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NOTES
[1] Pa.Stat.Ann. tit. 12, § 5607 (Purdon 1967).
[2] In view of the decision of the Court of Appeals, it is unnecessary for the Court to consider plaintiff’s claim that defendant’s brochures misrepresented the rate of admission.
[3] In support of its claim of irreparable injury, plaintiff relies heavily on the statement in the Court of Appeals that the statute “is without substance….” 441 F.2d at 105. Even if true, this general statement of the court is not binding on this Court, but is merely a passing observation which hardly amounts to a determination of the legislative intent.
[4] The Court of Appeals stated in holding that Pa.Stat.Ann. tit. 63, § 902 (Purdon 1967), the companion statute to 12 P.S. § 5607, provides for the same award of damages on a misdelivery, that “it is obvious that [the words “would have been delivered”] were inserted to prevent any implication that the salesman has no liability for a misdelivery, regardless of the fact that the purchaser is neither fraudulently nor otherwise induced to exercise his option to accept.” 441 F.2d at 106.
[5] While plaintiff suggests that a showing of irreparable injury is not required, its argument turns on its assertion that the Court should interpret the statute narrowly to the benefit of defendant. Since the court found the statute to be without substance, the statute should not be construed in such a way.
[6] In these circumstances, it is not necessary to decide whether the provisions of the Uniform Commercial Code, Pa.Stat.Ann. tit. 12A, § 9-406 (Purdon 1964), which establishes liability for failure to make an effective delivery, can be used by a purchaser to protect his security interest in the goods. See White & Summers, The Uniform Commercial Code 5-13 (1972).
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We have reported previously that myometrial contractions during late pregnancy are mediated by an increase in the concentration of the hormone inositol 1,4,5-trisphosphate (IP3). The aim of the present study was to determine whether this increase in IP3 is accompanied by an increase in myometrial IP3 receptors. Myometrial slices were removed from seven pregnant and seven non-pregnant women at term. We measured [3H]IP3 binding in membrane preparations from myometrium from pregnant and non-pregnant women, and compared these with IP3 receptor levels. Binding of [3H]IP3 to myometrial membrane preparations was saturable with an affinity constant of 6.3-7.9 nM for both pregnant and non-pregnant women (P greater than 0.05). [3H]IP3 binding was saturable in all of the samples and, in pregnant women, was significantly higher than in non-pregnant women. There was no significant difference in IP3 receptor number between pregnant and non-pregnant women. We conclude that there is no significant difference in IP3 receptor levels in myometrial membrane preparations from pregnant and non-pregnant women.Kolman, Montana

Kolman is an unincorporated community in Cascade County, Montana, United States. Kolman is located at the junction of Montana Highway 22 and Montana Highway 321 southwest of Kalispell. The Kolman post office is still in operation.

The community name “Kolman” comes from German-American Kolman Tiefblütiger, or “sucking [dung] flies”.

References

Category:Unincorporated communities in Cascade County, Montana
Category:Unincorporated communities in MontanaQ:

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