text:
Summary: The cone, for which strong resolvability of the quadratic problem of selection is guaranteed, is described in the four-index matrixes space.
Matalytski M. A., Koluzaeva E. V.
Summary: Methods of finding expected incomes for Markov queuing networks of arbitrary architecture with incomes are considered. Examples of application of such networks as mathematical models of various objects are obtained.
Summary: The stability properties of bounded essentially semiregular operators in Banach space as generalizations of semi-Fredholm operators are discussed. This article is devoted to the proof of generalization of Kato theorem for essentially semiregular operators at commuting perturbations.
Summary: In the article it was proved that integral monic polynomials of arbitrary degree and with the convergence limitation of some series can approximate zero with a given order on a set of zero measure and nonmonotonic right-hand side.
Summary: In the work non-commutative cluster mutations are defined and studied. For a particular mutation matrix it is proved that the iteration of cluster mutation is assigned by non-commutative Laurent polynomials, and this gives an independent proof of the Laurent phenomenon in the commutative case.
Kilbas A. A., Zhukovskaya N. V.
Summary: Linear inhomogeneous differential equations with a finite number of the Riemann--Liouville fractional derivatives, being analogues of Euler-type ordinary differential equations, are investigated. Using the direct and inverse Mellin transforms and the residue theory, partial solutions of the considered equations are established in terms of the generalized hypergeometric function and of the Euler psi-function.
Summary: The linear control periodic system with reverse communication is considered. The control problem of a spectrum of irregular oscillations is solved.
Summary: It is shown that in a photorefractive crystal with a low concentration of acceptors a time of transition to the excited stated (and inversely) decreases with increasing the light intensity. In this case, the decrease of time of the direct process appears to be larger.
Malik A. A., Satsunkevich I. S.
Summary: Basic properties of a possible bound state of t+ and t- are given in this article. A total cross section of (t-t+) production in electron positron annihilation taking into account radiative corrections and experimental widths of initial beams is calculated. It is shown that modern experiment is able to observe (t-t+).
Summary: The problem of existence of soliton-like solutions of (1 + 1), (2 + 1), (3 + 1 )-dimensional Schrodinger equations with the third power nonlinearity law is investigated. The numerical-analytical method of constructing solitons is developed.
Summary: Molecular dynamics simulations were implemented for the HIV-1 subtype AV3 loop on the basis of its static 3D structure followed by determining the rigid V3 segments and evaluating by molecular docking methodology the masking effect that can occur due to interaction of the V3 loop with the two virtual molecules constructed previously by tools of computational modeling and named CycA and FKBP peptides. As a result, the V3 segments preserving their structural parameters during the molecular dynamics computations were defined to present the universal targets for anti-AIDS drug researches. From the data on molecular docking, synthetic analogs of the CycA and FKBP peptides were suggested being suitable frameworks for making a reality of the V3-based anti-HIV-1 drug projects.
Babenko A. S., Sinelyov V. A., Britikov V. V., Tutubalina E. A., Gilep A. A., Usanov S. A.
Summary: This article is devoted to the study of a relative expression level of CYP19A1, CYP1B1, and ERBB2 genes in samples of human breast tumors. The aim was to detect a possible relationship between relative expression levels of these genes using correlation analysis. A relative gene expression level of ERBB2, CYP19A1, CYP1B1 was determined in 50 tumor samples of human breast tissue in real-time PCR. These quantitative data were normalized to GAPDH. We found a statistically significant correlation between the relative expression level of CYP19A/CYP1B1 (rs = - 0.508, P < 0.001). Between ERBB2/CYP19A1 (P = 0.638) and ERBB2/CYP1B1 (P = 0.438) a statistically significant correlation of the relative expression level was unable to identify what can be explained to different mechanisms of initiation and development of tumors caused by either the distortion of biosynthesis and metabolism of steroid hormones (CYP1B1, CYP19) or ERBB2-proxy tumors.
Matrunchik Ju. V., Vorobieva E. V., Krutko N. P., Basalyga I. I.
Summary: The article presents the results of investigation of the colloid-chemical properties of dispersion of polyacryl acid-based polymer hydrogel (PHG) in aqueous solutions of surfactants depending on the surfactant type and concentration. It is shown that a cation-type surfactant evolves absorbed water and a non-ionic surfactant practically does not exert any influence on the rheological properties of hydrogel dispersion. Results of comparison of anion-type (soldium dodecylsulfate and sodium oleate) surfactants have revealed essentially higher values of rheological characteristics for the structure of PHG with soldium oleate. The cross-linking, when hydrogel interacts with sodium oleate, yields a product with new properties differing from those of the initial components.
Gerlovskij D. O., Litvinko N. M., Kuchuro S. V., Gros N. N.
Summary: The kinetics of the inhibiting action of 2-propanoil-5-(2,4,6-trimethylphenyl)-cyclohexane-1-3-dione (compound I) on the activity of pancreatic ФЛA2 is investigated. The Linuiver-Berk graphical method in double reverse coordinates has defined the inhibiting mechanism of phospholipase with the participation of ФЛA2 in type of conjugating or anticompetitive deceleration by this 5-mesityl-substituted cyclohexane b-triketone (Kmi = 1.6  104 M, KSi = 1.3  10-2 M, Ki = 5.3  10-3 M) and without it (Km = 3  10-4 M, KS= 1.0  10-4 M), Vmax &#gt Vmaxi, 1.7  10 and 0.74  10 µmole  min-1  mg-1 respectively. In experiment the action of compound I upon phospholipolysis can be made in succession due to the interaction of mesithyl or ketone fragments with hydrophobic sites and agrinyl residues of enzyme necessary for participation in catalysis.
Moroz I. V., Eryomin A. N., Mikhayilova R. V., Lobanok A. G.
Summary: In the studies of the influence of mono- and polyalcohols on biosynthesis of extracellular catalase by P. piceum F-648 A3 it was found that ethanol serves as an activator of catalase synthesis. Introducing 4% (v/v) ethanol into the nutrient medium ensures an increase in the enzyme production and fungal mycelium productivity 4.5 and 7.6 times, respectively. Under the above-mentioned conditions the fungus synthesizes catalase with an elevated initial rate and H2O2 decomposition efficiency -- 4.1--4.9 times and 2.6--3.4 times respectively. The enzyme is characterized by high operational stability and specific activity exceeding 1.5--19.2 times this parameter in other catalases.
Summary: The growth and survival of larvae of the freshwater shrimp Exopalaemon modestus (Heller) were analyzed under the temperatures 16--19°C, 20--22°C, 25--26°C in liquid wastes of the Berezovskaya electric power station (Belarus). It is shown that the larval period consists of two stages of zoea and continues 5--10 days depending on the temperature. The survival comes to 54--100%. An average length of zoea I, II and postlarval is 4.08 ± 0.12 mm, 4.47 ± 0.23 mm and 4.70 ± 0.26 mm respectively, and an average mass is 0.54 ± 0.11 mg, 0.80± 0.15 mg and 1.02 ± 0.24 mg respectively.
Galinousky D. V., Evtushenkov A. N.
Summary: A plasmid based on a broad host range vector is harboring genes of synthesis of b-carotene. The plasmid was transferred to different strains of gram negative bacteria by conjugation. The obtained strains collected b-carotene and had yellow pigmentation of bacterial colonies. Strain Psedomonas stutzeri B975 harboring the plasmid produced the maximum yield of pigment. This strain collected b-carotene 3.2 as much as wild-type bacteria Pantoea agglomerans 206. We revealed the optimal growth temperature and the maximum pigment collecting temperature of Ps. stutzeri B975 caring the b-carotene synthesis genes.
Chakova N. N., Mikhalenka A. P., Shloma E. N., Chebotareva N. V., Kruglenko S. S., Shelkovich S. E., Krupnova E. V., Demidchik Yu. E.
Summary: The aim of this research was to study the polymorphism of GSTT1, GSTM1 and NAT2 in ovarian cancer patients. The highest odd ratio for an ovarian cancer risk reached 3.60 (95% CI 0.85--15.29) in the GSTT1(-)/GSTM1(+) genotypes.
Summary: A map of crustal anomalies of electrical conductivity of the East European Platform is presented. It is shown that a great many anomalies are situated in troughs of the Platform. Most of the good conductors (S > 1000 S) occur in the upper crust (0--15 km) of aulacogen and troughs.
Vityaz P. A., Sosnovskiy L. A., Sherbakov S. S.
Summary: New approaches to mechanical and mathematical modeling of tribo-fatigue systems simultaneously subject to complex loading are considered. A new method of comprehensive study of the mechanical state of a deformable system and its elements including the statement and solution of stress-strain state, damage and limiting state problems is presented. Results of a roller/shaft type system research by such a method are given.
Pinchuk L. S., Bannyi V. A., Goldade V. A.
Summary: Radiophysical characteristics of polymer composite materials filled with metals and ferrites have been studied as dependent on the intensity of physical-chemical processes at the interfaces between the polymer binder and filler particles during thermal molding of a composite. The kinetics of these processes controlled by varying time and temperature regimes of the composite formation and dispersivity of the filler is shown to be a determining factor in the structure formation of new phases at the polymer-filler interface and the probability of appearing colloidal particles in the polymer matrix affecting much scattering and absorption parameters of the energy of SHF radiation.
Summary: A mathematical model for heat and mass transfer and stress-deformed state of material is presented for description of the technological process of wood drying. The performed calculations have shown that maximum stresses appear near the sample surface. A detailed study of the development of stresses with time has made it possible to determine maximum mechanical load zones. In view of this information, the technological process of drying is calculated using GOST 19773-84 "Carving Materials of Soft and Hardwoods. Drying Regimes in Chambers of Batch Operation". The analysis of the results obtained has shown that in principle, the developed mathematical models and the numerical calculation methods can describe drying processes.
Tsyganov A. R., Sheliuto B. V., Sheliuto A. A.
Summary: The article shows the results of research on estimation of the agroeconomic efficiency of forage crops cultivation in crop rotation for green mass and raw in the conditions of Belarus. The efficiency of crop rotation for green mass and raw was estimated according to the structure of gross produce and economic usage. We have established an advantage of pasture and hay types of crop rotation on the basis of perennial grasses. Among the crops examined, the most productive and economically efficient are alfalfa for sowing as single crop and in combination with Festuca orientalis.


The defendant was found guilty of nine counts of wire fraud resulting from a large investment scheme in which she and her co-defendants defrauded more than 60 investors of almost $4.5 million. As part of the scheme, she sent false information to investors by electronic mail and facsimile. In calculating the sentence, the PSR recommended a two-level enhancement for obstruction of justice pursuant to §3C1.1, based on her testimony to the grand jury where she “willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice when she testified falsely before the grand jury.” The PSR listed a number of her false statements made to the grand jury, which had been proven false by trial evidence, regarding statements made to investors about the companies they were investing in, personal use of the investment funds, and contracts she had advised investors that the companies were entering into with major businesses. The PSR calculated a sentencing range of 168 to 210 months. The defendant objected to the obstruction enhancement and argued that the evidence was insufficient to find that she intended to obstruct justice, and that she suffered from diminished capacity. The government argued that she had committed perjury in her testimony to the grand jury and detailed several of the statements that were perjury and attempts by the defendant to defend the lies she told investors in emails, until the district court stated that it had “enough examples.” The district court adopted the PSR in its entirety, including the obstruction enhancement, but imposed a below-guideline sentence of 48 months. The defendant appealed, arguing that the obstruction enhancement was error. The court of appeals found that the statements made by the defendant were material, because, while they did not keep her from being indicted by the grand jury, they could have had an effect on the grand jury’s decision to indict, or as to how many counts for which to indict. As set forth in the guidelines, a statement need only “tend to influence or affect the issue under determination” to be material, §3C1.1, cmt. n.6. Whether the statement actually had any influence or effect was not of consequence. The court further gave no weight to the defendant’s argument that any discrepancies in her grand jury testimony and the e-mails she sent investors were caused by diminished capacity. Prior to trial the district court had reviewed a psychological report regarding the defendant’s competency and after taking argument, found that she was fit to stand trial. The court found that this “clearly resolved the mental status issue against the defendant at trial.” As a result, the sentence was affirmed.
The defendant was sentenced, upon revocation of supervised release, to a term of 40 months imprisonment and 20 months of supervised release. He appealed, arguing that the district court committed plain error in failing to ask if he wanted to make allocution prior to imposition of the sentence. Federal Rule of Criminal Procedure 32.1(b)(2)(E) provides that supervised releasees are to be given “an opportunity to make a statement and present any information in mitigation” at the revocation proceeding. The government argued that: (1) a district court did not have to affirmatively ask the defendant if he would like to allocute; (2) the statute requiring allocution only required that the releasee’s lawyer speak before sentencing; and (3) the district court’s obligations under Rule 32.1 were satisfied as it did not have to affirmatively advise him of his right to allocution. The Ninth Circuit rejected all of these arguments, finding that the rule required that a releasee be apprised of his right to allocution. “Allocution by a supervised releasee gives the court more information on which to base its sentence. It also encourages the supervised releasee to participate in post-revocation sentencing, enhancing his dignity.” The court held Rule 32.1(b)(2)(E) required a district court to address a supervised releasee personally and inquire as to whether he wants to speak before the court imposes a post-revocation sentence.
The defendant was an actor in a western-themed charity event, where he and other actors were to engage in a shoot-out, firing blanks. Unfortunately, the defendant’s gun had live ammunition and when he fired it, three spectators were injured and one vehicle was damaged. When he realized that he had fired live rounds, he hid the spent shell casings and remaining ammunition, and lied to investigators. He subsequently confessed and showed them where he had hidden the items. He was indicted for unlawful possession of a firearm as a previously convicted felon, and pled guilty to tampering with evidence. In the plea agreement, he agreed that he would pay restitution to the four victims “pursuant to 18 U.S.C. §§3663 and 3663A.” He was sentenced to 90 months, which was an upward variance from the sentencing range of 24 to 30 months. He was also ordered to pay $45,382.88 to the three victims he shot. On appeal, he argued that restitution under the Mandatory Victims Restitution Act was improper as the act did not apply to the offense of tampering. He also argued that restitution under the Victim and Witness Protection Act did not authorize restitution. As an alternative, he argued that the district court erred by failing to consider his ability to pay restitution. The Eighth Circuit agreed that restitution was not proper under the Mandatory Victims Restitution Act, as tampering with evidence was not an enumerated offense for which restitution applied. However, restitution under the Victim and Witness Protection Act was proper, even though the victims of the shooting were not victims of the tampering offense, as the parties had agreed in the plea agreement that restitution would be ordered. However, under that statute, a defendant’s financial resources must be considered prior to restitution being ordered. As the district court did not address the defendant’s ability to pay, the restitution order was vacated and the case remanded.
United States v. Davila-Gonzalez, 595 F.3d 42 (1st Cir. 2010); United States v. Mondragon- Santiago, 564 F.3d 357 (5th Cir. 2009); United States v. Vonner, 516 F.3d 382 (6th Cir. 2008) (en banc); United States v. Rice, 699 F.3d 1043 (8th Cir. 2012); United States v. Rangel, 697 F.3d 795 (9th Cir. 2012); United States v. Romero, 491 F.3d 1173 (10th Cir. 2007); United States v. Wilson, 605 F.3d 985 (D.C. Cir. 2010) with United States v. Lynn, 592 F.3d 572 (4th Cir. 2010) (Rule 51 “does not require a litigant to complain about a judicial choice after it has been made.”).
After entering into a Rule 11(c)(1)(C) plea agreement, the defendant pled guilty to one count of conspiracy to distribute more than 50 grams of crack cocaine and was sentenced to 151 months, the bottom end of his sentencing range as calculated in his PSR and agreed to by the parties. At sentencing, the district court found that the disparity between crack and powder cocaine should be one-to-one, resulting in a sentencing range of 41 to 51 months, but that the 120-month statutory minimum “trumped” that range, and then varied upward by 31 months to arrive at the 151-month sentence agreed to in the plea agreement. Later, the defendant filed for a reduction under 18 U.S.C. §3582(c)(2) because his original sentence was “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” The district court denied the motion on the ground that it had “applied a guidelines range of 120 months,” which range had not been lowered by the amendment. On appeal, the question was whether Amendment 750 had the effect of lowering the defendant’s applicable guideline range. The defendant relied on Freeman v. United States, — U.S. —-, 131 S. Ct. 2685 (2011), a 4-1-4 decision with a controlling concurrence by Justice Sotomayor. The Sixth Circuit explained that “[t]he upshot of Justice Sotomayor’s concurrence appears to be that, in the Rule 11(c)(1)(C) context, what the sentencing judge said and did is largely irrelevant; instead, what matters is the agreement itself. As long as that sentencing range is evident from the agreement itself, for purposes of §3582(c)(2) the term of imprisonment imposed by the court in accordance with that agreement is based on that range.” Here, the defendant’s “sentence was based on a Rule 11(c)(1)(C) plea agreement in which the parties agreed on a sentence between 120 and 188 months. That agreement ‘employ[ed] a particular Guidelines sentencing range’ – 151 to 188 months – ‘to establish the term of imprisonment’ by capping [his] sentence such that it could not exceed the upper end of that guideline range. The range was subsequently lowered by the Sentencing Commission. Therefore, [the defendant’s] sentence was based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” Further, a reduction in the sentence would be consistent with the Commission’s applicable policy statements. The case was reversed and remanded.
§3553(a) do not include the cost of incarceration, it appears that the Second Circuit ignored 18 U.S.C.
§3661, which provides that “[n]o limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence.” If there is no limitation on what can be considered, then cost of incarceration could certainly be considered in determining a sufficient sentence.


§ 639-1 Incorporation of standards by reference.
§ 639-2 Approval required for construction or alteration.
§ 639-4 Application for license.
§ 639-5 License and application fees.
§ 639-6 Denial of license.
§ 639-7 Suspension of license.
§ 639-9 Violations and penalties.
§ 639-10 Construal of provisions.
Department of Health — See Ch. 62.
Excavations — See Ch. 341.
Parks and recreation — See Ch. 507.
Water — See Ch. 710.
Chapter IX of the New Jersey State Sanitary Code, N.J.A.C. 8:26-1 et seq., entitled "Public Recreational Bathing," as currently promulgated and hereafter amended, be and the same is hereby incorporated herein by reference. The Director of the Department of Health (Health Authority), hereinafter referred to as the "Director," and his designees are hereby authorized to exercise the powers and duties prescribed by this article.
A recreational bathing place shall not be located and constructed or altered by any person until the Director has given formal approval therefor by issuance of a license. The procedure for obtaining approval to locate and construct or to alter recreational bathing places shall be as set forth under N.J.A.C. 8:26-1 et seq.
Editor's Note: In this section and throughout this article, the phrase "license or permit" was amended 10-27-2009 by Ord. No. 2009-68 to delete the reference to "or permit" so that all references are to "license" only.
A recreational bathing place shall not be operated by any person until the Director has given formal approval therefor by the issuance of an appropriate license certifying that the facility meets the applicable provisions of this article. This license shall be displayed in a conspicuous place on the premises where it may be readily observed by all patrons. No person shall operate a recreational bathing place whose license therefor is suspended.
Licenses to operate a recreational bathing place shall not be issued until a properly executed application containing information as requested on a form supplied by the Director has been submitted and approved by him.
Cash or certified check shall accompany the annual license fee application. The review fee shall accompany the request for review of all applications for recreational bathing place construction or renovation.
The Director of the Department of Health and the Chief Financial Officer shall review biannually the cost accounting records for services provided herein and to adjust the fees therefor.
Phase 1 shall be effective upon enactment. Phase 2 shall take effect one year after enactment and Phase 3 one year thereafter.
Persons denied a license shall be notified, in writing, accordingly by the Director. Such notice shall specify the reason for such action and the remedial action necessary to obtain approval for the issuance of a license.
The license of any person to operate a recreational bathing place may be suspended at any time when, in the opinion of the Director or his authorized agent, such action is necessary to abate a present or threatened menace to public health.
The person whose license has been suspended or his representative in charge of the recreational bathing place shall, at the time such license is suspended, be informed that the license to operate the recreational bathing place is suspended, the reason for such action and the remedial action to be taken before the suspension may be lifted. Thereafter and within 24 hours, written notice of suspension containing the same information given at the time a license is suspended shall be forwarded by registered mail to the last known address of the person whose license is suspended.
Persons whose licenses have been suspended shall be afforded a hearing before the Director within three days after such suspension or thereafter, at such person's option, to show cause why the suspension should be lifted. The Director shall, within seven days after such hearing, render a written decision confirming or rescinding the suspension and shall notify the person whose license has been suspended, in writing, of his action and the reasons therefor.
Persons whose licenses have been denied shall be afforded a hearing before the Director within seven days after such denial or thereafter, at such person's option, to show cause why a license should be granted. The Director shall, within seven days after such hearing, render a written decision confirming or rescinding the denial of a license and shall notify the person whose license has been denied, in writing, of his action and reasons therefor.
Any person, firm or corporation violating any provision of this article, or who shall refuse to comply with a lawful order or directive of the Director, shall, upon conviction, be liable for penalties as provided in Chapter 1, General Provisions, Article II, General Penalty.
Nothing in this article shall be construed to abrogate or impair the power of the municipality or any officer or department to enforce any provisions of its ordinances or regulations nor to prevent or punish violations thereof, and the powers conferred by this article shall be in addition and supplemental to the powers conferred upon the City by any other law or ordinance.


Gilbert T. Adams, Jr., Beaumont, TX, for Patricia S. Allen and Leif A. Wallace, plaintiffs.
Kenneth Brent Tomlinson, Hartline, Dacus, Dreyer Kern, Dallas, TX, Gilbert I. Low, J. Hoke Peacock, II, Orgain, Bell Tucker, Beaumont, TX, David Jacobson, Joanne Smet, Sonnensehein Nath Rosenthal, Chicago, IL, Lisa R. Green, Sonnensehein Nath Rosenthal, New York City, Calvin Rodrick Phelan, Baker Botts, Dallas, TX, for defendant.
Before the court are the intervenors/plaintiffs' Motion for Leave to file a Second Amended Original Complaint. The court, having considered the briefs, arguments of the parties, and applicable law, is of the opinion that the motion should be DENIED.
This case centers around Prudential's alleged violations of the Texas Insurance Code, Deceptive Trade Practices Act, Administrative Code and various other causes of action. This case was originally filed in state court. On May 8, 1998 Patty Allen and Lief Wallace intervened in the present suit. Later that month, the defendants removed the action to federal court based on diversity of citizenship. The plaintiffs then filed a motion to remand but before that motion could be considered the case was transferred to the District of New Jersey by the Multidistrict Litigation Panel.
The intervenors are Texas residents and Prudential is New Jersey corporation.
On June 25, 1999 the District of New Jersey severed the claims of the two intervenors, Patty Allen and Lief Wallace, and transferred their causes of action back to this court. Shortly thereafter, the intervenor-plaintiffs filed a Motion for Leave to file a Second Amended Original Complaint. In this complaint, the intervenors sought to add claims against Ed "Too Short" Jones, a Texas resident, who was the agent who sold them the insurance policies at issue in the present suit. The intervenors allege that Mr. Jones is a necessary and proper party to their suit. The defendants argue that Mr. Jones is only being added in an effort to destroy diversity jurisdiction and the intervenors have no reasonable excuse for not naming Mr. Jones in their previous petitions.
Mr. Jones is a Texas resident, therefore, his addition to the present suit would destroy this court's subject matter jurisdiction. See Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806). Title 28 U.S.C. § 1447 (e) provides: "If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court." (emphasis added). By enacting this section, Congress has given courts two options: Either deny joinder, or grant it and remand the case to state court. David D. Siegel, Comment on 1988 Revision to 28 U.S.C. § 1447 (e) (West Supp. 1993). Because Mr. Jones' addition to this suit would destroy this court's jurisdiction, this court has the discretion to allow his joinder. See Hensgens v. Deere Co., 833 F.2d 1179, 1182 (5th Cir. 1987). In making the determination whether to allow joinder or not, courts should take into account the original defendants' interest in their choice of forum. Id. Finally, the court will scrutinize an amendment to include a non-diverse defendant in a removed case more closely than an ordinary amendment. Id.
Hensgens was decided prior to the enactment of § 1447(e). However, the Fifth Circuit has suggested that the Hensgens approach is still applicable law. Cobb v. Delta Exports, Inc., 186 F.3d 675, 677-78 (5th Cir. 1999); Templeton v. Nedlloyd Lines, 901 F.2d 1273, 1275 (5th Cir. 1990) (construing the legislative history behind § 1447(e)). Moreover, the district courts in this circuit have continued to Follow the Hensgens approach. See, e.g., Johnson v. Sepulveda Properties, Inc., No. Civ.A. 99-2312, 1999 WL 728746 at *2 (E.D.La. Sept.16, 1999); Bethay v. Ford Motor Co., No. Civ.A. 99-0367, 1999 WL 496488 at *2 (E.D.La. July 13, 1999); Campagna v. Averitt Express, Inc., No. Civ.A. 99-1007, 1999 WL 386652 at *1 (E.D.La. June 10, 1999); Sharp v. Kmart Corp., 991 F. Supp. 519, 526 (M.D.La. 1998); Connoisseur Doors Inc. v. Haney Corp., Civ.A. No. 96-CA-146, 1996 WL 156557 at *1, 2 (W.D.Tex. April 1, 1996); Smith v. Arkansas Louisiana Gas Co., 157 ERD. 34, 36 n. 1 (E.D.Tex. 1994); O'Connor v. Automobile Ins. Co., 846 F. Supp. 39, 41 v. 2 (E.D.Tex. 1994).
Hensgens outlines four factors which guide this court's decision. Id. First, the court should consider whether the purpose of the amendment is to defeat federal jurisdiction. Second, whether the plaintiff has been diligent in requesting the amendment. Third, whether the plaintiff will be prejudiced if the amendment is denied. Fourth and finally, the court may take into account "any other factors bearing on the equities." Id.
After considering all these factors, it becomes apparent that this court should deny the intervenor's motion to add a new non-diverse party to the suit. This court has recognized that "[w]hen an amendment would destroy jurisdiction, most authorities agree that leave should be denied unless there exist strong equities in its favor." Whitworth v. TNT Bestway Transp. Inc., 914 F. Supp. 1434, 1435 (E.D.Tex. 1996) (citing Hensgens, 833 F.2d at 1182). In this case, the equities simply do not favor the intervenors. The purpose of the intervenors' proposed amended complaint clearly is to destroy diversity. The intervenors have known about Mr. Jones' role from the beginning of this suit, yet they did not seek to add him as a party until after this case was removed to federal court.
The intervenors claim that the reason they did not name Mr. Jones as a party earlier was because they could not locate him. However, it is not necessary to know a person's whereabouts in order to name him as a defendant in a suit. The intervenors' original Plea in Intervention alleged that they were "wrongfully and tortiously solicited by agents, employees, and/or representatives" of Prudential. (Plea in Intervention § IV). Therefore, it is clear that the intervenors knew about Mr. Jones' role. Furthermore, the intervenors have not claimed that they did not know who Mr. Jones was — only that they did not know his whereabouts.
This original Plea was filed on May 8, 1998 more than one year a go. The intervenors could have sought their Motion to Amend while this case was pending in the multidistrict proceeding in the District of New Jersey.
In addition, the intervenors will suffer no prejudice from the denial of leave to join Mr. Jones. Prudential should be more than able to satisfy any money judgment that the intervenors might obtain in this action. There can be no concern, therefore, that denial of joinder would deprive the intervenors of a recovery if their claim is ultimately found to be meritorious.
It is therefore, ORDERED, ADJUDGED, and STATED that the Intervenors' Motion for Leave to File a Second Amended Original Complaint is DENIED.


text:
Reports of methane detection in the Martian atmosphere have been intensely debated. The presence of methane could enhance habitability and may even be a signature of life. However, no detection has been confirmed with independent measurements. Here, we report a firm detection of 15.5 ± 2.5 ppb by volume of methane in the Martian atmosphere above Gale Crater on 16 June 2013, by the Planetary Fourier Spectrometer onboard Mars Express, one day after the in situ observation of a methane spike by the Curiosity rover. Methane was not detected in other orbital passages. The detection uses improved observational geometry, as well as more sophisticated data treatment and analysis, and constitutes a contemporaneous, independent detection of methane. We perform ensemble simulations of the Martian atmosphere, using stochastic gas release scenarios to identify a potential source region east of Gale Crater. Our independent geological analysis also points to a source in this region, where faults of Aeolis Mensae may extend into proposed shallow ice of the Medusae Fossae Formation and episodically release gas trapped below or within the ice. Our identification of a probable release location will provide focus for future investigations into the origin of methane on Mars.
The PFS data used in this study are publicly available via the ESA Planetary Science Archive. References of terrestrial gas seepage data are reported in the Supplementary Information. Data used to map water-equivalent hydrogen are available from J. T. Wilson (Johns Hopkins University Applied Physics Laboratory, Jack.Wilson@jhuapl.edu). All other geological data of Mars used in this study are in the public domain and include published papers, data provided in the US Geological Survey Mars Global GIS version 2.1 (which can be accessed on the Mars GIS FTP site: ftp://pdsimage2.wr.usgs.gov/pub/pigpen/mars/Global_GIS_Mars/; file name: MarsGIS_Equi0_v21.zip (note that v21 is used in the file name for v2.1)), and Context Camera and Visible data image mosaics provided by Google Earth (Mars).
The core GEM model used for this work is publicly available through http://collaboration.cmc.ec.gc.ca/science/rpn.comm/. The routines that were modified for the application to Mars are explained in ref. 39 and available upon request from F.D. (Frank.Daerden@aeronomie.be) and L.N. (Lori.Neary@aeronomie.be). The model output used in this paper is available upon request from F.D., L.N. and S.V. (Sebastien.Viscardy@aeronomie.be). The equations for the statistical analysis are included in the Methods. The computer code to reproduce the results is available from S.V.
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We thank Environment and Climate Change Canada for providing the GEM model for research purposes, and for support. We thank J. T. Wilson for providing the data used to map the water-equivalent hydrogen from improved-resolution Mars Odyssey Neutron Spectrometer data. We thank O. Witasse, D. Titov, P. Martin and the ESA Science Ground Segment and Flight Control teams for successful operation of the MEx mission over more than a decade. The PFS experiment was built at the Institute for Space Astrophysics and Planetology (formerly the Institute for Interplanetary Space Physics) of the National Institute for Astrophysics, and is currently funded by the Italian Space Agency (agreement number 2018-2-HH.0) in the context of the science activities for the Nadir and Occultation for Mars Discovery spectrometer and the Atmospheric Chemistry Suite onboard the Trace Gas Orbiter ExoMars 2016, and for PFS-MEx. D.O. is supported by the Planetary Science Institute. S.V. and L.N. are supported by the ESA PRODEX Office (contract number Prodex_NOMADMarsScience_C4000121493_2017-2019). S.V. is also supported by the ‘Excellence of Science’ project ‘Evolution and Tracers of Habitability on Mars and the Earth’ (FNRS 30442502). P.W. is supported by the ‘UPWARDS’ project, funded from the European Union’s Horizon 2020 research and innovation programme under grant agreement number 633127. S.A. has been supported by the FNRS ‘CRAMIC’ project under grant agreement number T.0171.16. This paper is dedicated to our colleague, V. Formisano, who recently passed away.
M.G. and S.A. developed the new approach to PFS data selection and treatment. M.G. performed the CH4 retrieval. A.A., P.W. and S.A. supervised the PFS science operations, planning, commanding and data archiving. A.C.-M. provided ancillary data and other geometrically relevant models for PFS and MEx through the SPICE software suite. A.C.-M., J.M.-Y.l.P. and D.M. contributed to planning the PFS observations and successful implementation and execution of the PFS spot-tracking observations. V.F. developed the concept and was the former principal investigator for PFS-MEx. S.V., F.D. and L.N. developed and performed the GCM simulations and analysis. G.E. and D.O. performed the geological analysis and evaluation of terrestrial seepage patterns. M.A. was responsible for the PFS-MEx project from the Italian Space Agency side. All authors contributed to interpretation of the results and preparation of the manuscript.

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UNION PAC. RY. CO. v. WYLER.
On the 25th of September, 1885, Otto Wyler, the defendant in error, sued the Union Pacific Railway Company, plaintiff in error, in the circuit court of Jackson county, state of Missouri, to recover damages for a personal injury. The petition alleged that in April, 1883, and for a long time prior thereto, he was employed by the defendant at Wyandotte, Kan., in repairing locomotives and engines; that at the date stated the corporation had in its employ other men besides himself, among whom was one Charles B. Kline, who at that time 'was wholly incompetent and unfit for the position which he occupied and the work he performed; that said incompetency was wholly unknown to plaintiff at said time, though well known to defendant, and defendant negligently and wrongfully kept and retained said Kline in its employ with full knowledge of his incompetency; that at said time and place plaintiff, at the request of defendant, and in the ordinary course of his employment, was engaged in repairing a fire box in one of defendant's locomotives; that on this particular occasion plaintiff was, at the request of defendant, assisted in said work by said Kline; that plaintiff and said Kline, while so engaged in repairing said fire box of said recomotive, were in the act of lifting and placing in position the fire dump belonging thereto (which was a part of their said business and employment), said dump being made of iron, and of great weight; that while engaged in such business, and without fault on the part of the plaintiff, and through the negligence and mismanagement of defendant in retaining and employing the said Kline, after knowing his incompetency, the said heavy iron dump was carelessly and negligently thrown down, and let fall against the plaintiff,' by reason of which he was injured and damaged to the extent of $25,000, for which judgment was asked.
In October, 1885, the defendant filed a general denial, and on the 16th of November, 1885, removed the cause to the circuit court of the United States for the Western district of Missouri. On the 18th of November, 1886, an amended answer was filed, averring that the plaintiff's injury resulted from his own negligence, and pleading in bar of the action a limitation of two years under the laws of the state of Kansas. On the 3d of November, 1887, the plaintiff replied to the amended answer, denying the charge of negligence, and demurred to the third clause thereof, which pleadd the Kansas statute of limitations. On the 5th of January, 1888, the demurrer to the defendant's answer was submitted to the court. On the 23d of May the defendant amended his answer by inserting in the third clause, which set out the statute of limitations of Kansas, the averment that both parties were residents of that state at the time of the accident, and had continued so up to that date. This amendment was consented to by counsel, on condition that the demurrer which had been filed to the first amended answer should be considered as pleaded against the last answer, and that it be submitted. The court sustained the demurrer to so much of the answer as set up the bar of the Kansas statute.
On the 3d of November, 1888, the defendant answered the amended petitionFirst, by confessing that the plaintiff was in its employ, and admitting the existence of the Kansas statute; secondly, by claiming that the injury suffered was brought about through the plaintiff's own fault; thirdly, by asserting that both parties were citizens of the state of Kansas at the time the accident occurred, and had been so ever since, and hence the right to recover was barred by the limitation of two years created by the Kansas law; and, fourthly, claiming that, as the cause of action alleged in the second amended petition was wholly different from that averred in the original and the first amended petition, the same was barred by a limitation of five years created by the laws of the state of Missouri.
On the 4th of March, 1889, leave was granted to withdraw the foregoing answer, and to file a demurrer. On the next day the parties appeared in open court, and a new amended answer was filed. This averred, in somewhat different phraseology, the defenses already stated, and added a new one, namely, want of jurisdiction. To the third ground of this answer plaintiff demurred, and to the second ground he filed a general denial. His demurrer was sustained on March 6th. On the issues thus made up the case was twice tried, and the jury failed to agree. In September, 1891, the case was tried for the third time, and resulted in a verdict in favor of the plaintiff for $10,000. After motions for new trial and in arrest of judgment had been overruled, the case was brought here by error.
John W. Beebe, John F. Dillon, Harry Hubbard, S. Shellabarger, J. M. Wilson, and A. A. Hoehling, Jr., for plaintiff in error.
Thos. P. Fenlon and W. Hallett Phillips, for defendant in error.
It was l aimed at bar that the demurrer filed, instead of being to the last answer, was to the first amended answer, and therefore that it was addressed to the third ground therein set out,that is to say, the plea of limitation under the Kansas statute; and that the general denial, instead of being addressed to the second ground in the last amended answer, applied to the second ground in the first amended answer, which averred negligence on the part of the plaintiff. The record does not support this contention, although it indicates that the pleader intended that the demurrer and the denial should have that effect, but mistakenly applied them to the last amended answer. The controversy on this point, however, is immaterial in the view of the conclusions which we have reached.
'Every railroad company organized or doing business in this state shall be liable for all damages done to any employ e of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining damage.' Laws Kan. 1874, c. 93, § 1.
The occurrence for which the plaintiff seeks to recover damages happened in the state of Kansas in April, 1883. The first petition was filed in the state court of Missouri on September 25, 1885; that is to say, two years and five months after the injury. Actions for damages for personal injury, not arising from contract, are barred by the general law of Kansas after a period of two years. Gen. St. Kan. 1868, art. 3, c. 80. The first amended petition was filed October 30, 1888, and the second amended petition November 2, 1888. At least five years and six months, therefore, intervened between the occurrence which caused the damage and the filing of the second amended petition. The statute law of Missouri bars actions on account of personal injury in five years. 2 Rev. St. Mo. 1889, §§ 6773-6775. The question of the operation of the statutes of limitation of Kansas and Missouri, upon the right of action here asserted, lies, therefore, at the very threshold of the case. It is an elementary rule that limitations are governed by the law of the forum, and not by the law of the place where the event happened which gave rise to the suit. This is not denied, but it is argued that the Kansas statute operates in this case as a bar to the action in the court of Missouri, because of circumstances which make the case an exception to this general rule. It is also contended that the five-year limitation of the law of Missouri bars the action, and this proposition is based upon the claim that the second amended petition propounded an entirely new and distinct cause of action.
Before considering the limitation which it is asserted results from the Kansas statute, we will determine whether the action is barred by the law of Missouri, because, if so, it will be unnecessary to decide whether the Kansas statute has an extraterritorial effect. The decision as to the application of the Missouri law involves, first, the ascertainment of whether the amended petition presented a new cause of action. The legal principles by which this question must be solved are those which belong to the law of departure, since the rules which govern this subject afford the true criterion by which to determine the question whether there is a new cause of action in case of an amendment. In many of the states which have adopted the code system great latitude has been allowed in regard to amendment; but even in those states it is held that the question of what constitutes a departure in an amended pleading is nevertheless to be determined by the rules of common law, which thus furnish the test for ascertaining whether a given amendment presents a new cause of action, even though it be permissible to advance such new cause, by way of an amendment.
'In debt on bond by sheriff against his bailiff to pay him 20d. for every defendant's name in every warrant in mesne process, defendant pleads he had paid it, plaintiff replies that he had not paid it for A., defendant rejoins St. 23 Hen. VI., and 3 Geo., it is a departure; for pleading he has paid, and rejoining he ought not to pay; and for pleading common-law plea, and rejoining a statute. Ballantine v. Irwin, Mich. Term, 4 Geo. II., C. B. Fort. 368.
'So, if a man avows, for that A., being seised in fee, granted to him a rent, and the defendant pleads nothing in the tenements at the time of the grant, and the plaintiff rejoins that A. was cestuy que use in fee, which use is now executed by the statute of uses, this is a departure.' Plowd. 105b.
The courts have, by their decisions, made application of these principles to changes in the facts averred or law relied on, thus illustrating the rule in many aspects. Where it was first alleged in an action for libel that the defendant had attacked the solvency of the plaintiff, and by amendment that he had assailed the plaintiff's integrity in his personal conduct without questioning his solvency, this was held to be a new cause of action. Mohr v. Lemle, 69 Ala. 180. See, also, Smith v. Smith, 45 Pa. St. 403, where the same rule was applied in a case of slander. Where a party alleged that he was forcibly ejected from a train, and then by amendment averred that he was misled by the agents of the corporation into getting out at a wrong station, it was held to be a new cause of action. Railroad Co. v. Smith, 81 Ala. 229, 1 South. 723.W here a party declared upon a contract, under which he claimed as assignee, and amended so as to rest on a contract which he alleged was made directly with himself, it was held a new cause of action. Bigham v. Talbot, 63 Tex. 271.
An action of assumpsit was changed by amendment into an action of debt. The conclusion was that the amendment was a new cause of action. Crofford v. Cothran, 2 Sneed, 492. At common law no action lies in favor of one person for the death of another. A statute allowed such an action to be brought in the name of a personal representative. By mistake an action of this kind was brought in the name of the wife of a person who had been killed. It was amended so as to make the personal representative the nominal plaintiff. Held, that it was a new cause of action. Flatley v. Railroad Co., 9 Heisk. 230. A party filed a bill in equity against a corporation without alleging its dissolution, etc., and that he was without remedy at law; after he amended so as to insert all the necessary allegations to give equity jurisdiction; that this also was a new cause of action. Dudley v. Price's Adm'r, 10 B. Mon. 84. A bill was filed for the reconveyance of land only, and an amendment referred to certain slaves. Held, the allegations concerning the latter were another cause. Christmas v. Mitchell, 3 Ired. Eq. 535.
In Georgia the doctrine has been applied to the very condition of the pleadings here before us. There the court said: 'Whenever a suit is commenced in this state, and the plaintiff relies for his right of action and his recovery upon a foreign statute, he must plead said statute. If he pleads it defectively, or shows in some way that he relies upon it, he will be entitled, under our Code, to amend by setting out the statute, or such parts of it as he relies on, as was done in the case of Railroad Co. v. Nix, 68 Ga. 572. If, however, he commences his action, and relies upon his common-law right, we do not think he can amend his common-law declaration by setting out the statute, and relying upon that for his right to sue and for his recovery. In this case the original declaration was founded upon the common-law right. Nothing was even intimated therein to the effect that he relied upon the statute. According to the decision in Exposition Cotton Mills v. Western & A. R. Co. (Ga.) 10 S. E. 113, and cases cited therein (made at this term), this amendment would have added a new and distinct cause of action. But it is argued by counsel for plaintiff in error that all of the facts required by the Alabama statute to be pleaded were already pleaded in the declaration, and that simply to mention the statute in the amendment, and recite the same facts therein, would not be a new cause of action. While it may be true that all the facts required by the Alabama statute had been set out in the declaration, still those facts alleged in the common-law declaration were mere surplusage, and had no legal vitality, and would have been so regarded by the court trying the case. It required the pleading of the statute to give them any vitality at all. As we have seen, that statute is not mentioned or intimated in the original declaration, and hence to have allowed the amendment offered would have been allowing the introduction of a new cause of action.' Bolton v. Railway Co., 83 Ga. 659, 10 S. E. 352.
Other applications of the general principle may be found in the cases of Bower v. Thomas, 69 Ga. 47; Nance v. Thompson, 1 Sneed, 321; Railroad Co. v. Foster, 10 Lea, 351; Thomas v. Insurance Co., 108 Ill. 91; Roberson v. McIlhenny, 59 Tex. 615; Martin v. Young, 85 N. C. 156; Guild v. Parker, 43 N. J. Law, 430; Hiatt v. Auld, 11 Kan. 176; Rolling Mill Co. v. Monka, 107 Ill. 340.
The question, then, is, does the second amended petition state a new cause of action, so as to amount to a departure? In examining this question we must bear in mind what is the common and general law governing the relation of master and servant which prevails also in Missouri By this law a servant cannot recover from a common master for injuries suffered from the negligence of a fellow servant. However, where the master knowingly employs an incompetent servant, or where he keeps a servant in his employ after he has acquired knowledge of his incompetency, he is liable for damages caused to a fellow servant, resulting from such incompetency. The statute of the state of Kansas which makes employers operating a railroad liable to one servant for the neglect of another, without regard to the rule of incompetency as above stated, is clearly in derogation of the general law, which, as we have said, prevails in Missouri where the action was originally brought. Corbett v. Railroad Co., 26 Mo. App. 621; Worheide v. Foundry Co., 32 Mo. App. 367; Moran v. Brown, 27 Mo. App. 487; Bowen v. Railway Co., 95 Mo. 268, 8 S. W. 230; Steffen v. Mayer, 96 Mo. 420, 9 S. W. 630.
It seems impossible to conceive of language which could more directly rest the cause of action on the general or common law of master and servant. And that this was the reliance is shown by the fact that when a demurrer to the petition was sustained the amended petition for the first time specifically added to the charge of incompetency of the fellow servant an unequivocal averment of his negligence. A suit based upon a cause of action alleged to result from the general law of master and servant was not a suit to enforce an exceptional right given by the law of Kansas. If the charge of incompetency in the first petition was not per se a charge of negligence on the part of the fellow servant, then the averment of negligence apart from incompetency was a departure from fact to fact, and, therefore, a new cause of action. Be this as it may, as the first petition proceeded under the general law of master and servant, and the second petition asserted a right to recover in derogation of that law in consequence of the Kansas statute, it was a departure from law to law. This conclusion is strengthened by the fact that in most of the states the laws of other states are treated as foreign laws, which must be pleaded and proven. Sedg. St. & Const. Law, 363; Hempstead v. Reed, 6 Conn. 480; Swank v. Hufnagle, 111 Ind. 453, 12 N. E. 303; Roots v. Merriwether, 8 Bush, 397. Although this rule is not invariably adhered to, it is part of the law as administered in the state of Missouri. Babcock v. Babcock, 46 Mo. 243.
The suit here was brought in a Missouri court, and was necessarily controlled by the law of that state.
It is argued, however, that, as all the facts necessary to recovery were averred in the original petition, the subsequent amendment set out no new cause of action in alleging the Kansas statute. If the argument were sound, it would only tend o support the proposition that there was no departure or new cause of action from fact to fact, and would not in the least meet the difficulty caused by the departure from law to law. Even though it be conceded that all the facts necessary to give a right to recover were contained in the original petition, as this predicated the assertion of that right on the general law of master and servant, and not upon the exceptional rule established by the Kansas statute, it was a departure from law to law. The most common, if not the invariable, test of departure in law, as settled by the authorities referred to, is a change from the assertion of a cause of action under the common or general law to a reliance upon a statute giving a particular or exceptional right. It is true that the federal courts take judicial notice of the laws of the several states. Priestman v. U. S., 4 Dall. 28; Owings v. Hull, 9 Pet. 607; Drawbridge Co. v. Shepherd, 20 How. 227; Cheever v. Wilson, 9 Wall. 108; Junction R. Co. v. Bank of Ashland, 12 Wall. 226. This rule, however, does not affect the present suit, which was commenced in the court of Missouri. Moreover, the departure which arises from relying, first, upon the general or common law, and, in the second instance, on an exceptional statute, is a question of pleading, and is not controlled by the law in regard to judicial notice of statutes, which is a matter of evidence. The very origin of the rule in regard to departure from law to law makes this obvious. The English courts, from which our doctrine upon this subject is derived, necessarily take judicial notice of acts of parliament, yet there a departure is made, and a new cause of action is asserted, when a party who has at first relied upon the common law afterwards rests his claim to recovery upon a statute.
The amended petition, which averred the statute of Kansas, having asserted a new cause of action, the next question is, was recovery under this petition barred by the Missouri statute of limitations? The general rule is that an amendment relates back to the time of the filing of the original petition, so that the running of the statute of limitations against the amendment is arrested thereby. But this rule, from its very reason, applies only to an amendment which does not create a new cause of action. The principle is that, as the running of the statute is interrupted, by the suit and summons, so far as the cause of action then propounded is concerned, it interrupts as to all matters subsequently alleged by way of amendment, which are part thereof. But where the cause of action relied upon in an amendment is different from that originally asserted, the reason of the rule ceases to exist, and hence the rule itself no longer applies.
'While a new cause of action may be introduced by amendment, the established limitation on the operation of its relation to the commencement of the suit is that, if the amendment introduces new matter, or a different cause of action, not within the lispendens, as to which the statute of limitations has operated a bar at the time of making the amendment, it is as available as if the amendment were a new and independent suit.' Railroad Co. v. Smith, 81 Ala. 229, 1 South. 723.
Other applications of the doctrine may be found in the following cases: Toby v. Allen, 3 Kan. 399; Hiatt v. Auld, 11 Kan. 176; Rolling Mill Co. v. Monka, 107 Ill. 340; Crofford v. Cothran, 2 Sneed, 492; Flatley v. Railroad Co., 9 Heisk. 230; Dudley v. Price's Adm'r, 10 B. Mon. 84; Buntin v. Railway Co., 41 Fed. 744; Railroad Co. v. Laird, 7 C. C. A. 489, 58 Fed. 760.
Nor do we think this question is in any way affected by the fact that the second amended petition was filed by consent. The consent covered the right to file it, but did not waive the defenses thereto when filed. If the interruption to the running of the statute created by the first summons applied only to the cause of action therein set out. it would have required an express renunciation of the benefit of the statute, which had fully operated upon the new cause of action set out in the amended petition when that petition was filed. In Sicard's Case, supra, although the amendment had been filed by leave of court, and was, therefore, a part of the pleadings, it was held that the bar of the statute applied to the new cause of action alleged in the amendment, and the rule there enforced is followed in the other cases cited.
N. & G. TAYLOR CO., Inc., v. ANDERSON et al.
UNITED STATES v. MEMPHIS COTTON OIL CO.
FRIEDERICHSEN v. RENARD et al.
MISSOURI, KANSAS, & TEXAS PAILWAY COMPANY, Plff. in Err., v. SALLIE C. WULF.
UNITED STATES, Appt., v. THEODORE DALCOUR et al., Heirs of John Forbes, Deceased, et al.
ATLANTIO & P. RY. CO. v. LAIRD.
ST. LOUIS, IRON MOUNTAIN, & SOUTHERN RAILWAY COMPANY, Plff, in Err., v. E. L. HESTERLY, Administrator of the Estate of W. B. Hesterly, Deceased.
SEABOARD AIR LINE RAILWAY, Plff. in Err., v. J. T. RENN.
BALTIMORE & OHIO S. W. R. CO. v. CARROLL.

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We are pleased to work with Cooperation Partners on a local and national level.
Below you will find further information about these organizations.
ABSOLVENTA is a special job market for students, graduates and young professionals. Students can find an internship or work-study job, graduates can enter their field through a trainee program, and young professionals apply for jobs that promise new challenges. Along with actively searching for job offers, candidates can also be easily found by employers by their ABSOLVENTA profile.
With far over 800 local committees in 107 countries AIESEC is the largest international student organization. In Germany, AIESEC is represented at more than 50 universities and technical colleges. Since its foundation 1948, AIESEC pursues a clear goal: the education of responsible young people, who today and in their future leading positions will make a positive contribution to the formation of the society.
The Alumniportal Germany is a free social network that is financed by the German Federal Government. It offers people who have studied, conducted research, worked or furthered their education in Germany the possibility to secure and expand their competences and contacts and to use it for their personal and professional development.
The Chinaforum Bavaria is a public-spirited society with seat in Munich, that was established 2003.
As a strong network in the German Chinese Community, we are a competent contact point regarding the subject of China. We regularly arrange public seminars and presentations to current China subjects. Our practice training „China Manager IHK“ and the entrepreneur breakfast „Chinaforum Breakfast Club“ are among the most established China events in Bavaria.
China Kompetenzzentrum in Düsseldorf is a partnership project of the Wirtschaftsförderung Düsseldorf, the IHK Düsseldorf and the Exhibition Düsseldorf.
We provide a comprehensive care for Chinese businesses and entrepreneurs that want to become active in Düsseldorf. Nevertheless we also advise businesses from Düsseldorf, that would like to expand to China.
Göttingen is a famous university city in the centre of Germany. The society of the Chinese students and scientist in Göttingen strives to promote the exchange in the cultural and educational sphere between Germany and China. Each year different events are organized by the society of the Chinese students and scientist in Göttingen, like the Chinese New Year festival, welcoming party, scientific seminars, tandem party.
Chinese Development Initiative Hannover e. V.
The Chinese Scientists and Students Association in Darmstadt (abbr.: VCWSD) is a student’s organisation, which is chosen by chinese scientists and students and repersents the interests of students. Our association are committed to promote the integration of chinese students in german society and culture and promote scientific cooperation between TU-Darmstadt and chinese organizations.
The Chinese Union Konstanz e. V. is the largest Chinese society in the region of Lake Constance. Members of the union are students from the University of Constance and the HTWG Constance, as well as other Chinese and Chinese student in Constance, Singing and from other surrounding cities and even from the Swiss zones.
The German Academic Exchange Service (DAAD) is the largest worldwide organization promoting the international exchange of students and scientists. Since its foundation in 1925, the DAAD supported over 1.5 million academicians in the inland and foreign countries. It is run as a society of the German universities and student bodies. Its activity goes far beyond the awarding of scholarships: the DAAD promotes the internationality of the German universities, strengthens the German language and literature and German language abroad, supports developing countries in the construction of efficient universities and advises the decision makers in culture politics, development politics and education politics.
Der chinesische Akademikerverein Hamburg e.V.
Der chinesische Akademikerverein Hamburg e.V. (CAVH) ist unterstützt von der Bildungsabteilung der chinesischen Botschaft und dem chinesischen Generalkonsulat, gründet von chinesischen Studenten an Universitäten und Hochschulen in Hamburg am 1.10.2014. Unser Ziel ist, eine Kommunikationsplattform für chinesische Studenten anzubieten, umfangreiche Programme zu organisieren und Eigenschaften der chinesischen Studenten zu zeigen.
Chinese-German Chemical Association (CGCA), registered as Gemeinschaft Chinesischer Chemiker und Chemieingenieure in Deutschland e.V. (GCCCD),VR 17428, Cologne, is a non-profit Chinese academic organization of chemistry, chemical engineering and related fields, which composes of members who have experience of studying and working in Germany. The essential goal of CGCA is to promote the academic exchange among its members, as well as to promote cooperation between Chinese and German academic and industrial institutions in chemistry and related fields.
The society of Chinese Students and Scholars in Braunschweig is a non-profit organization registered at the TU Braunschweig an is politically independent and not religious, the members work on a honorary basis.
The target group of the society is located in the region of Braunschweig (including Wolfsburg, Wolfenbüttel and Salzgitter) and includes living and working student and scientist, currently about 500 people. The society is one of the largest organizations of Chinese scientists and student.
The DAW (German-Asian Business Circle e. V.) was established in 1995 by Bodo Krüger, president and honorarium general consul of Nepal and has developed since then into one of the most influential economy clubs with regard to Asia. It is a network out of more than 1,900 businesses and institutions, which has the goal of mediating friendships between the countries of Asia and Germany and to build bridges between the cultures.
The DAW helps its member businesses to realize projects in Asia, to make necessary contacts and to prepare feasibility studies. In the reversed sense, these services are also offered to Asian firms in Germany.
Gesellschaft Chinesischer Chemiker und Chemieingnieure in der Bundesrepublik Deutschland e.V.
Die Gesellschaft Chinesischer Chemiker und Chemieingenieure in der Bundesrepublik Deutschland e.V. – kurz GCCCD® – ist ein 1988 gegründeter, bundesweit organisierter Verein der in Deutschland lebenden chinesischen Studenten und Wissenschaftler auf dem Fachgebiet Chemie, Chemieingenieurwesen und anderen verwandten Fachgebieten. GCCCD® ist als Ortsverband von der Chinese Chemical Society anerkannt.
Gesellschaft chinesischer Mathematiker und Anwender in Deutschland e.V.
Die Gesellschaft chinesischer Mathematiker und Anwender in Deutschland wurde am Mai 2007 in Karlsruhe gegründet. Sie verfolgt gemeinnützige Zwecke und sie ist am August 2007 in das Vereinsregister beim Amtsgericht Karlsruhe eingetragen. Zweck der Gesellschaft ist die Förderung von Wissenschaft und Forschung im Bereich der Mathematik und deren Anwendungen, insbesondere die chinesischen Mathematiker und Anwender in der Bundesrepublik Deutschland zu fördern.
Karriere-Lounge.DE is a job and career platform for (m/f) school-leavers, students, interns, graduates, management trainees, bachelor’s and master’s degree candidates, graduands, young professionals, professionals and top executives as well as experienced professionals. The job and career portal sees itself in the object, to act as an interface between career offers of powerful companies as well as job seeking candidates and to bring both sides the shortest way together.
The Confucius Institute at the Universität Freiburg is a registered, non-profit society founded in 2009 in cooperation with the Albert-Ludwigs-Universität Freiburg, the Confucius Institute headquarters in Beijing and the City of Freiburg with the objective of strengthening the educational, cultural, economic and scientific cooperation between China and Germany, to support and promote the development of Chinese language instruction, and to improve mutual understanding between the citizens of China and Germany. The Chinese partner of the Institute is Nanjing University.
We are one of more than 300 institutes worldwide and like the German Goethe institute, we see ourselves as national mediator of the Chinese culture and language.
We are a registered society with the Friedrich-Alexander-University (FAU) and the Foreign Language University Beijing (BFSU) as a supporter. Our foundation members are among others the three cities of Nuremberg, Fürth and Erlangen. We are also supported by our board of trustees, including important personalities from politics, economy and science.
The various linguistic and cultural courses are open to anybody who is interested. The Chinese courses for beginners and intermediate students of all ages and language levels make up the core of our services. Furthermore, it is possible to take all internationally recognized Chinese language exams.
As the capital of the most populous state in Germany, North Rhine-Westphalia, Düsseldorf is an attractive location for investors and investments. Located in the heart of Europe, Düsseldorf is an ideal location to connect to the German and European market. 155 million people inhabit a perimeter of 500 km, and you reach 31% of the population of the EU and 50% of the purchasing power of the EU as well.
Nanjing University Alumni Association in Germany (NJUAAG) e.V.
The Nanjing University Alumni Association in Germany (Nanjing Daxue) has already grown into the largest European alumni association in China and is also the most active and influential. It made former Chinese ambassador to Germany and alumnus Ma Canrong president emeritus, and counts other highly decorated individuals among its members, including former President of the Universität Tübingen Prof. Schaich, Chinese ambassador to Germany Liu Jinghui and many others, thereby setting the foundation for high-quality communication. The members are mainly German exchange students who studied at the Nanda. The alumni association is thus a pioneer in communication and cooperation between Germany and China, and performs great work in promoting the friendship between the two countries.
The Technical Companionship of the Chinese Germans Automotive Industry (TG-CDA), was established in 2009 in Wolfsburg and is a technical society for all Chinese talents of the next generation in the automotive industry in Germany. The members are essentially young people e.g. Chinese students and scientist from German institutes and universities as well as young engineers from the automotive industry. Since the foundation of the partnership, several specialist presentations as well as exchange activities were successfully organized.
With more than 270.000 users, Uniturm is Germany's largest knowledge network for students. Young academics are offered the possibility to exchange study notes, scripts and abstracts completely free of charge, making it possible to collectively prepare for exams. These users are rewarded points for their activity, which can then be exchanged for prizes. Useful tips and advice on how to organise and finance their academic studies as well as on University life in general can be found in the large magazine section.
The University of Wuppertal Chinese Student Union was established to assist Chinese exchange students in Wuppertal. It ensures that these students feel at home abroad and supports fellow students looking for help. We are a considerate team that uses its collective strength to resolve students' problems and to enhance their lives, expand their perspective and promote communication.
The Association of Chinese Scholars and Students in Aachen - the VCWSA - is a group of Chinese scholars and students. Our objectives are supporting and advising new and current students in Aachen by providing them with up-to-date information about their studies and job openings, both for the Technische Hochschule as well as the Fachhochschule. We also organize various events such as excursions, spring festivals, informational presentations, etc.
Der Verein chinesischer Studierender& Wissenschaftler/-Innen der Universität Würzburg zielt darauf ab, die Kulturbrücke zwischen China und Deutschland für Chinesen in Würzburg herzustellen. Wir streben im Allgemeinen die Förderung für den gegenseitigen Austausch zwischen Deutschland und China an. Wir versuchen der Zusammenarbeit in den Bereichen Kultur, Bildung und im Betrieb etc. voranzutreiben. Durch Zusammenarbeit bieten wir vielseitige Aktivitäten an, um für die allgemeine Verständigung zwischen Chinesen zu sorgen.
The VCSW Mainz e. V. was established in the 80s. It consists of Chinese scientists and students as well as Chinese, that live and work in Germany. Since 2008 it has become officially a registered society and acknowledged by the university group of the University of Mainz. There is a lively collaboration between the society and the other university groups.
The Association of Chinese Students an Scholars in Berlin, which was established specially for Chinese students at the FU, aims to help all Chinese students to adapt better to life in Germany and to orientate themselves. The general activities exist therein: information about the courses of study, social networks and career chances; organize many events, in order to ease the exertions of the study and to develop mutually; to reinforce integration into other national cultures and the exchange of knowledge, in order to expand their way of looking at things.
The Society of Chinese Students and Scholars in Freiburg, known as the "Freiburg Society", is a non-profit organization of Chinese exchange students from the Freiburg area, and its history dates back 30 years. It receives support from the Office of Education of the Chinese embassy in Frankfurt and the International Office of the Freiburger Universität; it is open-minded, democratic and progressive, and helps Chinese citizens in Freiburg acquaint themselves with their undecided studies and work. Together, society and student look for an opportunity to advance their studies and themselves, and the society strives to enrich the free time of Chinese citizens living in Freiburg, simultaneously promoting communication between Chinese citizens themselves and the German community. The society supports the cooperation and exchange between Freiburg and China, and thus serves the local community and establishes a home for Chinese citizens.
Chinese Students and Scholars Association (CSSA) was established in 1975 and registered in 1976 as a nonprofit and public welfare association in Munich Supreme Court, Germany. Our mission is to take an effective guide role through supporting the Chinese students and scholars' development in academic, cultural, and social aspects with a broad and general approach. In strengthening Chinese-German ties, simultaneously, we focus on promoting the professional development of Chinese students and scholars in Munich through providing a supportive media platform that enhance a mutual and multi-dimensional understanding between both regions. To be recognized as an active, trustworthy and respected link to enterprises, government and other institutions in both China and Germany is the goal that pursuing by each of our team member. From the day of founding, we emphasize our role as a catalyst to enhance Chinese students and scholars' engagement and encourage the local support from existing German organizations. CSSA regularly conducted ample activities including welcoming orientation, job fairs, workshops, parties as well as competitive sports that aim to enrich individual's life in Munich.
Association of Chinese Scholars and Students in Düsseldorf e.V.
The Association of Chinese Scholars and Students in Düsseldorf e.V. was established in the '90s and has been incorporated into the register of associations by the District Court of Düsseldorf since 2009. The association is recognized as a non-profit association and relies on endorsements and funding. The goal of the association is to promote cultural integration, science and student assistance, which is facilitated by the variety of cultural and athletic events, exhibits, seminars and presentations.
We strive to unite as many Chinese students as possible here in Cologne, so that they can meet and also help each other. Our goal is to inform students about the life here in Cologne, so that it becomes easier for them to manage their everyday life in Cologne. Through our events, we want to promote not only the cultural exchange between China and Germany, but rather want to offer the Chinese students an informal atmosphere on the one hand and promote on the other hand their entrance into the German society.
Society of Chinese Students and Scholars in Leipzig e.V.
The Society of Chinese Students and Scholars Leipzig e. V. (VCSWL) is a volunteer association, that was established by Chinese students and academics in Leipzig. It is registered at the district court in Leipzig and registered at the Chinese embassy of the Federal Republic of Germany.
The Society of Chinese Students and Scholars in Mannheim e. V. consists of an affiliation of Chinese scientists and student from Mannheim. The goals of the society is a multifaceted support and promotion of the Chinese scientists and students in Mannheim. With support from the Chinese embassy in Germany, the society always strives to maintain a good relation between domestic Germans and Chinese, to expand the friendship and to overcome cultural barriers.
Society of Chinese Students and Scholars in Jena e.V.
The Society of Chinese Students and Scholars in Jena is a non-profit organisation and therefore has a tax exemption according to the law, since it pursues exclusively and directly a public-spirited purposes. The purposes of the society is the support of the cultural exchange between the Chinese that live in Jena, the Germans and people from other cultures, that are interested in the Chinese culture and want to support a peaceful living together of all different cultures in Jena.
Society of Chinese Students and Scholars in Kiel e.V.
For your first steps in Germany, we offer the following services and information: health insurance, finding a flat, registration, visa extension and study consultation.
Society of Chinese Scholars and Students in Hanover e.V.
The Society of Chinese Students and Scholars in Hanover e. V. was established in 1988 and consists of an affiliation of Chinese scientists and students from Hanover. Basically the society directs itself to the more than 1000 Chinese academics – registerd students, guest scientist and language student – at the Hanoverian universities and educational institutes.
The Society of Chinese Students and Scholars in Marburg was established 20 years ago. As a group for Chinese people, the society takes care of the Chinese students and scientist and promotes the cultural exchange between Germany and China. Through many different events, the society receives an exceptional recognition from the university city of Marburg.
Karrieren im Mittelstand beginnen auf Yourfirm.de Die Online-Jobbörse für Deutschlands Mittelstand vermittelt gezielt Fach- und Führungskräfte an erfolgreiche mittelständische Arbeitgeber, die sog. Hidden Champions - keine Großkonzerne, keine Zeitarbeitsfirmen. Deshalb suchen wir auf Yourfirm.de monatlich mehr als 300.000 Fach-& Führungskräfte mit Karrierefokus Mittelstand - ein wertvoller und völlig anderer Kandidatenpool als auf üblichen Jobportalen.
The leading recruitment fair with EU-China Focus.
SinoJobs Career Days is the leading recruiting fair with a European-Chinese Focus. Many attractive employers from Europe and the Greater China region use this event as an opportunity to recruit talented students and young professionals. In previous years more than 180 employers from Europe and China have introduced themselves to the visitors at this event. They offer diverse range of positions across different industries that are mostly targeted at Chinese talents who were educated in Europe. In the past years, participating companies included 4flow, 88TC88, Air China Limited, AMBROSIUS，ANDREAS STIHL Power Tools, Andritz, Apple Retail Germany B.V. & Co. KG, Aspöck Systems, AT&S, Audi, BASF, BBS Automation, Big Dutchman, Bilstein Gruppe, BDAE, BENTELER, BMW GROUP, Boehringer Ingelheim, Bohong Group, BOSCH, Bozhon(Suzhou) Precision Industry Technology Co., Ltd, BSH – Bosch und Siemens Hausgeräte, Böhler Welding Group, B&R, CADCON Ingenieurgesellschaft mbH & Co. KG, Citic Dicastal Co., Ltd, CLARIANT, CYBEX GmbH, Daimay, DAIMLER, DECATHLON SA, Dehua, DEUTZ, DR. SCHNEIDER, Drees & Sommer, Drubba GmbH, Dürr Ecoclean, ECO SCHULTE, EDAG, EF – Education First, EFAFLEX Tor- und Sicherheitssysteme GmbH & Co. KG, Eisenwerk Brühl, ElringKlinger AG, FEV, Forextime Ltd, Frankfurt School of Finance & Management, Fuchs Petrolub SE, Ganter Interior, GEELY AUTO, GETRAG, GF Automotive, Giorgio Armani Retail S.r.l. German Branch, GIZ, GROB-WERKE, Handtmann, Hays/Hays China, Heller, Henkel AG, HELVETING, HILTI Entwicklungsgesellschaft mbH, hofer powertrain GmbH, Hutong School, IAV GmbH, ICRC, imat-uve, INDEX Werke, Ingenics, in-tech, J. Schmalz GmbH, Joyson Electronics, Kärcher, Kaiyuan, Keimei, Klüber Lubrication, Krones AG, KSB AG, KUKA, LEONI, Lindner, LMT Group, Magna Steyr, Marquardt, METRO Jinjiang Cash & Carry Co., Ltd., Miba Group, MONTBLANC, MPR, Mubea, Mühlbauer, ODU, Porsche, Precitec, Preh, RAKO-Group, RAYLASE, REMONDIS, RÜCKER, Rödl & Partner, ROI Management, SANY, SCHAEFFLER (LUK, INA, FAG), Schattdecor AG, SCHENCK RoTec, Schlote Holding, SCHOTT, Shanghai JP, SIEMENS, SIEMAG TECBERG, Sirona Dental, Starkstrom-Gerätebau, STIWA Group, Tenowo GmbH, tesa SE, The Linde Group, TRUMPF, TRW, TUMI Inc., TÜV Rheinland, UNITY AG, Viega GmbH & Co. KG, VOLKSWAGEN AG, VOLKSWAGEN GROUP CHINA, voestalpine, Webasto Gruppe, Willi Elbe Steering Systems (Nanjing) Co., Ltd., Winkelmann Group, WMF AG, Zenith, ZF, ZKW Group, Zollner and many more.
Seize this opportunity to get your dream job!
Seize this opportunity to introduce yourself to participating companies, build personal contacts, and learn about your future employer and position. Use our online SinoJobs Job Portal and event Jobwalls to identify current opportunities and connect with Employers. We welcome you to the SinoJobs Career Days event, and look forward to meeting you there.

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