readiness. The Rescue Service Districts have about 150 small (from 10 to 20 metres) oil recovery boats of which 15 are equipped with advanced skimming systems. The Rescue Service Districts also maintain depots of equipment mainly for use in sheltered waters and coastal areas as well as on shore response equipment. Governmental equipment is also stored in some of the Rescue Service Districts' depots.
Oil terminals have stocks of equipment suitable for handling the most likely sizes of spills which could arise from their operations.
Previous Spill Experience
The largest oil spill in Finnish waters resulted from the grounding of M/T ANTONIO GRAMSCI in 1987. This spilled about 7000 tonnes of crude oil. Since 1990, there have been six cases involving spills of over 30 tonnes.
Hazardous & Noxious Substances (HNS)
The operational responsibility for dealing with marine pollution involving HNS has the same structure as for oil pollution response. Finland's capability for responding to HNS incidents is rather limited and two of the oil recovery vessels are built according to the CHEMREC class.
Prevention & Safety
MARPOL Annexes
73/78 III IV V VI
✔ ✔ ✔ ✔ ✔
OPRC '90 OPRC HNS
✔ ✔
CLC Fund Supp HNS* Bunker
'69 '76 '92 '92 Fund
* not yet in force
Regional and bilateral agreements
Convention on the Protection of the Marine Environment of the Baltic Sea Area (with Denmark, Estonia, the European Union, Finland, Germany, Latvia, Lithuania, Poland, Russian Federation and Sweden)
Agreement between Denmark, Finland, Iceland, Norway and Sweden about Cooperation concerning Pollution Control of the Sea after Contamination by Oil or other Harmful Substances.
The Agreement on Cooperation on Marine Oil Spill Preparedness and Response in the Arctic (with Canada, Denmark, Iceland, Norway, Russian Federation, Sweden and the United States of America)
Bilateral agreements with the Russian Federation and with Estonia.
Date of issue: March 2020
These Country & Territory Profiles are provided in good faith as a guide only and are based on information obtained from a variety of sources over a period of time. This information is subject to change and should, in each case, be independently verified before reliance is placed on it. Country & Territory Profiles may have been re-issued solely to incorporate additional or revised information under one heading only. Each Profile has therefore not necessarily been completely verified or updated as at the stated Date of Issue.
ITOPF Limited ("ITOPF") hereby excludes, to the fullest extent permitted by applicable law, any and all liability to any person, corporation or other entity for any loss, damage or expense resulting from reliance on or use of these Country & Territory Profiles.
©ITOPF Limited 2020
These Country & Territory Profiles may be reproduced by any means for non-commercial distribution without addition, deletion or amendment, provided an acknowledgement of the source is given and these Terms & Conditions are reproduced in full.
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redpajama_set_name: RedPajamaCommonCrawl


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This image of the northern lights captures the brilliant light in a lake's reflection.
Storm chasers near Ponoka do it for the love of the chase
When it comes to storm chasing or northern lights, Team Tanner is ready to shoot
Jeffrey Heyden-Kaye
Jul. 24, 2017 12:30 a.m.
They may be considered amateur photographers in the traditional sense of the word but when it comes to storm chasing, Team Tanner is where it's at.
Based out of Alix, the central Alberta duo, Darlene (Dar) and Theresa (Tree) Tanner have found a love of storm chasing and capturing the northern lights (aurora borealis). That love has translated into a large following in social media circles, and it's growing.
The pair have been seriously photographing these fantastic weather phenomena seen in these parts of Alberta for the last five years but that love of the sky and weather patterns has been going strong for about eight to 10 years, says Dar. Whenever they can get out of work, they're taking photos.
With a good understanding of social media hashtags, plus tagging key pages on Twitter and Facebook, Dar and Tree are going one place, and that's up. The #TeamTanner car (and hashtag in social media sites) is hard to miss and the two have just received sponsorship from Ember Graphics out of Stettler and have been selling prints and canvases for some years now.
Very photogenic storms between Ponoka and Halkirk yesterday! #abstorm #teamtanner @treetanner @weathernetwork @CTVdavidspence @StormHour pic.twitter.com/y66btL8hkz
— Darlene Tanner (@dartanner) July 24, 2017
How did that love for weather photography occur? "We didn't really notice all of that in Red Deer," explains Dar, who said they moved from Red Deer to Alix about 10 years ago.
That move to the country gave them the chance to see exactly what all the fuss was about regarding storms and northern lights. Tree says they first started out with smart phones but then moved to digital SLRs. But their gear is mostly entry level equipment. "You don't need anything fancy," explained Tree.
The two have travelled every which way along the central Alberta corridor covering Rocky Mountain House, Drayton Valley, Ponoka, Bashaw and down to Drumheller. Dar says they know much of the back roads in the area, which has helped find some great locations.
Using specialty apps to determine the best times for northern lights or the best location for storm cells has also helped Team Tanner ready for a good shot. That, and social media. The two will take to Twitter to find the best locations or to chat with other chasers.
But the real trick to getting the shot? "Patience," stated Tree simply.
"Just go out there and look at the sky," added Dar.
Sometimes it's a long haul to get the right image, which may never come, Dar said. "It's (storms and aurora) just like the weather. You can't predict it."
And the two love the chase enough that they'll stay up late into the early hours of the morning to catch the reflection of the aurora in a lake or the rotation of a storm cell.
For Dar, it's all about, "The excitement, the thrill. The energy that you get from it."
"Time means nothing," added Tree.
#TeamTanner now has more than 2,300 followers on their Facebook page called Photography by Team Tanner and they can be seen Tweeting, posting live and sharing photos for all to see.
That love for capturing the northern lights has created an opportunity for them to travel to Iceland in September. It will give them a chance to take photos of the picturesque landscape along with the aurora borealis.
"It's a photographer's paradise, they say," explained Tree.
As for storm chasing and capturing the northern lights, don't be surprised to find #TeamTanner capturing it all in the best locations central Alberta can offer.
This hill makes an ideal backdrop for a storm cell that swept through central Alberta.
Sometimes the best shot comes with the picturesque central Alberta farm scape.
Fire ban issued for parts of southern Alberta
Bashaw ambulance among ones to be upgraded


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New Dylan song released
The last time we heard a new original Dylan composition was "Cross the Green Mountain" two years ago on the "Gods & Generals" soundtrack. After a period during which Dylan has written his autobiography "Chronicles, Volume One", the new original song "Tell Ol' Bill" has now been released on the soundtrack to the movie "North Country".
The compilation album also includes the original album version of "Lay Lady Lay" (from "Nashville Skyline", 1969), "Sweetheart Like You" (from "Infidels", 1983), and "Do Right To Me Baby (Do Unto Others)" (from "Slow Train Coming", 1979), as well as a cover version of "Girl of the North Country", a song that had originally been recorded for "The Freewheelin' Bob Dylan" in 1963, and was released in a duet version with Johnny Cash on "Nashville Skyline" in 1969.
Following the release of his autobiography Dylan told in an interview that he was working on new songs. So far only "Tell Ol' Bill" was released, but we're all hoping for a new album some time soon, maybe next year.
You can listen to "Tell Ol' Bill" and the other tracks from the soundtrack on


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Design Tiny Homes
Wood-Clad ARK Shelter Is a Minimalist Prefab That Opens Up (Video)
Kimberley Mok
Kimberley Mok is a former architect who covered architecture and the arts for Treehugger starting in 2007.
©. ARK Shelter
If you're looking to settle into a smaller home, there are a lot of options out there currently. One could get a custom-built tiny home, or perhaps consider reusing a shipping container; or for the adventurous, even convert a van or retired school bus into a modern tiny home on wheels.
Of course, there's also prefabs, which typically use high-quality materials in an efficient way, and can be pre-assembled and transported to a site within a short period of time. Netherlands-based ARK Shelter offers this lovely, modern specimen of a prefab that boasts a solemn, black-painted wood-clad exterior and a warm, well-lit wooden interior that's been covered all over with cross-laminated timber plates.
© ARK Shelter
© ARK ShelterThe ARK can come in a variety of sizes and configurations, ranging from a single module to a longer, 300-square-foot, 9-ton double-sized module. Full-height windows and patio doors ensure an abundance of light and fresh air coming in. There is also a kitchen and bathroom and different layout options are available. Windows and doors can be shuttered up to provide extra privacy.
The ARK is insulated and heated with a circular woodstove and supplementary electrical heating; it can be powered by solar or wind. A rainwater harvesting and filtration system can be added to the roof. It doesn't require a foundation, meaning it can be set into place almost anywhere.
Surprisingly, the ARK is also not too expensive, sitting in the mid-range with its price tag of USD $59,000 -- placing it in the same ballpark as many high-end, custom-built tiny homes we are seeing nowadays -- yet the ARK looks relatively much more clean and minimalist. The ARK comes with all the furnishings, such as the custom-designed furniture, mattress and woodstove.
'Tiny Loft One' is a Modern Micro-Home With a Big Bathtub
Small Apartment in Prague Is Redesigned As a Minimalist Haven
This Self-Sufficient Tiny House is Home to Family of Three
Familiar Layout Gets the Modern Treatment in This Bright Tiny House (Video)
The Boomer Is an Elegant, Steel-Framed, Open-Plan Tiny Home
Minimalist Monocabin Is a Modular 291 Sq. Ft. Prefab
Prefab Off-Grid Cabin Opens Up With Pulley-Operated Windows
Geodesic Solar-Powered Life Pod Can Be Towed With Regular Car (Video)
Off-Grid 'Micro-Refuge' Re-Interprets the Classic A-Frame Cabin
Aluminum-Clad Airship Prefab Is a Durable, Off-Grid Tiny Home
Beautifully Minimalist Sowelo Tiny Home Is Built Using Renewable Energy
This Modern-Meets-Rustic Tiny Home Opens Up Like a Magic Trick
Cold-Climate Tiny House Built for Mother and Daughter (Video)
The 7 Best Electric Fireplace Heaters of 2021
Kootenay Tiny Home Puts a Lounge in Its Bump Out
Ultra-Minimalist Tiny House Prototype Built for Preserving a 'Slow Town'


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Author Archives: Shalish Mehta
Article author Shalish Mehta
Shalish acts on behalf of both private individuals and commercial clients, bringing or defending claims in the High Court or the County Court. Shalish is fluent in Gujarati and will happily represent those for whom Gujariti is the first language, in English. Shalish is also able to advise and assist with negotiations to resolve disputes, avoiding the need for court proceedings. Shalish joined the firm 10 years ago, very shortly after he qualified as a solicitor. Shalish is a keen sportsman, regularly playing cricket and five-a-side football. He is also a self-confessed foodie, taking great pleasure in sampling different cuisines from around the world. Currently, Shalish is pursuing his interest in languages, attending evening Spanish lessons at a local college.
Diego Maradona wins £59k Dolce and Gabbana court settlement
Intellectual Property, Litigation & DisputesBy Shalish Mehta 13th January 2020
Fashion House Dolce & Gabbana has been ordered to pay Diego Maradona £59,000 in damages following a long-running court dispute after a model wore a Napoli shirt with his name and number on it during a fashion show. Lawyers for Maradona said the retired footballer had not been contacted ahead of the show, which took…
Litigation & Disputes, Personal InjuryBy Shalish Mehta 5th December 2019
In recent years historical abuse cases perpetrated by well-known people have hit the headlines, including Jimmy Saville, Harvey Weinstein and Prince Andrew's friend, Jeffrey Epstein. However, historic sexual abuse cases often involve abuse over a number of years within a family, at a school, in residential care homes or the church. We have helped a…
Councils Appeal High Court Ruling On Traveller Ban
Dispute Resolution, Litigation & DisputesBy Shalish Mehta 5th December 2019
The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land. London Gypsies and Travellers (LGT) argues that such court orders are discriminatory, disproportionate, and effectively criminalise a centuries-old way of life. Anyone found breaching…
South Lakeland Council is owed £576,000
Commercial Debt, Litigation & DisputesBy Shalish Mehta 24th October 2019
South Lakeland District Council (SDLC), who invoice for certain services and charges is owed £576,000 in debts dating back to 2014. SLDC officers said the debt represented a small fraction of the £46 million it had issued invoices or credit notes for from 2014 to 2019-20. Helen Smith, financial services manager for SLDC, said "It's…
Liverpool FC fail in move to trademark the word 'Liverpool'
Intellectual Property, Litigation & DisputesBy Shalish Mehta 9th October 2019
Liverpool FC's attempt to trademark the word "Liverpool" has been rejected by the government's Intellectual Property Office (IPO) due to the "geographical significance" of the city. The trademark attempt sparked outrage within the club's own fanbase, as well as the Liverpool mayor. Liverpool FC said: they would "continue to aggressively pursue those large-scale operations which seek to illegally…
Rita Ora admits she 'feared for her career' during legal battle with her former record label, Roc Nation, which is owned by Jay Z
Dispute Resolution, Litigation & DisputesBy Shalish Mehta 26th September 2019
Singer Rita Ora has recently stated that she 'feared for her career' during her legal battle with her former record label, Roc Nation, which is owned by Jay Z, who signed her in 2008. The court case prohibited Rita Ora from making music for five years. In December 2015 she had filed a lawsuit to…
French international footballer Nabil Fekir's ex-agent takes legal action against Fekir
Dispute Resolution, Litigation & Disputes, NewsBy Shalish Mehta 25th September 2019
French international footballer Nabil Fekir's ex-agent Jean-Pierre Bernes has taken legal action against Fekir due to "premature termination of the contract" between the agent and the footballer. Fekir claimed that Liverpool told lies about the real reason for his collapsed move to Anfield last summer but has been called out by Jean-Pierre Bernes. The ex-agent said: "He has…
Sir Jim Ratcliffe, Britain's third-richest man involved in planning battle
Boundary Dispute, Litigation & Disputes, NewsBy Shalish Mehta 15th August 2019
Sir Jim Ratcliffe, Britain's third-richest man is involved in another planning row with neighbours over plans for a caretaker's cottage to maintain his £6million New Forest holiday home. He had previously overcome a six-year battle against neighbours, officials and conservationists over his plans, which were rejected five times. Work eventually started last year but…
Mamadou Sakho sues WADA for £13m over drug test error
Dispute Resolution, Litigation & Disputes, NewsBy Shalish Mehta 11th August 2019
Crystal Palace defender Mamadou Sakho is suing the World Anti-Doping Agency (WADA) for £13m after accusing them of a drug test-error that ended his career at Liverpool. Sakho was provisionally banned for 30 days on April 28 2016 after being notified by European football's governing body, UEFA, of an anti-doping offence relating to a test taken after March's…
Customers who do not pay on time reduce your profits and can put your business at risk.
Commercial Debt, Debt Recovery, Litigation & DisputesBy Shalish Mehta 1st August 2019
Chasing these debts can be highly time consuming and frustrating, taking you away from the vital job of running your business. However, with the right legal support, it is often possible to recover business debts quickly and cost-effectively, unlocking vital funds for your business, while saving you a lot of time and stress. Our Debt…


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Home/News/Disruptive Technology Foretells Post-4g Communications/Full Text
ICT Results
Disruptive Technology Foretells Post-4g Communications
By ICT Results
With much of the mobile world yet to migrate to 3G mobile communications, let alone 4G, European researchers are already working on a new technology able to deliver data wirelessly up to 12.5 Gbits/second.
The technology — known as 'millimetre (mm)-wave' or microwave photonics — has commercial applications not just in telecommunications (access and in-house networks) but also in instrumentation, radar, security, radio astronomy and other fields.
Despite the quantum leap in performance made possible by combining the latest radio and optics technologies to produce mm-wave components, it will probably only be a few years before there are real benefits for the average EU citizen.
This is thanks to research and development work being done by the EU-funded project IPHOBAC, which brings together partners from both academia and industry with the aim of developing a new class of components and systems for mm-wave applications.
The mm-wave band is the extremely high frequency part of the radio spectrum, from 30-to-300 gigahertz (GHz), and it gets it name from having a wavelength of one-to-10 mm. Until now, the band has been largely undeveloped, so the new technology makes available for exploitation more of the scarce and much-in-demand spectrum.
New products from Europe
IPHOBAC is not simply a 'paper project' where the technology is researched, but very much a practical exercise to develop and commercialize a new class of products with a 'made in Europe' label on them.
While several companies in Japan and the USA have been working on merging optical and radio frequency technologies, IPHOBAC is the world's first fully integrated effort in the field, with a lot of different companies involved. This has resulted in the three-year project, which runs until end-2009, already having an impressive list of achievements to its name.
It recently unveiled a tiny component, a transmitter able to transmit a continuous signal not only through the entire mm-wave band but beyond. Its full range is 30-to-325 GHz and even higher frequency operation is now under investigation. The first component worldwide able to deliver that range of performance, it will be used in both communications and radar systems. Other components developed by the project include 110-GHz modulators, 110-GHz photodetectors, 300-GHz dual-mode lasers, 60-GHz mode-locked lasers, and 60-GHz transceivers.
Truly disruptive technology
Project coordinator Andreas Stöhr says millimetre-wave photonics is a truly disruptive technology for high frequency applications. "It offers unique capabilities such as ultra-wide tunability and low-phase noise which are not possible with competing technologies, such as electronics," he says.
What this will mean in practical terms is not only ultra-fast wireless data transfer over telecommunications networks, but also a whole range of new applications (www.iphobac-survey.org).
One of these, a 60-GHz Photonic Wireless System, was demonstrated at the ICT 2008 exhibition in Lyon and was voted into the Top Ten Best exhibits. The system allows wireless connectivity in full high definition (HD) between devices in the home, such as a set-top box, TV, PC, and mobile devices. It is the first home area network to demonstrate the speeds necessary for full wireless HD of up to 3 Gbits/s.
The system can also be used to provide multi-camera coverage of live events in HD. "There is no time to compress the signal as the director needs to see live feed from every camera to decide which picture to use, and ours is the only technology which can deliver fast enough data rates to transmit uncompressed HD video/audio signals," says Stöhr.
The same technology has been demonstrated for access telecom networks and has delivered world record data rates of up to 12.5 Gbits/s over short- to medium-range wireless spans, or 1500 times the speed of upcoming 4G mobile networks.
One way in which the technology can be deployed in the relatively short term, according to Stöhr, is wirelessly supporting very fast broadband to remote areas. "You can have your fibre in the ground delivering 10 Gbits/s but we can deliver this by air to remote areas where there is no fibre or to bridge gaps in fibre networks," he says.
Systems for outer space
The project is also developing systems for space applications, working with the European Space Agency. Stöhr said he could not reveal details as this has not yet been made public, save to say the systems will operate in the 100-GHz band and are needed immediately.
There are various ongoing co-operation projects with industry to commercialize the components and systems, and some components are already at a pre-commercial stage and are being sold in limited numbers. There are also ongoing talks with some of the biggest names in telecommunications, including Siemens, Ericsson, Thales Communications and Malaysia Telecom.
"In just a few years time everybody will be able to see the results of the IPHOBAC project in telecommunications, in the home, in radio astronomy and in space. It is a completely new technology which will be used in many applications even medical ones where mm-wave devices to detect skin cancer are under investigation," says Stöhr.
Computational Linguistics Finds Its Voice
Samuel Greengard
Getting a Handle on Handles
Alexandra J. Roberts
On the Evolution of Languages: Natural, Mathematical, and Computational
Uri Leron and Orit Hazzan


Copyright: © 2018 Jain H. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Background:Porphyromonas gingivalis (P. gingivalis) is a primary etiologic agent of generalized aggressive and chronic forms of periodontitis. It releases toxins called 'gingipains'.
Highlights:Gingipains, (Arginine-and Lysine-specific cysteine proteinases) are proteases that are critical virulence factors in the progression of periodontitis and degradation of cytokines expressed during inflammation. HRgpA and RgpB (products of two distinct but related genes) induce vascular permeability by activation of the kallikrein/kinin pathway and activating the blood coagulation system which in turn induces gingival crevicular fluid production and progression of inflammation leading to alveolar bone loss.
Conclusion: The review focuses on various DNA vaccines which can induce protection against virulence of gingipains.
Periodontium surrounds the root part of teeth and is composed of gingiva, periodontal ligament, cementum and alveolar bone. Periodontitis is an infectious disease afflicting the tissues anchoring the teeth, eventually leading to loss of teeth [1,2]. Data evaluated by the NHANES 2009-10 estimated that over 47% of the US population, representing 64.7 million adults has periodontitis . The literature suggests that periodontitis is linked with a mosaic of numerous microbiota of the oral biofilm. This biofilm induces local as well as systemic inflammatory responses, thus causing periodontal degradation. It has been decades since the recognition of the oral microbial diversity in humans, and today over 800 species have been identified [4 ,5].
Studies have reported that only 10–20 bacterial pathogens present in the dental plaque called the periodontopathic microbiota, lead to causation of destructive periodontitis. These include Porphyromonas gingivalis (P. gingivalis), Treponema denticola (T. denticola), Tannerella forsythia (T. forsythia) and Aggregatibacter actinomycetemcomitans (Aa) [6-8]. Socransky et al. stated that periodontopathogens can be segregated on the color-coded system reflecting cluster analysis, community ordination and associated disease severity. Amongst these groups, 'red complex' including three species i.e. P. gingivalis, T. forsythia and T. denticola are considered the most pivotal in causing periodontitis. Among the red complex, P. gingivalis is the most effortless to grow and genetically manipulative, so it became the most investigated and examined periodontal bacterium [9, 10].
P. gingivalis, under the environmental conditions that prevail during the host inflammatory response, is able to out-compete other bacteria present in the subgingival microflora and reach important levels within the community . It is a black-pigmented gram-negative anaerobic periodontopathogen. A varied number of virulence factors have been recognized behind the pathogenicity of P. gingivalis, namely fimbriae, lipopolysaccharides, various proteases and hemagglutinins . Ogawa and Hamada were the first to report the hemagglutinating activity and erythrocyte agglutinating activity of P. gingivalis. i.e. 381 FimA fimbria and their oligopeptide segments .
Gingipains are highly virulent cysteine proteinases secreted by P. gingivalis causing progression of periodontitis. Among other functions, they degrade inflammatory cytokines thereby down-regulating the host response and reducing inflammation. Gingipains are also involved in adherence and colonization of epithelial cells, vascular permeability, haemagglutination and hemolysis of erythrocytes by activating kallikrein/kinin pathway and the blood coagulation system, and it also plays an important role in degradation of host proteins and tissues [12,13].
Peptidases are a pivotal part in the causation of infection caused by P. gingivalis. Most of the ones listed are cysteine peptidases including lysine-specific cysteine protease i.e. lys gingipains (Kgp) and arginine-specific cysteine protease i.e. arg-gingipains A and B (HRgpA and RgpB). These two are the major virulence factors of this pathogen. Gingipains are cell-surface-anchored or soluble peptidases which represent around 85% of the total extracellular proteolytic activity of P. gingivalis [14-16]. There are two genes called rgpA and rgpB encoding HRgpA and RgpB whereas only one gene kgp encodes lysine-specific gingipain K (Kgp) [11-17]. rgpA and rgpB are similar in structure, except for the fact that rgpB does not contain the C-terminal adhesin domains of rgpA. There are three main components of rgpA and kgp which include a propeptide domain, a catalytic domain, and a C-terminal adhesion domain [11,18]. The adhesion domain contains four subdomains enlisting Hgp (15, 17, 27 and 44) . hagA and tla encode the parts of the hemagglutinin domains of the kgp and rgpA genes . It is also observed that the adhesion subdomains are highly homologous between rgpA and kgp. In comparison to rgpA, rgpB consists of a propeptide domain and a catalytic domain which does not contain an adhesion domain .
The literature suggests that the virulence of P. gingivalis decreases in Rgp- and/or Kgp-deficient mutants . Rgp is responsible for producing surface proteins on P. gingivalis enlisting fimbrilin a 75 kDa protein, and prolyl tripeptidyl peptidase . HRgpA and RgpB cause generation of bradykinin by activating prekallikrein, whereas Kgp generates kinin directly from its precursor . Gingipains are even pivotal in maintaining a sustainable environment for bacteria to proliferate in the periodontal pocket .
A number of techniques are being applied for development of vaccines to prevent periodontitis; in 1992 Evans et al. concluded that fimbriae from P. gingivalis are cardinal virulent factors which can be used as a target antigen and an effective vaccine against periodontitis . Use of the whole cell has also been quoted; in this, the entire cell was inoculated into the host to bring about immunization . In 2011 Kudyar stated use of outer membrane and observed that its use decreased activities of collagenase, gelatinase, and cysteine protease in gingival tissue . Another study also proposed the use of outer membrane vesicles of P. gingivalis as a mucosal immunogen and adjuvant for a periodontitis vaccine. It was observed that there was inhibition of gingipain proteolytic activity along with a decrease in viability of P. gingivalis . Wilensky et al tested recombinant and native HRgpA vaccination against P. gingivalis infection. Following immunization, the immune response was shifted towards anti-inflammatory response and there was a reduction in bone loss .
DNA vaccines have emerged as a favorable alternative to outmoded protein-based vaccines inducing immune responses. They are safe and stable to use, are specific in the induction of immune response to the antigen of interest including both B and T-cell responses, easy to manufacture and targets a wide variety of infectious diseases. The disadvantages include poor immunogenicity in clinical trials as naked plasmid DNA is often weak and is subjected to degradation by nucleases and demonstrate inefficient delivery to immune cells [25,26]. In a study by Yonezawa et al., mice were immunized with rgpA DNA vaccine, controls were non-immunized mice and mice immunized with control plasmid pVAX1 (2.5 lg/mice) by Gene Gun. It was observed that there was a change in cytokine levels. The production of interleukin (IL)-2, 4, 5 and 12 was found to be elevated, whereas, interferon (IFN)-γ was lower in the serum of the DNA vaccine-immunized mice than in the serum of the control mice. This lowering of IFN-γ levels plays a major role in the protection of mice against bacterial attack. It was concluded that the rgpA DNA vaccine may induce humoral and cellular immune responses to bring about protection against P. gingivalis challenge . In 1998 Genco et al. carried out a study to evaluate the effect of immunization with gingipains on the ability of P. gingivalis of colonization and invasion in mice. Mice were immunized with the 95-kDa gingipain R1, the 50-kDa gingipain R2, or multiple antigenic peptides (MAP)-conjugated gingipain R-derived peptides and then were subjected to challenge with P. gingivalis. It was observed that antibodies directed towards the amino-terminal region of the catalytic domain of gingipain R had capability to induce a protective immune response against P. gingivalis infection .
In another study by Kuboniwa et al. the role of the catalytic domain of Kgp (Kgpcd) in hemoglobin binding by P. gingivalis was evaluated. To enhance antibody responses, a signal sequences was engineered into the plasmid vector which provided antigen secretion. The constructed DNA vaccines were even used in a genetic immunization strategy against P. gingivalis virulence to examine the effectiveness of Kgpcd as an immunogen. It was observed that generated antibodies were able to inhibit Lys- and Arg- specific proteolytic activities. The study showed that supplemented hemoglobin was the only iron source for growth in the iron-restricted condition. The Kgpcd acted as a hemoglobin-binding protein of P. gingivalis. It can be summarized that Kgpcd acts as a possible immunogen to induce a protective response to P. gingivalis infection .
Yonezawa et al. in 2001 demonstrated that in order to induce a protective immune response against the periodontopathogen P. gingivalis, authors manufactured an rgpA DNA vaccine. In the process, they immunized mice intradermally with DNA carrying rgpA using Gene Gun. The vaccine was able to induce high levels of serum antibodies against P. gingivalis. It was also observed that sera from the immunized mice had an almost negligible proteolytic activity of Rgp A & B and binding action of P. gingivalis to a type I collagen was also reduced to a minimum. Moreover, sera were effective in decreasing hemagglutination induced by P. gingivalis. The results suggested that the vaccine was capable of reducing the virulence of P. gingivalis .
Miyachi et al. used rgpA DNA vaccine to immunize mice using a Gene Gun or intranasal route. The immunization was followed by injecting a specified quantity of P. gingivalis. Immunization evoked IgG and sIgA responses against P. gingivalis. There was a decreased loss of alveolar bone in both the groups but the effect was more prominent in the intranasal immunization group than in the Gene Gun group. Thus, the results suggested that immunization with the rgpA DNA vaccine through the nasal cavity is a competent method for the prevention of alveolar bone loss incited by infection with P. gingivalis .
In 2011, Muramatsu et al. also evaluated the protective effect of HRgpA DNA vaccine against virulence of gingipains on bone loss. They divided 6 weeks old female BALB/c mice into 8 groups including a non-immunized group and groups receiving vaccines containing the rgpA catalytic domain [pcat], the HGP44 domain-coding region (phgp44), the HGP 15-27 domain-coding region (phgp15-27), or the N-terminal (phgp44H] or C-terminal (phgp44T) half of the HGP44 domain-coding region against infection by P. gingivalis. There was a significant elevation of specific IgGs against P. gingivalis. This was highest in the rgpA DNA vaccine and in those immunized with phgp44. The reduction in loss of bone was observed to be most in rgpA DNA group followed by phgp44 group . The advantages that DNA vaccines include are that they are simple, easy to manufacture and stable by nature . Stimulation of adaptive and innate immunity reduction of lethality protects bacterial binding to hemoglobin; vaccine protein binds to hemoglobin and induces protective response and induce specific antibodies against enzymes avoidance of safety issues, unlike live vaccines, they do not revert back into virulent forms are other benefits [29,30,33]. Along with this, there are few problems also related to DNA vaccine, such as limited potency in the clinical setting [34,35].
Thus, it can be concluded that DNA vaccines are definitely effective in reducing the virulence of P. gingivalis. It can be used as an effective vaccine to prevent or reduce pathogenicity during the periodontal inflammation.
The authors would like to thank Mrs. Shanti Jha and Mrs. Parul Jain. This was a self-funded research.
1Zheng Y, Hou J, Peng L, Zhang X, Jia L, et al. (2014) The pro-apoptotic and pro-inflammatory effects of calprotectin on human periodontal ligament cells. PLoS One 9: e110421.
2 Percival RS, Marsh PD, Devine DA, Rangarajan M, Aduse-Opoku J, et al. (1999) Effect of temperature on growth, hemagglutination, and protease activity of Porphyromonas gingivalis. Infect Immun 67: 1917-21.
3 Papapanou PN (2012) The prevalence of periodontitis in the US: forget what you were told. J Dent Res 91: 907-8.
4 Souto R, Silva-Boghossian CM, Colombo AP (2014) Prevalence of Pseudomonas aeruginosa and Acinetobacter spp. in subgingival biofilm and saliva of subjects with chronic periodontal infection. Braz J Microbiol 45: 495-501.
5Siqueira JF Jr, Rocas IN (2010) The oral microbiota: general overview, taxonomy, and nucleic acid techniques. Methods Mol Biol 666: 55-69.
6Haffajee AD, Socransky SS (2000)Microbiology of periodontal diseases: introduction. Periodontol 38: 9-12.
7Socransky SS, Haffajee AD (2000) Periodontal microbial ecology. Periodontol 38: 135-87.
8Li N, Collyer CA (2011)Gingipains from Porphyromonas gingivalis - Complex domain structures confer diverse functions. Eur J Microbiol Immunol (Bp) 1: 41-58.
9 Hajishengallis G, Lamont RJ (2012)Beyond the red complex and into more complexity: the polymicrobial synergy and dysbiosis (PSD] model of periodontal disease etiology. Mol Oral Microbiol 27: 409-19.
10 Ximenez‐Fyvie LA, Haffajee AD, Socransky SS (2000) Comparison of the microbiota of supra and subgingival plaque in health and periodontitis. J Clin Periodontol 27: 648-57.
11Ogawa T, Hamada S (1994) Hemagglutinating and chemotactic properties of synthetic peptide segments of fimbrial proteinfrom Porphyromonas gingivalis. Infect Immun 62: 3305-10.
12 Abdi K, Chen T, Klein BA, Tai AK, Coursen J, et al. (2017) Mechanisms by which Porphyromonas gingivalis evades innate immunity. PLoS One 12: e0182164.
13 Li N, Collyer CA. Gingipains from Porphyromonas gingivalis - Complex domain structures confer diverse functions. Eur J Microbiol Immunol (Bp) 1: 41-58.
14 de Diego I, Veillard F, Sztukowska MN, Guevara T, Potempa B, et al. (2014)Structure and mechanism of cysteine peptidase gingipain K (Kgp), a major virulence factor of Porphyromonas gingivalis in periodontitis. J Biol Chem 289: 32291-302.
15Takii R, Kadowaki T, Baba A, Tsukuba T, Yamamoto K (2005) A functional virulence complex composed of gingipains, adhesins, and lipopolysaccharide shows high affinity to host cells and matrix proteins and escapes recognition by host immune systems. Infect Immun 73: 83-93.
16 O'Brien-Simpson NM, Paolini RA, Hoffmann B, Slakeski N, Dashper SG, et al. (2001) Role of RgpA, RgpB, and Kgp proteinases in virulence of Porphyromonas gingivalis W50 in a murine lesion model. Infect Immun 69: 7527-34.
17 Simpson W, Olczak T, Genco CA (2004) Lysine-specific gingipain K and heme/hemoglobin receptor HmuR are involved in heme utilization in Porphyromonas gingivalis. Acta Biochim Pol 51: 253-62.
18Galimanas V, Hall MW, Singh N, Lynch MD, Goldberg M, et al. (2014) Bacterial community composition of chronic periodontitis and novel oral sampling sites for detecting disease indicators. Microbiome 2: 32.
19Kadowaki T, Nakayama K, Okamoto K, Abe N, Baba A, et al. (2000) Porphyromonas gingivalis proteinases as virulence determinants in progression of periodontal diseases. The Journal of Biochemistry 128: 153-9.
20Rapala-Kozik M, Bras G, Chruscicka B, Karkowska-Kuleta J, Sroka A, et al. (2011)Adsorption of components of the plasma kinin-forming system on the surface of Porphyromonas gingivalis involves gingipains as the major docking platforms. Infect Immun 79: 797-805.
21 Evans RT, Klausen B, Sojar HT, Bedi GS, Sfintescu C, et al. (1992) Immunization with Porphyromonas (Bacteroides) gingivalis fimbriae protects against periodontal destruction. Infect Immun 60: 2926-35.
22Kudyar N, Dani N, Mahale S (2011) Periodontal vaccine: A dream or reality. J Indian Soc Periodontol 5: 115-20.
23Nakao R, Hasegawa H, Dongying B, Ohnishi M, Senpuku H (2016) Assessment of outer membrane vesicles of periodontopathic bacterium Porphyromonas gingivalis as possible mucosal immunogen. Vaccine 34: 4626-34.
24Wilensky A, Potempa J, Houri-Haddad Y, Shapira L (2017) Vaccination with recombinant RgpA peptide protects against Porphyromonas gingivalis-induced bone loss. J Periodontal Res 52: 285-91.
25Jafari N, Abediankenari S (2015)Phage particles as vaccine delivery vehicles: concepts, applications and prospects. Asian Pac J Cancer Prev 16: 8019-29.
26 Farris E, Brown DM, Ramer-Tait AE, Pannier AK (2016)Micro- and nanoparticulates for DNA vaccine delivery. Exp Biol Med (Maywood) 241: 919-29.
27 Yonezawa H, Kato T, Kuramitsu HK, Okuda K, Ishihara K (2005) Immunization by Arg-gingipain A DNA vaccine protects mice against an invasive Porphyromonas gingivalis infection through regulation of interferon-gamma production. Oral Microbiol Immunol 20: 259-66.
28 Genco CA, Odusanya BM, Potempa J, Mikolajczyk-Pawlinska J, Travis J (1998) A peptide domain on gingipain R which confers immunity against Porphyromonas gingivalis infection in mice. Infect Immun 66: 4108-14.
29Kuboniwa M, Amano A, Shizukuishi S, Nakagawa I, Hamada S (2001) Specific antibodies to Porphyromonas gingivalis Lys-gingipain by DNA vaccination inhibit bacterial binding to hemoglobin and protect mice from infection. Infect Immun 69: 2972-9.
30Yonezawa H, Ishihara K, Okuda K (2001) Arg-gingipain a DNA vaccine induces protective immunity against infection by Porphyromonas gingivalis in a murine model. Infect Immun. 69: 2858-64.
31Miyachi K, Ishihara K, Kimizuka R, Okuda K.Arg-gingipain A DNA vaccine prevents alveolar bone loss in mice. J Dent Res 86: 446-50.
32 Muramatsu K, Kokubu E, Shibahara T, Okuda K, Ishihara K (2011)HGP44 induces protection against Porphyromonas gingivalis-Induced alveolar bone loss in mice. Clin Vaccine Immunol 18: 888-91.
33 Yonezawa H, Kato T, Kuramitsu HK, Okuda K, Ishihara K (2005) Immunization by Arg-gingipain A DNA vaccine protects mice against an invasive Porphyromonas gingivalis infection through regulation of interferon-γ production Oral Microbiol Immunol 20: 259-66.
34 Gordy JT, Luo K, Zhang H, Biragyn A, Markham RB (2016) A Fusion of the dendritic cell-targeting chemokine MIP3α to melanoma antigen Gp100 in a therapeutic DNA vaccine significantly enhances immunogenicity and survival in a mouse melanoma model. J Immunother Cancer 4: 96.
35 Kutzler MA, Weiner DB (2008) DNA vaccines: ready for prime time? Nat Rev Genet 9: 776-88.


Members of Marshall Athletics' 2017 Hall of Fame class wait to be recognized prior to kickoff of the Thundering Herd's second home game of the year against Kent State. This year's class included Ahmad Bradshaw, Bob Gray, Eric Ihnat, Bill James, Katie Stein Mason, Amanda Williams Paz, Keith Veney, David Wade and Rusty Wamsley.
For some student athletes and coaches, once their days at the institution are through, their names leave with them.
That is not the case for the nine new members of the Marshall Hall of Fame.
Ahmad Bradshaw, Bob Gray, Eric Ihnat, Bill James, Katie Stein Mason, Amanda Williams Paz, Keith Veney, David Wade and Rusty Wamsley now join a group of the finest individuals to ever come through Marshall athletics.
Two hours before they would stand in front of the 20,000 plus fans that came out to support the football team for its matchup against Kent State, these nine stood surrounded by friends and family as they saw their plaques in the Chad Pennington Hall of Fame room for the first time.
The facilities walls are lined with memorabilia from some of the biggest moments in the university's athletic history, including trophies, pictures and two interactive digital boards that have a brief description of each Hall of Fame member to go along with pictures and video.
Former Marshall softball standout Amanda Williams Paz had her name all over the softball record book by the time her college career came to an end, finishing as the school's career leader in hits, runs scored, doubles, RBI, total bases and walks.
Saturday, she added "Hall of Famer" to that record.
A two-time Super Bowl Champion with the New York Giants was also part of newly inducted class. Ahmad Bradshaw played only three seasons as running back for the Thundering Herd football team, but still finished as one of the top five runners in program history.
Bradshaw was welcomed back with a roar from Herd fans as his name was announced over the stadium personal announcement system.
Student athletes and coaches come and go.
It's all part of athletics at the collegiate level. Some will stick around longer than others.
A few might continue their athletic careers at the professional level.
Others may not ever step on a field again, but for these nine, they now join a group of names that will forever be written in the history of Marshall University.
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American cinema is back in Deauville
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Traffic chaos in London – Tower Bridge is no longer closed!
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Scot Gov, are you a public body?
If so, why are you choosing to persist with Income Tax, inflicting deadweight losses on Scots to the tune of at least £12bn a year, when there is an alternative source of revenue (AGR/LVT) which inflicts none?
You are choosing to sustain and increase AVOIDABLE poverty and disadvantage for Scots in blatant disregard of the fine words penned in your Fairer Scotland Action Plan.


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Q: sensible SQL timeouts When you execute a query against a database, what is a sensible timeout strategy.  Normally I just leave the default in place, but wondered if there was a sensible rule of thumb?  What would a DBA typically like to see?

A: I think this is really dependent on what you are doing. If we are talking about reporting, then you'll probably need a much higher timeout than if you are doing simple selects/inserts/deletes.
We normally only allow 30s on non-reporting queries and 3m on our reporting server.

A: This is one of those "it depends" answers.  There are a lot of expensive queries on millions of rows of data that timeout with the default setting.
What a strategy I use is to set that to 0 (in other words, no timeout), and then use SQL Profiler (run a trace) to get the duration.  I multiple that times 1.15 to give myself a 15% buffer so that I don't timeout due to system latency or just a "slow" execution.  But in my opinion, if 115% of the time has passed when tested and it is not completed, 9 times out of 10 something went wrong and a timeout is in order.

A: If you are connecting to SQL Server using the SqlCommand and SqlConnection classes, then there are two timeouts you need to think about:
SqlConnection.ConnectionTimeout
The time needed to get a connection to the database, this defaults to 30 seconds which in my opinion is much too long. We reduce that to 5 seconds.
And
SqlCommand.CommandTimeout
Which obviously depends on the query you are running.

redpajama_set_name: RedPajamaStackExchange


Coming to the kitchen furniture in modern style, we should see stainless steel kitchen tables. Some of us might look at this kitchen furniture is for commercial kitchen. The perspective is right because stainless steel tables are easy to clean and easy to move. The effectiveness of this stainless table has been recognized for years. That is why this table is used in almost all commercial purpose. Restaurant kitchen, hotel kitchen, or any commercial kitchen chooses this table not only because the price is affordable for business budget, but this table has multipurpose functions.
Talking about multipurpose table, besides being kitchen island, stainless table can also be stainless steel dining table. Usually the stainless table is portable completed by wheels. It is because the effective features possessed by the table. The practicality is no longer in doubt because every inch of its feature is usefully designed. Restaurant kitchen in small size can apply stainless table for kitchen island. All tables in stainless are set around the kitchen to prepare the food.
The stainless table can be the food cart, too. Other purpose of this stainless table is for working table. Having stainless table will make the cooking preparation easy. They are very useful for any kind of purpose starting from as preparing table, working table, until food carts. The portable features make the perfect use of this table for every activity.
If the kitchen table is in stainless, the other kitchen furniture is also in stainless. Café kitchen or small restaurant kitchen put the stainless wardrobe, electronics storage, and mounted shelving inside the kitchen together with these tables. Each of them completes each other supporting the cooking activities. Modern kitchen at home can be inspired from this stainless furniture employment. Stainless steel furniture is not limited for the commercial kitchen only; they can also use as furniture in home kitchen, too.


This is Texas Motor Speedway's recently-unveiled "Big Hoss." At some 12 stories tall, it's the world's largest HD TV, so large that you could fit nine Alamos on its surface.
If you don't measure things by units of the Alamo, Big Hoss TV covers 20,633.34 square feet, which is 5,520 feet larger than the world's next-largest HD screen installed at Charlotte Motor Speedway back in 2010.
Big Hoss' numbers are more than a little impressive, so let's just run through them once and for all.
For a better sense of the size of this thing, with its 16 segments and 40 LED modules, take a look at how it dwarfs people and cranes during its four-month construction period.
And here's a closer look at all of those LEDs.
We are but ants compared the vast majesty of Big Hoss TV.
Here's a look at the control room, with five servers and the ability to display 16 different cameras at once, ESPN reports.
The screen got its official debut last night with some fireworks, the only things smaller than the screen.
Here's one last wide shot of the screen, which emphasizes how puny we all are as minute humans to the incomprehensible glory of Boss Hoss TV.
What's amazing is that Texas Motor Speedway President Eddie Gossage told the press that it only cost "tens of millions of dollars," the Star-Telegram reports. All things considered, that doesn't sound like very much. Anyone want to go in with me on a screen that's even bigger?