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Riddle v. Whitehill, 135 U.S. 621 (1890)
U.S. Supreme CourtRiddle v. Whitehill, 135 U.S. 621 (1890)
Riddle v. Whitehill
No. 314
Submitted May 1, 1890
Decided May 19, 1890
The right of one partner to have the affairs of the firm wound up at once, upon the assignment by the other partner before the expiration of the term of all his property for the benefit of its creditors is subject, to modification according to circumstances.
When one of two partners purchases real estate with partnership funds, but takes title in his own name, and takes possession, his possession is the possession of both, and a trust results in favor of his partner.
U.S. Supreme CourtRiddle v. Whitehill, 135 U.S. 621 (1890) Riddle v. Whitehill No. 314 Submitted May 1, 1890 Decided May 19, 1890 135 U.S. 621 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS Syllabus The right of one partner to have the affairs of the firm wound up at once, upon the assignment by the other partner before the expiration of the term of all his property for the benefit of its creditors is subject, to modification according to circumstances. When one of two partners purchases real estate with partnership funds, but takes title in his own name, and takes possession, his possession is the possession of both, and a trust results in favor of his partner. Statutes of limitation do not run against a cestui que trust where the trust is express and clearly established, but when the trustee openly disavows it, and sets up adverse title in himself, time begins to run. Where partnership affairs are being wound up in due course, without antagonism between the parties or cause for judicial interference, assets are being realized and debts extinguished, and no settlement has been made between the partners, the statute of limitations has not begun to run. When the right of action accrues between partners after a dissolution of the partnership so as to set the statute of limitations in motion depends upon the circumstances of each case, and cannot be held as matter of law to arise at the date of the dissolution or to be carried back by relation to that date. On the 10th day of March, 1885, George R. Riddle and Wilson S. Packer, as trustee for Electra Packer, filed their bill of complaint in the Circuit Court of the United States for the Eastern District of Arkansas against Joseph M. Whitehill, alleging that on the 7th day of March, 1870, and for more than twenty Page 135 U. S. 622 years prior thereto, the complainants and one T. J. Coleman, deceased, were partners in business under the firm style of Riddle, Coleman & Co., with their principal office at the City of Pittsburgh, in the State of Pennsylvania, engaged in dealing in coal, purchasing and transporting the same to the markets on the lower Mississippi River and elsewhere, and selling the same for a profit; that on said 7th day of March, 1870, said firm of Riddle, Coleman & Co. entered into an agreement with the defendant, Joseph M. Whitehill, as follows: "Memorandum of articles of agreement between J. M. Whitehill, of the first part, and Riddle, Coleman and Co., of the second part, as follows:" "They agree to start a coal depot at Island Eighty-Two in co-partnership, and the said Whitehill agrees on his part to give his whole attention to the management at the coal yard, and the said Riddle, Coleman and Co., on their part, are to furnish coal, capital, or credit to start the yard, and charge no interest for the extra capital, in lieu of the said Whitehill's services at the depot. The said Whitehill is entitled to one-half the profits or losses, and the said Riddle, Coleman and Co. the other half, to be allowed about Vicksburg and New Orleans prices for the coal delivered at the island. It is also agreed that the business shall be carried on under the name and style of J. M. Whitehill and Co., and the partnership is exclusively for the purpose of selling coal by retail, and no other, and to continue for five years, providing the firm of Riddle, Coleman and Co. wish to continue in the coal business; but if they want to stop the coal business, or wish to draw out of the business at Eighty-Two, the firm of J. M. Whitehill and Co. is to wind up their affairs and sell the stock to the best advantage for all parties concerned." "This the 7th day of March, A.D. 1870." "J. M. WHITEHILL" "RIDDLE, COLEMAN & Co." That in accordance with said agreement, Riddle, Coleman & Co. furnished to said firm of J. M. Whitehill & Co. a complete Page 135 U. S. 623 plant and outfit with which to start a coal yard and depot for the retailing of coal at Island Eighty-Two, consisting in part of a wharfboat, with rooms for office, for residence of Whitehill's family, quarters for the crew and employees of the firm, box-boats or flats for measuring out and selling coal from boxes, shovels, chains, lines, barrows, anchors, etc., and also coal in barges and coal-boats; insured the same, and also furnished additional plant and stock from time to time as needed for said business, and Whitehill & Co. established a depot and coal fleet at Island Eighty-Two, and carried on the business of a retail dealer in coal for about the space of two years at that point, and, with the knowledge and consent of Riddle, Coleman & Co., started a retail store there, partly for the purpose of supplying their labor, and partly for profit, carried on with the capital of Riddle, Coleman & Co., and for the profit of J. M. Whitehill & Co.; that in the latter part of the year 1871, or early in 1872, to induce the firm of J. M. Whitehill & Co. to change and remove their place of business, depot, and coal fleet from Island Eighty-Two to Arkansas City, the proprietors of the last-mentioned place leased to that firm, free of rent, the landing and coaling privileges at Arkansas City for a term of years, and donated to them certain town lots in said town; and, with the knowledge and approbation of Riddle, Coleman & Co., the firm of J. M. Whitehill & Co. changed during the year 1872 the location of their business from Island Eighty-Two to Arkansas City, and the fleets, barges, boats, and all their outfit were moved by one of the tow-boats of Riddle, Coleman & Co. from Island Eighty-Two to Arkansas City, and from that time until October, 1877, and afterwards, J. M. Whitehill & Co. carried on the business as dealers in coal at Arkansas City, and also kept a general store, and did a general merchandising business at that place. That in addition to the landing and coaling privilege and the lots donated to said firm by the proprietors of said town as an inducement to said firm to locate their business at that point, the said J. M. Whitehill, for the use of the firm, purchased a large number of other town lots in the town, and paid for the same with the money of the firm, and in like manner acquired Page 135 U. S. 624 and purchased an undivided half interest in the entire riverfront of the town for a distance of about three thousand feet, and leased the other half interest in the riverfront for a period of twenty-five years from the 1st day of May, 1872, and paid for the same out of the money and with the property of the firm, and expended large sums of the money of the firm in building residence houses, storehouses, warehouses, high water platform, a large and expensive icehouse, a hotel, and other valuable improvements on the lots and lands so donated to and purchased with the money and property of said firm, and certain lots are enumerated as having been conveyed as an inducement to locate at said town. The bill further averred that the riverfront was leased to the firm on the 1st day of May, 1872, for five years, and this was subsequently extended for the additional term of twenty years from the 1st day of May, 1877; that on the 21st of July, 1875, an undivided half of the riverfront was sold and conveyed to the firm; that the deeds to some of the land and town lots were taken in the name of J. M. Whitehill & Co., and the deeds to other parts of the land and town lots were taken in the name of J. M. Whitehill; but complainants charge that all the land and town lots not donated to the firm were purchased with its money and for its benefit, and held as partnership assets of the firm. That the business of the firm of J. M. Whitehill & Co. was very profitable, and large profits were realized therefrom, all of which, and much of the capital furnished by Riddle, Coleman & Co., were used in the purchase and improvement of the lots and riverfront, and J. M. Whitehill & Co. became largely indebted to said Riddle, Coleman & Co. for plant and stock furnished by them. It was further alleged that Riddle, Coleman & Co. became embarrassed and were forced to suspend business, and on the 15th day of October, 1877, made an assignment to James Lynn, as assignee, under the laws of the State of Pennsylvania, of all their real and personal property, including the indebtedness to them from J. M. Whitehill & Co., and all their interest in the business, profits, and property of said J. M. Whitehill & Co. of every description, to be collected or sold and disposed Page 135 U. S. 625 of for the benefit of their creditors; that T. J. Coleman, a member of the firm of Riddle, Coleman & Co., died in the year 1878; that the surviving members of that firm, to-wit, the complainants in this cause, devoted themselves, with the aid of the assignee, to realize on the assets of the firm, and after several years' attention to that object, and the application of their individual means to the payment of the debts of the firm, they succeeded in settling up and discharging the debts, and, upon a public sale made in virtue of the powers contained in the deed of assignment, with the express assent of their creditors, all the uncollected assets of the firm, including the indebtedness of the defendant J. M. Whitehill, and the firm of J. M. Whitehill & Co., were assigned and conveyed by said assignee to W. S. Packer, as trustee for Electra Packer, and George Riddle, by deed dated the 3d day of January, 1885, a copy of which was attached. Complainants averred that no part of the indebtedness of J. M. Whitehill or J. M. Whitehill & Co., and no part of the assets of said J. M. Whitehill & Co., was ever paid to or collected by the said assignee, and the same, and the right to sue for and collect the same, is now vested in the complainants, who are also the sole surviving partners of said firm of Riddle, Coleman & Co.; that at the time of the assignment, the 15th day of October, 1877, the firm of J. M. Whitehill & Co. was indebted to the firm of Riddle, Coleman & Co. in the sum of $10,000 for plant, stock, boats, barges, flats, ferry-boats, tugs, anchors, etc., and for coal furnished and supplied to J. M. Whitehill & Co. by Riddle, Coleman & Co.; that Riddle, Coleman & Co. were entitled to one-half of the profits realized by said firm, and also entitled to one-half of the assets of the firm of J. M. Whitehill & Co., which amounted in part to over $65,000, given in various items; that defendant, Whitehill, published a dissolution of the firm, and took and retained possession of all its assets, and on the tenth day of March, 1881, sold and delivered to Brown, Jones & Co. a part of the property of the firm of J. M. Whitehill & Co. for the sum of $16,000, and also leased to Brown, Jones & Co. the coal privilege at the landing for a term of ten years at the price and Page 135 U. S. 626 sum of $800 per annum, and has collected and received the same for three or four years, and is now in receipt of the same; that there is on said riverfront a large and valuable icehouse, warehouses, and other large and valuable improvements erected thereon with the money and for the benefit of J. M. Whitehill & Co., from which defendant, Whitehill, has collected rents and received the profits since the date of the assignment of Riddle, Coleman & Co.; that Whitehill has carried on the business of a receiving and forwarding merchant and ferryman, by reason of holding the riverfront, and derived large profits; that he has received annually large sums of money for the rent of houses and an hotel, built with the money of the firm of J. M. Whitehill & Co., and Riddle, Coleman & Co. are entitled to one-half of all these receipts; that defendant Whitehill has sold some of the lots embraced in the conveyances aforesaid, and received the money therefor, and has exchanged some of the lots for other property situated in the town, and, as the title was in some instances taken in his own name, the purchasers or grantees of some of the lots may have taken the same for a valuable consideration without notice of the rights of Riddle, Coleman & Co., but defendant, Whitehill, should be held to account for the proceeds of such lots, to one-half of which complainants are entitled, and that, as complainants charge on information and belief, Whitehill purchased with the money of Whitehill & Co. a plantation, and took the title thereto in the name of his wife and his brother, and ought to be required to account for the same. The bill then prayed that an account be taken of the partnership business of the firm of J. M. Whitehill & Co.; that that firm may be dissolved; that a master may be appointed to state an account of the business and property and the liabilities of the firm, the indebtedness of J. M. Whitehill & Co. to Riddle, Coleman & Co., the interest of Riddle, Coleman & Co. in the assets of the business of J. M. Whitehill & Co., the profits realized by Whitehill from the property and privileges of J. M. Whitehill & Co., etc., and that at the final hearing complainants may have a decree for the amount due from the defendant, and that the lots and Page 135 U. S. 627 real estate purchased with the assets of the firm, remaining undisposed of to bona fide holders without notice, be appropriated to the satisfaction of the decree, and a judgment be rendered against the defendant for any balance due complainants on the business of said partnership, and that a receiver be appointed, and for general relief. The bill was verified by one of the complainants. The defendant, Whitehill, demurred, and assigned for causes of demurrer: "First, that said bill, in case the same were true, contains no matter of equity whereon this Court can ground any decree, or give complainants any relief, as against this defendant." "Second, that it appears by the bill that said James Lynn is a necessary party, inasmuch as it is stated that said Riddle, Coleman & Co. assigned to him all the real and personal property of said firm, and it does not appear that he has disposed of the same, and the bill seeks action in relation thereto." "Third, that the right of action, if any existed to sue for the settlement of the partnership matters, accrued at the time of the dissolution of said firm of J. M. Whitehill & Co., on October 15, 1877, and more than seven years next before the institution of this suit, and that the demand is stale, and is barred as a cause of action against this defendant." "Fourth, that it appears from the bill that the creditors of said Riddle, Coleman & Co. were paid before the pretended sale to complainants by said James Lynn as assignee on January 3, 1885, and that there is no privity between complainants and this defendant to enable them to call on him for a settlement of said partnership matters." On the 14th of April, 1886, the court sustained the demurrer, and ordered the bill to be dismissed for want of equity, and complainants prayed an appeal to this Court, which was allowed. On the 7th of October, 1886, one of the days of the same term, the complainant moved to set aside the decree dismissing the bill, and for leave to amend the same by inserting therein that the defendant continued in the possession and control of the assets belonging to the firm of J. M. Whitehill Page 135 U. S. 628 & Co. for the professed purpose of paying the debts of the firm, representing to the assignee, Lynn, that J. M. Whitehill & Co. were indebted in the sum of $20,000; that he (the defendant) had in 1879 made arrangements to pay said indebtedness by installments of $6,000 per year, and that he was using the assets of the firm for that purpose; that defendant did not make any adverse claim to the assets belonging to J. M. Whitehill & Co. until long after the sale hereinbefore stated, in 1881, and that after paying all the debts of J. M. Whitehill & Co., the defendant is indebted to the firm of Riddle, Coleman & Co., and subject to account, as hereinbefore stated. This motion to set aside the decree and for leave to amend was continued on the 23d day of October, 1886, to the next term at which term the motion was overruled. The transcript of record was filed in this Court on the second day of April, 1887. The sections of the statute of limitations of Arkansas referred to are as follows: "SEC. 4471. No person or persons, or their heirs, shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments, but within seven years next after his, her, or their right to commence, have, or maintain such suit shall have come, fallen, or accrued, and all suits, either in law or equity, for the recovery of any lands, tenements, or hereditaments, shall be had and sued within seven years next after title or cause of action accrued, and no time after said seven years shall have passed." "SEC. 4478. The following actions shall be commenced within three years after the cause of action shall accrue, and not after:" "First, all actions founded upon any contract or liability, express or implied, not in writing." "SEC. 4483. Actions on promissory notes, and other instruments in writing not under seal, shall be commenced within five years after the cause of action shall accrue, and not afterwards." "SEC. 4488. All actions not included in the foregoing provisions shall be commenced within five years after the cause of action shall have accrued." Dig.Stat.Ark. 1884, p. 886. Page 135 U. S. 632 MR. CHIEF JUSTICE FULLER, after stating the facts as above, delivered the opinion of the Court. Upon the face of the bill, of which the transfer to the complainants formed a part, we think the latter could maintain the suit if a cause of action existed, and we assume that the demurrer was sustained, and the bill dismissed, as the result of the application of the statute of limitations or the doctrine of laches. Should this conclusion have been reached upon the facts admitted? By the terms of the agreement in question, the partnership was to continue for five years, provided Riddle, Coleman & Co. wished to remain in the coal business, but if not or if they desired to terminate this particular connection, J. M. Whitehill & Co. were "to wind up their affairs and sell the stock to the best advantage for all parties concerned." The five years ran out on the 7th day of March, 1875, but the firm went on in business. Many of the lots in question had been conveyed to Whitehill & Co. prior to 1875, and the term of the lease of the riverfront did not expire until May, 1877, when it was renewed for twenty years, an indication that the firm had then no intention of bringing its business to an end. The management at Arkansas City was confided to Whitehill, while Riddle, Coleman & Co. furnished the capital invested in the plant, and the coal from year to year, dealing in which was the specific object of the enterprise. On the 15th day of October, 1877, the firm of Riddle, Coleman & Co., which had then been carrying on business at Pittsburgh for more than twenty-seven years, was compelled to make an assignment. If a member of an ordinary partnership assigns where the partnership is at will, the assignment dissolves it, and if it is not at will, the assignment may be treated by the other members of the concern as a cause for dissolution. Page 135 U. S. 633 The assignee of one partner cannot be made a member of a partnership against the will of the other partners, but the absolute right to have the affairs of the firm at once wound up, when the specified duration of the partnership has not expired, may be subject to modification according to circumstances. Taft v. Buffum, 14 Pick. 322; Buford v. Neely, 2 Devereaux Eq. 481; Monroe v. Hamilton, 60 Ala. 226; Lindley on Part. *364; Helmore v. Smith, 35 Ch.D. 436. In the case at bar, J. M. Whitehill & Co. continued in business after October, 1877, although the bill does not state for how long a time. The failure of Riddle, Coleman & Co. presumably prevented their furnishing coal, yet the averments of the bill show that the business of Whitehill & Co. had expanded far beyond the traffic to which it had been originally confined. But, assuming that by the assignment the partnership of J. M. Whitehill & Co. was dissolved, it was the duty of Whitehill to proceed at once to wind up the business and sell the stock to the best advantage not only for himself but for Riddle, Coleman & Co., and this was in compliance with the express provisions of the agreement. It appears that a portion of the stock, to the amount of $16,000, was not sold until the 10th day of March, 1881 at which time the coal privilege at the landing was leased for ten years, and while some of the real estate had been disposed of, a large part remained yet to be divided when the bill was filed. The proposed amendment showed that the firm's liabilities were not liquidated until 1883. According to the allegations of the bill, on the 15th day of October, 1877, when Riddle, Coleman & Co. assigned, the firm of J. M. Whitehill & Co. was the owner of town lots, of riverfront, residences, storehouses, and a hotel, bought and paid for with the partnership funds. The title stood in the name either of J. M. Whitehill or of J. M. Whitehill & Co., and part of the property was in use for partnership purposes and so employed, while a part was not, but represented the investment of partnership gains. A partnership, as such, could not hold the legal title to real estate, as it is not a person in fact or in law, and the situation in this case is well described in Page 135 U. S. 634 Percifull v. Platt, 36 Ark. 464, where it was held: "If the title be made to all the partners by name, they hold the legal title as tenants in common, without survivorship. If to one partner alone, the whole legal title vests in him, which is the case also where the title is to a partnership name, which, as in this case, expresses the name of one party only, with the addition of '& Co.' If the deed be to a name adopted as the firm style, which includes the name of no party, it passes nothing in law. The same occurs where the deed is to one already dead." As to this real estate, whether the deeds ran to J. M. Whitehill & Co. or to J. M. Whitehill, the latter held the title in trust, and it was so ruled in McGuire v. Ramsey, 9 Ark. 519. It is there said that "where real estate is purchased and paid for with partnership funds, but conveyed to one of the partners alone, a trust results in favor of the other partners," and that lapse of time "cannot be allowed in favor of one partner in possession of real estate against the other, for the possession of one is the possession of both." Lord Redesdale, in Hovenden v. Lord Annesley, 2 Sch. & Lef. 633, laid down the rule that if the trust be constituted by act of the parties, the possession of the trustee is the possession of the cestui que trust, and no length of such possession will bar; but if a party is to be constituted a trustee by the decree of a court of equity, founded on fraud or the like, his possession is adverse, and the statute of limitations will run from the time that the circumstances of the fraud were discovered. "As a general rule, doubtless," said MR. JUSTICE GRAY, delivering the opinion of the Court in Speidel v. Henrici, 120 U. S. 377, 120 U. S. 386, "length of time is no bar to a trust clearly established, and express trusts are not within the statute of limitations, because the possession of the trustee is presumed to be the possession of his cestui que trust. . . . But this rule is in accordance with the reason on which it is founded, and as has been clearly pointed out by Chancellor Kent and Mr. Justice Story subject to this qualification -- that time begins to run against a trust as soon as it is openly disavowed by the trustee, insisting Page 135 U. S. 635 upon an adverse right and interest which is clearly and unequivocally made known to the cestui que trust, as when, for instance, such transactions take place between the trustee and the cestui que trust as would, in case of tenants in common, amount to an ouster of one of them by the other. . . . In the case of an implied or constructive trust, unless there has been a fraudulent concealment of the cause of action, lapse of time is as complete a bar in equity as at law." Courts of equity sometimes act in obedience to the statute, and sometimes apply it by way of analogy. Where the cause of action is legal, and the statute has barred the remedy at law, the defense is as complete in equity as at law; but where the case falls within the proper, peculiar, and exclusive jurisdiction of a court of equity, the statute is not necessarily applied. Real estate purchased with partnership funds for partnership uses, though the title be taken in the name of one partner, is in equity treated as personal property so far as is necessary to pay the debts of the partnership and to adjust the equities of the partners; but the principle of equitable conversion has no further application. Clagett v. Kilbourne, 1 Black 346, 349; Shanks v. Klein, 104 U. S. 18; Allen v. Withrow, 110 U. S. 119; Buchan v. Sumner, 2 Barb.Ch. 165; Collumb v. Read, 24 N.Y. 505. Whitehill here was in possession for the benefit of the parties lawfully entitled, and apparently occupied no position adverse to them. In Knox v. Gye, L.R. 5 H.L. 656, the effect of the statute of limitations, 21 Jac. I, c. 16, providing that all actions of account and upon the case should be commenced and sued within six years next after the cause of such action or suit, and not after, as repeated in the ninth section of 19th & 20th Vict. c. 97, with this additional provision, namely, that "no claim in respect of a matter which arose more than six years before the commencement of such action or suit shall be enforceable by action or suit by reason only of some other matter of claim comprised in the same account having arisen within six years next before the commencement of such action or suit," upon a bill for an account brought by the executor of a deceased partner against the survivor more than six Page 135 U. S. 636 years after the death was considered. It was held that the matter -- namely, the dissolution of the partnership and consequently the possession of the partnership property by the surviving partner, arose more than six years before the commencement of the suit, and was barred; that the right of action arose upon the death of the deceased partner, and the cause of action was the possession of the partnership estate by the surviving partner; that where, in the matter of the enforcement of a legal right, a court of common law would, under the provisions of the statute of limitations, refuse the enforcement after the lapse of six years from the accruing of the right of action, a court of equity would, where its power to grant relief was asked for under similar circumstances, adopt the principle of the statute and decline to grant such relief. Lords Weestbury, Colonsay, and Chelmsford concurred in the result, while the Lord Chancellor (Lord Hatherly) dissented. It was held by Lord Westbury that "there is no fiduciary relation between a surviving partner and the representatives of his deceased partner. There are legal obligations between them equally binding on both." But the Lord Chancellor insisted with emphasis that "there is a fiduciary relation between them. The surviving partner alone having the legal interest in the partnership property, and being alone able to collect it, there arises a right in the representatives of the deceased partner to insist on the surviving partner holding the property, whenever received, subject to the rights of the deceased partner, and he cannot make use of the partnership assets without being liable to an account for them." We are not prepared to decide that there is a definite rule of law that statutes of limitation commence to run immediately upon the dissolution of a partnership, irrespective of the circumstances of the particular case. Mr. Justice Lindley, in his excellent work on Partnership, says: "So long, indeed, as a partnership is subsisting, and each partner is exercising his rights and enjoying his own property, the statute of limitations has, it is conceived, no application at all; but as soon as a partnership is dissolved, or there is any exclusion of one partner by the others, the case is very different, and the statute Page 135 U. S. 637 begins to run." American ed. 1888, *510. The learned author in his last edition cites Knox v. Gye, supra, and Noyes v. Crawley, 10 Ch.D. 31, in which Vice-Chancellor Malins quotes the above language with commendation, and dissents from Miller v. Miller, L.R. 8 Eq. 499. Where, however, partnership affairs are being wound up in due course, without antagonism between the parties or cause for judicial interference, where assets are being realized upon and liabilities extinguished, and no settlement has been made, the cause of action has not accrued, and the statute has not begun to run. Of course where the partnership expires in accordance with its terms or is dissolved by agreement, each partner, as a general rule, has an equal right to the possession of the partnership property, and if they cannot agree as to the disposition and division of it, a court of equity will appoint a receiver to collect and apply the effects. Each partner has a right to have the partnership assets applied in liquidation of the partnership debts, and to have the surplus assets divided, and each may insist on a sale, and that nothing shall be done except with a view to wind up the concern. But in case of dissolution by death, surviving partners are invested with the exclusive right of possession and management of the whole partnership property and business for the purpose of paying the partnership debts, and disposing of the effects of the concern for the benefit of themselves and the estate of the deceased. Emerson v. Senter, 118 U. S. 3. If they go on with the business under the credit, and risking the effects, of the firm and profits result, they will be bound to account for those profits as belonging to the firm, and they are liable to be charged with interest on the funds they use, though no profit, or even a loss, is made. And so, upon dissolution by an assignment, the solvent partners are in equity entitled to hold the effects and property in the way that surviving partners do, and if they continue the business, it is at their own peril in the absence of special provision. When the right of action accrues so as to set the statute of limitations in motion depends, as we have said, upon circumstances, and cannot be held as matter of law to arise at the Page 135 U. S. 638 date of the dissolution or to be carried back by relation to that date. Todd v. Rafferty's Administrator, 30 N.J.Eq. 254; Partridge v. Wells, 30 N.J.Eq. 176; Prentice v. Elliott, 72 Ga. 154; Hammond v. Hammond, 20 Ga. 556; Massey v. Tingle, 29 Mo. 437; McClung v. Capehart, 24 Minn. 17; Hendy v. March, 75 Cal. 566; Foster v. Rison, 17 Grattan 321; Roggs v. Johnson, 26 W.Va. 821; Atwater v. Fowler, 1 Edw.Ch. 423. In Causler v. Wharton, 62 Ala. 358, the court held that where one partner, by a written agreement with the other, left the partnership assets with him to dispose of whenever he could do so at a fair price, a continuing trust was thereby created, and the bar of the statute of limitations would not begin to run against the right to an account of the partnership dealings so long as the party to whom the assets were delivered acted under the trust or admitted that it was still continuing. Under the agreement here, it is obvious that it was Whitehill who was to close up the business at Arkansas City, which had been under his management, and, under the averments of this bill, such a trust was created as would not be barred by the statute of limitations until it was repudiated by Whitehill, which attitude on his part there is nothing here to disclose unless his defense to the bill may be construed as such. In Adams v. Taylor, 14 Ark. 62, it was held that "the relation between co-partners does not create such a trust as will exempt a bill for a mere account and settlement from the operation of the statute of limitations, or the analogous bar by lapse of time or staleness of the demand." That was a case where a partner came into chancery, eight years after the dissolution of the partnership, for an account and settlement, and no circumstances of fraud, accident, or concealment were alleged to have prevented the settlement after the partnership affairs had been wound up. The question of when the right of action accrued did not arise, nor was that anything more than, as stated by the court, a bill for a mere account and settlement; whereas we have in this case the state of affairs which existed in McGuire v. Ramsey, 9 Ark. 519, where, with respect to real estate paid for with partnership funds, it was Page 135 U. S. 639 held that the plea of the statute could not be allowed in favor of one partner in possession of such real estate as against the other. The case of Chouteau v. Barlow, 110 U. S. 238, is very much in point. Sanford, Chouteau, Sarpy, and Sire were co-partners in business in St. Louis. During its existence, the partnership purchased and paid for with the partnership funds acre lands and town lots in Wisconsin and Minnesota, and held the same for the benefit of the co-partnership. The firm was dissolved in 1852 by the retirement of Sanford, and some twenty-four years thereafter his executor and trustee filed a bill against the representatives of the other members of the firm, who had all died, to compel an accounting touching the property of the partnership, and the proceeds of such property. The dispute between the parties was as to the terms of the agreement of dissolution of the partnership in 1852. The complainants alleged that Sanford released to Chouteau all his interest in the estate of the firm except its lands and town lots in Minnesota, and that Chouteau agreed to relieve Sanford from the debts of the firm, and assure to him his proportion of the lands and town lots free from any debt or liability growing out of the co-partnership affairs. The answer alleged that Chouteau agreed to relieve Sanford from the debts of the firm, and that Sanford released to Chouteau all his interest in the assets of the firm, including his interest in any of the lands and town lots in Minnesota, and further averred by way of defense that more than six years had elapsed since the accruing of any of the alleged causes of action set out in the bill. The opinion of the court thus concludes: "On the whole case, we are of opinion that after the dissolution of the St. Louis firm, the members other than Sanford were entitled to collect and dispose of all its assets, including the Minnesota 'outfit' and the Minnesota lands, to liquidate its affairs, without the interference of Sanford; that all claim on their part against Sanford individually was relinquished, leaving recourse only to those assets, and that, if there should be any surplus of those assets after paying the debts of the firm, and the advances of any of the other partners therefor, Sanford's executors would be entitled Page 135 U. S. 640 to his proper proportion of such surplus. No judicial accounting has been had on the basis of the rights of the parties, as we have defined them. The bill prays that the defendants may account touching the affairs and property of the co-partnership, and touching the proceeds of any such property. We think the plaintiffs are entitled to such an accounting, and are not barred from it by laches or by the operation of any statute of limitations." In the case at bar, the business of Riddle, Coleman & Co. was finally wound up by the payment of its debts in full, to do which, as we understand the bill, coupled with the terms of the deed to the complainants, a public sale was had with the consent of the creditors, and the complainants purchased the interest in, and the rights and claims against, certain companies and individuals in the south, along the Mississippi River, including the interest and claims against Whitehill and the late firm of J. M. Whitehill & Co. This was within four years after Whitehill had disposed of the enumerated assets, and made the lease of the coaling privilege, and within three years after the payment of the outstanding indebtedness, according to the amendment. Certainly Whitehill ought not to be allowed to complain that he was permitted to take his time in selling the stock of the concern to the best advantage, and it is clear, as the case stands at present, that the statute did not run as against the trust in the real estate conveyed to him or to J. M. Whitehill & Co., and purchased with the money of the firm. The decree is reversed and the cause remanded with directions to allow the complainants to amend their bill, and for further proceedings in conformity with this opinion.
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text:
Systems for vehicle doors and liftgates
The "crank drive for lowerable windows" marked the start of Brose's innovation success. We also developed and produced the world's first door system. Then we added closure systems, electronics as well as sensor technology to the portfolio and applied our expertise to the vehicle access. Brose opens up completely new dimensions of comfort with drives for side doors and liftgates that open and close automatically.
Door system with flush glass
- Maximum functional integration
- Weight savings of up to 3.2 kg per vehicle compared to conventional aluminum doors
- Maximum scope of delivery with aluminum inner door panel, magnesium frame, window, seals, etc.
- Integrated window guide concept enables flush glass
Door system with plastic carrier plate
- Scalable product and integration scopes (window regulator rails, soundbox, fasteners)
- Carriers available in various materials (aluminum, steel, fiber-reinforced plastics, organo sheets)
- Use of organo sheets saves 5 kg per vehicle compared to steel
Compact module
- Plastic window regulator with sealing function as a module
- Weight savings of up to 2 kg per vehicle compared to conventional component design
- Reduced driving noise by up to 10 dB(A)
Window regulator drive with integrated electronics
- Scalable electronic functional scope at different levels, e.g. sensors, auto-down, anti-trap feature, PWM control
- Variants from 8 to 14 Nm for wet and dry side applications
- Weight from 270 g
Cable window regulator
- Single or double-guided window regulator with steel, aluminum or plastic guide rails
- Economies of scale due to globally available modular system
- Short development times thanks to high degree of standardization
- Use in various vehicle types (convertible, coupe, truck)
Door control unit
- Control of drives for window regulators with anti-trap feature, side mirror and latch
- Control with standardized interfaces to the window regulator drive
- Control of side door drives
- CAN or LIN interface
Latch module
- Integrated system for optimal function
- Integration of additional functions such as window guides and theft-protection
- All components in a pre-tested, ready-to-fit delivery unit
- Door assembly therefore reduced by 90 seconds compared to installation of components
Unilatch® II side door closure system
- 60 g weight saving compared to previous generation
- Optimized for high-volume production and global usage
- Insusceptible to environmental influences
- Further development of the proven spring clutch
Power liftgate drive
- Modular principle for high robustness in all models and load ranges
- Design as a one or two-sided spindle drive or push rod possible
- Installation in the rainwater duct or under the roof
- Integration of brake and overload clutch possible
- Noise level below 45 dB(A)
- Mechanical power from 33 to 43 W
Deck lid tension spring drive
- Utilization of standard components for cost savings
- Modular kit approach for high robustness and flexibility
- Small package
- Design with internal torque support
- Plug & Play solution for manual decklids
Capacitive sensor system for hands-free opening and closing
- Very low standby current consumption under 170 μA
- New, more compact generation of electronics with sensor chip for improved sensitivity and same level of insusceptibility to environmental influences
- High robustness through the use of standardized components
Liftgate latch with power cinching unit
- Best opening acoustics achieved through gearless power opening with cord actuator
- Up to 150 g weight savings per door compared to competitors
- Function and package space requirements customizable
Power liftgate drive with additional functions
- The Brose system comprises:
- (1) liftgate drive
- (2) sensors
- (3) latch with (4) power cinching unit
- (5) control unit
- (6) obstacle detection sensor
Side door drive
- Power opening and closing of even heavy doors in angled positions and on slopes
- Integrated variable door check with zero-current brake
- Attached to conventional structural interfaces, can thereby be offered as an optional feature
- Modular design for flexible use and shorter development periods
Side door drive with additional functions
- The Brose system comprises:
- (1) drive
- (2) obstacle detection sensor
- (3) periphery monitoring radar sensor
- (4) control unit
- (5) open-by-wire latch with (6) power cinching unit

subset: commoncrawl


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ORLANDO, Fla. — Have you ever wondered where your fun comes from?
The answer: here, at the International Association of Amusement Parks & Attractions expo.
The five-day trade show was held this week in Orlando, smack in the middle of the world's biggest theme park corridor.
It's the largest such convention in the world, and people from more than 100 countries either attend, or exhibit, at the mind-bogglingly massive show.
A few numbers to explain the scale: Organizers sold out 500,000 square feet of indoor show space. More than 27,000 people attended on the first day. If one were to walk the entire show floor, it would tally 9 miles.
No wonder a man was spotted sleeping in a car parked in the convention center's lot at midday Wednesday. Or why another man could be seen on all fours on the floor, hunched over the show's map (which is the size of a small table when unfolded).
Here, leisure is serious business.
"We're trying to pick out what our customers are going to want," said John Schweiger, the CEO of Coming Attractions Theaters, a four-state chain of movie houses and entertainment centers on the West Coast.
Schweiger was at the show looking for bumper cars and go-karts for a new indoor entertainment center that he's opening in Alaska.
"Our country needs fun right now," he said. "Everything else that's going on puts you in a state of depression."
There's everything that a theme park, entertainment center, zoo or museum could want at this show.
"You can buy something today and put it in your park immediately, or find a germ of a project for five years from now," said Jeremy Schoolfield, the editor-in-chief of Funworld, the IAAPA trade magazine.
There were architects who design sleek museum exhibits and ones who design tropical mini-golf courses.
Companies that manufacture wheels for roller coasters.
Vendors of water slides and ziplines.
Tickets, trash cans, trampoline supplies.
A mall-sized parking lot crammed with bounce houses.
Animatronic giant bugs.
A lifelike mechanical snake-oil salesman, made to look like something from the 1800s, that lip-syncs the song "Moves Like Jagger."
A miniature version of a dark roller coaster that involves shooting zombies in 3-D.
Platoons of Hello Kitty.
Lots and lots of sugar.
"This is a brand new food category," said Scott Colwell, the owner of the Orlando-based Chilly Ribbons, which is best described as tasty shaved snow sold from what looks like a mini ski chalet.
"And it has less than 100 calories!" Colwell said.
This is Chilly Ribbons' first year at the show, and like hundreds of others, Colwell hopes to do business with large parks and attractions by renting space at the expo, talking up the product and handing out free samples.
Cinderella stories have happened before at the IAAPA expo.
Take Ernest Yale, the president and CEO of Montreal-based Triotech, which creates immersive and interactive attractions.
Fifteen years ago, Yale drove to the show with four of his employees in a truck. They slept in the same hotel room and rented a small booth.
The team sold one small arcade game three hours before the show ended – and Yale was up all night, programming it the night before.
This week, Triotech had one of the largest spaces at the Expo – about 3,600 square feet – and are developing an interactive, dark roller coaster for Cedar Fair Entertainment Company's Toronto park.
"We met them on the floor a couple of years ago," said Matt Ouimet, CEO of Cedar Fair. Triotech's coaster is scheduled to open at Canada's Wonderland in May 2014.
Ouimet said that the IAAPA show is the place to find a new concept that will be a hit with guests in the future.
"This is where we come to find the new ideas," he said.
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You can see a complete list of Bandit Creek Books here: http://banditcreekbooks.com/books/
If you would like to schedule an interview with one of the authors or receive a pdf of one of the books for review please contact me at firstname.lastname@example.com
Please include your blog name and url, the title of the book you would like to review, and/or name of the author you would like to interview and a couple of suggested dates you have available.
This week's spotlighted title is Skin Deep by Shanna Gekko
Skin Deep
By Shanna Gekko
Book Blurb
Kai knows trouble has found him when a fiery pint-sized female shows up at his door, bringing news of gruesome animal sacrifices in the woods around Bandit Creek. She also brings a teasing scent that draws his attention and sends every protective instinct screaming for him to protect his mate.
Hazel is determined to stop the monster she's been following for miles and she won't let anything distract her from her mission. She teams up with Kai, but vows to keep a firm "no-touch" policy where the handsome Native is concerned. Her resolve doesn't last long as the two are drawn together like lodestones, their every touch igniting a passion neither has faced before.
Only, the trail of ritual sacrifices points to a greater threat than either first realized. They are about to face Kai's enemy ancestor, a yee naaldlooshii—skinwalker—who will stop at nothing to destroy everything around him.
Author Bio:
Shanna Gekko currently juggles writing with herding kids and pets, and a full-time job, among other commitments, and she truly doesn't know how she does it. While she will read practically anything, her writing has strayed to the fantastic since she was in Grade 7. You can read some of her musings at www.talesfromtheashes.blogspot.com
Skin Deep Excerpt
By Shanna Gekko
There was nothing Kai liked better than his morning run to work on all fours. His breath shot out in puffs of white as he loped through the snow and undergrowth, tongue lolling sideways out his mouth in a comical grin. Too soon he neared the town, trotting down alleyways until he slipped into the doggie door in the back of his vet clinic. Shaking the cold out of his fur, and the wolf off of his skin, he went to check on his two animal patients that were overnighting at the clinic.
Ten minutes later, he was out the door again, but in his human skin. Shivering a bit without his fur, he hurried across the street to Ma's Kitchen, its large windows glowing their welcome against the winter pre-dawn.
"Your usual?" A smiling Marie asked as the door jingled with his entrance.
"You bet! Could you add a few sausages to that? I think I need the extra fuel to keep warm today. Bloody cold out there," Kai flashed a smile and grabbed a mint by the till. Marie hurried off to do just that, her cute little butt sashaying over to the food window and coffee machine. He might be part animal but he was all male and extra sausages or not, a sight like that could keep him warm at night.
Lucy herself headed over to ring up his order. Instead he caught up her hand and looked deep into her twinkling eyes.
"You're glowing beautifully today, Lucy! So when are you going to leave that husband of yours and bless me by becoming mine?"
She snorted as usual, pink staining her cheeks and truly turning her radiant, then snatched her hand back out of his to pat the curly silver wisps that had already escaped the coiled bun on her head. "Oh stop, Kai. I think I liked you better when you were quiet." She traded a loaded paper bag and coffee for cash and waved him away. "Now go be a good boy and feed Jack. George put a couple extra sausages in there for him as well."
"You break my heart, but I won't give up." He glanced behind her and gave a bold smile and little wink to Marie, causing her to redden prettily.
"Your heart can stand a little breaking, now get out of here. You're distracting my staff." She tossed her towel back over her shoulder and grabbed a pot of coffee to go top up the customers sitting on the ripped red leather stools at the counter.
Juggling the coffees and breakfasts, Kai braced himself for the cold as he pushed open the door. The wind moaned into Ma's Kitchen, the sound raising the hairs on his neck. Shaking his head to rid the unease, he went off on his search for Jack.
There were very few places that Jack liked to pass out at in the winter. During the warmer weather, almost anywhere was fair game, but in the winter, only a couple spots would provide a little extra warmth and shelter. Kai went close to these areas and literally sniffed him out. Jack had a very unique scent that was mixed in with the odor of the Jack Daniels he normally pickled himself with. Kai was surprised when he actually found him by the church. It was one place that Jack seemed to avoid.
The grizzled man was crouched by a vent that had warm air blowing from it, the area around it devoid of snow. Sitting down beside Jack, he handed over one of the still steaming coffees, took his own breakfast out of the bag and gave the rest to Jack.
"How are you doing today, Grandfather?" Respecting your elders had been drilled into Kai from an early age, especially due to his Native heritage. There may not have been a family connection, but Jack had always been known as Grandfather to him and his kin.
Jack wrapped his gnarled hands around the hot coffee as if gripping a lifeline and grunted. "Same as ever, pup. Different days, different weathers."
"Not such a pup anymore." Kai ate a sausage in one bite.
"Maybe not, wolf. But when you get to my age everyone is a pup." Jack reached into the bag to fish out a sandwich. "Different age, same people. Only the winds truly change. It's windy today." Kai was used to the ramblings and actually found comfort in them. "What have the winds told you today, Grandfather?"
The wind chose that moment to howl through the bell tower above, the sound grating on Kai's sensitive eardrums. Looking up at the dawn colored clouds, red glowing on black, he couldn't help but remember the old weather saying, "Red in the morning, a shepherd's warning…"He shook his head. Pretty soon he was going to start finding omens in tea leaves. Jack finished his sandwich first before looking him straight in the eyes. The earth seemed to drop out from under him and the only thing that he could see on a field of white were Jack's black eyes boring through him to his very soul. The wind howled around them, but even so Kai could hear Jack's whisper as loud as if it was yelled. "Things are blowing into town."
Dazed, Kai had to shake his head a few times to ground himself. Jack was focused on finishing up the sausages like nothing had happened. "What the hell is that supposed to mean? What kind of things?" Jack just shrugged, took a gulp of coffee and belched. So that's how he was going to be.
"Fine. Stay warm, Grandfather and if you need a place to sleep you are welcome to my extra bed." He hurried towards his clinic not bothering to look back at the old man. Somehow he always survived and even though he rambled strangely, Jack was always right.
It was a slow Friday morning. In between a cat with a weight problem and a set of vaccinations for a husky, his brother Dan Hunter, the local Forest Ranger, came in for a visit.
"Hey, bird brain! Don't see you in town very often. What brings you into my territory?" Kai enveloped his older brother in a man hug.
"Are you sure you're not a bear instead of a wolf?" Dan gasped and shoved him away with a large grin.
"Dunno. Never tried to be a bear before. That's Peter's specialty. Wolves are faster anyways." He went to the kitchen beside his office to brew a cup of the tea Dan preferred. "Are you freezing your wings off out there today?"
Dan followed him, both of their large bodies almost filling the small space. Dan was a little leaner than him, and Kai had longer hair, but other than that the family resemblance was striking. He handed a steaming mug to his brother who took a sip immediately, not bothering to wait till it cooled. "It might be freezing out there, but what I've seen in the forest the past couple of days chills me right down to the bone."
Kai stopped tidying the kitchen and gave his undivided attention, gesturing for Dan to continue.
"I've been finding animal corpses out in the backwoods. Now that's nothing new, but it's the fact that they have been skinned and drained of blood that has my blood going cold. Added to that, the stink of evil permeates the corpses so no sane animal would ever go near it." He shuddered then gulped down the rest of his tea as if trying to scorch the memories away.
"Maybe this is the thing blowing into town," Kai mumbled.
Dan looked at him sharply, his golden eyes glowing against his chestnut skin. "What's that?"
Kai shrugged. "Just a Jackism. He said that things were blowing into town. Of course he didn't clarify what types of things were coming. You know how he is."
"Yeah, I also know he's usually right, in some weird way or another." Dan leaned against the counter, his eagle feather earing swaying
He shrugged again, fiddling with the wolf amulet around his neck. "What kind of animals have you found? How many?" Poor things, he thought. Nothing deserved that.
"So far an ermine, a coyote, and a couple of wolves. Only predators, no prey animals. Always moving up in size." He paused to pin Kai with his hawk eyes again. "You be careful out there, wolf. I don't want to come across your skinned body. I don't know how I'd tell mom."
"Thanks for the warning. I'll make sure to keep my ears pricked and my nose up. Any area in particular I should watch for?"
"Seems to be south of the mines. Hasn't been close to your cabin yet, but you may want to keep a special eye on your rescues out there. They'd be sitting ducks." Dan started layering up again in preparation for the cold of outside.
"I can't be out there all day. I have other animals here that need my attention. Any chance you can do a fly by, at least once a day?" Thankfully, he only had two wild animals being rehabilitated right now, a surly bobcat and a cougar he'd nicknamed Lady, but he would still worry. They'd be sitting ducks in those cages.
"I already checked on them before I drove into town." Kai looked at his brother, confused. "This is a business call, Kai. I have to let Sheriff Morgan know about what's happening in Bandit Creek's backyard and I can't exactly fly into the Sheriff's office. I think the guy would have a damn heart attack and I don't want to kill a good sheriff."
"Point. I'll give you a shout when I get home and let you know if I saw anything on the way." Kai tapped his temple indicating it would be a mental shout out. Better than a cell phone or radio, at least he would always be in touch with his family, though it was harder the further apart they were.
"Sounds good. Stay safe." With that, Dan was sending a blast of cold air into the clinic as he hurried to his jeep.
Kai's mood during his run home was subdued. Any signs he might have missed due to his enthusiasm for his morning run were starkly obvious now. The forest was quieter than normal for a winter evening, as if all the animals were hunkering down in preparation for a big storm. Whenever the winds shifted, the bitter scent from the north-east made his nose curl, forcing a sneeze.
Hackles standing straight out and feeling skittish to the bone, he was never so glad to get home where he knew he was safe. He darted in through his dog door, shivering for a moment as he tried to calm his animal side. Finally he shook off the wolf and headed to the kitchen to gulp down a glass of water and few pieces of jerky before heading out back to check on his animals.
He wasn't two steps down the porch when the wind shifted to gust from the cages. A waft of nuts and sunlight teased his nose, making him want to sigh in pleasure, if it wasn't so foreign for this time of year. He rounded the corner to the small wild animal shelter surprised to see a figure occupying a stump by the cages. She hugged her knees into her chest, emerald eyes glaring at him through the whipping strands of chestnut hair around her creamy skin. The scathing look felt like a punch to his gut. This was the angriest, and most beautiful, female he had ever seen.


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The Disney Food Blog congratulates Victoria & Albert's on receiving the AAA Five-Diamond for the 11th year in a row!
Located at Disney's Grand Floridian Resort, Victoria & Albert's well deserves this honor – the highest awarded by AAA. Fifty-five restaurants were distinguished on the 2011 list, with V&A's being the sole recipient from Central Florida.
The memorable meals are due to the fine talents of Chef Scott Hunnel, manager and sommelier Israel Perez, and Master Pastry Chef Erich Herbitschek.
Check out some of the gorgeous cuisine Chef Hunnel creates at the Victoria & Albert's Chef's Table in this guest review from our Disney Food for Families columnist, Erin Foster!
Dining at Victoria & Albert's is an exquisite experience due to the Modern American cuisine, wine pairings and impeccable service. Ladies receive roses after their meal, and candlelight flickers as a two-hour, six-course dining experience commences at this Disney World signature restaurant.
The AAA five-diamond award is coveted by restaurants (and lodgings) in distinguishing properties as premier establishments. Victoria & Albert's definitely fits the bill. Congratulations!


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12/1/2011Florida Appeals Court Sides with Red Light Cameras
Divided three-judge appellate panel in Florida upholds the unauthorized use of red light cameras.
The Florida legislature's authorization of red light cameras last year was superfluous, a divided state Court of Appeals panel ruled yesterday. The majority sided with the city of Aventura in overturning a Miami-Dade County Circuit Court decision from last year that found Aventura had jumped the gun by giving American Traffic Solutions (ATS) a green light to mail out automated tickets without waiting for the state's permission.
Florida law does not allow a city to adopt an ordinance in conflict with a state statute. The majority argued a provision requiring traffic officers only to issue traffic tickets for violations they personally observed is not in conflict because the same officers can "observe" the infraction on video under the Aventura photo ticketing ordinance.
"The ordinance allows for a traffic control infraction review officer, who although sharing the qualifications of the type of officer referenced in section 316.640(5)(a), is instead appointed by the city pursuant to the ordinance and for the distinct purposes of viewing recorded images and issuing corresponding citations in accordance with the ordinance," Judge Angel A. Cortinas wrote for the majority. "Accordingly, we find the trial court erred in its determination that section 48-26 allowed the cameras to serve as the sole basis for issuing a notice of violation in direct conflict with section 316.007, Florida Statutes."
The majority also noted that the state legislature authorized the use of red light cameras in 2010, without mentioning that lawmakers specifically rejected attempts to include retroactive language legitimizing camera programs that started before 2010.
Judge Leslie B. Rothenberg disagreed with her two colleagues with a dissent that noted the state specifically abolished municipal courts. She argued Aventura created a different standard of proof and liability for red light violations with penalties conflicting with those set by the legislature. The state punishes the driver with a $60 fine, but the city goes after the vehicle owner with a fine of up to $500. These standards are judged by a Aventura's own special master, not through a judicial officer established by the legislature.
"The city is essentially utilizing the state's uniform traffic control devices (traffic lights), approved and regulated by the state for enforcement of the state's uniform traffic control laws, to punish violators through the city's own enforcement program and to pocket the revenues it collects for its own benefit," Rothenberg wrote in her dissent. "This is exactly the sort of inconsistent application of traffic laws and traffic penalties the people and legislature of this state sought to preclude by abolishing all of the municipal courts and enacting a uniform statewide traffic control system."
A copy of the decision is available in a 140k PDF file at the source link below.


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An interesting article that covers a lot of the issues about the latest iPhone (and now probably all smartphones) data protection controversy. The current debate raises several different issues:
– is this legal under EU data protection rules? It looks as though several national DPOs are going to be looking at this;
– do users who have agreed to the terms of service really know what it is they are agreeing to? Or is this a case of users accepting the default settings without really understanding – or perhaps caring?
– possibly also the importance of network effects. It's not clear so far if this location data is being kept by the operating system companies – Apple, Google, RIM etc – to improve their services, or is being passed on to network operators to help improve their networks. If the former, then we have another network effect – the more users a company has that uses your location services, then the more location feedback a company will receive, and the more it can improve the location services. Not a competition law problem, but potentially relevant to looking at questions of market power and barriers to entry.
This article titled "iPhones and Android phones building vast databases for Google and Apple" was written by Charles Arthur, for The Guardian on Friday 22nd April 2011 16.20 UTC
Apple and Google are using smartphones running their software to build gigantic databases for location-based services, according to new research following the Guardian's revelations that iPhones and devices running Android collect location data about owners' movements.
iPhones and Android smartphones swap data – which does not contain information directly identifying the user or the phone – back and forth with their respective companies if the user agrees to use "location services".
The news has led some European governments to announce investigations into whether Apple is breaking privacy laws.
Samy Kamkar, a hacker and researcher, has shown that Android phones, which run on software written by Google, collect the location data every few seconds and store it in a local file, but also transmit it to Google several times an hour.
This functionality is almost certainly used in any phone that provides mapping services, meaning that similar files will exist in some form on all smartphones, including those from Nokia and BlackBerry-maker RIM. It is not known whether these models synchronise data from the phone to the companies' servers as well as storing it locally on the handset.
Sources familiar with Google's systems said the location data was used to help the phones orient themselves by identifying nearby mobile phone masts and wi-fi sources and comparing them with Google's own database, with which they are synchronised continually. The file is also updated so that if the mobile signal is interrupted – for example when the user is on a train and goes into a tunnel – it will be able to re-establish contact more quickly by knowing which towers are in the vicinity.
Apple and Google are collecting the data, which amounts to an international map of the locations and unique identities of cell towers and wi-fi networks, to improve targeting of their adverts based around mobile phones.
In a letter to the US congress last July, Apple confirmed it collected the data and said that, in order to be useful, "the databases [of tower and network locations] must be updated continuously".
The value of location-based services, which feature advertising, is reckoned to be .9bn (£1.75bn) already and forecast by the research group Gartner to grow to .3bn by 2014.
In 2009, Google itself pointed to the value for users of having Android phones upload real-time location data to its servers, suggesting it could give "a pretty good picture of live traffic conditions". It said: "We continuously combine this data and send it back to you for free in the Google Maps traffic layers. It takes almost zero effort on your part – just turn on Google Maps for mobile before starting your car."
A Google spokesman said Android phones explicitly asked to collect anonymous location data when users turned them on.
Apple iPhones and iPads also ask whether users want to have "location services" turned on, and the iPhone licence has a passage that says Apple "and its partners and licensees" may transmit, collect, maintain, process and use location data, including the real-time geographic location of the iPhone, though it points out that this is anonymised and can be disabled by turning off the "location services" feature.
However, even if users disable location services, the iPhone and Android phones are believed to continue storing locations of cell towers and wi-fi networks in what is known as a "neighbour list".
Google's list is limited to the most recent 50 cell masts and 200 wi-fi networks, while Apple's list is retained for up to a year. Sources close to Apple have suggested the long-term retention may be an error which it will correct in a future software update.
Privacy advocates fear that although the data is anonymised, the Apple data is not encrypted and could be misused by law enforcement or others who wanted to capture information about someone's movements.
One security researcher, Alex Levinson of Katana Forensics, said on Thursday that US law enforcement had already made use of the location data recorded by the iPhone in investigations.
Some police forces, such as those in Michigan, already carry readers that can copy all the files from a smartphone even if it is protected with a password, and that it has been used on motorists stopped for minor traffic violations. The American Civil Liberties Union says such examination amounts to an "unreasonable search", which would be illegal in the US.
In Germany, the Bavarian Agency for the Supervision of Data Protection said it would examine whether and why Apple's devices were capturing the information, and that it had asked Apple for more information.
"If it is true that this information is being collected… without the approval and knowledge of the users, then it is definitely a violation of German privacy law," Thomas Kranig, the agency's director, told the New York Times.
Italy and France are expected to do the same. France's data protection authority suggested that a major source of concern would be over whether Apple transferred any of the data to any commercial partners. "If the information is marketed without the knowledge of the consumer, it is much more serious," Yann Padova of France's CNIL said.
• This article was amended on 22 April 2011. The previous version stated that some European governments had announced investigations into whether both companies are breaking privacy laws
guardian.co.uk © Guardian News & Media Limited 2010
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Any money you contribute from your paycheck is always 100% yours. But company matching funds usually vest over time - typically either 25% or 33% a year, or all at once after three or four years. Once you're fully vested, you can take the entire company match with you when you part ways with your job. If you're not fully vested, you'll get to keep only a portion of the match or maybe none at all. To find out your vesting schedule, check with your company's benefits administrator.
The upshot: It can usually take around three to five years before you own all of your company matching contributions. Leave your job before then, and you'll lose some of that delightful free money - even if you're laid off.


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Valve to reveal Linux-based Steambox in 2013 - report
According to reports out of Germany, Valve's long-rumoured Steambox will turn up this year.
According to German IT news site Golem, Valve engineer Ben Krasnow attended SSIM 2013 and there confirmed that the company has a console-like piece of hardware in the works.
The Steambox is said to run on Linux, not Windows, and will be revealed during 2013. Steam's couch-friendly Big Picture mode, Linux client and controller experiments certainly lend a tang of believability to the unverified report.
Krasnow is also said to have promised further hardware reveals this year, and mentioned that Valve is working on AR and VR tech as well as secret projects.
Thanks, GameInformer.


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A Successful Hains Point 100 and a Very Merry Match Grant
Yesterday's Hains Point 100 today, organized on the fly by WABA member Megan Jones, was a wonderful way to spend a chilly Sunday before Christmas. Megan, an absolute powerhouse who committed to riding a century around Hains Point to raise money for WABA's Women & Bikes program, finished around 4:30 p.m. with a total of 102 miles and 32 laps. Over 50 people kicked off the ride just after 10 a.m., and many more trickled in to check out the information tables and ride in circles for a bit. In total, 100 people rode throughout the day. Long-distance riders paced with casual cyclists, the wind scaled back its intensity, and while the temperature never quite warmed up, riding conditions and attitudes were sunny all around. Women & Bikes—and plenty of awareness. At the ride's start, the group appeared to be majority men, an accurate reflection of the gender breakdown of cycling. But plenty of women came out to ride; Outreach Coordinator Nelle Pierson was able to talk extensively to those interested about the program, which will officially launch in March. Donations and raffle prizes were generously provided by Revolution Cycles, the Bike Lane, Java Shack, BicycleSpace, and Bike Arlington, and ride attendees pitched in plenty of delicious snacks and baked goods. We'd like to thank Megan many times over for her enthusiasm and dedication to WABA and Women & Bikes, as well as those who donated to the Hains Point 100. Couldn't make it? Read Chasing Mailbox's writeup of the Hains Point 100 here, and check out some photos by other participants. Head over to the event's Facebook page for miscellaneous pictures, memories, and comments (or to share your own!). If you haven't yet donated to Women & Bikes, your contribution can still make an incredible difference. Thanks a generous program supporter, donations to the WABA Women & Bikes Program through the end of the year will be matched up to a total of $4,000. If you're interested in donating, please do so here. About $550 of the money raised from the Hains Point 100 will be matched by the aforementioned grant. We'll keep you updated on the progress of donations here, on Facebook, and on Twitter throughout the week. We'd love it if you considered donating before the end of 2012 to help us get more D.C.-area women on bikes.


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This is old version GO SMS Pro 7.06 apk for Android, you can install it if you want to downgrade or install old app. It is top Communication apps from GO Dev Team.
As the valuable apps, this one is offering free features. Each of the features will make the quality and the experience of the app is becoming better. It has a special sticky conversation to make you focus on some important contacts. Thee pop up message is also provide you a quick reply. When you feel disturbed with the presence of annoying SMS from a number, you can then block them using the SMS blocker system.
This will also be customized when you do not want to block them anymore. For you who want to connect with friends free with no charge, you can go to the GO chat menu. To ensure that you have pretty neat and treated messages, you can collect the stranger message in a single folder. Some other features of GO SMS Pro for android are also available to maximize your messaging experience.
GO SMS Pro APK Features and Details for Android
- Hundreds of personalized themes and lovely stickers (keep increasing)
- Private box to encrypt messages & protect your privacy
- Sticky conversations help you focus on important contacts by sticking them at the top
- Pop up new messages for quick viewing and replying
- Dual SIM matching, supports 8,000+ dual SIM devices (keep increasing)
- SMS blocker smartly block blacklist/keywords and filter spam messages
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- Delay to send give you opportunity to correct the wrong messages.
- Folded stranger messages Automatically categorize strangers conversations and keep your Inbox simplicity
Avatar popup
Previous version of GO SMS Pro 7.06 APK
- More Emoji Style
- Four Emoji Style, TWEmoji, GO & Android Emoji, System Emoji and Android Emoji
- You can change style in "Settings-Appearance-Emoji Style"
- Fixed several bugs.
Developer: GO Dev Team Version: 7.06 Requirement: Varies with device Price: Free


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Guillermo del Toro has directed some of the coolest movies of the past decade or so, including Pan's Labyrinth and Hellboy, plus the upcoming monster/robot smackdown Pacific Rim. But he's also gotten into producing animated films for kids, including Kung-Fu Panda and the upcoming Rise of the Guardians.
We were lucky enough to get a chance to talk one-on-one with del Toro about Rise of the Guardians, and he explained to us why children's stories need to be dark, because "kids are neurotic."
What's the biggest mistake people make in telling stories about children, or for children?
Well, I think that one of the things is to actually try and create a sense of darkness in the tale. A lot of people just make this sanitized super happy-go-lucky, "bright sunshine and clouds" type of childhood movies. And you really need an element of the dark in it. In the case of Kung Fu Panda 2, we really came up with a psychotic, sociopathic villain. In the case of [Rise of the] Guardians, we have Pitch, which is an incredibly sophisticated and articulate guy that tries to control your fear. In the case of Puss in Boots, we had a bad guy who was Humpty, who was capable of changing and capable of doing a good action at the end. He was incredibly neurotic.
And I think that people don't acknowledge that kids have all these sides. Kids are neurotic, kids deal with fear, kids are confronted by really hostile impulses from the adults around them and the other kids, and you know, movies should acknowledge all this and create these fables that help them deal with those things.
Do kids' movies have the best villains?
I don't know that I'd say [that]. Hitchcock used to say, "The better the villain, the better the film." And Hitchcock's bad guys, in some cases, are formidable. The James Bond villains can be fantastic. And superhero movies are only as good as the bad guy.
What's the difference between a monster movie and a dark fairy tale?
It's a very, very, very thin difference. I think that horror stories come from fairy tales, in a way. They share a lot of similarities. I think the difference is tonal. You know, the fairy tale contains a lot more elements of magic and whimsy and the the horror story contains a lot more, sort of, almost existential feelings — sort of dread, and ultimately they are similar melodies, played at a very different key.
Is there a limit to how dark a movie for kids can get? And do you think animated films are getting closer to classic children's books, and less like cartoons?
One of the master of children's fiction is one of the guys who acknowledged fully the darkness of the world — that is, Roald Dahl. He did really brutal passages in The BFG. There's really very, very creepy and violent [stuff] in The Witches. And so on, and so forth. He really scared a lot of [kids] from that side. He is the reason why... when the line is crossed, and then it doesn't function as a children's story any more — it can become an adult fairytale. It can become a fairytale that adults can enjoy. And I think there are some of those, particularly in the Eastern cultures. Like 1001 Nights — a lot of those stories are very harrowing. And people forget that a lot of the tales that the Grimm Brothers collected, they were actually meant to be told to adults. People think, "Oh, they were children's stories" — [but] not in the beginning. They were meant to be told to adults, to entertain them. But yes, to answer your question: It can get too dark.
That was one of the challenges with [Rise of the] Guardians. We wanted to keep that balance at all times. It would still be fun, it would still be a ride.
How did you get involved in this project? What appealed to you about it?
I creative consulted on Kung Fu Panda and Megamind, and I was an executive producer on Puss in Boots. I really like very much to explore fable and storytelling, and I guess as a director, I like horror — but as a producer, I like getting involved in other types of stories. I have produced social dramas in Mexico and Latin America. I am producing these animated movies in others. My producing has helped me to stay curious.
Santa Claus is an marketing icon. He's used to sell stuff. But this movie turns him back into a fairytale character again.
It makes each of them into guys that are really passionate and crazy about what they do.
So how do you go about turning an advertising icon back into a fairytale character?
We went for the essence of what the mythology was, and tried to make them more elemental myths. We didn't want to make them just 19th or 20th century myths. For example, with the Easter Bunny, [we wanted] to give a sense that he is a protector of Earth and renewal and hope. And North, he is basically like a force of nature, like a human tornado. He is unstoppable and full of strength, and he's not at all this jovial rosy cheeked soft-drink guy. He's been in a couple of brawls, he's capable of handling a sword. He's not by any means a nasty guy, but he's a much more strong and powerful figure. He's more magnificent, in a way.
The relationship between Jack Frost and the other Guardians is sort of about the Hero's Journey, because he's joining them and becoming a hero. But he's also teaching them about children again, because they've forgotten about children.
His relationship with each of them is different. He has an almost father and son relationship with North. And he has a very pointed enmity with the Easter Bunny. He has a sort of a flirtatious, warm relationship with Tooth. And he has a very warm relationship with Sandy. And even with Pitch, he is very tempted by Pitch. Pitch is very close to who Jack could be. In essence, they are of the same ilk, except that Jack chooses to articulate who he is through a social way, rather than the antisocial way that Pitch does it.
And were you guys thinking of this as a metaphor for creativity? Their power comes from children, but also from the things they create.
That's a really good way of seeing it. We didn't see it like that. The way we saw it is, they represent a different value of what it means to be human. But the way you're saying it is great, because it's basically Jack comes in and meets those great artists, that have not met their audience in a long time.
They've just been rushing around. That happens to creative people a lot.
Yes, it does. [Laughs]
I really loved the visuals in the film. It doesn't feel like a cartoon at all. It has a really nice visual element.
I thought that the look of the light and the texturing of the movie was closer to an illustrated book. There is a huge richness in the world of Bunny, when you go into that place of ancient stones and moss and insects and prairies underground — it's really beautiful and it really has a very painterly style, almost.
In a lot of ways, this is almost like a superhero team-up movie. What makes a good superhero team?
Yeah, we thought about it only in the sense of the dyanmics of the characters. Peter [Ramsay] always had in mind that this was a superhero movie — but he didn't mean it in the sense of giving the characters superpowers. He only wanted the dynamic that comes from the best superhero teams, where... some of them don't don't like each other, they don't work well with each other, they learn to work past their differences.
Rise of the Guardians is in theaters on Friday.


text: Tim Digger 1 Posted December 27, 2013 Two Major floods Ikelite Housings D70 first when I was ignorant and starting with DSLR Port oring poorly seated. Second D300 Ikelite Longest port with Sigma105 in a current holding line on surface think it banged on something and was nearly full at 5M. Also a self serviced G1 Ikelite housing (checked without camera) failed to seat most button orings water poured in so fast I had to do it again to see which ones were leaking (no electronics in that housing). Now I have Bill's (Underwater Camera Stuff) vacuum checker no leaks but two false alarms from the electronics probably due to temperature change (I now vac the housing to about 1 psi over where it goes green, that seems to be enough). AND one genuine warning of a poorly seated oring that would have drowned camera. So I'm definitely ahead on that. Although this showed up when failing to pressurise at all so electronics not needed on that occasion. But I like the green flashing lights! 1 Share this post Link to post Share on other sites


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If you prefer to park a little further away for a bit cheaper Park & Ride is the option for you. The car parks we use are all rigorously checked meaning your car will be well looked after. Once you have parked (or handed over your keys), take a shuttle bus to your terminal. On the way back jump on the shuttle bus back to the car park. Park and rides are normally cheaper as they are not within the airport boundaries.
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Watch live reports from Port-au-Prince, Haiti. Anderson Cooper is on scene for firsthand accounts of the horror and devastation from the earthquake.
Port-au-Prince, Haiti (CNN) -- Rescue workers struggled to clear rubble and bodies Wednesday from the streets of Haiti's "flattened" capital, where a government official said the death toll from Tuesday's 7.0-magnitude earthquake may exceed 100,000.
Thousands of injured people waited for care outside badly damaged hospitals, while an unknown number remained trapped inside collapsed buildings. Basic services like water and electricity were out, and Haitian President Rene Preval said his government needs help clearing streets so rescuers can reach some of the hardest-hit areas.
"We need medicine. We need medical help in general," Preval told CNN. "Some of the hospitals, they collapsed."
People were digging though the rubble of leveled buildings with their hands Wednesday, looking for survivors or bodies, CNN's Anderson Cooper reported from Port-au-Prince. Other CNN correspondents in Port-au-Prince and its suburbs reported whole blocks of collapsed buildings, with dozens of bodies piled in the streets.
Impact Your World: How you can help
Video images captured just moments after the temblor show dust-covered survivors rushing through the streets, yelling in terror. Others trapped in buildings are seen punching out debris and bricks, and shouting for help and trying to squeeze themselves out through cracks in the structures.
Port-au-Prince "is flattened," said Haiti's consul general to the U.N., Felix Augustin, who said he believed more than 100,000 people were dead.
But Preval said other estimates ranged from 30,000 to 50,000.
"It's too early to give a number," Preval said.
Hear the prime minister describe the situation
The 7.0-magnitude earthquake struck shortly before 5 p.m. Tuesday, centered about 10 miles (15 kilometers) southwest of Port-au-Prince, the U.S. Geological Survey reported. It could be felt strongly in eastern Cuba, more than 200 miles away.
The earthquake's power matched that of several nuclear bombs, said Roger Searle, a professor of geophysics in the Earth Sciences Department at Durham University in England. He said the combination of its magnitude and geographical shallowness made it particularly dangerous.
About 3 million people -- one-third of Haiti's population -- were affected by the quake, the Red Cross said. About 10 million people most likely felt shaking from the earthquake, the U.S. Geological Survey said.
AC360 Blog: Anderson outside Haiti's National Cathedral
As night fell over the island Wednesday, gunshots sounded off in Port-au-Prince. Screams and wails could be heard with each aftershock. Some people who still had homes refused to go inside, fearing collapse. Scores huddled together in parks and sidewalks, trying to get rest.
Though planes carrying aid began arriving Wednesday, humanitarian groups struggled to get the supplies to victims due to the poor roads and debris.
There was no clear system for clearing debris, removing bodies and treating the injured, officials and journalists reported.
"Simply getting through the streets to collect the dead bodies is seemingly an impossible task," CNN's Dr. Sanjay Gupta reported from the capital, where shooting could be heard in the background. "There's hardly any heavy machinery to try and dig through the rubble -- people are doing it by hand.
"The hospitals themselves -- the destination of those patients who might survive -- they're nonexistent or have a terrible infrastructure," Gupta said.
Haiti native and "Heroes" cast member Jimmy Jean-Louis was searching for his elderly parents in Haiti on Wednesday. He said the Haitian government is not up to addressing the overwhelming nature of the disaster.
"Just as an example ... we had one school that collapsed -- one school, and we were unable to take care of that," he said, referring to a November 2008 incident that killed 90 people in Petionville, Haiti. "This year, we have the entire city [of Port-au-Prince] that collapsed, including the major points such as hospitals, hotels and even the presidential palace."
Former President Clinton, the U.N. special envoy to Haiti, appealed to the public to support programs that will provide food, water, shelter and medical supplies to the impoverished country.
"The most important thing you can do is not to send those supplies, but to send cash" to relief agencies, Clinton said.
Governments and agencies across the globe geared up to help, including rescue teams from China, Iceland and France, Haiti's onetime colonial ruler; aid flights and 3 million euros ($4.35 million) from Spain; doctors from Cuba; and a field hospital from Russia.
U.N. Secretary-General Ban Ki-moon said the United Nations plans to release $10 million in aid immediately, while the World Bank pledged another $100 million Wednesday afternoon.
President Obama promised a "swift, coordinated and aggressive" response from the United States.
"The reports and images that we've seen of collapsed hospitals, crumbled homes and men and women carrying their injured neighbors through the streets are truly heart-wrenching," Obama said.
Watch survivors describe what they saw
Clinton also urged international leaders to fulfill their previous donor commitments to Haiti.
"Most countries are way behind on fulfilling it. ... If you can provide any emergency help, if you can give us helicopters or basic medical supplies -- we need that," Clinton said.
The U.S. military is working to get ground and air assessments of the damage, with Coast Guard cutters, airplanes and choppers deploying to the scene, and Navy ships preparing to leave.
Are you there? Submit an iReport
Two Coast Guard crews of C-130 Hercules fixed-wing aircraft were evacuating nearly 140 U.S. personnel to Santo Domingo, Dominican Republic. Nine critically injured peopled were taken to the U.S. Naval Hospital Guantanamo Bay, Cuba.
Numerous relief organizations were already working in Haiti, the Western Hemisphere's poorest country, when the quake struck Tuesday afternoon. Aid groups scrambled to help in the aftermath of the quake, but were struggling with the same problems as ordinary Haitians.
In a small clinic in Port-au-Prince, doctors were overwhelmed with the causalities coming in. Bodies and bleeding wounded seemed to cover every inch of the clinic.
A woman with a broken leg sat on the floor next to the body of a dead toddler who was covered by a sheet. She'd been waiting for treatment since Tuesday.
A CNN crew at the clinic counted at least 13 other adult bodies piled outside. Others were still alive, leaning on walls, lying on floors in despair.
None of the three aid centers run by Doctors Without Borders was operable Wednesday, the group said. The organization was focusing on re-establishing surgical capacity so it could deal with the crushed limbs and head wounds it is seeing.
The earthquake sheared huge slabs of concrete off structures and pancaked scores of buildings, trapping people inside those buildings, and knocking down phone and power lines.
"One woman, I could only see her head and the rest of her body was trapped under a block wall," said Jonathan de la Durantaye, who drove through Port-au-Prince after the quake. "I think she was dead. She had blood coming out of her eyes and nose and ears."
The headquarters of the U.N. mission in Haiti, a peacekeeping and police force established after the 2004 ouster of then-President Jean-Bertrand Aristide, collapsed during the quake, leaving leaving about 150 members unaccounted for, U.N. officials in New York said Wednesday. At least 10 survivors were pulled from rubble at the U.N. mission, according to former President Clinton.
The top two civilian officials at the U.N. mission, Special Representative Hedi Annabi and his deputy, Luiz Carlos da Costa, were believed trapped in the rubble of the hotel that housed the world body's headquarters, their fates unknown, said Alain Le Roy, the undersecretary-general for peacekeeping operations.
The Brazilian-led mission has about 9,000 troops, police and civilian staff in Haiti, about a third of whom were in Port-au-Prince. At least 16 peacekeepers, including 11 Brazilians, three Jordanians, one Argentine and one Chadian, were reported dead Wednesday afternoon, U.N. officials said.
Also among the dead was Joseph Serge Miot, the Roman Catholic archbishop of Port-au-Prince, according to the official Vatican newspaper. The archbishop was buried beneath rubble along with 100 priests and aspiring priests attending a religious conference, Papal Nuncio Bernardito Auza told the Vatican's Fides news agency.
"There were priests and nuns in the street. ... Everywhere, you heard cries from beneath the rubble," Auza said.
Authorities braced for civil disturbances. Edmond Mulet, the U.N. assistant secretary-general for peacekeeping operations, told CNN that the 95-year-old, badly overcrowded National Penitentiary in the capital, collapsed and the inmates escaped, prompting worries about looting by escapees.
Obama urged Americans trying to locate family members in Haiti to telephone the State Department at 1-888-407-4747.
Are you looking for loved ones?
The presidential palace in Port-au-Prince was in ruins. Preval, Haiti's president, said he did not know where he was going to sleep Wednesday night.
"I have plenty of time to look for a bed," he said late in the afternoon. "But now I am working on how to rescue the people. Sleeping is not the problem."
CNN's Ivan Watson, Dr. Sanjay Gupta, Susan Candiotti, Gary Tuchman, Chris Lawrence, Anderson Cooper, Brian Byrnes, Felicity Cruikshank, Hada Messia, Richard Greene and Mike Mount contributed to this report.


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MyPerfectColor uses an acrylic enamel which is a fast-drying durable coating suitable for interior or exterior use. MyPerfectColor custom spray paint matched to US Government AMS-STD-595 30160 enables you to conveniently achieve a professional spray-smooth finish in any color in any sheen. It sticks well to most surfaces including metal, plastics, powder-coatings, cabinets and primed or previously painted wood.
The MyPerfectColor 11oz spray will cover about 20 square feet per coat. Keep in mind that it is difficult to gauge spray paint need as the coverage is highly dependent on how it is applied. Learn more about how spray paint works at MyPerfectColor.
The US Government AMS-STD-595 30160 is the color portion of the spec. The remaining part of the spec will indicate the type of paint needed. Paint can be purchased directly from the color page, but MyPerfectColor offers many additional paint types not visible from the color page. Please contact us if you are not sure what you need, you don't see what you are looking for, or you need a quote to proceed. MyPerfectColor can furnish Certificates of Conformance upon request.
The Federal Standard (now Aerospace Material Specification / AMS) 595 colors are used to specify colors for US Government applications. The color are used by the US Government agencies, branches and suppliers. The most common requests we receive for Fed Standard Colors are for spray paint, Direct to Metal and other paints for prototyping, marking and identification and touchup applications. Typical clients include the USCG, all branches of the Armed Services, the State Department, Lockheed Martin and Boeing. For example, we provided paint to the Navy for marking shells with the specific Fed Std color designated to identify the type of round.
We offer 5 standard sheens in our lacquer touchup paint: flat, low lustre, satin, semi-gloss or gloss. We also offer a full range of Alkyd and Acrylic Direct To Metal paints. Please contact us if you have any questions. Please submit RFQs to [email protected]
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