text:
QtiPlot is a free (GPL) platform independent data analysis and
visualization application similar to the non-free Windows program
WWW: http://soft.proindependent.com/qtiplot.html
make generate-plist
To install the port: cd /usr/ports/math/qtiplot-doc/ && make install cleanTo add the package: pkg install qtiplot-doc
cd /usr/ports/math/qtiplot-doc/ && make install clean
pkg install qtiplot-doc
PKGNAME: qtiplot-doc
SHA256 (qtiplot-0.9.8.9.tar.bz2) = a523ea259516d7581abaf2fe376507d152db32f71d88176cff18f5bc391b9ef0
SIZE (qtiplot-0.9.8.9.tar.bz2) = 16202943
NOTE: FreshPorts displays only information on required and default dependencies. Optional dependencies are not covered.
This port is required by:
No options to configure
Number of commits found: 36
${RM} already has -f.
Submitted by: mat
Exp-run by: antoine
Sponsored by: Absolight
Reassign makc's ports back to the pool.
See "Maintainer Reset" in
https://www.freebsd.org/portmgr/policies_contributors.html. makc's last commit
was in March 31st (r412218), and his ports have been timing out since at least
July (r418155).
I also emailed him 2 weeks ago and have received no response so far.
Convert tab after WWW: in pkg-descrs to single space as per PHB
Approved by: portmgr blanket
Remove ${PORTSDIR}/ from dependencies, categories m, n, o, and p.
With hat: portmgr
Sponsored by: Absolight
Switch ports depending on docbook* through a directory name to a package name,
as a directory name can't be attributed to a package
Cleanup plist
Convert my ports to USES=tar
Chase docbook cleanup dependencies.
Sponsored by: Absolight
- Support staging
- Use new LIB_DEPENDS syntax
- Use options helpers
- Convert to USES
- Minor changes/fixes
Add NO_STAGE all over the place in preparation for the staging support (cat:
- Fix all cases of 'No newline at end of file' in ports tree
Approved by: portmgr (bapt)
- update png to 1.5.10
Update to 0.9.8.9
Update to 0.9.8.8
Update to 0.9.8.6
Update to 0.9.8.5
- Get Rid MD5 support
Update to 0.9.8
Feature safe: yes
- update to 1.4.1
Reviewed by: exp8 run on pointyhat
Supported by: miwi
Update to 0.9.7.12
- update to jpeg-8
Update to 0.9.7.11
- bump all port that indirectly depends on libjpeg and have not yet been bumped
or updated
Requested by: edwin
Update to 0.9.7.6
Update to 0.9.7.5
python support is enabled by default now
mark MAKE_JOBS_SAFE
Use my @FreeBSD.org email for the rest of my ports
Update qtiplot to 0.9.7.2
Approved by: miwi (mentor)
- Update to 0.9.7
Submitted by: Max Brazhnikov <email@example.com> (maintainer)
- Update to 0.9.6
Submitted by: Max Brazhnikov <email@example.com> (maintainer)
- Update to 0.9.5
PR: ports/122933
Submitted by: Max Brazhnikov <makc at issp.ac.ru> (maintainer)
- Fix pkg-plist
Reported by: pointyhat via pav
- Update distinfo for new documents
Reported by: pointyhat via pav
Approved by: maintainer (implicit)
- Update to 0.9.4
PR: ports/122228
Submitted by: Max Brazhnikov <makc at issp.ac.ru> (maintainer)
maintainer update: math/qtiplot-doc
update to 0.9
use static pkg-plist
PR: ports/116564
Submitted by: Max Brazhnikov <firstname.lastname@example.com>
- Update to 0.8.9
Submitted by: Max Brazhnikov<firstname.lastname@example.com>
The QtiPlot Handbook.
Author: Roger Gadiou
WWW: http://soft.proindependent.com/qtiplot.html
PR: ports/103049
Submitted by: Max Brazhnikov <makc at issp.ac.ru>
Servers and bandwidth provided byNew York Internet, SuperNews, and RootBSD
13 vulnerabilities affecting 141 ports have been reported in the past 14 days
* - modified, not new
All vulnerabilities
Last updated:2018-11-17 18:00:52


text:
Teacup Puppies in Florida. Puppies For Sale Site specialize in Teacup Puppies and Toy Breeds. We are located in the Ft. Lauderdale area in South Florida. Browse through our beautiful Teacup Yorkies, Teacup Maltese and Pomeranian puppies. The Teacup Puppies are guaranteed on genetics for one year and 14 days virus. We do ship our little Teacup and Regular size puppies and also offer a "Nanny" Service, where your teacup will be accompanied by a Nanny and hand deliver the puppy to you.
Introducing Your Maltese Puppy to a Baby
The arrival of a baby is a wonderful and joyous occasion for a family, but there is one member of the household-the family Maltese Puppy -who might need some special attention and understanding to help it cope with the new addition.
Most Maltese Puppy s will need some extra attention when a family introduces a new baby to the order of the home. Dogs in particular may find it confusing and invasive when a new "member of the pack" enters the scene. A dog socializes in linear packs, which means it considers some family members as dominant to its own position and others as submissive. Initially, a dog probably sees the new baby in a lower pack order and may display dominant behavior. Watch for signs of aggression such as growling, ears down or laid back over the head, and crouching. Dogs who form deep bonds with their owners may also become depressed and stop eating.
Cats are less social than dogs and may choose to ignore the baby altogether. They do not socialize in packs, so they have little need to show aggression. For them, the most annoying part of living with children is being bothered, although some cats form very close bonds with their owners and may feel rejection. They may also stop eating. If you observe aggressive behaviors in your Maltese Puppy s, quickly correct them, but do not punish. Serious or lingering behavior problems should always be discussed with your veterinarian.
Before bringing baby home from the hospital, expectant parents should allow their family Maltese Puppy s to go into the baby's room and investigate the crib and other new furniture. If there are baby powders or other smells, the Maltese Puppy s will eventually associate with the baby, let them explore the scents. It is probably best, however, to keep your Maltese Puppy s out of the room after the baby is home. Carefully allow your Maltese Puppy s to see and smell your baby. Parents who panic and pull the child away when a dog or cat approaches are possibly sending the message that the baby is a threat.
Plan to spend time with your Maltese Puppy s. Let them know they have not been replaced in the household. Maltese Puppy s may fear abandonment or rejection when the focus is switched to the new baby. Plan to take regular walks or have a game of fetch with your dog, or play favorite games with your cat. Give them personal time, just you and them.
Even with these precautions, some Maltese Puppy s may never get used to children. Like people, they either accept children or they don't. If a Maltese Puppy is raised around kids, generally there will be no great behavior problem. If the Maltese Puppy has not seen a "little person" before, you may have to closely supervise the interaction for awhile. Also, if you have a Maltese Puppy that has been teased or mistreated by a child in the past, there will be significant obstacles to overcome.
As your children get older, it is imperative they learn how to respect and treat the family Maltese Puppy . They should know that Maltese Puppy s feel pain and get lonely when no one is around-just like people do. Praise your children for gentleness and correct them for rough and unkind behaviors toward your Maltese Puppy s. Children should also learn that dogs naturally chase, herd, catch, and fetch. Playfully grabbing a tail or running in the yard may be a dog's invitation to chase and jump-a very natural response for a dog.
Remember, in many instances, your Maltese Puppy s were your "babies" first. They don't really understand what is happening. Find ways to show them you love them just as much as always. Take quiet walks or hang out in the yard on a cool summer evening. Make meal times special times to be with you. A little bit of affection goes a long way to make your Maltese Puppy s happy.

subset: commoncrawl


text:
Refiners Set to Increase Spending on Digital Technologies to Drive Down Operational Costs, Though Digital Not a Top Investment Priority, According to Research from AccentureGeneral Press Releases Friday August 11, 2017 17:08
Nearly two-thirds of refiners plan to increase their investments in digital technologies over the next three to five years, although digital is not one of the top plant investment areas for refiners today, according to new research from Accenture (NYSE: ACN).
The Accenture Connected Refinery research — based on a survey of more than 200 executives, functional leaders and engineers at refiners globally — shows that more than half of respondents (57 percent) said that their current level of digital investment overall was more or significantly more than 12 months ago.
When asked to identify the most important benefits that digital technologies will provide, respondents most often cited more-effective plant management (63 percent of respondents), reducing operational risk (59 percent) and more-efficient and predictive maintenance (54 percent).
Reducing operational costs appeared most frequently in the top three business priorities that will drive refiners' next digital investments, cited by 39 percent of respondents, yet the most frequently mentioned barrier to digital implementation was the investment required, cited by 50 percent of respondents.
"Investments in digital technology, when deployed at scale, can generate operational savings far exceeding the investment costs, even in the short term," said Intira Laomeepol, Managing Director, Resource Operating Group, Accenture in Thailand. "The fact that refiners plan to spend more on digital shows that they are cautiously optimistic about the incremental benefits to operations that new digital technologies can provide. While there is also concern about the cost of deploying these new solutions, leveraging big data and analytics for real-time operational insights could help refiners achieve best-in-class operational performance."
Ms Laomeepol said,"Now that computing power is cheaper than ever and mobile and Internet of Things solutions are more viable, refiners must move beyond simply piloting new digital technologies and into deployment at scale to see the benefits of digital. They will then recognize the significant reduction in operating costs and the potential for fundamental business transformation that these technologies can enable."
When asked to identify the digital technologies that drive the greatest impact in operational performance, respondents most often cited analytics (74 percent), cybersecurity (41 percent) and mobility (38 percent). The inclusion of cybersecurity among the top three suggests that companies are seeking to offset the greater risk of cyberattack that comes with more-connected refinery operations. Some of the current and future planned business investment areas that increase this connectivity include more automation, moving operations to the cloud, mobile solutions, AI and robotics.
"As the number of connected systems and devices that share data in the energy value chain continues to grow, so does the scale and impact of any potential cyberattack risk," Ms Laomeepol said. "Historically, refinery execution and control systems have been on premise, locally maintained and fairly isolated compared with enterprise systems. With increases in wireless infrastructures connecting people and connecting machines, and manufacturing execution system applications moving to cloud, new operational technology security measures are required."
Showing the need for new measures, more than one-third (36 percent) of respondents cited data security as a barrier to adoption of digital technologies; this figure rose to 50 percent among IT professionals surveyed.
The concern about cybersecurity is also reflected in Accenture Technology Vision 2017. When asked how often their organization updates its security policies and codes, respondents from the downstream sector said they updated them more frequently than other industries (yearly or less than yearly).
The online survey was conducted in March 2017 by PennEnergy Research in partnership with the Oil and Gas Journal. The survey was developed with HSB Solomon Associates LLC, a benchmarking and global advisory services company for the global energy industry. Respondents are subscribers to PennWell publications and comprised more than 200 refining industry professionals, including executive and mid-level management, business unit heads, engineers and project managers from a cross-segment of the industry.
Accenture is a leading global professional services company, providing a broad range of services and solutions in strategy, consulting, digital, technology and operations. Combining unmatched experience and specialized skills across more than 40 industries and all business functions – underpinned by the world's largest delivery network – Accenture works at the intersection of business and technology to help clients improve their performance and create sustainable value for their stakeholders. With more than 401,000 people serving clients in more than 120 countries, Accenture drives innovation to improve the way the world works and lives. Visit us at www.accenture.com.
Latest Press Release
Internationally acclaimed restaurateur, Chef Henrik Yde Andersen, whose gastronomic empire includes more than 20 well known establishments, brings his personal take on vegetarian fine dinging to Bangkok. The visionary chef behind the Michelin starred...
Our congratulations to Chef Sitichot Wanso (right), Junior Sous Chef of the Silver Waves Chinese Restaurant – pictured above with Chef Spencer Kell (left), Executive Chef of Chatrium Hotel Riverside Bangkok – who was recently awarded two...
The sale will include over one million new English books at 50%-90% off from November 30th to December 9th, 2018 at CMECC From the recent success of the Big bad Wolf Book Sale in Bangkok in August, the biggest book sale in the world is returning to...
Dr. Robert H. Xiao delivered a keynote speech about the internet and cultural exchanges during the event. The 5th World Internet Conference was held in Wuzhen, Zhejiang Province, China between November 7th and 9th, 2018. The event brought together 1,500...
HSBC, in collaboration with the EDF Foundation, announced the launch of "Bank on a Bright Career with HSBC" project as part of the HSBC Youth Opportunities Programme (HYOP). A one-year activity commencing in December 2018 will benefit some 3,000 students...


text:
That is, online dating sites use the conceptual framework of a "marketplace metaphor" to help people find potential matches, with layouts and functionalities that make it easy to quickly browse and select profiles in a manner similar to how one might browse an online store.
Members can constrain their interactions to the online space, or they can arrange a date to meet in person.
While some sites conduct background checks on members, many do not, resulting in some uncertainty around members' identities.
For instance, some profiles may not represent real humans but rather "bait profiles" placed online by site owners to attract new paying members, or "spam profiles" created by advertisers to market services and products.
Introduction sites differ from the traditional online dating model, and attracted a large number of users and significant investor interest.
In Eastern Europe, popular sites offer full access to messaging and profiles, but provide additional services for pay, such as prioritizing profile position, removing advertisements, and giving paying users access to a more advanced search engine.
Online dating (or Internet dating) is a system that enables strangers to find and introduce themselves to new personal connections over the Internet, usually with the goal of developing personal, romantic, or sexual relationships.


text:
There is an expectation that how we live our lives is an example to our children of what is ok and what isn't… There have been ads on television trying to stop parents asking their children to get them another beer out of the fridge rather than doing it themselves, as the repetitive act of a child doing what we see as a harmless adult activity for an adult can cause that child to believe that 'binge drinking' is an acceptable practice, which may lead to early consumptions of alcohol or 'addictive' behaviour in the child, because they see it as being 'ok.'
What are we teaching our children?Posted by Suzy J. in Family on October 29, 2013 0 comments
So if that's the case, what about in our relationships? If someone hits us in the face and we continue to have a loving relationship with that person, are we telling our children that it's acceptable that it's OK to be violent in a relationship? Or do we make excuses that we deserved it, or it was something that happened in a drunken stupor and they really didn't mean to hurt you so badly? Or do we cover it up, and say that you knocked your face in a door in the middle of the night so no one knows the truth? (it's actually quite frightening how many people actually do 'cover it up.')
But what happens if a husband cheats on his wife? Is the first relationship OK, a mistake, something they need to go to counselling over to work out the conflicts in their marriage? Is it showing your children that forgiveness is the greatest form of commitment, no matter how hurt and broken hearted you are, or that your sense of trust in the relationship has completely disappeared? I was speaking to a lady yesterday who did exactly that… She found out about her husband's four year affair because he kept saying that they couldn't afford to do some improvements around the house, but he was actually paying for his mistress's lifestyle on the side. She forgave him, as a Catholic woman does, and they went to counselling and tried to restore their marriage. She had all confidences that they would 'make things better.'
But then she heard the voices… 'go check his email,' 'go check the phone records…' So she did, and saw repetitive text messaging to the one phone number, up to 30 times a day and only on weekdays. She decided to ring the number, and the number was a mother of one of her daughter's friends. She decided not to approach the woman, but ask a mutual friend if she knew anything. Her friend said she knew nothing but decided to approach the woman in any case. She asked her to go out for a coffee, and she happily obliged, and once she sat down she said 'how long have you been having an affair with such-in-such?' The woman said, 'how do you know?'
For the wife, she said once is enough, but the second time, if she stayed, she would be teaching her daughter that it's OK for a man to walk all over you and not respect your relationship, and for her son, it would show him that an affair is an acceptable part of any marriage. She didn't want to show her children that infidelity was allowed… she didn't want to be treated like her feelings and her life was a lie.
So why do so many wives stay with their serial cheating husbands? What are they saying to their children? That their religious/moral values and or their ability to remain 'committed' are more important than their self-esteem, their existence in their own family or their husband's respect? Or is change too terrifying for too many? Do they believe that what goes on behind closed doors remains behind closed doors just to live the comfortable lifestyle they are accustomed? But once their children find out about the infidelities, and they do, if it's immediately or over time, their children will constantly question the blurred line between what is right and what is acceptable in all of THEIR OWN relationships.
Do you want to see your own child being hurt by infidelity, an abusive spouse or being completely disrespected by the person they love? Or would you prefer for them to stand up for their rights as a human being and be happy, learn to trust and live an honest life? Most would answer 'no way.' So why do women allow these men to walk all over them and not respect the commitment they made to each other? But even for men who have done the cheating (or women for that fact), can you imagine if his precious daughter's husband cheated on her, how could he live with himself to tell his daughter that her husband's behaviour is acceptable and she should just 'live with it' because he was too gutless to leave a marriage after he broke his vows.
If we can't teach our children by example how to be an up-standing citizen, then there is no hope in the future generations to be able to speak out and act on what is right and acceptable in how we should ALL be treated.


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The hempseed is the substance from which the marihuana is produced, is it not. Scarlett: No, sir; marihuana is produced from the resin of the female flowers or blossoms. The Chairman: It comes from hempseed. Scarlett: Yes, sir; but in India when they produce marihuana, they are very careful to go through the fields and pick out the male plant, so that they will not fertilize the female plant. The Chairman: If you had no hemp weed, you would have no marihuana, would you. Scarlett: That is correct; that is the reason I said we would sterilize the seed.
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The 2-Minute Rule for apple inc in 2012 case study solution
Apple decided that it didn't want to surrender 30 per cent of e book sales, although, and it instead chose to enable the publishers to use iBooks as well as the iPad as major leverage from Amazon and drive the agency model on to the field.
WWDC 2018 conversations diverge into Chromebooks and Windows techniques, a slowdown in Laptop or computer adjustments, aged Mac licensing and market place share troubles, etc.
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The Songwriter In Me
Snapshots of My Creative Process
Donna Ulisse
This book can be downloaded and read in Apple Books on your Mac or iOS device.
Donna Ulisse shares her development as a songwriter; from introducing us to the people around her as a child who fired up her imagination, to being a signed songwriter at a music publishing company in Nashville, TN for the past fifteen years. She offers tips on the co-writing process, explanation of song structures and rhyme patterns, exercises on how to get your own creative juices flowing, as well as many of her own lyric examples with insights to her approach on each lyric.
Written in her endearing, straightforward and down to earth style, Ulisse's love of songwriting shines through and she presents the information in an accessible form to writers of all levels.
- $9.99
- Category: Music
- Published: Mar 06, 2015
- Publisher: BookBaby
- Seller: BookBaby
- Print Length: 199 Pages
- Language: English


text:
November 15th
Board of Education Monthly Meeting followed by Executive Session
6:30pm in the Mattituck Jr/Sr High Library
Welcome to the 2018-2019 school year – a year filled with opportunities!
I am honored and excited to be chosen to be the Superintendent of Mattituck-Cutchogue Union Free School District. As I have visited with staff, school and community leaders, parents and students, I am more than convinced I am most fortunate to be a part of this unique and successful school district. After spending some time with Dr. Smith this summer acclimating to this new position, I have the utmost respect and admiration for the work she has led over the past four years. It is evident that a climate of respect, innovation and collaboration has been established with students at the heart.
Since my first years in teaching elementary school in the Bayport-Bluepoint School District 28 years ago, my career has been dedicated to providing students with opportunities to meet their fullest potential. Throughout this journey, there have been many inspirational moments. As I reflect on those moments, they are the times when a team of courageous people with a shared vision, the ability to listen to one another, plan, reflect, re-tool and honor the process, is where we are most inspired and successful. My hope and priority in the year ahead will be to engage in all that makes up Mattituck-Cutchogue and build lasting relationships, which are essential to meet the collective needs of our students and staff.
I believe all students deserve a quality, diverse and comprehensive education. Mattituck-Cutchogue is known not only for its academic excellence and extracurricular programs, (Ranked #55 in New York State) but also for creating a learning environment that provides every student with a sense of belonging, while helping students to grow emotionally and socially.
Schools are often a reflection of a community. I have heard in Mattituck-Cutchogue the success of our students comes from the unwavering support and commitment of parents, students, dedicated staff and community partners. I am thrilled to start this incredible journey with all of you. I am eager and ready to make the year ahead a memorable one. Please don't hesitate to reach out to me to share ideas or concerns in hopes of building a better future for our children.
The Mattituck-Cutchogue Union Free School District
is dedicated to providing a welcoming and safe environment where diversity, interdependence and self-discovery are valued. Educators, students, families, and community members work together creating a dynamic, flexible, and engaging learning process to:
- Nurture individuals' passion for life and learning
- Foster collaboration, creativity, and critical thinking
- Encourage a range of perspectives
- Promote and practice personal integrity
As a result, students develop academic excellence, confidence, and resiliency to face future challenges in order to contribute to and inspire positive change in the local and global community.


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Found at: http://www.ccahk.org/article/articleprint/79/
3.4 Governor General's Reception Dinner
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I can't go on the pill or have the implant or anything because of a blood disorder I have, so at my post natal check the doctor suggested getting the coil. However she said one of the side affects could be that my periods get heavier, which to be honest has put me right off! They're a pain enough as it is without them getting heavier!! 🙄
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Civ. A. No. 94-12583-GAO.
October 11, 1995.
Sander S. Lederman, Brockton, MA, for plaintiffs.
William T. Kennedy, Michael L. Snyder, Quincy, MA, for defendant.
The defendant Aetna Casualty Surety Company ("Aetna") has moved for summary judgment on the plaintiff F.C.I. Realty Trust's ("FCI") insurance coverage claim against it for FCI's failure to comply with a condition precedent in the insurance policy requiring the submission of claims to a panel of referees prior to the commencement of any suit on the claim. Aetna has also moved to dismiss the case as not within this Court's diversity jurisdiction. The Court concludes that it has jurisdiction over the case and grants Aetna's motion for summary judgment.
FCI, of whom Frank Inzalaco, Sr. is trustee, owns property at 692 Main Street in West Bridgewater, Massachusetts. From May 9, 1993 to May 9, 1994, the property was covered by an insurance policy issued by Aetna.
In December. 1993, Inzalaco First suspected a water leak outside the property and reported it to the town. According to FCI, the water leak was in the town water supply line inside the interior face of the property's foundation wall. This event, FCI now contends, caused substantial damage to the property by washing out gravel underneath the interior concrete floor slabs, thereby damaging the entire structure of the building.
Aetna conducted its own investigation of the property and came to a different conclusion. According to Aetna, the leak did little damage to the property; rather, inadequate construction, improper soil compaction below the floor slabs, and cyclical changes in temperature and humidity caused most of the structural damage found in the building. Aetna denied coverage except as to the cost of exposing the underground pipe and of returning the property to its condition prior to the excavation.
After some settlement discussions and a failure to agree about damages and causation, FCI filed this suit against Aetna alleging breach of contract and violations of Mass. Gen.L. chs. 93A, 176D, § 3(9).
A. Motion to Dismiss for Lack of Jurisdiction
Aetna first argues that the Court lacks subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), both because of defects in FCI's pleadings and because of defects in FCI's theories of recovery. FCI's claims are all based on Massachusetts law, making jurisdiction here appropriate only under 28 U.S.C. § 1332(a), which gives this Court original jurisdiction over all civil actions where "the matter in controversy exceeds the sum or value of $50,000, exclusive of interest and costs, and is between — (1) citizens of different States."
First, Aetna notes that the plaintiff's alleged in their complaint that the plaintiffs are a Massachusetts Trust and a Massachusetts resident, and that the defendant "is an insurance company duly authorized by law and has a place of business at Middleboro, Plymouth County, Massachusetts." That, Aetna points out, does not allege diversity of citizenship. Similarly, the complaint does not explicitly request an amount greater than $50,000 but merely seeks damages of "an amount not less than $42,525.00" and requests "additional money damages for loss of use of the premises under the policy" as well as attorney's fees. Aetna contends these statements do not place more than $50,000 in controversy.
In response to Aetna's motion, FCI asserts that Aetna has its headquarters and principal place of business in Connecticut, so that diversity of citizenship does in fact exist. FCI also contends that its claim for recovery, based on projected costs of repair and consequential damages, will amount to more than $50,000. FCI has also offered to amend the complaint to reflect these matters properly. After such an amendment, diversity of citizenship and the necessary amount in controversy would be averred on the face of the complaint.
However, Aetna's challenges to jurisdiction do not end with FCI's negligent pleading. Aetna additionally questions whether, the allegations alone aside, under FCI's several theories there is at least $50,000 actually in controversy. Even where a complaint adequately alleges a jurisdictional amount, a federal court may dismiss the case if it appears "to a legal certainty" that the plaintiff, at the time of the complaint, could not recover the amount in controversy. See St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 288-89, 58 S.Ct. 586, 590, 82 L.Ed. 845 (1938). Once challenged, "the party seeking to invoke jurisdiction has the burden of alleging with sufficient particularity facts indicating that it is not a legal certainty that the claim involves less than the jurisdictional amount." Department of Recreation v. World Boxing Ass'n, 942 F.2d 84, 88 (1st Cir. 1991).
Aetna argues that the only valid estimates for repair work on the property are in the range of $42,000 and that FCI's attempt to recover treble damages and attorney's fees under Mass.Gen.L. ch. 93A for Aetna's alleged violations of Mass.Gen.L. ch. 176D, § 3(9) could not succeed under Massachusetts law. FCI has proffered in opposition to Aetna's motion an estimate from a general contractor placing the costs of repair at $56,619. FCI's new appraisal suffices, albeit just barely, to persuade this Court that its claim is not, to a legal certainty, for less than the jurisdictional amount for the purposes of a Rule 12(b)(1) motion. Accordingly, the motion to dismiss for want of jurisdiction is denied.
Aetna is probably correct that FCI could not recover treble damages or attorney's fees under its chapter 93A claim. FCI, as a business, may sue Aetna, another business, under ch. 93, § 11, but an insurer's violations of ch. 176D, § 3(9) do not themselves create a cause of action under § 11. See Kiewit Constr. Co. v. Westchester Fire Ins. Co., 878 F. Supp. 298, 301-02 (D.Mass. 1995); Polaroid Corp. v. Travelers Indemnity Co., 414 Mass. 747, 610 N.E.2d 912, 916 (1993); DiVenuti v. Reardon, 37 Mass. App. Ct. 73, 637 N.E.2d 234, 239 (1994); Transamerica Ins. Group v. Turner Construction Co., 33 Mass. App. Ct. 446, 601 N.E.2d 473, 477 (1992). While Aetna's alleged behavior might still conceivably fall within Mass. Gen.L. ch. 93A, § 2, a violation of chapter 176D does not automatically violate § 2, and FCI appears to rely exclusively on its allegation that Aetna violated chapter 176D in stating its chapter 93A claim.
Aetna is incorrect, however, that the possible recovery of treble damages (were they available here) would not suffice to bring this case within federal jurisdiction. Treble damages are a form of punitive damages, and "[w]here both actual and punitive damages are recoverable under a complaint each must be considered to the extent claimed in determining the jurisdictional amount." Bell v. Preferred Life Society, 320 U.S. 238, 240, 64 S.Ct. 5, 6, 88 L.Ed. 15 (1943). Aetna also asserts that Travis v. McDonald, 397 Mass. 230, 490 N.E.2d 1169 (1986), would prevent consideration of such added damages in this case. In Travis, the Massachusetts Supreme Judicial Court noted that where a plaintiff claims an amount small enough to commence the claim in small claims court, but the operation of Mass. Gen.L. ch. 93A, § 9 might increase the award to an amount beyond small claims jurisdiction, that fact would not divest the small claims court of jurisdiction. Travis is inapplicable. Massachusetts' interpretation of its small claims jurisdiction has no bearing on the questions of federal jurisdiction presented here.
B. Summary Judgment
Summary judgment is appropriate wherever "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); Woodman v. Haemonetics Corp., 51 F.3d 1087, 1091 (1st Cir. 1995). The non-moving party, here FCI, is entitled to all reasonable inferences that may be derived from the evidence submitted, and the evidence must be viewed in the light most favorable to it. Woodman, 51 F.3d at 1091.
The insurance contract between FCI and Aetna, the validity of which neither party disputes, contains the following clause:
Appraisal. In case of loss under this policy and a failure of the parties to agree as to the amount of loss, it is mutually agreed that the amount of such loss shall be referred to three disinterested men, the company and the insured each choosing one out of three persons to be named by the other, and the third being selected by the two so chosen, and the award in writing by a majority of the referees shall be conclusive and final upon the parties as to the amount of loss or damage, and such reference, unless waived by the parties, shall be a condition precedent to any right of action in law or equity to recover for such loss; but no person shall be chosen or act as a referee, against the objection of either party, who has acted in a like capacity within four months.
This somewhat archaic language is prescribed by Mass.Gen.L. ch. 175, § 99, which specifies the required form for fire insurance policies.
The provision is attributable in part to the former judicial hostility toward agreements to arbitrate that the statute was trying to circumnavigate. See Augenstein v. Insurance Co. of North America, 372 Mass. 30, 360 N.E.2d 320, 323 n. 9 (1977).
The contract language here clearly makes the reference of the amount of loss a "condition precedent" to any suit against the insurer absent waiver. Massachusetts cases have not questioned the validity of such clauses where applicable. See, e.g., Employers' Liability Assurance Corp. v. Traynor, 354 Mass. 763, 237 N.E.2d 34 (1968); Molea v. Aetna Ins. Co. of Hartford, Conn., 326 Mass. 542, 95 N.E.2d 749, 752 (1950); Barton v. Automobile Ins. Co. of Hartford, Conn., 309 Mass. 128, 34 N.E.2d 516, 518-19 (1941); Moran v. Phoenix Ins. Co., 7 Mass. App. Ct. 822, 390 N.E.2d 1139 (1979). On its face then, the contract provision bars FCI's suit, there having been no reference as required.
FCI raises two arguments in rebuttal. First, FCI insists, an assessment of the amount of damages could not be made without determining what caused the damages, and the matter of causation is not within the referees' competence to determine. FCI suggests that to assess the value of the loss before determining what physical damage the covered event caused is to put the cart before the horse; it would, in FCI's words, "be like trying damages in a bifurcated tort case before the issue of liability is determined."
The Massachusetts cases interpreting identical language indicate that that is precisely the point. In Fox v. Employers' Fire Ins. Co., 330 Mass. 283, 113 N.E.2d 63 (1953), a case on which both sides rely, Fox sought to recover on three fire insurance policies for damage caused by lightning to his garage. In accordance with the policy, the amount of loss or damage was referred to the "three disinterested men," who found the amount of loss and damage under the policies to be only $317, apparently believing that a windstorm had caused most of the damage to the building. The Supreme Judicial Court noted that "[t]heir views so far as ultimate liability goes are wholly tentative and in no sense a decision on that underlying question." Id. 113 N.E.2d at 66. But the Court held that the referees should determine "the amount of loss or damage under the policy, . . . not the amount of loss or damage whether covered by the policy or not." Id. at 66. In other words, the referees are empowered to determine the amount of damages from a specific cause, so long as they shy away from questions of ultimate liability. Id. at 66. Presumably, once the parties know exactly how much money is at stake, they can settle a case more easily. Also, more technical issues of damages assessment are thereby taken out of the hands of lay persons and made the responsibility of experts. Employers' Liability, 237 N.E.2d at 34.
FCI asserts that the central, although by no means only, dispute in this case is what damage was caused by the covered event: FCI claims that the flooding caused all the structural damage to the building, while Aetna maintains that it caused only a small part of it. FCI notes that the appraisers would have to reach that issue in their determination, but that their determination would be nonbinding, and the parties would thus have to litigate the entire matter twice.
FCI's assessment is not entirely accurate, and it is also beside the point. The Supreme Judicial Court has held that referees must "find the amount of loss in light of their own interpretations of the terms of the policy," although "the question of construction would remain open for reexamination in an action of the policy, if one should eventuate." Augenstein, 360 N.E.2d at 324; Fox, 113 N.E.2d at 66. If the referees reach questions of ultimate liability, those issues can be relitigated; but that eventuality does not excuse the contractual requirement that there be a reference before there be a law suit.
Second, FCI asserts that Aetna has waived its right to a reference by not filing its summary judgment motion until nine months into the case. On the contrary, Aetna raised the reference issue as an affirmative defense in its answer to FCI's complaint and has repeatedly declined to waive its rights under the policy. Cf. Lancaster v. General Accident Ins. Co. of America, 32 Mass. App. Ct. 925, 587 N.E.2d 246, 247-48 (finding material issue of fact as to waiver where defendant did not raise reference requirement in its initial letter denying liability under the insurance contract). aff'd, 413 Mass. 1007, 604 N.E.2d 23 (1992). There was no waiver here.
For the foregoing reasons, Aetna's motion for summary judgment is GRANTED.


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This specific ISBN edition is currently not available.View all copies of this ISBN edition:
Spanning the period between the Chicago World's Fair of 1893 and the years just after World War I, this novel moves from the labor troubles in Colorado to turn-of-the-century New York, to London and Gottingen, Venice and Vienna, the Balkans, Central Asia, Siberia at the time of the mysterious Tunguska Event, Mexico during the Revolution, postwar Paris, silent-era Hollywood, and one or two places not strictly speaking on the map at all.
With a worldwide disaster looming just a few years ahead, it is a time of unrestrained corporate greed, false religiosity, moronic fecklessness, and evil intent in high places. No reference to the present day is intended or should be inferred.
The sizable cast of characters includes anarchists, balloonists, gamblers, corporate tycoons, drug enthusiasts, innocents and decadents, mathematicians, mad scientists, shamans, psychics, and stage magicians, spies, detectives, adventuresses, and hired guns. There are cameo appearances by Nikola Tesla, Bela Lugosi, and Groucho Marx.
As an era of certainty comes crashing down around their ears and an unpredictable future commences, these folks are mostly just trying to pursue their lives. Sometimes they manage to catch up; sometimes it's their lives that pursue them. Meanwhile, the author is up to his usual business. Characters stop what they're doing to sing what are for the most part stupid songs. Strange sexual practices take place. Obscure languages are spoken, not always idiomatically. Contrary-to-the-fact occurrences occur. If it is not the world, it is what the world might be with a minor adjustment or two. According to some, this is one of the main purposes of fiction.
Let the reader decide, let the reader beware. Good luck.
-Thomas Pynchon
"synopsis" may belong to another edition of this title.
Thomas Pynchon is the author of V., The Crying of Lot 49, Gravity's Rainbow, Slow Learner, a collection of short stories, Vineland , Mason and Dixon and, most recently, Against the Day. He received the National Book Award for Gravity's Rainbow in 1974.From AudioFile:
Listeners navigating Pynchon's latest magnum opus could easily be thrown off by the multitude of characters, themes, and events in this novel that spans several decades around the cusp of the twentieth century. From bomb-throwing anarchists to greedy capitalists, from miners to "pavement nymphs," from adventurers to mystics, reader Dick Hill works wonders as he portrays this cast of hundreds who wend their way through a dense yet always intriguing story. With a palette of voices that not only capture the unique traits of each character but make them all stand out, and with narration that keeps the story flowing, listeners who persevere through this long novel will find both the story and the performance immensely rewarding. K.M. © AudioFile 2007, Portland, Maine-- Copyright © AudioFile, Portland, Maine
"About this title" may belong to another edition of this title.
Book Description The Penguin Press, 2006. Hardcover. Condition: New. Dust Jacket Condition: new. ** Because of weight/size, this item cannot ship internationally **. Seller Inventory # mon0000067141
Book Description The Penguin Press, 2006. Condition: New. book. Seller Inventory # M159420120X
Book Description The Penguin Press, 2006. Hardcover. Condition: New. Seller Inventory # DADAX159420120X
Book Description Viking, New York, 2006. Hardcover. Condition: New. Dust Jacket Condition: New. 1st Edition. First Edition, First Printing. No Flaws or Blemishes but minimal shelf handling; Still Gift Quality. Dust Jacket with price is in a new clear protective Mylar sleeve. 8vo; 1085 pages. ---------- Not for everybody, perhaps, but those who climb aboard Pynchon's airship will have the ride of their lives. History lesson, mystical quest, utopian dream, experimental metafiction, Marxist melodrama, Marxian comedy--Against the Day is all of these things and more. -- Washington Post, November 19, 2006. Seller Inventory # 008810
Book Description The Penguin Press, 2006. Hardcover. Condition: New. Never used!. Seller Inventory # P11159420120X
Book Description The Penguin Press. Hardcover. Condition: New. 159420120X Brand new book. Never used. Nice gift. Best buy. Shipped promptly and packaged carefully. Seller Inventory # SKU8006619
Book Description The Penguin Press. Hardcover. Condition: New. 159420120X New Condition. Seller Inventory # NEW99.0986727
Book Description The Penguin Press, 2006. Hardcover. Condition: New. 1st - may be Reissue. Ships with Tracking Number! INTERNATIONAL WORLDWIDE Shipping available. Buy with confidence, excellent customer service!. Seller Inventory # 159420120Xn


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From the National Assembly to assembly in the streets, and a return to freedom for two activists, this month was jam-packed with big headlines. Quyên Ngô brings you the important headlines this month.
Understanding the Colors of April 30th
Gaba Rodriguez: Building Feminist Infrastructures
Broadcasting a 24/7 Mix of Punk Rock and Human Rights in Venezuela
Six Vietnamese Activists Sentenced to Sixty Six Years in Prison
Free Speech Activist Ejected from Parliamentary Hearing in Singapore
2018 Vietnam Cyber Dialogue
On the Record with Han Hui Hui
A Tale of Two Prides
A Wife's Letter, on the Eve of Her Husband's Trial
Human rights activist Nguyễn Văn Oai is on trial again, after having previously served four years in prison on charges of attempting to overthrow the government. Oai became a father while in prison awaiting trial. His wife Hồ Thị Linh Châu posted a letter to him on her Facebook page, just before he was originally due to appear in court.
Pilgrimage to Huế: Of Spirits, Rituals, and Trances
Việt Nam Social Rights Advocate Sentenced to 9 Years for "Propaganda"
Vietnamese authorities have sentenced yet another social activist to a lengthy prison term, continuing a spate of heavy-handed punishments against dissent. In a one-day trial, the People's Court in Hà Nam province sentenced Trần Thị Nga to nine years in prison and five years of house arrest for "conducting propaganda against the State."
Lụa and Loan, Two Asylum Seekers Rejected by Australia
Videographer of Anti-Formosa Protests Charged With "Propaganda"
Việt Nam News Roundup
The Secrets of Jade
Jade has been used for more than 7000 years already and it has a special meaning throughout Asia. Not only is it an artistic expression, it is also a recurring symbol in religion, philosophy and literature. We explore the significance of the jade bracelet in Việt Nam and explains how to choose the perfect one for you.
Vietnamese Blogger Phạm Minh Hoàng: "I Cannot Be Stripped of My Citizenship"
A Vietnamese educator who has been prevented from teaching, now finds the last part of his identity stripped from him: His Vietnamese citizenship. Professor Phạm Minh Hoàng, a 61-year-old blogger who writes about human rights, social justice, and corruption in Việt Nam, is on the record from Sài Gòn.
Blogger Phạm Minh Hoàng: "Tôi Không Thể Nào Bị Tước Quốc Tịch"
(Vietnamese original) Một giáo sư Việt Nam bị cấm giảng dạy, và một chút bản sắc Việt Nam cuối cùng cũng bị tước mất: quốc tịch Việt Nam của ông. Nhà bất đồng chính kiến Phạm Minh Hoàng năm nay 62 tuổi, là một người viết blog về nhân quyền, công lý, xã hội và nạn tham nhũng tại Việt Nam. Ông đã trò chuyện từ Sài Gòn với phóng viên của Loa, Lilly Nguyễn.
News Roundup: Phúc Visits Trump, Việt Nam at U20 World Cup
Why Hà Nội Still Pretends to Care
Prime Minister Nguyễn Xuân Phúc is visiting the United States this week to meet with Donald Trump. Hà Nội wants to show that its human rights records has progressed and it is eager to deepen its ties with America. But what are its real motives and ambitions for this visit? And what should America know about Việt Nam's human rights situation before making any decisions?
Reporter Trần Minh Nhật gives his outlook on the current news.


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Herein we report the synthesis and structure determination of a non‐fluorescent Au4Ag5(dppm)2(SAdm)6(BPh4) (dppm=bis(diphenylphosphino)methane and HSAdm=1‐adamantane mercaptan) nanocluster in methanol with extremely strong AIE when aggregating to the solid state (i.e., film or crystal). This phenomenon was rarely reported in structural determined noble metal nanoclusters. The extended X‐ray absorption fine structure (EXAFS) measurement ruled out the hypothesis that the luminescence originated from the structure change in different states. Besides, the crystal structure (determined by X‐ray diffraction) revealed that the tightly combined left‐ and right‐handed enantiomers induced the strong restriction of intramolecular motions (RIM), which may have an impact on aggregation‐induced emission.
Chemistry - A European Journal – Wiley
Published: Jan 12, 2018
Keywords: ; ; ; ;
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Italian Chrome And Crystal Glass Cascade Pendant In The Fontana Arte Style, 1960s
Italian Chrome And Crystal Glass Cascade Pendant In The Fontana Arte Style, 1960s
+ delivery
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Request A Delivery Quote
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Amazing pendant chandelier of 6 cascading lamps made of heavy crystal glass blocks attached to a chrome plated lamps frame.
Made in Italy in the late 1960s in the style of Fontana Arte.
The singular lamps are hold by a steel wire, to which is attached the electric black wire. All wires are fixed on top of the round ceiling plate.
The glass blocks are attached to the lamp frame with chrome plated screws.
The pendant have been carefully restored, all electrical wires as well as the steel wires have been exchanged to new ones. There are approx. 20cm of steel/wire more in order to extend the singular lamps if needed. The chrome plating is in very good condition too with smallest signs of wear.
The crystal glass blocks are in very good condition and are very shiny.
Width: 34.0 cm
Height: 90.0 cm
Depth: 34.0 cm
Other: diameter of the lamp approx. 34 cm.
Estimated Time: Less than one week
This item is located in Italy.
Please use the 'Ask a question' button to request an accurate delivery quote to your postcode.
All deliveries of larger items will be made by our trusted courier - it depends on destination. Its fully insured, one man service - driver will need help to unload/ take delivered item to the room of your choice. Please make sure somebody will be available to help driver on delivery day.
Deliveries to England are usually made within two weeks over weekend but please allow 28 days. Delivery day & time window will be confirmed directely by driver once his route is fully set.
Important - some areas are not covered or may incur extra charge so always before purchase please email your postcode for double check.
Delivery charge is always paid in advance.
Smaller items will be posted with express courier and are traceable.
Parcel will be dispatched within 1-2 days and arrive within 1-2 weeks max. During high season like Christmas delivery times will be longer.
Please make sure you will be able to accept delivery - if you will not be at home please provide alternative delivery address when you place the order.
This item can be collected from Clivio, Italy.
Can be collected from Varese,
We offer a 14-day return policy. Read more
Condition: Used
Wear Condition: Excellent
Place of Origin: Italy
Material: Crystal glass, chrome plated metal details
Period: Mid 20th CenturyListed by: Nicole_09c0
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EV Information DIY Electric Car Forums
EV Information
This wiki is to be a one stop resource for anyone of converting a car from a ICE car to run on pure If you are not familiar with a wiki it is like an encyclopaedia that can add to or edit. This means all of our collective knowledge is collected in one to read place, errors inevitably occur are monitored and by other members and the information up to date. The wiki is still and every member of this has full permission to edit or whatever they think contribute positively to this
Below is a sort of contents with the topics arranged in rather than alphabetically to it a little easier to navigate.
A Beginners Guide to Electric
It can be pretty daunting when you out about how popular and useful cars seem to be, it prompts all of questions and the scepticism of something seems too good to be true. section of the wiki aims to those questions and give a basic introduction to make it to find out more. The current are:
Once you have the advantages of EVs you might decide converting a car to an electric drive is best for your circumstances, but do you start? This section to make the planning stages of an EV a little easier with on where to start, what you to know and what is required to the switch to electrons. The current are:
Some parts of the conversion need some background to understand them clearly. than just the basics, section will help you get head around the trickier parts of your EV so that the parts come together The current topics are:
converting a car to electric is sometimes not as as just swapping the motors Besides the drive train are several parts of are normal car are either dependant on the ICE or that to be made more suitable for the new system. This section cover those smaller that at are secondary to the major of an EV but are nevertheless important to consider. The topics are:
Air-Conditioning Options
Brake Options
Power Steering
Automatic Transmissions in EVs
Getting Hands Dirty:
This of the wiki covers the more side of a conversion. It contains How To and specific examples to aid in the actual part of the EV conversion process. The key of this section are specific and so if you are in the middle of a conversion then is probably the place to be. The current are:
Tool List
DIY — Cables
Schematic Diagram
Current Limiting Formula for
AWG to Metric Conversion
Copper Design
Battery Pack LiFePO4 Cells
Making Great:
Once the car is up and running for the DIY bug never really leaves Converting to an EV not only makes sense it is also a great and since range and battery is a big factor of EV use, efficiency a big priority. So once the car is moving how can it be better; more efficient, practical etc. The current are:
Aerodynamics- Overview
Weight Reduction
Regenerative Braking
Food For Thought :
Apart your own conversion there is out there going on which may be to, inspiration for, or help you something about your own This section aims to the more general ideas electric cars and the surrounding It can perhaps be considered the next up from the beginners guide to The current topics are:
and Future Production EVs
Hybrid Vehicles
Compressed Air
Perpetual Motion (Generator on Wind Powered)
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