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1934 | Joseph H. Barber W’34, Jupiter, Fla., a retired CPA in Pennsylvania; Jan. 11, at 103. At Penn, he was a member of the men’s track team. During World War II, he served in the US Army.
Dr. Joseph M. George Jr. C’34, Las Vegas, a retired physician; Nov. 30, at 101. During World War II, he was a flight surgeon with the US Army Air Corps, receiving the European Theatre Campaign Medal.
1935 | Bernice B. Gordon FA’35, Philadelphia, a constructor of crosswords and other word puzzles for The New York Times, from 1952 until 2014, who recently provided crosswords for this magazine (2012-14); Jan. 29, at 101. She had also constructed crosswords for The Philadelphia Inquirer (1980s and early 1990s), The Los Angeles Times, The Wall Street Journal, and many puzzle books. She is credited with introducing the rebus into crosswords (using non-letter symbols such as “&”) in 1965. Valerie E. Lanard C’95 is a granddaughter.
1936 | Harold D. Nickelsberg W’36, San Juan Capistrano, Calif., Dec. 25. At Penn, he was a member of Phi Beta Delta fraternity and the men’s squash and lightweight rowing teams.
1937 | Milton W. Rosen EE’37, Bethesda, Md., a retired chief engineer and technical director of NASA’s Project Vanguard, which developed the US’s first Earth-orbiting satellite; Dec. 30.
Mildred Lazowick Weinstock Ed’37 GEd’38, Philadelphia, a retired social-studies teacher, from 1948 to 1978; Jan. 18.
1938 | Jane E. Flahive Ed’38, Southbury, Conn., a retired kindergarten teacher; Jan. 27.
1939 | Robert A. O’Dell CH’39, Philadelphia, Feb. 9. At Penn, he was a member of Pi Mu Epsilon fraternity and the men’s fencing team.
Helen W. Stumpf OT’39, New Holland, Pa., a retired occupational therapist; Feb. 2.
1940 | Dr. Alice Robinson Erb M’40, Lanesboro, Mass., a retired physician; Aug. 18, at 100.
Dr. Robert K. Moxon C’40 M’43 GM’48, West Columbia, S.C., a retired physician; Jan. 28. He had earlier served as a doctor with the US Navy for 20 years.
1941 | Dr. Mary J. Mostertz CW’41, Tampa, Fla., former director of the Nevil Children’s Center for Sensory Deficits at St. Christopher’s Hospital for Children; Dec. 25. She had designed developmental and early educational tools for children with special needs. At Penn, she was a member of Delta Delta Delta sorority. Her daughter is M. Joanne Moore GEd’85.
Norman Seidel L’41, Palmer, Pa., a retired attorney; Dec. 29. During World War II, he served in the US Army Air Corps.
Eugene J. Weisberg W’41, Rancho Mirage, Calif., a retired executive at the old Frankel Carbon & Ribbon; Jan. 22. At Penn, he was a member of the men’s basketball team. During World War II, he served in the US Army.
1942 | Ruth E. Brown CW’42, Philadelphia, a retired librarian and archivist; Feb. 14.
1943 | Virginia Pechin Keen DH’43, Greenfield, Mass., Feb. 8, 2014.
1944 | Julius C. Acchione W’44, Little Rock, Ark., a retired attorney; Jan. 7. During World War II, he served in the US Army Air Corps.
Dr. Samuel L. Caruso C’44, Bentonville, Ark., former chair of pediatrics at the Philadelphia College of Osteopathic Medicine; Jan. 2. His daughter is Natalie J. Caruso Nu’92 GNu’97.
Phyllis B. Fisher Ed’44, Bedford, Mass., Jan. 20.
Marion Barg Fox CW’44 GCP’69 Gr’78, Philadelphia, Nov. 17.
Betty Thomas McMillan FA’44, Wenham, Mass., Jan. 5. At Penn, she was a member of Delta Delta Delta sorority. During World War II, she worked on military intelligence with the Women’s Army Corps.
Edwin D. Marks W’44, Delray Beach, Fla., former head of a heating-oil supplier; Jan. 25. During World War II, he served with the US Army in Europe.
Dr. Ashton T. Stewart M’44, Quarryville, Pa., former chief of rehabilitation medicine at the VA hospital in Martinsburg, W.Va.; Nov. 30. During World War II, he was a captain in the US Army.
Arthur C. Zucker W’44, Mt. Kisco, N.Y., July 2.
1945 | Dr. Jerome A. Cantor C’45, Livingston, N.J., a retired physician who had maintained a practice for over 50 years; Feb. 17. He had served as president of the medical staff at Overlook Medical Center. At Penn, he was a member of Sigma Alpha Mu fraternity. During World War II, he was a member of the Naval Reserves, and he served as a physician in the US Air Force during the Korean War. His daughter is Dr. Susan J. Cantor CW’72.
Dr. Bernard A. Kirshbaum C’45 G’46 GM’57, Bala Cynwyd, Pa., a retired dermatologist; Sept. 14.
Harold L. Rollman WEv’45, St. Petersburg, Fla., a retired accountant; Jan. 15.
1946 | Elaine H. Blakemore CW’46, Nags Head, N.C., Jan. 7. She was the Alabama Thoroughbred Breeder of the Year in 1991. One daughter is Dr. Karin J. Blakemore CW’75.
Millicent Norris Etris CW’46, Lower Gwynedd, Pa., May 15, 2014. Her husband is Joseph Etris Jr. W’45, her son is Robert J. Etris CE’70.
Nadine R. Landis HUP’46 Ed’50 GNu’65, St. Marys, Pa., former assistant director of nursing at HUP; Jan. 31.
Dr. Elaine F. Needell CW’46, Weston, Fla., a retired psychiatrist; Jan. 22. At Penn, she was a member of the women’s basketball, swimming, softball, and lacrosse teams.
1947 | James E. Carr L’47, Savannah, a retired attorney; Dec. 23. During the World War II, he served with the US Navy in Europe.
Dr. William M. Groton M’47, Sherborn, Mass., a retired physician with the state Department of Public Health; Jan. 28.
Howard Jackson Jr. WEv’47, Hyannis, Mass., retired comptroller for a local department store; Feb. 21.
Liane Finberg Katz CW’47, Palm Beach Gardens, Fla., Nov. 29, 2013.
Dr. G. Clayton Kyle M’47 GM’51, Philadelphia, a retired endocrinologist who had founded the Penn Rodebaugh Diabetes Center; Dec. 24. A clinical associate professor of medicine, he served on the medical board of HUP throughout his career, and briefly as its chair, 1977-79. The G. Clayton Kyle Associate Professorship in diabetes at HUP is named in his honor. After completing his medical residency, he had served with the CIA in Europe. Two sons are Dr. Thomas R. Kyle III M’79 and Mr. George C. Kyle Jr. WG’82.
Dr. Carl Stern WG’47 Gr’54, Cambridge, N.Y., a retired professor of economics at Randolph College in Lynchburg, Va.; Jan. 17.
Arthur W. Tawes W’47, Crisfield, Md., retired comptroller for a cutlery firm; Dec. 29. At Penn, he was a member of Alpha Chi Rho fraternity and the men’s swimming team.
1948 | Dorcas C. Cox HUP’48, Graham, N.C., a retired nurse at Washington County Hospital; Jan. 8.
Dr. Frank Gotay Lanuza V’48, Ponce, P.R., a retired veterinarian; Jan. 22.
Albert Lister W’48, West Hartford, Conn., Oct. 16, 2013. His brother is Dr. Julius Lister C’48.
Frances Payes Neiman L’48, Philadelphia, Sept. 12. One daughter is Dr. Erika J. Friedmann CW’73 Gr’78.
Barbara S. Renninger Ed’48, Lower Frederick, Pa., Jan. 12. Her husband is Franklin H. Renninger Ed’49 GEd’50.
1949 | Betty Yeakel Baron HUP’49, Manchester, N.J., a retired school nurse; Dec. 5.
Joan Benson Bitzer FA’49, Doylestown, Pa., July 21, 2013.
John F. Carroll Jr. C’49, Leesburg, Va., Jan. 23, 2014.
Jay G. Coberly W’49, Richmond, Va., former EVP of administration for Appalachian Regional Hospitals; Dec. 21. During World War II, he served with the US Army Air Corps in Europe, and was a POW for two years; he received a Purple Heart, the Distinguished Flying Cross, and a Bronze Star.
William B. Crooker Jr. W’49, Big Spring, Tex., retired owner of Mr. G’s Garden Center and Christmas Store; Feb. 9. At Penn, he was a member of Sigma Alpha Epsilon fraternity. During World War II, he served with the US Army Air Corps in Europe, and was a POW in the last months.
Robert H. Krentel W’49, Downingtown, Pa., Jan. 25. He had worked in export sales for General Motors, and later founded his own company. At Penn, he was a member of Sigma Nu fraternity. During World War II, he served in the US Army Air Corps.
Reginald L. Pawlowski C’49 L’52, Nicktown, Pa., a retired attorney; Oct. 8. One brother is Edwin T. Pawlowski Ar’54.
Ralph O. Stocker Ed’49 GEd’54, Nazareth, Pa., a retired high-school teacher who had also taught at Lafayette College; Jan. 28. During World War II, he served in the US Navy.
Peter R. Taraschi Ed’49 GEd’54, Wayne, Pa., a retired music teacher; Feb. 13.
Fred A. Taylor W’49, Vero Beach, Fla., May 30, 2014. He had worked for Kidder-Peabody. During World War II, he served in the Marines.
1950 | Richard T. Blair W’50, Old Lyme, Conn., a retired sales representative for furniture manufacturers; Nov. 19. At Penn, he was a member of Sigma Chi fraternity.
Gladys Krieger Bloch Ed’50 GEd’59, Cherry Hill, N.J., former head of art at the Philadelphia High School for Girls; Dec. 5.
Dr. Robert J. Brumbaugh Gr’50, Mechanicsburg, Pa., retired owner of W. B. Coleman Testing Laboratories; Sept. 11.
David W. Guthrie C’50, Wolfeboro, N.H., Jan. 3. At Penn, he was a member of Phi Kappa Sigma fraternity and the baseball team.
Robert G. Huntington Jr. W’50, Chatham, N.J., former president of Chatham Savings and Loan; Feb. 12. At Penn, he was a member of Phi Delta Theta fraternity. During World War II, he served in the US Navy. His wife is Shirley B. Huntington Ed’48 and his daughter is Ann H. Barnett WG’80.
Dr. Shee Lup Jung G’50 Gr’52, Wilmington, Del., a retired researcher for DuPont; Dec. 26. After retiring, he and his wife founded an Asian antiques and art dealership and gallery.
Dr. George R. Kennedy Jr. GM’50, Tulsa, Okla., a retired physician who had maintained a practice for many years; Nov. 6.
Jabez J. MacLaughlin C’50, Kansas City, Mo., Nov. 5. He had worked in two family advertising-specialties companies. At Penn, he was a member of Delta Kappa Epsilon fraternity. His son is James G. M. MacLaughlin W’78.
Dr. David H. Newton D’50, Newton, Pa., a retired dentist; Nov. 6, 2013.
Dr. Cliff Ratliff Jr. GM’50, Ellicott City, Md., retired director of nuclear medicine at St. Agnes Hospital, from 1956 to 1990; Jan. 28.
Margaret Jennings Saunders CW’50, Radnor, Pa., Dec. 29. She had worked for Readers Digest and the old Curtis Publishing. At Penn, she was a member of Kappa Kappa Gamma sorority.
Dr. Robert M. Schwartzman C’50 V’52, McLean, Va., emeritus professor and former chief of dermatology at Penn’s School of Veterinary Medicine; Dec. 28. He was appointed an assistant professor of dermatology in 1959, promoted to associate professor in 1964, and became professor and chief of dermatology 1968; emeritus status was conferred in 1996. He was an assistant professor of dermatology in the old Graduate School of Medicine (1963-70), and he had a secondary appointment as professor of dermatology in Penn’s School of Medicine (1983-85). Dr. Schwartzman was a founder and the second president of the American Academy of Veterinary Dermatology and a founder of the American College of Veterinary Dermatology. Specializing in the immunological aspects of dermatology, he co-wrote Veterinary and Comparative Dermatology (1963) and Atlas of Small Animal Dermatoses (1968). His children are Peter N. Schwartzman C’84, Rabbi Amy M. Schwartzman C’85, and Thomas N. Schwartzman C’87.
William E. Shoemaker, ChE’50, Redway, Calif., Nov. 14, 2010. During World War II, he served with the US Army in Europe and received a Purple Heart and two Bronze Stars. One niece is Karen Mace Sartain C’90.
Dr. Edwin C. Van Valey D’50, Red Hook, N.Y., a retired dentist; March 14, 2014. He was a past president of the American Association of Endodontists.
1951 | William B. Allman WG’51, West Grove, Pa., a retired systems engineer for DuPont; Feb. 11.
Charles H. Banks W’51, Colts Neck, N.J., a retired supervisory accountant for the US Army; Feb. 19. At Penn, he was a member of Theta Chi fraternity. During the Korean War, he served in the Marines.
Bennett Blum Ar’51, Bryn Mawr, Pa., Jan. 19. At Penn, he was a member of Sigma Alpha Mu fraternity. One son is Edward D. Blum W’74 and a grandson is Robert M. Blum C’04.
Earl L. Fox G’51, Baltimore, a former mathematician in the Applied Physics Laboratory at Johns Hopkins University; March 11, 2014.
Paul E. Killion W’51, Long Island City, N.Y., Jan. 25. During World War II, he served in the US Army.
Bernard Lemonick W’51, Jenkintown, Pa., a retired vice president of Jackson-Cross, the real-estate firm, who as an undergraduate was a Penn football star and later the team’s defensive-line coach (1955-59) who helped Penn win its first Ivy League title in 1959; Feb. 13. As a student, he was a member of Zeta Beta Tau fraternity, and the Class president in 1951. He was regarded one of the best linemen in the country at the time; he was named to several All-American teams. In 1996, Bernie both was inducted into the Penn Athletics Hall of Fame and received Penn’s Alumni Award of Merit. For many years, he was leader of the Mungermen, the group of former players and coaches under another Penn football icon, George Munger Ed’33, who was head football coach from 1938 to 1953.
Phyllis Jackson Marta Ed’51, Timonium, Md., a retired teacher; Jan. 31.
John J. O’Grady WEv’51, Phoenixville, Pa., retired EVP of Farmers and Mechanics National Bank; Oct. 20, 2013. During World War II, he served as a pilot in the US Army Air Corps and received the Air Medal, a Presidential Unit citation, and the European-African-Middle Eastern Theater Ribbon with three battle stars. His grandson is Ryan W. O’Grady W’04.
Carl C. Osgood G’51, Richmond, Va., retired senior engineer for the Princeton Plasma Physics Laboratory, where he worked on nuclear fusion; Jan. 7. He had earlier been manager of spacecraft design for RCA, developing satellites and radar systems for the Apollo Moon Lander project.
Barbara Homer Pearson G’51, Morris, N.J., a former industrial psychologist; March 3, 2013.
Dr. Edgar J. Schmidt D’51, Bend, Ore., a retired dentist; Jan. 11. At Penn, he was a member of Psi Omega fraternity. During World War II, he served in the US Navy and in the US Air Force during the Korean War.
1952 | George A. Brown WEv’52, Woodstock, Md., Oct. 14.
David E. Field ChE’52, Oaklyn, N.J., retired project design manager for United Engineers & Constructors; Jan. 26. At Penn, he was a member of Theta Chi fraternity and the baseball team.
Patricia V. Fischer CW’52 HUP’53, Skillman, N.J., a former nursing instructor at Mercer Hospital; Jan. 29.
Aaron J. Levinson C’52, New Port Richey, Fla., July 23, 2013. At Penn, he was a member of the wrestling team.
Paul Maleson L’52, Frederick, Md., a retired patent attorney; Jan. 12.
Dr. Bernard F. Rafferty GEd’52, Warrington, Pa., a retired associate superintendent of the Philadelphia School District; Feb. 12.
Flora Ronkin HUP’52, Voorhees, N.J., Dec. 4.
Carl L. Rugart Jr. WEv’52, Severna Park, Md., a retired manager for the old Pennsylvania Railroad; March 17, 2013.
Dr. Buel S. Smith M’52, Akron, Ohio, retired head of orthopaedic surgery at Akron General Medical Center; Jan. 15.
Norma Vogt HUP’52, Ft. Belvoir, Va., a former nurse at Mt. Vernon Hospital; Jan. 31.
Daniel R. Windheim W’52, Dresher, Pa., a retired CPA; Feb. 13. Randi Mackler Windheim C’77 is a daughter‑in‑law.
1953 | Dr. James B. Aycock GM’53, Sparta, N.C., a retired radiologist; Jan. 23. His daughter is Barbara S. Aycock WG’78.
A. Daniel Bacon III C’53, Clinton, N.J., a retired regional sales manager for Rand McNally and Nystrom; Feb. 17. At Penn, he was a member of Lambda Chi Alpha fraternity.
Dr. George J. Beichl Gr’53, Philadelphia, former chair of chemistry at St. Joseph’s University; Feb. 6. During World War II, he served with the US Army in Europe and was taken as a prisoner of war; after his liberation, he worked on the Manhattan Project. His daughter is Isabel M. Beichl CW’74.
Berthold A. Brosmith Ar’53, Pound Ridge, N.Y., a retired architect; Jan. 23. At Penn, he was a member of the wrestling team.
Horace T. Dutill WEv’53, Boynton Beach, Fla., Dec. 11.
Dr. Howard D. Eckhart D’53, Lancaster, Pa., a retired oral surgeon; Dec. 24.
Tracy F. Fletcher Sr. C’53, Lancaster, Pa., retired industrial hygienist with OSHA; Jan. 20. He also had earlier been a health inspector for Philadelphia. At Penn, he was a member of Omega Psi Phi fraternity. During World War II, he served in the US Army. His daughter is Deirdre L. Fletcher W’88.
Dr. Glen E. Foster Jr. D’53, Lancaster, Pa., a retired dentist; May 8, 2014.
Dr. Alan M. Morse C’53 V’56, Mashpee, Mass., a retired veterinarian; Feb. 19.
Dr. C. Burns Roehrig GM’53, Hilton Head Island, S.C., a retired endocrinologist; Jan. 17. He had been chief of medical staff at New England Deaconess Hospital.
James S. Ryan FA’53, Hyde Park, Mass., May 2, 2014.
Jerome I. Stillman MtE’53, Seal Beach, Calif., July 4. He had worked in the aerospace industry.
Dr. Paul A. Vatter Gr’53, Boston, the Lawrence E. Fouraker Professor Emeritus of Business Administration at Harvard University; Jan. 4. He also had been an assistant dean of the Harvard Business School.
Samuel M. Watson WG’53, Sierra Madre, Calif., a retired accountant with Panasonic; Jan. 28.
1954 | Christopher V. Bello W’54, Washington, N.J., July 9.
Willene B. Clark CW’54, Savannah, a professor of art and music history at Marlboro College; Jan. 24. She wrote The Stained Glass Art of William Jay Bolton (1992).
Richard DeVan C’54, East Norriton, Pa., a retired salesperson for Macy’s; Oct. 29. At Penn, he was a member of Pi Kappa Alpha fraternity.
Dr. Albert A. Galullo D’54, Norristown, Pa., a retired dentist who had maintained a practice there for 40 years; Feb. 16, 2014.
Dr. David S. Ingraham V’54, Peterborough, N.H., a retired veterinarian; Jan. 13, 2014.
Leonard A. King Jr. C’54, Newtown Square, Pa., chair emeritus of the Devon Horse Show; Feb. 2. He was a founding member of the American Grandprix Association.
Dr. Gordon D. Myers GM’54, Mechanicsburg, Pa., a retired surgeon who had served as a primary physician for the old Pennsylvania Railroad; Jan. 27. He was the first ER director at Harrisburg Hospital.
Mr. Stanley M. Plaskow W’54, Atlantic City, N.J., a retired manufacturer’s representative and entrepreneur; Feb. 9. At Penn, he was a member of Beta Sigma Rho fraternity. One daughter is Marci Plaskow Schmerler C’81 and his sisters are Adele P. Cohen Ed’52 (whose husband is Morris Cohen SW’56) and Dr. Elaine Plaskow Maimon CW’66 G’67 Gr’70 (whose husband is Dr. Morton A. Maimon W’54 GrEd’72).
Ann Warner Pletcher Ed’54, Lafayette Hill, Pa., a retired elementary school teacher; Jan. 9, 2014.
Dr. Donald V. Rhoads M’54, a retired physician who had maintained a family practice in Chestnut Hill for many years; Jan. 27. He was an assistant clinical professor of medicine at Penn, where he taught senior medical students in the outpatient clinic. He was a member of the staff of Northwestern Institute of Psychiatry and worked as a medical adviser to the American Friends Service Committee. He had served on the boards of the Wistar Institute, Friends Hospital, and Germantown Friends School. One daughter is Dr. Caroline S. Rhoads M’89.
Dr. Ray G. Sarver M’54, Latrobe, Pa., a retired pediatrician who had maintained a practice there for 47 years; Jan. 16.
Edward Wallace W’54, Lafayette Hill, Pa., retired regional representative for the American Stair Co.; Aug. 14. At Penn, he was a member of Kappa Sigma fraternity and captain of the men’s golf team.
1955 | Dr. Warren E. Dodson D’55, West Liberty, Ohio, a retired dentist; July 3.
Mark L. Gushner W’55, Palm Beach Gardens, Fla., retired co-owner of Boyd’s clothing store in Philadelphia; Jan. 29.
Leon J. Kazmierczak WG’55, Pittsburgh, Feb. 15. He had worked for Harbison-Walker Refractories.
William W. McDowell Jr. GAr’55, Philadelphia, a retired architect; Jan. 19.
1956 | Dr. Eugene J. Barrack D’56, Washington, N.J., a retired dentist; Oct. 7.
George F. Brasfield Jr. WG’56, Frederick, Md., a retired investment banker and broker at Alex. Brown & Sons; July 11, 2013.
Jane F. Dillon SW’56, Lexington, Ky., a retired social worker; Feb. 16.
Adrienne S. Ellis CW’56, Lafayette Hill, Pa., Jan. 4. At Penn, she was a member of Delta Phi Epsilon sorority and the women’s swimming and synchronized swimming teams.
Jerold A. Glick W’56, Lafayette Hill, Pa., Dec. 9. At Penn, he was a member of Kappa Nu fraternity.
John A. Schaible III W’56, Moneta, Va., retired president of his family’s oil company in Springfield, N.J.; Jan. 5.
T. Heyward Simmons WG’56, Kingwood, Tex., retired chief accountant and controller of PPG Industries; Jan. 8.
Dr. John S. Strauss GM’56, Iowa City, professor emeritus of dermatology at the University of Iowa; July 28.
1957 | Dr. Brooke D. Fulford D’57 G’57, Allentown, Pa., a retired dentist for the local school district; Feb. 9.
Thomas W. Hoff C’57 G’59, Milford, Pa., former vice president of advertising and promotion for Roche Laboratories; Jan. 23. At Penn, he was a member of the men’s cross-country team.
Eric W. Johnson W’57, Hendersonville, N.C., a retired manufacturer’s representative who specialized in commercial exteriors and building products for architects; Oct. 6. At Penn, he played lacrosse, was president of Friars, treasurer of the Undergraduate Council, treasurer of Houston Hall, a member of Delta Kappa Epsilon fraternity, and he was awarded the Spade. He was treasurer of the Class of 1957 Gift Committee. He and his wife had recently endowed the four Men’s Senior Honor Awards.
Ellen Speiser Katz GEd’57, Philadelphia, retired principal of the private Philadelphia School; Jan. 25. She had earlier been dean of students at Philadelphia High School for Girls.
Dr. David M. O’Hara Gr’57, Alfred, N.Y., professor emeritus of English and film at Alfred University; Dec. 27.
Lewis E. Weinstein WG’57, Essex, Conn., Jan. 1. He had worked for IBM.
Hon. Michael J. Wherry C’57 L’60, Greenville, Pa., a former senior judge who had been the first public defender for Mercer County; Jan. 29. At Penn, he was a member of the men’s rowing team.
1958 | Dr. Harrison M. Dickson M’58, Lancaster, Pa., a retired surgeon; Feb. 1.
1959 | Germano DiLeonardo GCE’59, Newtown Square, Pa., July 4.
Hon. Murray C. Goldman L’59, Philadelphia, a retired judge of the Philadelphia Court of Common Pleas who had served there for 24 years; Nov. 12. His son is Eric C. Goldman C’04.
Dr. William C. Marlatt V’59, Pittsboro, N.C., a retired veterinarian who had maintained a practice in Garner for 46 years; Jan. 8.
Joseph J. McGonigal C’59, Media, Pa., Dec. 3.
Dr. Nicholas G. Pituras D’59, Tenafly, N.J., a retired dentist who had maintained a practice in Manhattan for 50 years; Jan. 8.
Dr. Peter P. Ramko D’59, Salt Springs, Fla., a retired dentist; Oct. 12.
Adrienne H. Vosika Ed’59, Cape May Point, N.J, , a former court hearing officer in Philadelphia; Jan. 23.
1960 | Dr. David W. Aiken Sr. GM’60, New Orleans, a retired flight surgeon in the US Air Force; Dec. 20.
Dr. Kenneth A. Baer C’60, Miami, a retired obstetrician-gynecologist who had maintained a practice for 40 years; Jan. 5.
William B. Eddison Jr. GCP’60, Cockeysville, Md., a retired Philadelphia city planner; Dec. 13.
Faith Jerome HUP’60, Cherry Hill, N.J., Dec. 22.
Howard M. Kaplan C’60, Teaneck, N.J., a retired attorney who had maintained a practice there for over 40 years and who had served as a state deputy attorney general; Sept. 10. He had served on the board of Temple Emeth. His daughters are Deborah Kaplan Falkow C’91 (whose husband is Howard M. Falkow WEv’89) and Sarah Kaplan G’00 Gr’08.
John William Milne EE’60, Sykesville, Md., Feb. 5. He had worked for the NSA.
Edward J. Molloy WG’60, Portland, Maine, July 6, 2014. He had worked in life insurance and real estate, then for LL Bean.
1961 | Mary Lavelle Baeurle Nu’61, Wilmington, Del., a retired nurse for the Chichester (Pa.) School District; Aug. 13.
Martin R. Birnby WG’61, Albany, N.Y., a retired metallurgist at Knolls Atomic Power Laboratory; April 18, 2014.
Dr. Nicholas H. Fisfis V’61, McMurray, Pa., a retired veterinarian who had maintained a practice for 50 years; Jan. 2.
Willard H. J. Goeckler Ar’61, Glenside, Pa., retired director of environmental-remediation projects at GE; Jan. 21.
Jordan L. Gruzen GAr’61, New York, a prominent architect who designed many buildings in Manhattan and northern New Jersey; Jan. 27. His firm has won five national AIA design awards.
Dr. A. Stafford Metz Gr’61, Chevy Chase, Md., Jan. 28. He had worked for the federal Department of Education.
Peter B. Pakradooni W’61, Wynnewood, Pa., vice president at Smith-Edwards-Dunlap Co.; Feb. 4. At Penn, he was a member of Zeta Psi fraternity. He served as president of Penn’s Interfraternity Alumni Council from 1981 to 1996.
Dr. Paul A. Urffer M’61, Doylestown, Pa., a retired radiologist at Abington Memorial Hospital; Dec. 22. Three of his sons are David S. Urffer C’84, Jonathan Morrow Urffer EAS’86, and Dr. Peter H. Urffer C’87.
William A. Winneberger GEd’61, Ocean City, N.J., a retired swimming and gymnastics coach at Springfield (Pa.) High School; Feb. 10.
1962 | Horace D. Eskridge WEv’62, Henrico, Va., Jan. 24. He had worked for the Farm Bureau of Virginia.
Walter H. Maurer Gr’62 , Honolulu, professor emeritus of Sanskrit at the University of Hawaii; Aug. 21, 2007. He wrote a critical edition of the Sugamanvaya Vrtti (1965), Pinnacles of India’s Past: Selections From the Rigveda (1986), and The Sanskrit Language: An Introductory Grammar and Reader (1995). Until recent years, he spent summers and sabbatical leaves in the Sanskrit collections of the Penn Library; his last and unfinished project was translating selections from the Atharvaveda. In addition to Sanskrit and Pali, he had taught Arabic.
Edwin S. Moore III L’62, Philadelphia, an attorney; Dec. 23.
David H. Thompson G’62, Bethany, Conn., Feb. 16. A retired archaeologist who had taught at Quinnipiac College.
John P. A. Todd GAr’62, Ambler, Pa., a retired architect who had maintained a private practice for many years; Dec. 22.
1963 | Ronald G. Allshouse EE’63 WG’65, Portland, Maine, Jan. 4. He had recently worked for the US Postal Service. At Penn, he was a member of the football team.
Col. Keith A. Barlow G’63, Camden, S.C., Oct. 12. He had retired from the US Army.
1964 | Deborah M. Forrester M’64, Malibu, Calif., an associate professor of radiology at the University of Southern California, where she was director of its radiology residency program from 1979 to 2003; January.
Dr. George F. McFarland Gr’64, Canton, N.Y., retired professor of English at St. Lawrence University; Jan. 5.
David P. Milby GFA’64, Jenkintown, Pa., professor of integrative arts at Penn State University; Jan. 6.
Dr. George D. Murphy Gr’64, Philadelphia, a retired professor of English at Villanova University, who had taught there from 1954 to 2000; Dec. 22.
1965 | Dr. Harold S. Bressler D’65, Monroe, N.J. a retired dentist; Nov. 16, 2013. During the Vietnam War, he served as a captain in the US Army dental corps.
Florence H. Cohen GEd’65, Cherry Hill, N.J., a longtime civil-rights and community activist who was chief of staff, from 1980 to 1996, for her late husband, David Cohen Ed’34 L’37, when he served on the Philadelphia City Council; Jan. 10. In the 1970s, she taught at the Community College of Philadelphia and also served as project director of the Pennsylvania Program for Women and Girl Offenders. At 88, she vied to be the candidate in the special election to finish David’s term, after he died in 2005. In her later years, she created a chapter of Grannies for Peace in her retirement community. Three of her children are Hon. Mark B. Cohen C’70, Hon. Denis P. Cohen C’73, and Sherrie J. Cohen CW’75.
Dr. Ralph G. Fennell M’65, Parker, Colo., a retired flight surgeon at the pilot bases for several airports; Sept. 3. He had been a flight surgeon in the US Army for eight years. His wife is Star Fennell Nu’65.
Dr. Warren Greenberg G’65, Kensington, Md., Jan. 14.
Erik J. Hendricks C’65, Haverford, Pa., retiredexecutive director of the Pennsylvania SPCA; Jan. 30. At Penn, he was a member of Phi Gamma Delta fraternity.
Elaine King W’65, Silver Spring, Md., a retired senior program officer for the Natural Academy of Sciences; Dec. 18.
Hugh McLennan WG’65, Exton, Pa., retired head of a commercial-property maintenance firm; Dec. 14. He also founded West Chester Cycle Center. He had served in the US Air Force.
Eleanor E. O’Donnell WG’65, Baltimore, a retired civil engineer; Nov. 7, 2013. She was part of the design team for SEPTA’s nine-mile extension to the Philadelphia airport.
William C. Whitlatch GCP’65, Worthington, Ohio, a retired civil-planning consultant; March 2, 2014. He coordinated the planning for Cleveland State University.
1966 | Joan M. Busko CW’66, Durham, N.C., retired director of career services at North Carolina State University; Dec. 24.
Richard H. Eckfeldt WG’66, Brooklyn, N.Y., Jan. 8. He was a career executive with Avon Products.
Nola Maddox Falcone WG’66, Hobe Sound, Fla., retired president and CEO of Evergreen Asset Management; Jan. 5. She was the first woman to receive an MBA from Wharton.
Dr. Betty Lacy Jones GrS’66, Salem, Va., Feb. 15. She had retired from Penn’s School of Social Policy & Practice.
1967 | Jon A. Baughman L’67, Ft. Washington, Pa., a retired trial attorney and former chair of the law firm of Pepper Hamilton LLP in Philadelphia; Jan. 12. He had served in the US Army. One son is Michael Edward Baughman L’96, whose wife is Kelly Larsen Baughman C’98 GEd’99.
Kevin M. Carr C’67 WG’78, Gates Mills, Ohio, May 8, 2013. At Penn he was a member of Psi Upsilon fraternity. His daughter is Barrett M. Carr C’00.
Anton V. Esposita SW’67, Baltimore, Jan. 13.
Martin Goldfine W’67, Colts Neck, N.J., a CPA and financial adviser; Dec. 8. At Penn, he was a member of Pi Kappa Alpha fraternity.
1968 | Capt. Jeremy J. Nittle MtE’68, Mt. Pleasant, S.C., Feb. 7. He had retired from the US Navy after 20 years service. At Penn, he was a member of Kappa Sigma fraternity and the men’s rowing team.
Susanne V. Nolde GEd’68, Wyndmoor, Pa., a retired teacher Chestnut Hill Academy; April 17, 2013.
1969 | Barton J. Griswold W’69, Allentown, Pa., retired controller of a wave-technology firm; Jan. 19. At Penn, he was a member of Theta Xi fraternity and the men’s swimming team.
Dr. Norma Bernstein Kahn G’69 GrEd’73, Gwynedd, Pa., retired assistant dean for advising at the College of Arts and Sciences; Nov. 4. Previously, she was supervisor of the University Reading/Study Improvement Service, specializations director for reading/writing/literature programs, and an adjunct associate professor at the Graduate School of Education. Her children are Emily Kahn-Freedman CGS’72 GEd’88 (whose husband is Dr. Noah D. Freedman CGS’84), Dr. Marcia K. Kaminker PT’76 (whose husband is Dr. Martin A. Kaminker C’75 D’79), and James T. Kahn L’86.
Bernard M. Mullaly WEv’69, Feasterville-Trevose, Pa., Sept. 1, 2013.
Isabel P. Yarnall WEv’69, Ellicott City, Md., Dec. 23. She had worked for the old Pennsylvania Railroad.
1970 | Rona L. Glasser CW’70, Sarasota, Fla., July 2. Her sister is Joyce E. Glasser CW’72.
Dr. Arthur J. Kennel GM’70, Rochester, Minn., retired assistant professor of cardiology and chair of community medicine at the Mayo Medical School; Dec. 12.
Michael N. Kreiger WG’70, Trumbull, Conn., retired founder of a bare copper-wire processing firm; Oct. 2. He recently joined the law firm of Shepro and Hawkins. His sister is Dr. Nancy J. Kreiger CW’72 and his brother is Arthur P. Kreiger C’77.
Audrey G. Lintner Nu’70, Haddon Heights, N.J., a retired nurse; Sept. 12.
1971 | Dr. Anthony DiPrimio G’71, Washington, N.J., retired dean of the School of Business Administration at Holy Family University in Philadelphia; April 25, 2014.
1972 | Margery K. Miller L’72, Philadelphia, a retired attorney; Dec. 6. She was the first woman partner at what is now Reed Smith LLP.
1973 | Dr. William C. Rabe D’73, New London, N.C., a retired oral surgeon; Feb. 6.
1974 | Dr. Andrew H. Bass Jr. GME’74 Gr’89 Houston, chair of HSI Networks, a broadband provider; Aug. 25. He had taught at Texas Southern University and had worked at GE and NASA. His wife is Freda Wilkerson Bass WG’73 and his daughter is Drew W. Bass C’06.
1975 | Charles P. Arena GAr’75, Tolchester, Md., Jan. 29. He founded and managed several consulting, construction, and real-estate services companies. He had taught Penn architecture students and at Wharton.
Babette C. Douglas PT’75, Wrentham, Mass., a physical therapist; Feb. 14.
Michael W. Fisher WG’75, Phoenix, Ariz., a CPA and financial planner; June 20, 2014.
Robert J. Griess WEv’75, Philadelphia, Nov. 22, 2013.
1976 | Dr. Bernard L. Butkiewicz C’76, Loyalsock, Pa., a retired radiologist; Dec. 25.
Dr. Albert E. Smith Jr. V’76, Charlottesville, Va., a retired veterinarian; Feb. 20.
1977 | John A. van Beuren GAr’77, Middletown, R.I., Dec. 23. He had retired after a career in private equity and investment management. He and his wife established the van Beuren Charitable Foundation, which has funded many projects and institutions in the state. He had served in counter-intelligence with the US Army. One daughter is Barbara van Beuren GAr’87.
1978 | Dr. David F. Mitchell V’78, Little Cooley, Pa., Jan. 12. He had worked in the poultry-vaccine division of American Cyanimid.
1979 | Frances Cauffman C’79, Wayne, Pa., former systems analyst for Provident Mutual Life Insurance; March 28, 2013. Her father is D. Hughes Cauffman Ar’40.
George M. Dorrance III WG’79, Villanova, Pa., a wealth manager with the RBS Dain Rauscher Corp.; Jan. 27.
1981 | Carol J. Midei GNu’81, Macungie, Pa., a nurse at the Ephrata Community Hospital; Jan. 16.
1983 | Walter L Hemphill G’83 G’85 G’07, Woodstown, N.J., Aug. 30, 2013.
Peter J. Natali WG’83, Boynton Beach, Fla., Jan. 25.
Vincent G. Quigley WEv’83, Annapolis, Md., Aug. 11.
Eric M. Vandercar EAS’83 W’83, New York, a senior managing director at Mesirow Financial; Feb. 4. He previously had worked at Morgan Stanley for 27 years. At Penn, he was a member of Alpha Chi Rho fraternity.
1985 | Muscoe B. Martin Jr. GAr’85, Philadelphia, an architect specializing in sustainable design who founded M2 Architecture; Dec. 28. A fellow of the US Green Building Council, he helped establish the principles of LEED (Leadership in Energy & Environmental Design) certification. He taught courses in ecological architecture and environmental systems at Penn Design for many years. His wife is Dr. Jennifer A. Pinto-Martin, director of Penn’s Center for Public Health Initiatives; one daughter is Emily G. Martin M’18.
Adrienne Sedgewick W’85, Washington, June 6, 2014.
1986 | Marc C. Krantz L’86, Cleveland, managing partner of the Kohrman Jackson & Krantz law firm; Dec. 28. His wife is Michele S. Krantz L’86.
Dr. Neil H. Merkatz C’86, Stuart, Fla., medical director of Sandy Pines Hospital; Jan. 3. A brother is Andrew P. Merkatz C’90.
1987 | Charles W. Schnerr W’87, West Chester, Pa., May 20, 2014. He had worked for the Vanguard Group. His wife is Marcela Rodriguez Schnerr C’88.
1988 | Dr. Roger P. Kenney GD’88, Franklin Park, Pa., a dentist; Feb. 21.
1993 | Rebecca Blouch GNu’93, Lebanon, Pa., Oct. 28. She had taught nursing at the Harrisburg Area Community College-Lebanon.
1997 | Sara A. Goldschneider C’97, Glenside, Pa., Jan. 14. Her husband is Bart J. Miltenberger CGS’97 and her parents are Gary Goldschneider C’59 G’65 and Antoinette Filanowska CW’70.
1998 | Timothy Dunning L’98, Omaha, Neb., Jan. 12.
2001 | Michael A. Mira GEx’01, Whitehouse Station, N.J., executive director of finance for AT&T; Jan. 15.
2002 | Dr. Kartik K. Patel C’02 W’02, Huntingdon Valley, Pa., a physician; Jan. 11.
2003 | Jason Teeple Gr’03, Morristown, N.J., Nov. 13. He had been a doctoral student at the University of Brighton, UK.
2004 | Karen T. Murphy CGS’04, Lansdowne, Pa., a retired administrator for Penn’s Center for Clinical Epidemiology and Biostatistics; Jan. 8.
2006 | Melissa R. Caplan G’06, San Francisco, Jan. 1.
2007 | Carl Seligman CGS’07, Havertown, Pa., June 25, 2013.
2009 | Michael C. Evans SPP’09, Worcester, Mass., Dec. 27.
2014 | Zachary K. Seigel C’14, Jamison, Pa., Jan. 10. At Penn, he was a member of the men’s lightweight rowing team.
Charles P. Arena. See Class of 1975.
Gerry Hurst Jr., Quito, Ecuador, emeritus professor of operations and information management at Wharton; Jan. 15. He came to Penn in 1969, and helped found the decision-sciences department, now the Department of Operations and Information Management; he became its first chair in 1975. He was director of the Executive MBA Program and Wharton’s first assistant dean for international affairs. Emeritus status was conferred on him in 1996. Later, he was president of a firm providing IT services for mortgage and banking that he had co-founded.
Dr. Norma Bernstein Kahn. See Class of 1969.
Dr. G. Clayton Kyle. See Class of 1947.
Muscoe B. Martin Jr. See Class of 1985.
Karen T. Murphy. See Class of 2004.
Dr. Donald V. Rhoads. See Class of 1954.
Dr. Richard D. Schafer, emeritus professor of mathematics at MIT who was a member of the Penn mathematics faculty, 1948-53; Dec. 28.
Dr. Robert M. Schwartzman. See Class of 1950.
Dr. David White, Narberth, Pa., emeritus professor and former chair of chemistry in the School of Arts & Sciences (from 1966 to 1979) and later director of Penn’s Laboratory for Research on the Structure of Matter; Jan. 30. He joined Penn in 1966 as professor and chair of chemistry. He had witnessed the first detonation of a hydrogen bomb in 1952. His children are Sharon M. White CW’71, Jacqueline White Kaplan MT’74 (whose husband is Dr. David G. Kaplan D’77), and Edward I. White C’78.

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In the first installment, I set out the traditional Greco-Roman letter format and looked at the “Judases” and “Jameses” in the New Testament. In the second installment, I weighed the arguments on authorship and decided the best evidence points in the direction of the Judas/Jude who is the brother of Jacob/James and Jesus. I then looked at what this means for the date of the letter and the location, or place, in which the letter was written. In the third installment, I examined the salutation, verses 1-2, in which I studied the letter itself, the reasons the letter was sent, and the goals of the letter. In the fourth installment I studied the “Reason for Writing” in verses 3-4, a part of the letter typically called the “Thanksgiving,” but in Jude lacking that element. In the fifth entry, verses 5-7, I studied the first three charges Jude makes against the “intruders.” In the sixth entry, verses 8-10, I looked at how Jude applies the charges made against the intruders. For the seventh entry, I considered the further charges against these intruders and “dreamers” taken from the Old Testament, and an actual charge made regarding their behavior in the community. We encountered some prophetic charges against the intruders in the eighth entry, but in the ninth installment we find Jude focused on exhorting and building up the recipients of the letter.
To see the breakdown of a typical Greco-Roman letter, the category into which Jude fits, please consult the first entry in the commentary. We have now come to the end of the Body of the Letter, which is “hortatory” or an exhortation of the recipients. The letter of Jude is concentrated for the most part on the denunciation of the “intruders” and “dreamers” who have troubled this particular church (or churches), but now Jude switches his attention to the recipients who have remained faithful adherents. Interestingly, however, is that is in this exhortation Jude's attention also switches from denunciation of the “intruders” to a desire to reconcile them and those they have influenced with the community.
The exhortation is such a welcome change in the letter of Jude, as the tension seems to dissipate, even if the problems have not yet been solved. Jude tells the Church in v. 20 to “build yourselves up on your most holy faith” (epoikodomountes), which as J.N.D. Kelly points out utilizes a common image found elsewhere in the NT of the “body of Christian believers as a building or temple” (Kelly, 285; see 1 Cor. 3:9-17; Eph. 2:20-22; 1 Peter 2:5). “Your most holy faith” must certainly be a reference back to the “faith” of verse 3 for which they have been told to contend. This was discussed in entry 4 where I described how Jude is encouraging the Christians with this letter to maintain the traditional faith passed on to them, though his initial intent had been to discuss their “common salvation.” The situation was significant enough to entail a change of topic and Jude uses the language of “contending” for the faith in verse 3, which evokes athletic contests and the need to win this battle. At the end of this letter, Jude can now focus on the more sedate image of “building up,” since he seems secure that they will indeed maintain their faith.
They are also told in v. 20 to “pray in the Holy Spirit,” an exhortation that is found throughout Paul’s letters (Eph. 6:18; Rom. 8:26f; 1 Cor. 12:3; Gal. 4:6). Prayer in itself is reason enough for the exhortation, but in the previous verse the intruders have been described as “devoid of the Spirit,” so this appeal also draws a contrast between the behavior of those who intruded upon the Church and those who have remained faithful. It is a thorny issue for the early Christians, because the Holy Spirit is guiding the Church. An appeal to the Spirit should not be simply dismissed. But as we see in 1 John, many people appealed to the “Spirit” to support beliefs otherwise unattested, but Jude, like 1 John, links the Spirit to behavior. It is on the grounds of behavior that claims to the Spirit are rejected.
The Church is also called in v. 21 “to keep yourselves in the love of God.” Kelly points out that the verb for “keep” (têrein) is a favorite of Jude, used 4 times elsewhere in the letter (Kelly, 286). He also draws another comparison to Johannine literature, namely, that in John 15:9 and 1 John 2:5-6, as examples, “abiding” in Christ’s love is connected to proper behavior. “To keep” oneself in God’s love, therefore, probably has the tangible sense of doing the commandments. They are also told to “look forward to the mercy of our Lord Jesus Christ that leads to eternal life.” This turns their gaze to the future reward, when so much of the letter has focused on future punishment. The key word here is “mercy,” which is the necessary component for eternal life, even those who have more fully lived out the Christian life.
The unexpected turn is now to those who have been attracted by the “intruders’” teaching, and possibly the “intruders” themselves. The believers are told to “have mercy on some who are wavering” (v. 22). Mercy has just been invoked in v. 21 as the key to their salvation, that is, the mercy of Christ, and now they are told to show mercy on a group of those who are “wavering.” Those who are wavering are probably attracted by the teachers with whom Jude has been so worried, but instead of treating them with disdain or justice, they are told to have mercy, which concretely might simply mean to welcome them back into the community. A second group is to be saved “snatching them out of the fire” (v.23). The “fire” here must indeed mean the fire of damnation, found throughout the NT and, of course, in 1 Enoch; how they are to be snatched out of the fire is not described.  It is interesting that in describing the follies of the “intruders,” and in describing how those attracted to the “intruders” are to be saved, there is little solid advice. This might be because Jude’s seemingly general advice would have had a perceptible context for those who received it or because Jude did not want to be too specific for reasons which are lost to us. Either way, it makes it difficult to reconstruct the situation.
About this passage, Catherine Gonzalez says, “the imagery in verses 22 and 23 reflects Zechariah 3:1-5. This is the passage quoted by the archangel Michael in 1 Enoch, asking that God rebuke Satan, the passage Jude had referred to in verse 9” (225). This is fascinating simply at the level of connecting 1 Enoch to this short letter once again. In terms of content, however, the association might be to Joshua’s filthy clothes in Zechariah and Jude’s “tunic defiled by their bodies.” In Zechariah, even though Satan has accused Joshua, the angel(s) take off Joshua’s filthy clothes and put new clothes on him. Could this represent hope for those in defiled tunics? Could taking the tunic off represent baptism? If this is the case, maybe there is greater hope for the "intruders" than the verse seems initially to suggest. Perhaps "mercy on still others with fear" evokes more hopefulness than it initially appears. This might be a stretch too far, but the imagery is evocative.
Next week: the ending of Jude.
 Kelly actually connects this clause with the previous verse, that is, he would say the exhortation is to “have mercy on some who are wavering, by snatching them out of the fire” (this is my paraphrase). This would mean that one group is described by verse 22 and the first part of verse 23 and not two separate groups as I understand it. This is based on textual traditions going back to the ancient Church and ancient manuscripts. Kelly opts for the textual tradition which sees only two groups in this section (there is still a group to be described in v. 23 which would make two in total when added to this group), while I opt for the textual tradition adopted by the NRSV and NAB which sees three groups in total, namely, the two just described and one yet to come in v. 23.

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A B AUTO SALVAGE, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF EAST HARTFORD ET AL.
SPEZIALE, C.J., HEALEY, PARSKEY, SHEA and GRILLO, Js.
The plaintiff applied to the defendant zoning board of appeals of the town of East Hartford for a use variance. On the granting of that application, the town’s mayor and the town’s zoning enforcement officer, defendants in this case, appealed to the Court of Common Pleas. The plaintiff, although it knew of that appeal, never intervened and was neither named as a party therein nor made a party thereto. Following the trial court’s sustaining of that appeal and its eventual dismissal of the action, the plaintiff sought and obtained a writ of mandamus ordering the defendant board to certify its approval of the use variance and ordering the defendant town clerk to record that variance on the land records. On the defendants’ appeal to this court, held: 1. The plaintiff having no adequate remedy at law, mandamus was its proper remedy under the circumstances. 2. Because the plaintiff had no duty to intervene in the initial appeal as a party defendant, the doctrine of unclean hands did not apply here; more, its failure to intervene did not constitute a waiver of the relief it sought in the mandamus action. 3. The trial court, the defendants’ claim to the contrary notwithstanding, adequately articulated the factual basis of its decision.
Action for a writ of mandamus ordering the defendant zoning board of appeals to certify its approval of a use variance it had granted to the plaintiff and further ordering the defendant clerk of the town of East Hartford to record that variance on the land records, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford and tried to the court, Sidor, J.; judgment for the plaintiff, from which the defendants appealed to this court. No error.
David A. Zipfel, assistant corporation counsel, for the appellants (defendants).
Michael E. Grossmann, for the appellee (plaintiff).
The present appeal challenges the propriety of the judgment rendered by the trial court granting a writ of mandamus.
The material facts are not in dispute. On May 1, 1977, the plaintiff applied to the defendant zoning board of appeals of the town of East Hartford for a use variance. The board granted the application on May 28, 1977. Subsequently, on June 9, 1977, the mayor and the zoning enforcement officer of the town of East Hartford, defendants in the present case, appealed the decision of the board to the Hartford County Court of Common Pleas. Although the plaintiff knew of the pending appeal, it never intervened, and, furthermore, was not named as a party therein, was not made a party thereto, and never received service of process. By memorandum of decision filed January 11, 1978, the Court of Common Pleas, Kline, J., sustained the appeal, thereby reversing the decision of the zoning board of appeals.
to accept, record and index a certified copy of the variance on the land records. General Statutes 8-3d. The plaintiff claimed that because it was an indispensable party to the initial appeal and was not joined as a party thereto, the judgment of the Court of Common Pleas deprived the plaintiff of its property without due process of law. Accordingly, it contended that the judgment sustaining the appeal was void, leaving the variance granted by the zoning board of appeals valid andy in full force and effect. The defendants contested the relief sought by the plaintiff, contending that mandamus is an improper remedy under the circumstances and asserting several equitable defenses.
motion to implead the plaintiff as a party defendant was also filed. Both motions were granted. Thereafter, the plaintiff moved to dismiss the action, which the trial court, Kline, J., granted by memorandum of decision dated November 9, 1979. The basis of the court’s decision was that General Statutes 52-270, which governs the granting of a new trial, was not intended to protect plaintiffs who through negligence or inattention omit an indispensable party.
By memorandum of decision filed May 8, 1981, the trial court in the present action, Sidor, J., granted the plaintiff a writ of mandamus requiring certification and recording of the use variance. Construing the use variance as in full force and effect notwithstanding the initial appeal, the court concluded that mandamus was the proper remedy under the circumstances and found the defendants’ equitable defenses inapplicable. From this judgment the defendants take the present appeal.
(1980). The defendant does not contest the existence of the first two conditions, but asserts that pursuant to General Statutes 52-270 the plaintiff possessed an adequate remedy at law because it lacked “actual notice of a suit . . . or of a reasonable opportunity to appear and defend.” We disagree.
L Homes, Inc. v. Zoning Planning Commission, 187 Conn. 232, 246, 445 A.2d 591 (1982); the plaintiff’s knowledge of the initial appeal and its failure to enter that appeal as a party defendant should preclude an order of mandamus. We find these claims unpersuasive.
Application of the doctrine of unclean hands rests within the sound discretion of the trial court. DeCecco v. Beach, 174 Conn. 29, 35, 381 A.2d 543 (1977). “The maxim, being founded on public policy, may be relaxed on that ground; this resiliency can be seen not only where parties are not in pari delicto, but in some instances where they have been.” Cohen v. Cohen, 182 Conn. 193, 204, 438 A.2d 55 (1980). The doctrine “generally should not be employed to insulate the party who asserts it from the consequences of his own wrongdoing.” Id.
In the present case it is undisputed that the defendants, through design, inattention or negligence, failed to implead the plaintiff as a party defendant in the initial appeal. While the plaintiff, as an indispensable party, possessed the right to intervene, the defendants conceded in argument, as they must, that the plaintiff was under no duty to do so. There is no demonstration on the record before us that the plaintiff engaged in “willful misconduct . . . so as to invoke the equitable maxim as claimed.” DeCecco v. Beach, supra.
the judicial system. We do not agree. The plaintiff has done nothing more than pursue its legal rights. Irrespective of its knowledge of the initial appeal, the plaintiff was under no duty to enter therein as a party defendant. Chase National Bank v. Norwalk, 291 U.S. 431, 436-37, 54 S.Ct. 475, 78 L.Ed. 894 (1934); see McGhee v. United States, 437 F.2d 995, 1000 (Ct.Cl. 1971). To impose such a duty “could create shocking situations and disturb long-established principles.” Morris v. Gressette, 425 F. Sup. 331, 335 (D.S.C. 1976), aff’d, 432 U.S. 491, 97 S.Ct. 2411, 53 L.Ed.2d 506 (1977). “Such an argument, so contrary to fundamental concepts of due process, can be justified neither in reason nor on authority.” Id.
(1956); the plaintiff possessed the right to seek acceptance and recordation of the use variance notwithstanding the initial appeal, the judgment in which was not binding upon it. See Lake Garda Improvement Assn. v. Battistoni, 155 Conn. 287, 294-95, 231 A.2d 276 (1967).
of the memorandum of decision and the trial court’s response to the defendants’ motion for rectification reveals that the court included all of the relevant and undisputed facts upon which its decision was based. The remaining additions to the record sought by the defendants are either disputed or not material to the issues in this case, and thus the trial court was not required to include them in its memorandum of decision. Klepp Wood Flooring Corporation v. Butterfield, 176 Conn. 528, 531, 409 A.2d 1017 (1979).
 The President of A B Auto Salvage, Inc. testified that he learned of the appeal by reading a newspaper article. There was also evidence presented that the plaintiff, through its agent or counsel, met with town officials concerning the appeal and received copies of the appeal papers.
 From this judgment the mayor and zoning enforcement officer of East Hartford petitioned this court for certification, which we denied.
(1982); see Practice Book 3108.

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Affirmative Action began as a plan to equalize the educational, employment, and contracting opportunities for minorities and women with opportunities given to their white, male counterparts. The policy was born of the Civil Rights Act of 1964, President Lyndon B. Johnson’s executive order 11246, and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. In its 40-year history, Affirmative Action has attempted to rid America of discrimination against minorities and women, sometimes at the cost of what has been labeled “reverse discrimination" towards white men. Such race-conscious Affirmative Action programs have been the source of much controversy and sometimes violent protests.
In its original form, minorities and women were to receive “special consideration" in determining entrance to universities, employment hiring, and receiving federal contracts when competing with equally qualified white males.
Race-conscious affirmative action programs are subject to review under Title VII of the Civil Rights Act of 1964, if practiced by private or public employers and unions, Title VI if practiced by state or private recipients of federal funds, and the Equal Protection Clause of the 14th Amendment, if practiced by governmental agencies.
In the private sector, Johnson’s Executive Order 11246 gave Secretary of Labor Willard A. Wirtz authority to formulate rules requiring federal contractors to take “affirmative action" towards eliminating discrimination after 1965. At the same time, the Civil Rights Act was being enforced by the federal courts against discriminatory companies, unions, and other institutions. The Department of Labor worked with the construction industry to establish a series of region-wide “plans" for numerical hiring goals. Through those contractor commitments, the department also could indirectly pressure labor unions, who supplied the employees at job sites, to create more ethnically balanced work crews.
One key case in understanding the Civil Rights Act and its intentions was the Griggs v. Duke Power Company case of 1971. That case held that not only is intentional racial discrimination prohibited, but also hiring and employment policies that have perpetuated the effects of past discrimination. In addition, arbitrary blocks against the employment and advancement of black employees that were unintentional are prohibited and to be removed by private employers. In the Griggs case, black plaintiffs disputed Duke Power Company’s requirement that job applicants pass a general academic test of their abilities for its higher-waged jobs. It was found that test results could not predict the applicant's actual job performance. Further, it discriminated against black applicants who, due to a history of inadequate education in racially segregated schools, would more likely fail the test than their white counterparts. The ruling against Duke revolutionized the Civil Rights Act's enforcement by shifting the focus away from intent and toward a "disparate impact" standard. The standard holds that it is not always possible to recognize those who would have been hired under employment practices that perpetuate racial exclusion. It established that companies failing to employ a workforce that reflected the racial makeup of the "local, qualified" labor force, were in violation of the act. It also set a precedent for outcome-oriented Affirmative Action policies.
At the university level, institutions were required to assemble a more diverse student population by establishing “goals" and “timetables" for “full utilization" of educational opportunities for minorities and women, by way of directives from the Department of Health, Education, and Welfare. Prior to the fall of 1972, universities had not given racial nor ethnic integration a top priority in awarding admission to their learning institutions. Since there were so few racial and ethnic minority students who received a Ph.D. each year, faculty jobs were hardly affected by these changes, although increasing numbers of women were receiving Ph.D.s. With the Secretary of Labor’s Revised Order No. 4, universities were required to perform more diligent searches to find equally-qualified minority and women Ph.D. professors. At the same time, Anglo-American philosophy began to change from an indirect treatment of moral and political questions having to do with justice, to actually stating their views.
Two political articles published in 1971, A Theory of Justice by John Rawls, and Philosophy and Public Affairs by Princeton University, along with Florida State University’s Ethics, triggered an explosion of socially and politically engaged philosophical writings. Thus the debate over the legitimacy of Affirmative Action began on university campuses throughout the country, while those institutions were forced to exercise racial and gender preferences in their selection processes.
The debate over whether or not “goals" and “timetables" were identical to “quotas" and coercion to end discrimination, also began to heat up in American court systems as more cases were presented for its determination. One such case involved Alan Bakke, who had been denied admission to the University of California at Davis Medical School in 1979. The Supreme Court ruled, in Regents of the University of California v. Bakke, that explicit quotas violated the Equal Protection Clause. They did, however, find it legal to use race as one of many other factors in determining admissions to universities, using informal targets for minority admissions rather than strict quotas.
Two differing opinions were written in the Bakke case. While both agreed that universities may use race-based affirmative action practices for admissions, they could not agree on the fundamental reasons to account for them. According to Justice Lewis Powell’s now-famous opinion, those practices could be used to enhance educational diversity, but that the following stipulations must be observed in those systems: Racial quotas were not permitted; there must be a common admission standard by which all students are evaluated; and race can only be considered a “plus" factor and be on par with “a range of factors a university may properly consider in attaining the goal of a heterogeneous student body." Four other justices, led by Justice Harry Blackmun, agreed with Powell, but differed in his opinion regarding diversity. The four justices believed that universities may engage in affirmative action practices to remedy discrimination in society, and that the legitimacy of those programs was to be measured by how swiftly society’s racial imbalance was corrected by those means. Powell disagreed, stating that a university’s “remedial" uses of race to determine admission was to be judged by constitutional or statutory violations of equal protection and anti-discrimination laws.
Although Justice Powell’s strict opinion in the Bakke case that any admission policy defined by race, or used numerical racial quotas would be deemed unconstitutional, by the mid-1980s, American universities used either one or both of those admission practices. Those practices began to fall apart in 1994 when the Supreme Court struck down the University of Maryland’s Banneker scholarship practice of awarding only to African-American students. Further disintegration occurred when the Court of Appeals for the Fifth Circuit struck down the University of Texas Law School’s admissions program, and the First Circuit struck down a Boston plan for assigning students by race for selective high schools in 1998.
The slide continued until 2003, when the Supreme Court ruled for the University of Michigan Law School in the Grutter v. Bollinger case. Justice Sandra Day O'Connor's lead opinion declared: “Today we endorse Justice Powell's view that student body diversity is a compelling state interest that can justify the use of race in university admissions." But there was no clearer road for diversity-inspired Affirmative Action programs to travel on in 2003 than there was in 1978.
Regarding private businesses that contract with the federal government, the Supreme Court held in Fullilove v. Klutznick of 1980 that federal funds should be set aside for a certain percentage of minority-owned businesses that are not involved in discriminatory practices. As in the Griggs case, those set-asides could not continue longer than the effects of the discrimination. In other words, the set-aside can be waived if “sufficiently qualified" minority contractors cannot be located, or that they charge higher prices for services without a reasonable explanation for those inflated costs, due to the present effects of prior discrimination or disadvantage. It also would provide a procedure to prevent non-disadvantaged, minority businesses from claiming the set-aside, and ensure that not too great a burden is placed on fault-free, non-minority businesses. But those innocent, non-minority businesses could be required to subcontract 10 percent of their business to minority businesses.
Since a number of decisions based on prohibiting the perpetuation of the effects of discrimination came after the Griggs case, the Supreme Court held that those practices performed prior to the Civil Rights Act were not illegal. Fullilove asserted that Congress has the same power over private parties (contracting businesses) that allows for regulating state action under Griggs-style disparate impact standards, even though Washington v. Davis does not directly allow such an action for private parties under the Equal Protection Clause. Justice Powell, agreeing with the Court's decision, held that in the Fullilove case, the set-aside is required and did meet the standards of strict scrutiny, but no other justices agreed on that account.
In the Washington v. Davis case of 1976, the Supreme Court determined that the federal government could not be held to the same disparate impact standard, under the due process clause of the Fifth Amendment, because private employers were under the Civil Rights Act. In that case, black plaintiffs sued the Washington, D.C., Police Department for using a screening test that disproportionately discriminated against disadvantaged black applicants who did not generally score as well on a test. It could not be proven effective in determining the capability of its applicants.
In more recent history, President Bill Clinton signed a direct order on July 19, 1995, avowing support of affirmative action, stating that all Affirmative Action programs be reviewed by cabinet secretaries and agency officials to determine if they met four tests. In an effort to bring the federal government into compliance with the recent Supreme Court ruling in the Adarand v. Pena case, Clinton stated that a program must be eliminated or reorganized if it: “creates a quota, creates preferences for unqualified individuals, creates reverse discrimination, and continues their program even after its equal opportunity purposes have been achieved." The Adarand case held that higher legal standards for federal affirmative action programs must be met in order to be judged constitutional. It also stated, among other things, that race-generated programs must be narrowly tailored to reach their intended goal and serve a compelling government interest.
One of the arguments against Affirmative Action was that preferences towards minorities and women produced the effect of “reverse discrimination" against white males. In the 1979 United Steelworkers of America, AFL-CIO-CLC v. Weber case, the Supreme Court ruled that the private sector could apply voluntary racial preference programs in hiring. Conservatives accused the high court of endorsing “reverse discrimination." Many stated that employers and schools that favored women and minorities were committing the same injustice that the Jim Crow Laws had committed against blacks. On the other hand, others believed that a temporary imbalance in employment and higher learning institutions helped to counteract past injustices until racial, minority, and gender equality could be achieved.
In a backlash against Affirmative Action, President Ronald Reagan cut funding for the Equal Employment Opportunity Commission and the civil rights division of the Justice Department. Reagan believed that the government promoted reverse discrimination and stated that it should relax its efforts to reach employment equality on behalf of blacks and other minority groups. He also believed that compensating blacks and other minority groups for past discrimination with hiring quotas, numerical goals, and timetables, ought to be eliminated. As a result of those cuts, the EEOC filed 60 percent fewer cases by 1984 than it had at the beginning of the Reagan administration. Also, cases against segregation in schools or housing, prepared by the Justice Department, virtually disappeared.
An example of the policiy succeeding is the improvement of schooling for minorities. From 1960 to 1995, the percentage of blacks ages 25-29 who graduated from college rose from 5.4 percent to 15.4 percent. A survey performed in 1993 of 718 primary-care physicians from 51 California communities found a direct relation between the ethnic or race group and the physicians who served them. Increases in African-American and Hispanic physicians have paralleled a proportional rise in the quality of health care received in communities with higher concentrations of those minorities.
University of Michigan studies measuring the value of diversity in education have indicated that “patterns of racial segregation and separation historically rooted in our national life can be broken by diversity experiences in higher education." Their empirical analysis also has shown that diversity produces “the greatest engagement in active thinking processes, growth in intellectual engagement and motivation, and growth in intellectual and academic skills" of those students. Involving students in more complex thinking — rather than automatic thinking — fosters increased alertness, an ability to develop new ideas and ways of processing information, and stimulates greater mental activity, all skills necessary in today’s more complex society.
Many minorities and women continue to support Affirmative Action, but a growing number of them are admitting that the benefits may no longer be worth its side effect: the perception that their success is unearned. Overall, minorities and women continue to possess the vastly lower-paying jobs and are actively discriminated against in some sectors. By requiring corporations and contracting businesses to exercise special consideration for minorities and women in their hiring practices, the end result has sometimes been a less experienced or qualified workforce, resulting in a decreased ability to compete against less racially diverse corporations. In many cases, however, with increased training opportunities, those less qualified have proven to become as effective as those more skilled.
The debate over the need for, and type of, Affirmative Action practices continues today in the courts. Many contend that the effects it was attempting to achieve have not been accomplished. In the private sector, the debate also continues with white males accusing Affirmative Action of robbing them of promotions and other opportunities. Corporations continue to voice their concerns for overall effectiveness to compete against less racially diverse corporations. Has affirmative action come to the end of its lifespan of effectiveness? Will there be other measures taken to ensure a more racially and gender-balanced society?
... Center Race, Gender, and Affirmative Action: A Resource Page for Teaching The Affirmative Action and Diversity Project: A Web Page for Research AFL-CIO Affirmative Action Page "Affirmative Reaction" - transcript of August 18, 19Affirmative Action: A Resource Page for Teaching The Affirmative Action and Diversity Project: A Web Page for Research AFL-CIO Affirmative Action Page "Affirmative Reaction" - transcript of August 18, 19Affirmative Action and Diversity Project: A Web Page for Research AFL-CIO Affirmative Action Page "Affirmative Reaction" - transcript of August 18, 19Affirmative Action Page "Affirmative Reaction" - transcript of August 18, 1997 NewsHour - U.C.

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This is an English courtesy translation of the original documentation prepared in Italian language. Please consider that only the original version in Italian language has legal value.
The Owner handles non-sensitive, personal and identification data (including, but not limited to, name, address, telephone, e-mail, etc. – hereinafter “personal data” or “data”) provided by you upon registration with the website www.altamirahrm.com (hereinafter “the site”), through the request form for the Owner’s newsletter, when ordering and/or purchasing products online through the site, or by compiling and submitting a contact form to the Owner, or through any other request made by you to the Owner (e.g. for a Demo, etc.).
to exercise the rights of the Owner, such as the right to legal defense.
to send you via email newsletters, commercial communications and/or advertising material about the Owner’s products or services.
Please note that, if you are already our customer, we will send you commercial information concerning the Owner’s products and services similar to those you already use, unless you dissent (article 130, point 4, Privacy Code).
The processing of your personal data is carried out by means of the operations indicated in art. 4 of the Privacy Code and art. 4 point 2 of the GDPR, namely: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, linking, blocking, communication, cancellation and destruction of data. Your personal data may be processed both in hard copy (archives) and/or through electronic or automated means (Salesforce, Zendesk and Office 365 site and applications).
The Owner will process the personal data for the time required for the above purposes and, in any case, for not more than 10 years after termination of the user relationship and not more than 2 years in the case of data collected for marketing purposes.
third-party companies or other entities (for example, website providers, e-payment service providers, suppliers, hardware and software technicians, lenders, professional firms, etc.) who perform outsourced activities on behalf of the Owner, in their capacity as external processing managers.
Without your express consent (under Article 24 a), b), d) of the Privacy Code and Art. 6 b) and c) of the GDPR), the Owner may communicate your data for the purposes set forth in art. 2.A) to oversight bodies, judicial authorities, where obligatory in law. The data will not be further disclosed.
Personal data will be stored and managed on servers located within the European Union. The data will not be transferred outside the European Union. It remains understood that the Owner shall, wherever necessary, retain the right to change the location of the servers in Italy and/or the European Union and/or non-EU countries. In this event, the Owner guarantees as of now that the transfer of data outside the European Union shall be undertaken in accordance with applicable law, drawing up agreements, where required, to ensure an adequate level of protection and/or adopting the standard contractual clauses foreseen by the European Commission.
Data provision for the purposes of art. 2.A) is obligatory. In the absence of such data, we will not be in a position to provide you with the services foreseen under art. 2.A).
Data provision for the purposes of art. 2.B), on the other hand, is optional. Thus, you may decide not to provide any information or subsequently to deny consent to the processing of data already provided: in that case, you will not be able to receive newsletters, marketing communications and advertising material relating to the products or services offered by the Owner. Nevertheless, you will continue to be entitled to the services foreseen under art. 2.A).
to receive confirmation of the existence or otherwise of your personal data, even if not yet registered, and to have them communicated to you in an intelligible form.
to be advised of: a) the source of the personal data; b) the purpose and the method of its processing; c) the logic applied where processing is carried out with the aid of electronic tools; d) the identification details of the Owner, the processors and the designated representative pursuant to article 5, para. 2 of the Privacy Code and art. 3.1 of the GDPR; e) the parties or categories of parties to whom the personal data may be communicated or who may come across the data as designated representatives in the territory of the State, data supervisors or processors.
to obtain a) the updating, correction, and where needed, the integration of the data; b) the deletion, conversion to anonymous format or blocking of data processed violation of the law, including data which it was not necessary to keep for the purposes for which it was gathered or subsequently processed; c) confirmation that operations described in points a) and b) were made known, including as concerns their content, to those to whom the data was communicated or transmitted, except in cases where this proves impossible or would involve the use of resources manifestly out of proportion to the protected right.
to object, in whole or in part: a) for legitimate reasons to the processing of your personal data, even if pertinent for the purposes of the collection; b) to the processing of your personal data for purposes of transmitting advertising materials or direct selling or for carrying out market research or commercial communication, through automated calling systems not involving an operator via e-mail and/or through traditional marketing channels by phone and/or mail. It should be noted that the interested party’s right to object, as set out in point (b) above, for direct marketing purposes through automated means also covers traditional means and that, in any case, the party concerned retains the right also to a partial refusal. Therefore, the interested party may choose to receive communications only by traditional means, only by automated communications, or by neither of the two types of communication.
Where applicable, you also have rights under art. 16-21 of the GDPR (right of correction, right to be forgotten, right to limit processing, right to portability of contractual and raw navigation data, the right of refusal) as well as the right to complain to the oversight body.
by calling +39 02 48 100 463.
The Owner of the processing is Altamira Srl, with registered offices in via G. Marradi 1, 20123 Milano. The data supervisor is John Martelli.

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In a contract governing an interstate shipment of livestock, the carrier's liability for negligent injury of the stock during transportation may lawfully be conditioned upon the presentation of a written claim by the shipper within five days from their removal from the cars. P. 250 U. S. 467.
In view of the enlarged scope of "transportation" as defined by the Hepburn Act, an interstate movement of livestock is not ended when the car containing them is placed opposite a cattle chute of the carrier on a switch track at destination and left in charge of the shipper for unloading, when an adequate time for unloading them has not expired, although the shipper assumed the duty, risk and expense of their unloading by the terms of the contract for transportation. Id. Cleveland, Cincinnati, Chicago & St. Louis R. Co. v. Dettlebach, 239 U. S. 588.
"That the said shipper is at his own sole risk and expense to load and take care of and to feed and water said stock whilst being transported, whether delayed in transit or otherwise, and to unload the same, and neither said carrier nor any connecting carrier is to be under any liability or duty with reference thereto except in the actual transportation of the same. . . . That no claim for damages which may accrue to the said shipper under this contract shall be allowed or paid by the said carrier, or sued for in any court by the said shipper, unless a claim for such loss or damage shall be made in writing, verified by the affidavit of the said shipper or his agent, and delivered to the general auditor of the said carrier at his office in the City of Chicago, Ill., within five days from the time said stock is removed from said car or cars, and that, if any loss or damage occurs upon the line of a connecting carrier, then such carrier shall not be liable unless a claim shall be made in like manner, and delivered in like time, to some proper officer or agent of the carrier on whose line the loss or injury occurs."
down a bridge, they at once connected the chute and car, and were about to lead out four horses when an engine pushed other cars against it and injured the animals therein. No written claim was made for the loss or damage as provided by the bill of lading, and when sued, the carrier defended upon that ground. Respondents maintain that transportation had ended when the accident occurred and consequently no written claim was necessary. The courts below accepted this view.
Under our former opinions, the clause requiring presentation of a written claim is clearly valid and controlling as to any liability arising from beginning to end of the transportation contracted for. Chesapeake & Ohio Ry. Co. v. McLaughlin, 242 U. S. 142; St. Louis, Iron Mountain & Southern Ry. Co. v. Starbird, 243 U. S. 592; Baltimore & Ohio R. Co. v. J. G. Leach, 249 U. S. 217; Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Dettlebach, 239 U. S. 588, 239 U. S. 593-594; Southern Ry. v. Prescott, 240 U. S. 632.
"cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration, or icing, storage, and hauling of property transported,"
carriers by rail were concerned, the entire body of such services should be included together under the single term 'transportation,' and subjected to the provisions of the act respecting reasonable rates and the like."
In the instant case, when injured, the animals were awaiting removal from the car through a cattle chute alleged to be owned, operated, and controlled by the railroad. If its employees had then been doing the work of unloading, there could be no doubt that transportation was still in progress, and we think that giving active charge of the removal to respondents, as agreed, was not enough to end the interstate movement. The animals were in the car; no adequate time for unloading had transpired. The carrier had not fully performed the services incident to final delivery imposed by law. These included the furnishing of fair opportunity and proper facilities for safe unloading although the shippers had contracted to do the work of actual removal. See Hutchinson on Carriers, §§ 711, 714, 715.
Petitioner's request for an instructed verdict in its behalf should have been granted. The judgment below must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion.
I greatly regret that I cannot concur in the opinion and judgment of the Court in this case, but I cannot consent to share in what seems to me a very strained construction of a definition in the Hepburn Act (34 Stat. 584, c. 3591, § 1) which will result in keeping alive a bill of lading, with the effect of excusing the carrier from liability for negligently damaging the livestock of a consignee after it had been delivered on the ground that a claim in writing for the damage, duly verified, had not been presented within five days.
It is shown by the opinion of the Court that the consignee, a partnership of three members, was bound by the bill of lading to unload the horses at destination.
The consignee, being notified by the carrier as to the probable time of the arrival of the car, on the day before it arrived, paid what was supposed to be the full amount of the freight charges, and two members of the partnership were at the station at three o'clock in the morning to receive and unload it.
When the train came, the senior member of the consignee stood in the cattle chute with the conductor while the latter was placing the car for unloading and approved as satisfactory the position in which it was placed. Thereupon a brakeman set the brake, the engine was cut off, and the conductor went away and left the car in the sole custody of the consignee, after saying to its representative, "You had better get them out as soon as you can, as they have been on the road a good while, and are tired and hungry." Two members of the partnership, consignee, went to work at once to unload the horses, but it was necessary to get some boards to make the bridge from the car to the chute safe, and in about half an hour, when the two were in the act of leading two horses from the car, other cars were negligently thrown against it and caused the damage sued for.
I dissent from the opinion of the Court because I agree with the three New York courts that the undisputed facts thus stated show that the transportation was ended, and the delivery of the stock was so completely made as to end all liability of the carrier under the bill of lading, before the negligence of the company occurred which caused the damage complained of.
where, as here, the facts are not disputed, it is a question of law.
What more was there for the carrier to do -- what more could it have done -- to make more complete the delivery necessary to fulfill its obligation as a carrier? The journey was ended, the freight charges were paid, and the car was placed on a side track in an appropriate place and position for unloading, which was approved by the consignee. It had been accepted by two members of the partnership, consignee, and had passed into their exclusive custody a full half hour before the accident. No assistance was asked for or needed after the conductor delivered the car and went away, and thereafter the carrier owed to the consignee only the duty which it owed to any property lawfully upon or near to its tracks -- not to negligently or willfully injure it, and it was for violation of that duty, not for failure to discharge duties imposed by the bill of lading, that this suit was instituted. The case is one of side track delivery, the equivalent of the familiar delivery of a car to an "industrial track" or "team unloading track" of a railroad, with possession taken by the consignee before the damage was done.
To the weighty authority of the New York courts which decided in this case that the delivery was complete before the damage was done may be added, a few from many, the decisions of the supreme courts: of Michigan, in a strikingly similar case, but with not so complete a delivery, in Brown v. Pontiac, Oxford & Northern R. Co., 133 Mich. 371; of Illinois, in Gratiot Street Warehouse Co. v. St. Louis, Alton & Terre Haute R. Co., 221 Ill. 418; of North Carolina, in Reid v. Southern Railway Co., 149 N.C. 423; of Georgia, in Kenny Co. v. Atlanta & West Point R. Co., 122 Ga. 365, and see Hedges v. River Railroad Co., 49 N.Y. 223.
to me quite irrelevant. That provision was incorporated into the act to prevent unjust discrimination by carriers in terminal delivery charges, as the context and the history of the act abundantly show. It defined "transportation," but did not define what should constitute delivery to a consignee; that was left untouched, and is governed by the prior decisions of courts and by those which have been developed since.
Equally beside the question involved seems to me the decision in Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Dettlebach, 239 U. S. 588, 239 U. S. 593-594, cited in the opinion of the Court. The question there under consideration was whether, when goods carried to destination were lost after they had been held more than a month uncalled for, the liability of the carrier was to be determined by the terms of the bill of lading or by the more limited liability of a warehouseman. Obviously there was no question in the case as to what constituted delivery, for there was no pretense of delivery, actual or constructive, and therefore the decision cannot be of service in determining this case.
"The animals were in the car; no adequate time for unloading had transpired. The carrier had not fully performed the service incident to final delivery imposed by law. These included the furnishing of fair opportunity and proper facilities for safe unloading, although the shippers had contracted to do the work of actual removal. See Hutchinson on Carriers, §§ 711, 714, 715."
I cannot find justification, in the sections cited for such a statement of the law as is here made.
company is that it shall place the cars where they can be safely and conveniently unloaded."
This the carrier in the case before us had done to the satisfaction and acceptance or the consignee before the accident complained of.
"During this reasonable time [for delivery], the liability of the carrier remains unchanged; but so soon as it has elapsed, he no longer stands in the relation of carrier to the goods, but in that of an ordinary bailee for hire."
The "reasonable time" here referred to is palpably that necessary for the carrier to wait before its obligation becomes that of a warehouseman when the consignee does not appear to claim the shipment; it is not applicable to the time for unloading after the property has been accepted by the consignee.
"If the consignee is bound to unload the goods himself from the car, it is the duty of the carrier to place the car where it can be unloaded with a reasonable degree of convenience and to furnish the consignee with safe and proper facilities for the purpose."
All of this the carrier in this case did, and the consignee not only approved as satisfactory, safe, and proper the position in which the car was placed and the facilities furnished for unloading it, but the delivery of the car was accepted and was in the actual possession and custody of the consignee for a very considerable time before the accident complained of happened. It was not in any attempt or effort on the part of the carrier to improve the unloading facilities or to assist the consignee that the damage was done, but it was the result of a tort, pure and simple -- of a negligent switching operation, entirely independent of the delivery of the shipment, occurring a half hour after it had been accepted.
The delivery having been completed and accepted by the consignee, the five-day limitation, so unreasonable in itself that it has been prohibited by congressional enactment (38 Stat. 1196, c. 176, § 1), has, in my judgment, no applicability to this case, and to bottom the conclusion announced upon the definition of "transportation" in the Hepburn Act is to convert what was intended for the protection of shippers of property in interstate commerce, into an instrument of injury and injustice.
For the reasons thus stated, I dissent from the opinion and judgment of the court.
MR. JUSTICE McKENNA and MR. JUSTICE BRANDEIS concur in this dissent. MR. JUSTICE DAY also dissents.

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