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Over the past year, the Supreme Judicial Court (“SJC”) has fundamentally changed the law on the admissibility of eyewitness identifications in criminal cases. Specifically, the SJC restricted the use of in-court identifications by eyewitnesses and adopted new jury instructions for assessing eyewitness testimony. This article summarizes these changes to Massachusetts law.
The Supreme Judicial Court has acknowledged that “research regarding eyewitness identification procedures is complex and evolving” and “eyewitness identification is the greatest source of wrongful convictions but also an invaluable law enforcement tool in obtaining accurate convictions.” Commonwealth v. Walker, 460 Mass. 590, 604 n.16 (2011). Following the Walker decision, the SJC convened a Study Group on Eyewitness Identifications (“Study Group”). The Study Group was tasked with determining how the Commonwealth could best deter unnecessarily suggestive identification procedures in criminal cases. In addition, the Study Group assessed whether existing model jury instructions provided adequate guidance to juries in evaluating eyewitness testimony. Three subcommittees of the Study Group focused on police protocols, pretrial evidentiary hearings on identification procedures, and improving jury instructions to better assist juries. See Executive Summary, Supreme Judicial Court Study Group on Eyewitness Evidence, Report and Recommendations to the Justices (July 25, 2013) (“Study Group Report”). The Study Group presented its Report in July 2013. By late 2014, the SJC began citing to the Study Group Report when issuing a trilogy of decisions that implemented many of the Study Group’s recommendations.
Massachusetts law permits the admission of an out-of-court eyewitness identification unless a defendant proves, by a preponderance of the evidence, that the identification procedures employed by the police were unnecessarily suggestive. Commonwealth v. Johnson, 420 Mass. 458, 463-64 (1995); Commonwealth v. Thornley, 406 Mass. 96, 98 (1989). The relevant inquiry is not whether the witness was mistaken. Rather, the question is whether the identification was the product of impermissibly suggestive police procedures. If the identification is admissible, a jury is free to weigh the reliability of the identification evidence. See Walker, 460 Mass. at 599; Johnson, 420 Mass. at 463-64.
While the SJC previously adopted a per se rule of exclusion for unnecessarily suggestive out-of-court identifications, the Court had never adopted such a rule for in-court identifications. Until recently, in-court identifications were excluded only if tainted by an out-of-court confrontation arranged by the Commonwealth that was ‘ “so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.’ ” Commonwealth v. Carr, 464 Mass. 855, 877 (2013) (quoting Simmons v. United States, 390 U.S. 377, 384 (1968)); see also Commonwealth v. Choeurn, 446 Mass. 510, 520 (2006).
In Commonwealth v. Crayton, 470 Mass. 228 (2014), the Court addressed whether an in-court identification is admissible when there has been no prior out-of-court identification. Historically, a defendant’s only protection against admission was to seek alternative, less-suggestive, out-of-court identification procedures in advance of trial, or to challenge the reliability of the in-court identification through a cross-examination focusing on the witness’s demeanor and statements during the in-court identification. Using the Study Group Report as support, Crayton held that an in-court identification is admissible only when there is “good reason” for its admission. Id. at 241. Crayton reasoned that in-court identifications may be more suggestive than one-on-one show-up identifications conducted out of court. Id. at 237. Also, Crayton noted that a defendant’s presence in a courtroom acts “as confirmation that the prosecutor…believes the defendant is the [perpetrator].” Id. Therefore, the eyewitness is likely to conform to the behavior of others and identify the defendant. Id. (quoting Evan J. Mandery, Due Process Considerations of In-Court Identifications, 60 Alb. L. Rev. 389, 417-18 (1996)).
Crayton further reasoned that even though the jury can observe the witness during the in-court identification, jurors will not be “better able to evaluate the accuracy of the in-court identification” because statements attributed to “a witness’s level of confidence in an identification are not a reliable predictor of the accuracy of the identification.” Id. at 239. Moreover, it is very difficult to convince a jury through cross-examination that such statements are attributable to surrounding suggestive circumstances. Id. at 240.
Following Crayton, in-court identifications are admissible only where there is “good reason” for their admission. “Good reason” exists where the witness’s identification is not based solely on his memory of witnessing the incident; for example, if a witness was familiar with the defendant before the crime or if the witness was both an eyewitness and an arresting officer. Id. at 242. In practice, Crayton places the initial burden on prosecutors to move in limine for the admission of an in-court identification. Only then must the defendant demonstrate there is no “good reason” to permit such an in-court identification. Id. at 243. This new rule aims to avoid the “unfair evidentiary weight of a needlessly suggestive show-up identification that might be given more weight by a jury than it deserves.” Id. at 244.
In Commonwealth v. Collins, 470 Mass. 255 (2014), the Court addressed whether an in-court identification is admissible when a prior out-of-court identification resulted in “something less than an unequivocal positive identification of the defendant.” Id. at 262. Citing the Study Group Report, Collins noted that an eyewitness who is unable to make a positive identification before trial, or lacks confidence in his identification, is likely to regard the defendant’s prosecution as “confirmatory feedback” that the defendant is the “right” person. As a result, the witness may develop an “artificially inflated level of confidence” in any subsequent in-court identification. Id. at 262-63. This “enhancement of memory” makes assessing the accuracy of the in-court identification more difficult for juries. Id. at 263-64. Cross-examination will not always reveal prior, inaccurate in-court identifications because most jurors are unaware both of the weak correlation between confidence and accuracy and of a witness’s susceptibility to manipulation by suggestive procedures or confirming feedback. Id.
Following Collins, the prosecution must move in limine to admit an in-court identification where an eyewitness to a crime has not made an unequivocal positive identification of the defendant before trial but the prosecutor nonetheless intends to ask the eyewitness to make an in-court identification of the defendant. Once the prosecution makes this motion, the defendant then bears the burden of demonstrating that there is no “good reason” for the admission of the in-court identification. “Good reason” in this context “usually would require a showing that the in-court identification is more reliable than the witness’s earlier failure to make a positive identification and that it poses little risk of misidentification despite its suggestiveness.” Id. at 265 (emphasis added).
The Study Group was also charged with determining whether existing model jury instructions provide adequate guidance to juries in evaluating witness testimony. The prior Massachusetts model jury instruction on eyewitness identifications, adopted in 1979, delineated factors for the jury to consider when evaluating an eyewitness identification; however, it did “not instruct the jury as to how those factors may affect the accuracy of the identification.” Commonwealth v. Gomes, 470 Mass. 352, 363 (2015) (emphasis added). Gomes held that there are five principles pertaining to eyewitness identifications that are “so generally accepted” that they must be included in a model jury instruction. Id. at 376. Those principles are: 1) human memory does not function like a video recording, but is a complex process that consists of the stages of acquisition, retention, and retrieval; 2) an eyewitness’s expressed level of certainty, by itself, may not indicate the accuracy of his or her identification; 3) high stress can reduce an eyewitness’s ability to make an accurate identification; 4) a witness’s recollection of the memory and the identification can be influenced by unrelated information that is received both before or after making that identification; and 5) a prior viewing of a suspect at an identification procedure may reduce the reliability of a subsequent identification procedure with the same suspect. Id. at 369-76. Gomes adopted a provisional jury instruction, and the SJC issued a new model jury instruction in November 2015. This new instruction incorporates many of the principles discussed in the Study Group Report and in Gomes and is designed to educate jurors, in plain language, on the science of memory so that jurors are better equipped to assess the credibility and reliability of eyewitness testimony. This new instruction will increase jurors’ understanding of the complexities surrounding eyewitness identifications. Id. at 376-77. However, as Gomes noted, the new jury instruction is not intended to preclude additional expert testimony at trial; rather, such expert testimony remains crucial to elaborate on the principles addressed within the jury instruction and to further explain how other relevant variables in each individual case may affect the accuracy of an identification. Id. at 378. With an eye to the future, Gomes acknowledged the potential need to revise eyewitness jury instructions “as science evolves.” Id. at 368.
Just as the science associated with eyewitness identifications will continue to evolve, so will the case law. The Crayton, Collins, and Gomes holdings are positive steps toward reforming case law to conform to science. In addition to issuing these three decisions, the SJC announced a new Standing Committee on Eyewitness Identification in 2015. This Committee is tasked with offering ongoing guidance to the courts regarding eyewitness identification procedures. The Massachusetts criminal justice system is now poised to more fairly address the issues raised when an individual is accused of committing a crime based on eyewitness testimony.
Massachusetts law also permits the exclusion of eyewitness identification under common-law principles of fairness when an eyewitness is exposed to such highly suggestive circumstances independent of police involvement that the eyewitness’s identification is deemed unreliable. Commonwealth v. Jones, 423 Mass. 99, 110 (1996).
 A show-up is an identification procedure wherein a witness to a crime is shown only one person. Usually, the person is someone the police believe is a suspect. The witness is usually shown the person at the scene of the crime or the witness is brought to where the suspect is detained.
 Criminal Model Jury Instructions for use in the District Courts, Instructions 1.340 & 9.160 (November 2015).
Scott P. Lopez is a partner at Lawson & Weitzen, LLP and trial lawyer with more than 25 years of federal and state court experience representing clients in criminal and civil matters. He is a former co-chair and member of the Boston Bar Association’s Criminal Law Steering Committee.
Lauren J. Weitzen is an associate at Lawson & Weitzen, LLP who previously was a Supervising Attorney with the Committee for Public Counsel Services Public Defender Division. She represents clients in criminal and civil matters and is a member of the Boston Bar Association.
“Empower the Sentencing Commission to revisit the state’s approach to sentencing and sanctions”, this was one of several key criminal justice policy recommendations proposed by the Massachusetts Criminal Justice Coalition in 2013. At the urging of criminal justice leaders, the Massachusetts Sentencing Commission, originally codified in Massachusetts G.L. c.211E, was re-established in 2014 and met for the first time that October to consider the performance of our sentencing system. Nearly nineteen years after the publication of the first “Report to the General Court” in 1996, once again the members and staff of the Massachusetts Sentencing Commission eagerly embrace the opportunity to reposition the Commonwealth at the forefront of criminal justice policy development.
The current sentencing guidelines are used by many judges on a voluntary basis. The guidelines are in the form of a grid where the seriousness of the offense and the criminal history of the defendant are systematically considered in making a sentencing recommendation.
• Steven W. Tompkins: Sheriff, Suffolk County.
• Serve as a clearinghouse for information on sentencing.
• Michael Coelho: Deputy Commissioner of Programs at the Massachusetts Probation Service, Coelho addressed the Commission on the Pew Results First Initiative, a cost- benefit approach to guiding policy and budgetary decisions throughout the Massachusetts criminal justice system.
• Professor Mark Kleiman: Then a Professor of Public Policy at the Luskin School of Public Affairs, UCLA at Berkeley, Professor Kleiman engaged Commission members in discussion of the HOPE model of probation supervision and best practices in the sentencing of drug offenders.
• Professor Kevin Reitz: Professor of Law at the University of Minnesota Law School, Professor Reitz provided a national perspective on the work of other sentencing commissions and how Massachusetts can incorporate nationally recognized best practices into our sentencing guidelines model.
• Professor Richard Frase: Co-Director of the Robina Institute of Criminal Law and Criminal Justice, Professor Frase provided valuable insight on developing a safety-valve provision offering qualified offenders relief from mandatory minimum sentences.
• Commissioner Edward Davis (ret.): Former Boston Police Commissioner Davis presented Commission members with a law enforcement perspective on sentencing and best practices for promoting successful post-incarceration reintegration for offenders.
• District Attorney Daniel Conley: Suffolk County District Attorney Conley provided Commission members with a prosecutorial perspective on sentencing and crime control.
• Judge Nancy Gertner (ret.): A former Federal Judge, Gertner presented Commission members with her experience and perspectives in working with the federal sentencing guidelines.
• Community-Based Sanctions Sub-Committee: Focusing on innovative solutions to incentivize compliance with community-based sanctions, restructuring of supervision fees, community relations through outreach initiatives, and considering the implications of “zero-based” conditions of probation where every condition must be justified.
• Guidelines and Legislation Sub-Committee: Focusing on the development of a comprehensive sentencing guidelines model, one supported by data and grounded in research. Sub-committee members are actively debating and considering improvements designed to strengthen statutory criminal justice provisions.
• Outreach and Training Sub-Committee: Responsible for the coordination of public hearings as well as making recommendations to improve the web presence of the Commission. Further, sub-committee members are also responsible for the development of training resources and for providing technical support to guidelines users at the local court level.
• Research and Data Sub-Committee: Responsible for the review and approval of all research related requests, including the development of information sharing protocols. Sub-committee members also serve as a review board to monitor any mutually agreeable external research projects the Commission engages in. Further, sub-committee members may analyze sentencing data to monitor developing trends and rates of compliance and departure from recommended sentencing ranges.
The Massachusetts criminal justice system is engaged in many initiatives that share the mission of, and parallel the work of the Commission. The Council of State Government’s Justice Reinvestment Initiative and the best practices in sentencing committees within the Trial Court are two such initiatives.
The Council of State Government’s Justice Reinvestment Initiative in Massachusetts is a significant cost-savings. Experts from the Justice Reinvestment Initiative will present these findings to a bipartisan task force that will debate and present these recommendations to the legislature. The cost-savings generated through these recommendations can then be reinvested in front-end programs designed to reduce recidivism. Currently, 24 states and 17 local jurisdictions throughout the United States participate in the Justice Reinvestment Initiative.
Led by Chief Justice Ralph Gants, working groups on best practices in sentencing are active in each court department with significant criminal jurisdiction. Committee members, which include judges, probation officers, prosecutors, defense attorneys and police chiefs, are tasked with the development and implementation of sentencing best practices specific to each of these court departments. It is the intent of these committees to develop a set of sentencing best practices to serve as a judicial decision making support tool, guiding judges in crafting individualized sentences that are consistent with best practices whenever possible.
Moving forward, the Sentencing Commission is developing data-driven policy recommendations and remains committed to collaborating with nationally recognized experts from the academic and legal communities. Given the diverse backgrounds of Commission members, significant differences of opinion on how to best improve sentencing in Massachusetts are unavoidable, and despite this, many Commission members are encouraged by a shared vision. This common vision is one that does not compromise public safety and scarce correctional resources, and seeks to reduce prison populations when consistent with public safety, to reduce recidivism, to enhance the utilization of intermediate sanctions, and to support an economically sustainable correctional model. The Commission extends its sincere gratitude to the many local champions and nationally recognized leaders who have whole-heartedly endorsed and supported our mission as we work to bring evidence-based practices to sentencing policy in Massachusetts.
John Lu is a Superior Court justice and chair of the Massachusetts Sentencing Commission as well as an Adjunct Professor of Law at Boston University. He is the lead Superior Court judge for a Bureau of Justice Assistance-funded Demonstration Field Experiment of HOPE probation principles, a randomized control trial of supervision of high-risk probationers. Lu’s professional interests include criminal justice and sentencing innovation, leadership and management, and teaching.

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[286 U.S. 346, 347] Messrs. Harold R. Small, of St. Louis, Mo., and A. L. Adams, of Jonesboro, Ark., for petitioner.
[286 U.S. 346, 348] Mr. Frank Pace, of Little Rock, Ark., for respondent.
The administratrix of the estate of Simpson, an employee of the petitioner, brought this action under the Federal Employers' Liability Act ( Act of April 22, 1908, [286 U.S. 346, 349] c. 149, 1, 35 Stat. 65, U. S. Code, title 45, 51 (45 USCA 51)) to recover damages for his death. She had a verdict in her favor in the circuit court of Prairie county, Ark., and the Supreme Court of the state affirmed. 43 S.W.(2d) 251. The case is here on certiorari. 285 U.S. 531 , 52 S. Ct. 394, 76 L. Ed. -.
Simpson was the engineer of No. 775, an extra train engaged in interstate commerce. Before leaving Pine Bluff, Ark., he received a written train order, No. 104, notifying him to proceed south to the cross- over at McNeil, Ark., and there wait upon a siding until another train, No. 18, going north, had arrived and passed. On arriving at McNeil, Simpson took his train, consisting of 43 freight cars, upon the siding at the cross-over, but did not wait there. He had received at McNeil another order (train order No. 132) notifying him that another train (second 18) was to meet him farther south at Stamps. The conjecture is offered that he confused train No. 18 with second No. 18, though there is no dispute that to a railroad employee the description was entirely intelligible, trains of the same number being designated as first, second, third, and so forth. At all events, Simpson, instead of waiting at the siding, moved out upon the main track. About a mile away there was a head-on collision between his train and No. 18, in which he and others were killed.
The respondent admits, as she admitted on the trial, that the engineer was negligent, and rests her right to recover upon what is characterized as the doctrine of 'the last clear chance.' To bring that doctrine into play she relies upon these facts: At the end of the long train of 43 freight cars was a caboose in which the conductor and two brakemen rode. The brakemen say that, as the train left the siding, they remembered the first order, and asked the conductor whether any new ones contradicting it had come into his hands. Not hearing of any, they called out [286 U.S. 346, 350] to apply the air brakes, and one of them offered to do so himself. This the conductor forbade, and said to bring him the written orders which were in the cupola of the caboose, so that he might read them again. This was done at once. While the orders were in the conductor's hands, and he was reading them again, the collision occurred.
The facts so summarized are insufficient to relieve the engineer from the sole responsibility for the casualty that resulted in his death. What was said by this Court in Davis v. Kennedy, 266 U.S. 147 , 45 S. Ct. 33, might have been written of this case: 'It was the personal duty of the engineer positively to ascertain whether the other train had passed. His duty was primary as he had physical countrol of No. 4, and was managing its course. It seems to us a perversion of the statute to allow his representative to recover for an injury directly due to his failure to act ... on the ground that possibly it might have been prevented if those in secondary relation to the movement had done more.' See, also, Unadilla Ry. Co. v. Caldine, 278 U.S. 139 , 49 S. Ct. 91; Frese v. Chicago, Burlington & Quincy R. R. Co., 263 U.S. 1, 3 , 44 S. Ct. 1; Great Northern Ry. Co. v. Wiles, 240 U.S. 444, 448 , 36 S. Ct. 406.
We do not need to inquire whether a different conclusion would follow if the conductor in the caboose had discovered that the engineer had gone upon the main track through a misunderstanding of a later order, and, discovering this, had failed after a substantial interval of time to give warning of a peril that he could have easily averted. Nothing of the kind appears. There is an absence of the essential factors that wake into life the doctrine of the last clear chance. In the first place, the conductor did not know any more than Simpson did that an order had been violated. He was distrustful of his memory, and was looking at the written orders at the moment of the collision. Negligent he may have been, but not [286 U.S. 346, 351] recklessly indifferent to a duty to counteract a peril perceived and understood. Woloszynowski v. N. Y. C. R. R. Co., 254 N. Y. 206, 172 N. E. 471; Inland & Sea-Board Coasting Co. v. Tolson, 139 U.S. 551, 558 , 11 S. Ct. 653. In the second place, the negligence of the engineer and the negligence of the conductor were substantially concurrent. The negligence of the engineer was a continuing one (St. Louis & San Francisco Ry. Co. v. Schumacher, 152 U.S. 77, 81 , 14 S. Ct. 479), for he was under a duty from the moment that he went out on the main track to return to a place of safety. The negligence of the conductor in failing to give warning was not separated by any considerable interval from the consequences to be averted, nor is there any satisfactory proof that warning, if given, would have been effective to avert them. The transaction from start to finish must have been a matter of seconds only. In the brief for the respondent nice calculations are submitted in an attempt to prove that, if the conductor had applied the brakes at once, his train could have been stopped at a point that would have separated it by a space of approximately half a mile from train No. 18 rushing on from the south, and that, if all this had happened, the engineer of No. 18 might have noticed the stationary train in time to stop his own and thus prevent collision. Calculations so nice are unavailing to prove anything except the unity of the whole transaction. The several acts of negligence were too closely welded together in time as well as in quality to be viewed as independent. Kansas City Southern Ry. v. Ellzey, 275 U.S. 236, 241 , 48 S. Ct. 80.
The judgment should be reversed, and the cause remanded for further proceedings not inconsistent with this opinion.

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Last month, in Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., District Judge Marilyn L. Huff of the U.S. District Court for the Southern District of California denied a Motion for Reconsideration filed by Plaintiff Natural Alternatives International, Inc. ("NAI"), and determined that NAI's claim for patent infringement remained dismissed with prejudice. In its complaint, NAI alleged, inter alia, that Defendant Allmax Nutrition, Inc. ("Allmax") infringed NAI's U.S. Patent Nos. 5,965,596; 7,504,376; 7,825,084; and RE45,947 by offering to sell and selling dietary supplements containing beta-alanine in the United States.
In response to NAI's complaint, Allmax filed a motion to dismiss for lack of personal jurisdiction, and NAI countered with a first amended complaint adding HBS International Corp. ("HBS") as a Defendant. Allmax again responded by filing a motion to dismiss for lack of personal jurisdiction, which the District Court denied. Allmax then filed a motion for judgment on the pleadings and HBS filed a motion to dismiss, both of which the District Court granted, with the Court determining that all four patents-in-suit were invalid under 35 U.S.C. § 101 for claiming ineligible subject matter. NAI then moved for reconsideration of the District Court's order dismissing NAI's claim for patent infringement on the grounds that the patents-in-suit are invalid under 35 U.S.C. § 101.
1. A composition, comprising: glycine; and a) an amino acid selected from the group consisting of a beta-alanine, an ester of a beta-alanine, and an amide of a beta-alanine, or b) a di-peptide selected from the group consisting of a beta-alanine di-peptide and a beta-alanylhistidine di-peptide.
7. A composition comprising at least 0.2, 0.3, 0.4, 0.5, 1.0, 1.5, 2.0, 2.5, 3.0, 3.5, 4.0, 4.5 or 5 grams of a peptide or an ester comprising a beta-alanine per dosage.
8. A composition comprising at least 0.2, 0.3, 0.4, 0.5, 1.0, 1.5, 2.0, 2.5, 3.0 grams of a peptide or an ester comprising a beta-alanine in an injectable form per dosage.
11. A composition for humans comprising at least 200, 250, 300, 450, 500, 550, 600, 650, 700, 750 or 800 mg of a beta-alanine per dosage.
5. A composition for increasing beta-alanylhistidine dipeptide in a subject, comprising a mixture of creatine and anserine or balenine in an amount for increasing beta-alanylhistidine dipeptide in a subject.
9. A dietary supplement, comprising a mixture of creatine and anserine or balenine.
13. A method of regulating hydronium ion concentration in a tissue of a subject, comprising administration of a composition comprising a mixture of creatine and anserine or balenine to the subject to increase beta-alanylhistidine dipeptide synthesis in a tissue, whereby the anaerobic working capacity of the tissue is increased.
34. A human dietary supplement for increasing human muscle tissue strength comprising a mixture of creatine, a carbohydrate and free amino acid beta-alanine that is not part of a dipeptide, polypeptide or an oligopeptide, wherein the human dietary supplement does not contain a free amino acid L-histidine, wherein the free amino acid beta-alanine is in an amount that is from 0.4 g to 16.0 g per daily dose, wherein the amount increases the muscle tissue strength in the human, and wherein the human dietary supplement is formulated for one or more doses per day for at least 14 days.
35. A human dietary supplement for increasing human muscle tissue strength comprising a mixture of creatine monohydrate, a carbohydrate and free amino acid beta-alanine that is not part of a dipeptide, polypeptide or an oligopeptide, wherein the human dietary supplement does not contain a free amino acid L-histidine, wherein the free amino acid beta-alanine is in an amount that is from 0.4 g to 16.0 g per daily dose, wherein the amount increases the muscle tissue strength in the human, and wherein the human dietary supplement is formulated for one or more doses per day for at least 14 days.
In its motion for reconsideration, NAI argued that the District Court had clearly erred, in its order dismissing NAI's claim for patent infringement, in concluding that the patents-in-suit are invalid under 35 U.S.C. § 101 for claiming ineligible subject matter. Allmax and HBS contended that NAI's motion for reconsideration should be denied because the motion offered arguments and evidence that NAI either already presented, or could have previously presented, to the Court, and because all of the new arguments presented in the motion lacked merit. Stating that "Plaintiff's attempt to relitigate Defendants' Alice motions through a motion for reconsideration is improper," the District Court denied NAI's motion for reconsideration.
[T]his "inventive concept" would still be insufficient to render the patents-in-suit subject matter eligible under § 101. This "inventive concept" as described by Plaintiff still only describes a natural law: the relationship between supplementing the level of beta-alanine in an individual's diet with the carnosine synthesis that occurs in the individual's tissue. Plaintiff contends that if the patents are directed to achieving an unnaturally high level of carnosine synthesis, then the patents are not directed to a natural law and are subject matter eligible. . . . Plaintiff is wrong. Even if the patents-in-suit relate to achieving an unnaturally high level of carnosine synthesis, the relationship between beta-alanine supplements in one's diet and the achievement of an unnaturally high level of carnosine synthesis is still a natural process that exists in principle apart from any human action and, thus, is a natural law.
Noting that the Supreme Court's decision in Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66 (2012) is instructive to the instant case, the District Court explained that "here, Plaintiff's proposed inventive concept merely sets forth a law of nature—the relationship between a diet containing beta-alanine supplements and the level of carnosine synthesis in the individual's tissue."
Because placing a natural substance into a human dietary supplement to increase the function of tissues is a conventional activity, employing a dietary supplement to administer beta-alanine -- a natural phenomenon -- to achieve a high level of carnosine synthesis in a human -- applying a natural law -- is insufficient to render the claims at issue patent eligible even accepting Plaintiff's proposed construction for the term "human dietary supplement."
In response to NAI's argument that the Court refused to consider and apply U.S. Patent and Trademark Office guidance regarding subject matter eligibility, the District Court stated that "[t]he Court could not have erred by failing to consider PTO guidance that Plaintiff failed to present to the Court." The Court also noted that the USPTO guidance was not binding on the Court.
The District Court therefore denied NAI's motion for reconsideration and determined that NAI's claim for patent infringement remained dismissed.
The determination in this suit by the district court that the claimed invention is patent-ineligible is, itself, patently absurd on its face. What the district court did in this case is also shameful. Just more evidence that the Mayo/Alice framework is nonsensical.
How are claims 34 and 35 ineligible under 101? Where do the things claimed occur in nature? Please, Judge Huff, show me where I can find in nature the mixtures recited in claims 34 and 35.
Another case of a judge making her life easier by conflating the 102 and 103 inquiries with 101, without having to go through a Markman hearing first. Phooey on youey.
This appears to NOT be an isolated incident.
I have a hard time following this ruling. Isn't every drug's action a natural phenomenon?
Drug's work (have utility) ONLY through a natural reaction. That is what is especially pernicious here. There are no drugs that have utility (in and of themselves) WITHOUT the "act of nature."
So (if the logic here stands), you have the Hobson's choice of no utility (in and of the drug itself) or a reliance on a "law of nature" - either of which removes patent eligibility.
Those advocating for the Supreme Court (being Supreme) and legislating from the bench should be careful of that which they wish for, as they may well get it.
Skeptical, I'll see your "yes" and raise you: all of science is predicated on natural phenomena, the idea that things will always behave the same way under identical conditions. This decision, taken to its logical conclusion, would mean that nothing is patentable, because everything is a natural phenomenon.
For what you said is why 35 USC 101 should be interpreted AS WRITTEN, with NO EXCEPTIONS allowed. That's why SCOTUS' nonsensical Mayo/Alice framework has unhinged the determination of patent-eligibility from any sense of logic or law.
All that we have is a Flash of Genius to peer into what happens anyway (in nature).
We, as humans, must still operate in THIS universe, and according to the laws of this universe.
The problem is not "the logical conclusion" or even "taking the logical conclusion too far."
The problem is forgetting that patents are a good thing and that we WANT patents - more of them, faster, and with more assurance that they will be enforced.
The key then is to stay away from the slippery slope of "exceptions" to begin with.
ESPECIALLY when things like "abstract" and "significantly more" are NOT defined and left up to some later judicial member to consider "I know it when I see it."


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Akhmetshin R. R., Aksenov G. A., Anashkin E. V., Aulchenko V. M., Baibusinov B. O., Banzarov V. S., Barkov L. M., Baru S. E., Bondar A. E., Chernyak D. V., Danilov V., Eidelman S. I., Fedotovich G. V., Gabyshev N. I., Grebeniuk A. A., Grigoriev D. N., Ivanov P. M., Khazin B. I., Koop I. A., Kuzmin A. S., Logashenko I. B., Lukin P. A., Lysenko A. P., Maksimov A. V., Merzlyakov Yu I., Nesterenko I. N., Okhapkin V. S., Perevedentsev E. A., Polunin A. A., Popkov E. V., Ptitzyn V. I., Purlats T. A., Redin S. I., Root N. I., Ruban A. A., Ryskulov N. M., Shatunov Yu M., Sher A. E., Shubin M. A., Shwartz B. A., Sidorov V. A., Skrinsky A. N., Smakhtin V. P., Snopkov I. G., Solodov E. P., Sukhanov A. I., Titov V. M., Yudin Yu V., Zavarzin V. G., Brown D. H., Miller J. P., Roberts B. L., Worstell W. A., Thompson J. A., Valine C. M., Cushman P. B., Dhawan S. K., Hughes V. W.
An integrated luminosity ≈ 4000 nb-1 of around θ meson mass (5.0 × 106 of θ's) has been collected with the CMD-2 detector at the VEPP-2M collider. The latest analysis of the KSKL coupled decays based on 30% of available data is presented in this paper. The KSKL pairs from θ decays were reconstructed in the drift chamber when both kaons decayed into two charged particles. From a sample of 1423 coupled decays a selection of candidates for the CP-violating KL -> → π+π- decay was performed. CP-violating decays were not identified because of the dominance of events with a KL regenerating at the Be beam pipe into Ks and a background from KL semileptonic decays. The regeneration cross section of 110 MeV/c KL's was found to be σBe reg = 53 ± 17 mb, in agreement with theoretical expectations. The angular distribution of Ks's after regeneration and the total cross section of KL for Be have been measured. © 1997 Published by Elsevier Science B.V.

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W005MG JGD Miniature single phase glass passivated bridge rectifier. Max recurrent peak reverse voltage 50 V. Max average forward rectified current 1.5 A.
KBU810G JGD Single phase 8.0 A glass passivated bridge rectifier. Max recurrent peak reverse voltage 1000V.
SR104 JGD Schottky barrier rectifier. Max recurrent peak reverse voltage 40 V. Max average forward current 1.0 A.
3EZ43D3 JGD 3 W, silicon zener diode. Nominal voltage 43 V, current 17 mA, +-3% tolerance.
1N957A JGD 0.5W, silicon zener diode. Zener voltage 6.8V. Test current 18.5mA. +-10% tolerance.
1N4752C JGD 1W zener diode. Nominal zener voltage 33V. 2% tolerance.
1N5940B JGD 1.5 W, silicon zener diode. Zener voltage 43V. Test current 8.7 mA. +-5% tolerance.
SMAJ13C JGD 400 W peak pulse power. Surface mount transient voltage suppressor. Working peak reverse voltage 13 V. Bidirectional.
1N958C JGD 0.5W, silicon zener diode. Zener voltage 7.5V. Test current 16.5mA. +-2% tolerance.
KBU808 JGD Single phase 8.0 A silicon bridge rectifier. Max recurrent peak reverse voltage 800V.
1N5536 JGD 0.4 W, low voltage avalanche diode. Nominal zener voltage 16.0 V. Test current 1.0 mAdc. +-20% tolerance.
SMBJ7.5A JGD Surface mount transient voltage suppressor. Breakdown voltage 8.33 V (min), 9.21 V (max). Test current 1.0 mA.
1EZ120D5 JGD 1 watt silicon zener diode. Nominal zener voltage 120V at 2.0mA.
SMBJ5944 JGD 1.5W silicon surface mount zener diode. Zener voltage 62 V. Test current 6.0 mA. +-20% tolerance.
HER105G JGD 1.0A, glass passivated high efficiency rectifier. Max recurrent peak reverse voltage 400V.
SMAJ120C JGD 400 W peak pulse power. Surface mount transient voltage suppressor. Working peak reverse voltage 120 V. Bidirectional.
SMBJ5929D JGD 1.5W silicon surface mount zener diode. Zener voltage 15 V. Test current 25.0 mA. +-1% tolerance.
S2M JGD Surface mount rectifier. Max recurrent peak reverse voltage 1000 V. Max average forward rectified current 1.5 A.
1N5929D JGD 1.5 W, silicon zener diode. Zener voltage 15V. Test current 25 mA. +-1% tolerance.
SMAJ28C JGD 400 W peak pulse power. Surface mount transient voltage suppressor. Working peak reverse voltage 28 V. Bidirectional.
3EZ17D5 JGD 3 W, silicon zener diode. Nominal voltage 17 V, current 44 mA, +-5% tolerance.
SMBJ5941B JGD 1.5W silicon surface mount zener diode. Zener voltage 47 V. Test current 8.0 mA. +-5% tolerance.
1N4617 JGD 500mW low noise silicon zener diode. Nominal zener voltage 2.4V.
1N4742C JGD 1W zener diode. Nominal zener voltage 12V. 2% tolerance.
P6KE250C JGD 400 Watt peak power. Transient voltage suppressor diode. Nominal voltage 250 V. Bidirectional.
SF33G JGD Glass passivated super fast rectifier. Max recurrent peak reverse voltage 150 V. Max average forward current 3.0 A.
ZMM5234D JGD Surface mount zener diode. Nominal zener voltage 6.2 V. Test current 20 mA. +-20% tolerance.

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Plaintiff Marvin L. Mosley, a state prisoner appearing pro se, appeals the district court's entry of summary judgment in favor of the defendants on his 42 U.S.C. § 1983 claims. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
Mosley is incarcerated at the Cimarron Correctional Facility (CCF) in Cushing, Oklahoma. He filed a complaint in federal district court against the Warden of CCF, the Director of the Oklahoma Department of Corrections, and several CCF medical staff. The complaint alleged that the defendants denied him adequate medical treatment, access to the courts, and equal protection. The magistrate judge ordered the defendants to file a report pursuant to Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). After reviewing the report, the magistrate judge recommended entry of summary judgment in the defendants' favor. Over Mosley's objection, the district court adopted the recommendation and granted the defendants' motions for summary judgment.
Mosley timely appeals, contending the district court erred in granting summary judgment on each of his three claims. He also alleges the defendants retaliated against him for filing this litigation by unconstitutionally censoring his mail and denying medical treatment.
We review a summary judgment order de novo, considering the evidence and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. Cooperman v. David, 214 F.3d 1162, 1164 (10th Cir. 2000). Summary judgment is proper only when there are no genuinely disputed material issues of fact and the moving party is entitled to judgment as a matter of law. Id.
The district court did not err in granting summary judgment on Mosley's inadequate medical treatment claim, which was based on the defendants' refusal to refill a particular prescription medication. Prison officials violate the Eighth Amendment if they are deliberately indifferent to the serious medical needs of persons in their custody. Perkins v. Kansas Dep't of Corrections, 165 F.3d 803, 811 (10th Cir. 1999) (citing Estelle v. Gamble, 329 U.S. 97, 104-06 (1976)). The uncontroverted evidence in this case reflects that the prescription Mosley sought to have refilled was discontinued because a CCF physician determined it was no longer needed, that a different medication was prescribed but Mosley refused to accept it, and that Mosley then missed his next three appointments with the CCF medical staff. Because Mosley merely disagrees with his prescribed course of treatment, he has not stated an Eighth Amendment claim. Ledoux v. Davies, 961 F.2d 1536, 1537 (10th Cir. 1992).
Nor did the district court err in granting summary judgment on Mosley's access to courts claim, which was based on the defendants' alleged failure to help him prepare a section 1983 complaint. The Due Process Clause of the Fourteenth Amendment guarantees state inmates the right to access the courts, not a right to receive legal assistance. Penrod v. Zavaras, 94 F.3d 1399, 1403 (10th Cir. 1996). Because Mosley has not alleged that the purported denial of his request for legal assistance actually "hindered his efforts to pursue a legal claim," Lewis v. Casey, 518 U.S. 343, 351 (1996), his due process claim is without merit.
Finally, the district court properly granted summary judgment on Mosley's equal protection claim, which was based on his allegation that he received inferior medical treatment due to his race and status as an inmate. The Equal Protection Clause of the Fourteenth Amendment provides that no State may deny any person within its jurisdiction the equal protection of the laws. Mosley has offered no evidence to show that any of the defendants intentionally discriminated against him because of his race or status as an inmate. His conclusory allegations that the defendants violated the Equal Protection Clause are insufficient to survive summary judgment.
We decline to address Mosley's retaliation claim because he did not allege that cause of action in his complaint. FDIC v. Noel, 177 F.3d 911, 915 (10th Cir. 1999). Indeed, as the district court noted in its summary judgment order, Mosley argued retaliation in his objections to the magistrate judge's recommendation but never sought leave to amend his complaint to add that claim.
The judgment of the district court is AFFIRMED. Mosley is reminded that he remains obligated to continue making partial payments of the appellate filing fee pursuant to 28 U.S.C. § 1915(b). The mandate shall issue forthwith.


text:
By Paul V Loiselle, 1982.
(This article was originally published in "Frashwater and Marine Aquarium" April 1980, pp. 30-35, 67. It is here reproduced with the permission of author Paul V. Loiselle).
Perhaps the most noteworthy development in the aquarium hobby has been the explosive increase in the number of available cichlid species since the mid 1960's. The large absolute number involved conveys the impression that this phenomenon involves African cichlids exclusively. Such an impression is highly erroneous. Prior to the pivotal year 1964, the rich cichlid fauna of Central America was represented by three commercially available species: Thorichthys meeki, the Firemouth; Archocentrus nigrofasciatus, the Convict Cichlid; and Cichlasoma octofasciatum, the Jack Dempsey. Today, thirty Central American cichlids are available, a ten-fold increase (Editor note: the article was written in 1980, today in 1998 almost a hundred Central American cichlid species are available in the cichlid hobby). Of these twenty seven additional species, five are re-introductions of species earlier imported into Germany or the United States while twenty two are complete newcomers.
Figure 1: (Top-left) A young male of the red and white piebald morph of the red devil, Amphilophus labiatus. The color pattern of this strain, developed by Beldt's Aquarium. Figure 2: (Top-right) A male of the solid red morph of Amphilophus labiatus. Careful attention to diet has preserved the vivid coloration of this specimen, owned by Jean K. Davies. However, the massive hypertrophy of the lips seen in freshly imported or pond-reared animals is barely hinted at in this red devil. Figure 3: (Bottom-left) A breeding pair of the gold morph of Amphilophus citrinellus. The nuchal hump of the male, the larger of the two fish, is only modestly developed for a sexually active individual. Figure 4: (Bottom-right) This parental female of Amphilophus citrinellus shows the normal banded morph at its most colorful. Were it not for the existance of Oligomelanic morphs of both species, it seems most improbable that either A. labiatus or A. citrinellus would be kept as an aquarium fish. Photographed at Steinhart Aquarium.Photos by Paul V. Loiselle.
Without doubt, the most spectacular of these newcomers were the large, orange-red, thick-lipped cichlids from the Great Lakes of Nicaragua, christened Red Devils. Schofield (1965a) commented on their variability with respect to lip development and body color, a fact also recognized in the vernacular German name for A. labiatus  Variabler Buntbarsche -. After consulting several ichthyologists, some with field experience in Nicaragua, Schofield (1965b) tentatively concluded that the large-lipped, orange-red cichlids were Amphilophus labiatus, while the names A. citrinellus and A. erythraeus applied respectively to the yellow and red color forms of another, simple-lipped species. The chief difficulty in correctly identifying these fish stemmed from their remarkable polymorphism, which led, in the context of the limited material available to early workers, to the description of eight nominal species. As pointed out by Miller (1966), by even the most generous appraisal, the total number of published names substantially exceeded the number of biological entities in question. The most recent treatment of this problem (Barlow and Munsey, 1976), concludes on the basis of morphological, behavioral, developmental and ecological evidence that all of the nominal species can be related to the synonymy of two, Amphilophus labiatus (Günther) and A. citrinellus (Günther), while describing a third, previously undiscovered derivative of the latter, A. zaliosus.
These three species were assigned to the subgenus Amphilophus of the then Cichlasoma genus. The fourth member of the quartet I will treat herein, Amphilophus trimaculatus (Günther) is generally referred to the genus Nandopsis. I believe this classification to be in error. Amphilophus trimaculatus lacks the wide, highly protractile jaws of Nandopsis tetracanthus, type species of that genus, and of related Parachormis species such as P. dovii and P. managuense. It also differs completely from the true guapotes with respect to color scheme and sexual dimorphism. In general morphology and behavior A. trimaculatus is virtually indistinguishable from Amphilophus of the A. labiatus group. The same observation can be made of female breeding dress. I consequently believe that A. trimaculatus may more reasonably be regarded as the Pacific slope cognate of the A. labiatus species group. Table 1 presents the scientific and common names of these four species, their dates of importation into the United States, their synonymies and a synopsis of relevant distributional and ecological data.
Aquarists rarely have trouble recognizing A. trimaculatus, whose distinctive color pattern sets it well apart from the other three species in question. Neither are large, wild-caught adults of the other three species easily confused. However, distinguishing juveniles  particularly prior to color metamorphosis  is difficult under any circumstances. The aquarist, dealing with tank-raised specimens, may also be forgiven occasional perplexity about the identity of his pets. This confusion arises from two sources. First, the enlarged lips of A. labiatus regress quickly under aquarium conditions, while the color of both the Midas Cichlid and the Red Devil tends to fade in captivity. This complicates the identification of even genetically pure stocks.
Figure 5: (Top-Left) The spindle-shaped body and distinctive lateral banding identify this specimen as Amphilophus zaliosus. In nature, the arrow cichlid is an open water dwelling species, unlike its bottom dwelling relatives. Photographed at Steinhart aquarium. Figure 6: (Top-right) A sexually inactive male Amphilophus trimaculatus. The vivid coloration of the iris has led to this species being christened Red-eyed cichlid by some aquarists. Figure 7: (Bottom-left) A sexually active male Cichlasoma trimaculatum. The derivation of both the scientific name of this species as well as its common name of three-spot cichlid is self-evident from this photograph. Figure 8: (Bottom-right) Parental female Cichlasoma trimaculatum. Note the similarity between the color patterns of parental females of this species and Amphilophus citrinellus. The distinctive pattern of lateral spots is almost completely obscured in the female Three-spot cichlid at this time. Photos by Paul V. Loiselle.
Second, the small numbers of fish initially imported, the confusion over the number of species involved and the great eagerness to spawn them led initially to a great deal of indiscriminate hybridization. While all these cichlids display strong preferences for conspecific mates, they will hybridize in a no-choice situation (Bayliss, 1976). There is even some evidence that introgressive hybridization between A. labiatus and A. citrinellus may have occurred in the past in some of the smaller crater lakes (Barlow, 1976). The progeny of such shotgun marriages are as viable and fertile as the parental species. Thus the first few tank-reared generations were pretty much of a genetic omelette. With the passage of time, these fish have converged phenotypically on A. labiatus. Subsequent commercial importations have consisted exclusively of large-lipped, bright red animals. These obvious A. labiatus have been pond-bred in Florida for nearly ten years, and their offspring have dominated the market during this interval. The original hybrids have been effectively swamped through crossing with such pure A. labiatus.
Today, most tank-reared Red Devils are phenotypically recognizable A. labiatus, though one still encounters the odd individual whose deeper body and blunter snout proclaim the presence of a Midas Cichlid in the rock pile in the recent past!
To return to the problem of telling one species from the other, Table 2 presents several diagnostic features aquarists should find useful in identifying these fish. Additionally, individuals of A. citrinellus are usually deeper bodied than are comparably sized specimens of the other two species. However, this characteristic is influenced by environmental considerations and varies so markedly that it is not a reliable means of differentiating between these cichlids.
Of the four species, A. labiatus is by far the most commercially available, followed by A. trimaculatus. All the A. citrinellus available to hobbyists are ultimately descended from pure stocks maintained by Barlow for research purposes. The same is true for A. zaliosum, which has been released only in small numbers. Its unattractive coloration and belligerence have apparently discouraged efforts to breed it, and I doubt the Arrow Cichlid will ever be available to hobbyists. There are too many more desirable Amphilophus available to make A. zaliosum worth a breeder's while to spawn and rear.
Figure 9: Overhead view of the upper jaw of Amphilophus labiatus (A) and Amphilophus citrinellus (B). Drawing by Paul V. Loiselle.
The maintenance requirements of this quartet of species are no different from those of other large cichlids. These have been detailed elsewhere (Loiselle, 1978a,b; Mortensen, 1978) and I will not repeat them here. I will emphasize the importance of careful management of the nitrogen cycle to their successful maintenance. A high-speed outside power filter charged with an easily cleaned, reusable medium such as Ehfi-Fix® will remove the particulate waste produced by these gluttonous, messy feeders. 50% to 60% water changes every 7 to 10 days will prevent a dangerous build-up of toxic dissolved metabolites.
Like other large Cichlasoma species, these fish are easily fed. Any of the usual live foods and meaty prepared foods are eagerly taken. If not fed the appropriate pigment precursors, notably b-carotene and canthaxanthin, Midas Cichlids and Red Devils will lose their vivid coloration. Live goldfish, appear to provide one source of these precursor compounds. Most aquarists will find the formula developed by Barlow and Capetto (1974) more convenient and economical.
The extreme belligerence of these cichlids poses the greatest obstacle to their successful management. Though it pains me to say it, all the unfavorable things written about cichlids over the last 75 years are true of this foursome. They are predatory, aggressive and dig prodigiously! Single specimens housed with comparably sized fishes in large (300 l-400 l) aquaria pose the fewest problems. Single specimens housed alone in smaller tanks (100 l-200 l) make highly interesting "pet fish." I add, in passing, that obsessive digging and such quirks as flipping filter intake tubes and heaters onto the floor are more often encountered among such solitary fish. I don't think I am too far off the mark when I ascribe such behavior as response to the acute boredom generated by such a stimulus-poor environment. Serious problems usually arise when several specimens of the same species are housed together alone or in a community tank. Fairly social in nature, all are acutely intolerant of the proximity of conspecifics in captivity. Unmated fish arrange themselves in a linear peck order whose operation results in the emergence of a single survivor, or, if their tank is large enough and both sexes are present, a single pair. Such a pair will live fairly amicably with other large fish until the female is ready to spawn. Survival of their tankmates past this point is purely a function of tank size. If they can move beyond the limits of the pair's territory and stay well away, they are safe. If not, their remaining existence will be brutish, unpleasant and brief. Providing rock caves and breaking the bottom up into several territorial foci will help matters somewhat, but it is sorely tempting fate to try housing a pair of these fish in a community tank of less than 400 l capacity.
Spawning under community conditions usually proceeds with no complications. Assuming the other residents can survive the experience, this is the least chancy approach to breeding any member of this quartet. Attempts to spawn these cichlids on a single pair basis are more dangerous. Unless appropriate precautions are taken, a badly injured or dead female is more likely to result than a successful pairing. The traditional approach involves separating the prospective pair with a transparent partition, which is removed when the female begins to show an ovipositor. This approach has the best chance of success if the female is 85% the size of her prospective mate (Barlow, 1976; Barlow, Rogers and Capetto, 1978) and the tank is well supplied with hiding places she can enter but the larger male cannot. Providing a scapegoat for the pair's aggressive tendencies in the form of an adjacent tank containing other visible larger fish also facilitates pairing. None of these gambits is a substitute for close surveillance of the prospective partners following removal of the partition. Given the speed with which a male can trash a female, even a ten minute lapse of attention can have serious consequences. If the female is ready to spawn, nothing more violent than reciprocal tail beating and brief bouts of jaw locking should follow. If, on the other hand, the male begins biting and chasing the female in earnest, the two fish should be separated and another effort made to pair them up 24 hours later.
If playing marriage broker is not to one's liking, resort may be had to the incomplete divider method of spawning large substratum spawning cichlids. This approach reduces risk of female injury to nothing and is the method of choice when dealing with single pairs of irreplaceable fish. A screen divider either separates the fish or a glass pane stopped 2-3 cm short of tight contact with the tank bottom. On the female side, a vertical spawning substratum is placed no more than 20 cm away from the divider. The fish will go through the spawning sequence even if physically separated. While the distance between the male and the egg mass precludes 100% fertilization of the spawn, even partial success will result in as many fry as most aquarists are likely to want to rear.
Assuming that courtship is accomplished without mayhem, the pair will go through the spawning pattern herein illustrated for A. citrinellus. The grey to olive-tan elliptical eggs measure c. 2.0 mm along their major axis. They hatch in 2 days at 27°C, and the fry are mobile 4 days later. Artemia nauplii, microworms and finely divided prepared foods are eagerly taken. The fry of the three Nicaraguan species also nibble mucus from the flanks of their parents (Noakes and Barlow, 1973). Their growth is rapid, and given that spawns can range from 2000 to 7500 eggs, such attentions can cause serious injury to the usually acquiescent parents, who lack the space to move away from their insistent progeny. Bouts of abrupt fin-flicking are the first indication that this mucus feeding has reached bothersome proportions. If the fry are not separated from their parents at this point their grazing can result in the appearance of ragged fin margins and open sores on the flanks.
Figure 10-12: (Top-Left) Show the pre-spawning interaction between a pair of Amphilophus citrinellus. The female (foreground) shows a prominent ovipositor, a sure sign of inminent spawning. The spawning secuence, Figure 13: (TOP Left and right), Amphilophus citrinellus spawn on a vertical surface, preferably within an enclosed space. A 25 cm. clay flowerpot, cut lengthwise in half, is an excellent spawning site for the Midas cichlid and the other members of this group. The female initiates spawning by making several "dry runs" over the spawning site, followed closely by her consort. With the appearance of the first eggs, spawning begins in earnest. At this conclusion, the female fans and mouths the eggs, while the male keeps intruders at a distance.
Figure 14: (TOP-Left) The yolk-sac fry of A. citrinellus, like those of other substratum spawning cichlids, have paired adhesive head glands that permit them to adhere to the bottom and to one another even in the face of a fairly strong current. Figure l5: (TOP-Right) The immobile fry are usually moved several times to pre-dug pits before they become free swimming. The fish illustrated is the female, but both parents actually share this task. Figure 16: (ABOVE-Left) This swarm of free swimming fry represent about 25% of the total spawn produced by this pair. The remarkable fecundity of these large cichlids is an adaptation to the intense predation pressure faced by these species in nature. It makes the sibling cannibalism that usually begins about four weeks post-spawning seem a blessing to most aquarists rather than a curse. Figure 17: (ABOVE-Right) The hobbyist imprudent enough to stick his hand into the midst of this touching family tableau would most likely have it well bitten for his pains! These robust mojarras have little difficulty drawing blood in their attacks. Despite the vigilance of their formidable protectors, fewer than l0% of the fry produced by a single spanning survive to the age of a month in nature. Photos by Paul V. Loiselle.
By their sixth week, the fry measure from 10.0 mm to 15.0 mm TL. Unless some effort is made to sort the fry, this size disparity will lead to sibling cannibalism by the beginning of the second month. As very few aquarists have the space  or motivation  to rear several thousand cichlid fry of a species with very limited commercial possibilities, this tendency to dine within the family is usually considered the manifestation of a beneficent Providence rather than a calamity.
The species-typical black markings of all four species develop at c. 3.0 cm TL. The young of Red Devils and Midas Cichlids, unlike those of other oligomelanic cichlid morphs, are not depigmented at birth. Age at color metamorphosis in A. labiatus and A. citrinellus is variable. Shut-down of melanin synthesis in nature is delayed until the fish are 10.0-15.0 cm Sl, too large to be vulnerable to most of their predators. Unconscious selection for precocious metamorphosis in A. labiatus has resulted in strains in which some individuals in a spawn begin to change color as early as three months of age, while virtually all the young have metamorphosed by 18 months of age. The Midas Cichlid seems a bit slower in this regard. Young reared in Barlow's lab rarely begin metamorphosis earlier than their seventh month, and some individuals may wait two or three years before undergoing color change. When one considers that these fish can begin spawning at 9-10 months of age, it is perfectly possible for an individual to have bred several times as a normally colored fish before developing an oligomelanic color pattern. This variability in color metamorphosis has complicated the study of how oligomelanism is inherited in these cichlids. According to Barlow (pers. comm.) yellow A. citrinellus do breed true, all the offspring of oligomelanic parents ultimately turning yellow. The same holds true of A. labiatus (Macrum, pers. comm.).
The first Red Devils imported commanded asking retail prices of up to $500 each. Yet neither A. labiatus nor A. citrinellus has managed to attain the popularity or commercial importance of their African cousins. The economics of mass-producing a fish that must be withheld from the market until color metamorphosis makes it saleable are a partial explanation. But I suspect the problems of managing such large, aggressive cichlids are chiefly responsible for lack of interest in either polymorphic species or in A. trimaculatus. This is unfortunate, for these large Heroine species display a level of interactive behavior with few equals among fishes, and are both hardy and handsomely colored in the bargain. So if you are growing bored with an endless succession of Malawian mouthbrooders and want to take on a cichlid whose management is a real challenge to your abilities as an aquarist, give one of these mojarras a try. They may exasperate, frustrate and infuriate you by turns, but I can guarantee that they will never, ever bore you!
Barlow, G.W. and R. Cappetto. 1974. A food for all pisces. Buntharsche Bull. (45): 18-21.
Baylis, J.R. 1976. A quantitative study of long-term courtship. I. Ethological isolation between sympatric populations of the Midas cichlid Cichlasoma citrinellum and the arrow cichlid, C. zaliosum. Behavioar 59: 59-69.
Loiselle, P.V. 1978a. Two living treasures from the land of the Mayans. F.A.M.A. 1(10): 15-17 est seq.
Schofield, D. 1965a. The Red Devils. Aquar. J. 36(1): 5-13.
Loiselle, Paul V. (November 07, 1998). "The Amphilophus labiatus Species Complex". Cichlid Room Companion. Retrieved on April 21, 2019, from: https://www.cichlidae.com/article.php?id=106.

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Book Details: Titles in this collection of antiquarian American history include "The Life and Letters of a Forty-Niner's Daughter," authored and signed by Aurora Esmeralda; "On the Trail of the Immigrant," by Edward Steiner; a history of Lewiston, Maine; "De Soto in the Land of Florida,: and the autobiographical "Buffalo Bill's Life Story."
Book Details: This sumptuous collection of art history reference is composed of lavishly illustrated, large-format volumes. Included are books of the artful photographs of Provence (in slip-case), the rocks of Gloucester, Massachusetts and of lusciously pregnant women, "Silk Designs of the Eighteenth Century" (also in slip-case); the grafitti art of Peter Kuper, and a catalog from a show by the painter Mel Bochner. Two volumes are signed: the "Chicago Sketchbook," by Bill Olendorf, and a catalog of the paintings of Robert Glenn Ketchum. Also included is a packet of materials by and about the painter and illustrator Harry Devlin, a long-time, prominent resident of Westfield, New Jersey, known for his architectural portraits, children's books, and commercial art. The packet includes autographed catalogs of retrospectives, signed letters, and original family photographs.
Author: Sir John Barrow - Sir John Barrow, 1st Baronet, FRS, FRGS was an English statesman.
Condition / Notes: Antique volume is bound in blind-stamped maroon cloth with stamped gilt lettering to spine and green clover on front cover. The volume shows very light external wear, and is solidly bound with clean, unmarked pages. Previous owner's name appears on front endpaper.
Details: Included in this unusual collection of antique postcards is a vintage 1935 booklet of cards from Lithuania, showing kings, knights, and heroes from that country's history. Other interesting items include a set of cards from Centralia, PA, which no longer exists due to an underground fire that has burned for more than a century; many real photo postcards (RPPCs), and cards showing military, battleship and ocean liner, and Coney Island scenes. Several cards are handsome chromolithograph Christmas and other holiday cards. Other antique cards show scenes along the Riviera, including Marseille; and one shows Andrew Jackson's slave, "Uncle" Alfred.
Condition / Notes: These postcards are generally in good, intact condition with some age/wear indications; older items are more likely to have advanced flaws.
Book Details: This large collection of vintage and antiquarian books on nature and its appreciation includes works on agriculture and wild and domestic animals. Certain volumes focus on bears, snakes, insects, wildflowers, birds, and whales. Several books are on hunting of various game. Three books, with dust jackets in Mylar, are by the noted nature Canadian writer Farley Mowat.
Book Details: This collection of antique Massachusetts history is led by a handsome five-volume set on the history of the Commonwealth by Albert Bushnell Hart (1930). Supplementing it is an older, three-volume set on the state's history by John Stetson Barry (1857). Also included are histories of the towns of Winchester and Plymouth.
Book Details: This lot includes the group of antique books on American history shown in the corresponding image(s). Among the titles in this collection are a hardcover edition of "The One Hundred and Fiftieth Anniversary, 1748-1898, of the Congregational Church of East Hampton, (Chatham,) Conn," "In My Youth: From the Posthumous Papers of Robert Dudley" (The Bobbs-Merrill Company, Publishers, 1914), and a two-volume edition of "George Washington" (Houghton, Mifflin and Company, 1895) by Henry Cabot Lodge, part of the American Statesmen series.
Details: This collection of vintage and antique printing blocks includes nineteen pictorial ones of copper or lead mounted on wooden blocks; and a cigar box full of wooden alphabet blocks in different sizes and type faces. Among the pictorial blocks are goth motifs, like the devil or the zodiac with a skeleton; different sports, advertising, anatomical, undersea creatures, and patriotic themes -- the figure of Columbia, a parade drum major, and the Liberty Bell.
Condition / Notes: These printing blocks are in very good condition.
Book Details: This is a scarce history of the Western Hemisphere, covering aboriginal America, the history of British, Spanish and Portuguese America, as well as various aspects of the history of the United States (treating in detail the adoption of the Constitution). There is a exhaustive and generally critical account of the printing and manuscript sources and of the secondary authorities on American history.
Condition / Notes: Antique set is bound in three-quarter leather, with raised bands and gilt lettering to spines. These ex-library books show mild external wear, with taping to lower portions of spines and wear to edges. Name of library has been stamped to bottom and top edges of text blocks. Bindings are firm. Volumes have marbled endpapers and gilt top edges. Discreet library markings appear on title pages. Card pockets and bar code strips can be seen on rear pastedowns. Mildly age-toned pages do not appear to have library markings. The work is richly illustrated with facsimiles of maps, historical illustrations and portraits.
Condition / Notes: Antique volume is bound in gray cloth with stamped gilt lettering to front cover. Ex-library book shows external wear, with label taped to spine and light soiling to covers. Binding is firm. Antique library bookplate can be seen on front pastedown. Library markings are visible on verso of title page and card pocket is attached to rear flyleaf. Pages of text are clean and without markings. This work is illustrated with a tissue-guarded frontispiece.
Book Details: V. 1. Feb. 3, 1764-Mr. 2, 1789. Town meetings and selectmen's records. 1898; V. 2. Feb. 9, 1789-Apr. 18, 1796. Town meetings, selectmen's and miscellaneous records ... also vital statistics (from ms. 1 and 2) 1899; V. 3. Vital statistics (from ms. v. 2, 4, and 5. bringing record down to 1843) and miscellaneous records. 1900; V. 4. Apr. 20, 1796-Dec. 4, 1809. Town meetings and selectmen's records. 1901; V. 5. Feb. 14, 1810-Oct. 31, 1829. Town meetings and selectmen's records. 1902; V. 6. Feb. 13, 1830-Jan. 1, 1844. Town meetings and selectmen's records. 1903; V. 7. Mar. 4, 1844-Jan. 21, 1850. Town meetings and selectmen's records. 1907; V. 8. Birth, May 1843-1849, marriages, May 1844-Oct. 1851, and deaths, May 1845-1855. 1913.
Condition / Notes: Antique set is bound in brown/black cloth over beveled boards with bright stamped gilt lettering to spines and front covers. Ends of spine may display minor fraying. Books otherwise show light external wear. Bindings are firm. Name of library is blindstamped on title page. No other institutional markings or attachments are present. Interiors are clean and without markings. This work is illustrated with tissue-guarded plates.
Author: Frances Hodgson Burnett - Frances Eliza Hodgson Burnett was an English-American playwright and author. She is best known for her children's stories, in particular "Little Lord Fauntleroy" (published in 1885-6), "A Little Princess" (1905), and "The Secret Garden" (1911).
Condition / Notes: Antique volume is bound in light blue cloth with stamped dark blue lettering to spine and front cloth. Pastedown appears on front cover. Book shows external wear, with light soiling to covers and loss of lower left corner of pastedown. Binding is cracked at page 51. Pages display occasional smudging and/or spotting at margins. Work is illustrated with color plates.
Book Details: This extra-large lot of New York City and state history is dominated by a handsome eleven-volume set of "Messages from the Governors," which comprehensively covers the years 1683-1906. Many government reports and bulletins from different state agencies and departments accompany it. Individual volumes document the histories of Oneida County and the cities of Binghamton and Oswego, and several books highlight aspects of NYC. Literary cachet is imparted by Edmund Wilson's book, "Upstate."
Book Details: This group of antiquarian science and technology books has volumes on the scientific method and its practice; as well as practical volumes on the physics of light and refraction, the cultivation and manufacture of rubber, early electrical manuals, and a U.S. Department of Commerce directory of amateur radio stations in the 1920s.
Book Details: This lot includes the group of vintage and antique books on Canadian and European history shown in the corresponding image(s). Among the titles in this collection are the second volume of "The Postage Stamps and Postal Stamps of Canada: A Handbook for Philatelists" (Chambers Publishing Company, 1945, in dust jacket) signed by author Winthrop S. Boggs, "A Portrait of Canada" (Oxford U. P., 1943, in dust jacket) by Jasper H. Stembridge, jand "My Past" (G. P. Putnam's Sons, 1913) by Countess Marie Larisch.
Book Details: This lot includes the group of antique compilations of The Gentleman's Magazine: and Historical Chronicle shown in the corresponding image(s). These volumes contain the issues of this periodical corresponding to the years 1808 and 1809. Texts are in double column. Title pages are illustrated. These volumes contain numerous engraved plates, including portraits, a view of the west front of York cathedral, images of fragments of Bermondsey Abbey, and of Mendham Priory Church and Chapel.
Condition / Notes: Volumes are bound in green cloth. Volumes for 1808 show taping to spine and mild external wear, with light soiling to covers. Volumes for 1809 display greater wear, with detaching portions of spine covers. Bindings are firm. Pages display very occasional light foxing.
Condition / Notes: Antique volume is bound in blind-stamped brown cloth with stamped gilt lettering to spine. Ex-library book shows taping to spine with call number label at its foot. Spine cover lacks top inch and a half. Minor loss of material can be seen at outside corners. Name of library is stamped on bottom edge of text block. Binding is firm. Library markings in pencil appear on copyright page. No other institutional markings or attachments are visible. Pages display occasional pencil marginalia and very sporadic foxing, largely confined to margins. Illustrated with an intact ethnographic tableau, measuring 29.75" x 29.5" when folded out, exhibiting tear along one fold of bottom row and small tears at intersection of folds. This work also contains an intact fold-out chart, "Illustrative of the Geographical Distribution of Monkeys," at rear of volume. All called-for lithographic plates are present. Book is also illustrated with in-text drawings.
Book Details: This collection of antiquarian American history includes several leather-bound volumes on the Civil War. One is a biography of Abraham Lincoln. "A Brief Narrative of the Fourth Tennessee Cavalry Regiment," by George B. Guild is bound in green cloth. Other decorative volumes include a biography of George Washington and "Woman's Work in the Civil War."
Book Details: This lot includes the group of books shown in the corresponding image(s). Among the titles in this collection are a first edition of "Sunshine and Teardrops: A Book of Poems" (Vantage Press, 1970, in dust jacket) signed by author Mimi Piombino, "Whar' the Hand o' God Is Seen and Other Poems" (New York Lyceum Publishing Co., 1913) and "The Poet Scout: A Book of Song and Story" (Funk & Wagnalls, 1886) signed by author Jack Crawford.
Publisher: T. Nelson & Sons Ltd.
Condition / Notes: Antique volume is bound in green cloth with black lettering and decorative designs to front cover. Seal stamped in gilt appears at center of front cover. Book shows moderate external wear. Binding is sound. Edges of text block are foxed. Inscription on front pastedown reads "Prize / presented to / Hugh John Salberg / for / good work / in / Form IV. July, 1931. / Geo. E. Wollen, M. A. Cantab." Pages display occasional foxing. This work contains in-text and full-page illustrations by Honor C. Appleton.
Book Details: This lot includes the group of vintage and antique collectible books on aviation history shown in the corresponding image(s). Among the titles in this collection are ""There I Was...Flat on My Back"" (Aero Publishers, Inc., 1975, in dust jacket) signed by author Bob Stevens, "Back from the Deep: The Strange Story of the SIster Subs Squalus and Sculpin" (Naval Institute Press, 1994, in dust jacket) signed by Carl la Vo, with photographs of crew and veterans laid in, "Complete Model Aircraft Manual" (Harcourt, Brace and Company, 1933) by Edwin T. Hamilton, and "The Student Pilot's Training Primer" (D. Van Nostrand Company, Inc., 1942, in dust jacket).
Book Details: This lot includes the group of collectible books on finance, industry and commerce shown in the corresponding image(s). Among the vintage and antique titles in this collection are a 1975 edition of "History of Shimano" (Shimano Industrial Co., Ltd., 1975, in dj and slipcase) signed by Yoshio (?) Shimano, a first edition of "When Foreman and Steward Bargain" (McGraw-Hill Book Company, Inc., 1945) signed by author Glenn Gardiner, a first edition of "World Commodities and World Currency" (McGraw-Hill Book Company, 1944) by Benjamin Graham, and "Essays in Persuasion" (Harcourt, Brace and Company, 1932) by John Maynard Keynes.
Book Details: Three thick mulberry-colored volumes of the "Legal and Judicial History of New York" (1911) dominate this collection, which also includes "Letters from New York" from the prolific Lydia Maria Child (1848). Other titles are "Highway Manual of New York" (1893) and "The Lives of the Governors of New York" (1851).
Book Details: The preponderance of these reference works on military history concern World War I, and most of them were written by participants and observers, including aviators. Books on World War II focus on naval operations, Chiang Kai-Shek, and other topics. Included is a three-volume set, "The Ineffective Soldier: Lessons for Management and Nation," by Eli Ginzburg (1959); and three volumes on the history of the British Empire between the years 1754-1763. Interesting single volumes include a United States Air Force biographical dictionary, a submarine signal log, and an ambitious study of the Roman army.
Book Details: This lot includes the group of antique books on theology and church history shown in the corresponding image(s). Among the titles in this collection are a first edition of "A Description of the Cathedral Church of Ely; With Some Account of the Conventual Buildings" (John White, 1807, ex-library), "Campbellism Examined" (Sheldon, Lamport, & Blakeman, 1855) by Jeremiah B. Jeter, "A Candid Discussion of Christian Baptism" (Derby & Miller, 1854) by Daniel Clark, and a two-volume edition of "The Life and Epistles of St. Paul" (Longmans, Green, and Co., 1867) by W. J. Conybeare and J. S. Howson.
Publisher: Samuel H. Zahm & Co.
Condition / Notes: Antique volume is bound in dark green cloth with bright stamped gilt lettering and pictorial design to front cover. Book shows light shelfwear. Binding is firm. Volume has decoratively patterned endpapers. Interior is clean and without markings. Work is illustrated with a tissue-guarded frontispiece portrait of the author.
Condition / Notes: Antique leather-bound volume has been encased in tan cloth showing tears at edges and corners. Binding is separating between third and fourth plate. Gilt-edged pages are clean and without markings. Full-page illustrations offer photos and drawings of architectural decoration and ornament.
Title: A General Dictionary, Historical and Critical: in Which a New and Accurate Translation of That of the Celebrated Mr. Bayle, with the Corrections and Observations Printed in the Late Edition at Paris, Is Included; and Interspersed with Several Thousand Lives Never Before Published. The Whole Containing the History of the Most Illustrious persons of all ages and nations particularly those of Great Britain and Ireland, Distinguished by Their Rank, Actions, Learning and Other Accomplishments. With Reflections on Such Passages of Bayle, as Seem To Favor Scepticism and the Manichee System. By the Reverend Mr. John Peter Bernard ; the Reverend Mr. Thomas Birch ; Mr. John Lockman ; and other hands. And the articles relating to Oriental history by George Sale, Gent.
Author: George Sale - George Sale was an Orientalist and practising solicitor, best known for his 1734 translation of the "Qur'an" into English. He was also author of The General Dictionary, in ten volumes, folio., John Lockman, John Peter Bernard, Pierre Bayle - Pierre Bayle was a French philosopher and writer best known for his seminal work the "Dictionnaire historique et critique," published beginning in 1697.
Book Details: The dictionary was first published in 1697, and enlarged in the second edition of 1702. An English translation was first published in 1709. The overwhelming majority of the entries are devoted to individual people, whether historical or mythical, but some articles treat religious beliefs and philosophies. Many of the more controversial ideas in the book were hidden away in the voluminous footnotes, or slipped into articles on seemingly uncontroversial topics.
Condition / Notes: This folio set has been rebound in brown cloth with gilt-lettered label to spines. These ex-library volumes show minimal external wear. Bindings are tight. Books have new endpapers. Library stamp can be seen on title pages and elsewhere in margins of texts. No other institutional markings or attachments are visible. Pages are clean and bright. Text appears in double columns.
Book Details: This lot includes the group of books shown in the corresponding image(s). Among the titles in this collection are "Her Honor Forever Maintain: A History of the Cornell Alumni Association on the Occasion of Its One Hundredth Anniversary" (Cornell University, 1972) signed by author Hunt Bradley, and a first edition of "A History of Cornell" (Cornell U. P., 1962) signed by author Morris Bishop.

matches: V. V. V. v. V. V. V. V. V.


text:
C. (Pa.) 297; Hole v. Robbins, 53 Wis. 514, 10 N. W. 617.
91. See Swick v. Coleman, 2l8 111. 33, 75 N. E. 807; Lanferman v. Van Zile, 150 Ky. 751, 150 S. W. 1008; Hole v. Robbins, 53 Wis. 514, 10 N. W. 617; Humphries v. Davis, 100 Ind. 274.
In Humphries v. Davis, 100 Ind. 274, 50 Am. Rep. 788, Paul v. Davis, 100 Ind. 422, overruling Barnhizel v. Ferrell, 47 Ind. 335, it was decided that property which descended to the adopted child from the adoptive parent descended to the latter's kindred, the question of the descent of property otherwise acquired being expressly left undecided.
Matre v. Sankey, 148 111. 536, 23 L. R. A. 665, 39 Am. St. Rep. 196. 36 N. E. C28; Schick v. Howe, 137 Iowa, 249, 14 L. R. A. (N. S.) 980, 114 N. W. 916; Gray v. Holmes, 57 Kan. 217, 33 L. R. A. 207, 45 Pac. 596; Ross v. Ross, 129 Mass. 243, 37 Am. Rep. 321; Fisher v. Browning, 107 Miss. 729, Ann. Cas. 1917C, 466, 66 So. 132; Anderson v. French, 77 N. H. 509, 93 Atl. 1042, L. R. A. 1916 A, 660; Finley v. Brown, 122 Tenn. 316, 25 L. R. A. (N. S.) 1285, 123 S. W. 359. See Calhoun v. Bryant, 28 S. Dak. 266, 133 N. W. 266. Contra, Brown v. Fin-ley, 157 Ala. 424, 21 L. R. A. N. S. 679, 131 Am. St. Rep. 68, 47 So. 577.
The statutes of many states provide that if the person to whom the advancement was made dies before the intestate, his representees shall stand in his place as regards the advancement, that is, will take subject to the deduction thereof as the ancestor would have done.97 But even apart from an express provision to that effect, it seems, persons taking by right of representation the share of him to whom the advancement was made, take subject to such deduction.98 Persons, on the other hand, who take in their own right and not by right of representation, take free from any claim on account of advancements made to their parent.99 to local customs of charging advancements in connection with the distribution of personalty, see 2.Blackst. Comm. 517; Holt v. Frederick, 2 P. Wms. 356.
94. 2 Blackst. Comm. 115.
95. 1 Stimson's Am. St. Law, Sec.Sec. 31G0-3168; 2 Woerner, Administration, Sec. 559.
96. In re Williams. 62 Mo. App. 339; Johnson v. Antriken, 205 Mo. 244, 103 S. W. 936; Storey's Appeal, 83 Pa. St. 89; A gift to a grandchild made while the grandchild's parent was alive has been regarded as not constituting an advancement to the parent. Stevenson v. Martin, 11 Bush (Ky.) 485.
114 111. 603, 2 N. E. 603, 4 N. E. 137, 7 N. E. 287; Bramford v. Crawford, 51 Ga. 20; Coffman v. Coffman, 41 W. Va. 8, 23 S. E. 523.
98. Simpson v. Simpson, 114 111. 603, 2 N. E. 603; Barber v. Taylor, 9 Dana (Ky.) 84; Smith v. Smith, 59 Me. 214; Williams' Estate, 62 Mo. App. 339; Headen v. Headen, 42 N. C. 159; Quarles v. Quarles, 4 Mass. 680; Parsons v. Parsons, 52 Ohio St. 470; Per son's Appeal, 74 Pa. St. 121; Mc Lure v. Steel. 14 Rich. Eq. 105.
99. Brown v. Taylor. 62 Ind. 295; Skinner v. Wynne, 2 Jones Eq. 41: Calhoun v Cosgrove, 33 La. Ann. 1001; Person's Apeal, 74 Pa. St. L21.
1. 2 Woerner, Administration, Sec. 555; Boyer v. Boyer, 62 Ind. App. 73, 111 N. E. 952; Calhoun v. Taylor, 178 Iowa, 56, 159 N. W. 600; Lynch v. Culver, 260 Mo. 495. 168 S. W. 1138.
2. 1 Stimson Am. St. Law, Sec. 3162.
3. 1 Stimson, Am. St. Law, Sec. 3161. This appears to be so apart from such an express provision. 2 Woerner, Administration, Sec. 555.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.