Download Batch Reply 1988 |WORK|
Hedy Paino
Sniff:
A surprisingly heavy nose with smoky diesel notes, barley and peat. A bit earthy, and very different to the newer batches. Slightly yeasty with oak and a little bit of vanilla. It does get a little bit lighter after a few minutes.
Luckily we close out this session with an upward direction. This batch is a lot more impressive than the previous one. A lot less chemically sweet, which definitely makes it a better whisky in my book.
Unfortunately, those versions from decades ago, with 1970s distillate like the 1988 bottling obviously have, have become quite expensive. Although, I guess that dram is better than many a similarly priced dram that is a more recent release.
I'm encountering a weird error when batch printing PDFs; my xref is not visible. However, I know that it has nothing to do with being on defpoints or anything like that because when I print the sheet manually, it works just fine. This seems like a very weird glitch. I have attached screenshots to show the example. of each. The first attachment is the PDF printed singly and the second attachment is when the PDF is printed with others in a batch print. Is there anything I can do? This makes my time to complete a project double because printing is so time consuming. I feel like I've checked everything possible. Thank you!!!
Oddly, it's happening with 3 plans but all part of the same project. Since you bought this up, I tried printing another similar project and the Xref is working... so it has to be something in the print settings right? Now I'm even more confused! I feel like I've tried everything but I'm wondering if its something in the batch print settings that I just don't realize or know enough to fix.
Thanks for your reply. I saw there are two solutions for that challenge. One has a batch macro (attached below) so I wanna figure out how it works by trying to replicate the workflow by myself. However, mine just doesn't work. And I just wanna know what went wrong.
Moreover, FCC was indeed involved with Sea Lion's work in the intermediate stages of the process, and even sent its representatives to Sea Lion's plant once it was discovered that a batch was off-spec. Plaintiff's Response, at 22-23; Mullaney Deposition (Exhibit 20 to Plaintiff's Response), at 74-75.
FCC contends that it did not arrange for the defects in processing that led to the production of an "off-spec" batch, and that its only intent was to arrange for the delivery of a useful product that it was temporarily unable to produce in-house. FCC proffers the affidavit of Earl Adams, Process Technology Manager for FCC, which states that FCC had no intent to dispose of hazardous substances, and did not even reasonably expect the disposal of nitrobenzene to occur. Affidavit of Earl Adams (Exhibit 40 to Motion). FCC also directs this Court to a letter written by Sea Lion's President, Malcolm Colditz, stating that the processing problems occurred because FCC had "inadvertently" shipped a sample which was very low in benzene. Letter from Malcolm Colditz to Tom Mullaney dated August 27, 1987 (Exhibit 22 to Motion), at 2.
*598 The Court finds that FCC's evidence and argument are not dispositive on the question of intent. FCC's motion argues merely that FCC cannot be an arranger because that "[t]here is no dispute that FCC had no intent to dispose of hazardous substances when it provided chemical[s] for processing." Motion, at 16 (emphasis added). FCC might plausibly make the argument that it did not initially intend for the off-spec material to remain in Sea Lion's tanks. However, this issue is beside the point under the undisputed facts in the summary judgment record. After it was known that Sea Lion's processing had resulted in an "off-spec" batch, FCC's refusal to take delivery of the hazardous substance clearly evidenced its intent that the material remain with Sea Lion or that Sea Lion deal with it thereafter. FCC abandoned the "off-spec" materials. FCC thus knew or should have known that Sea Lion would be forced to dispose of these materials. Compare Aceto, 872 F.2d at 1381 (courts have not hesitated to look beyond defendants' characterizations, such as a labeling certain transactions as formulation of a useful product, to determine "whether a transaction in fact involves an arrangement for the disposal of a hazardous substance") (emphasis added).
FCC therefore made the decision to place the nitrobenzene and other hazardous materials at Sea Lion's facility, both at the initial stages of the contractual relationships and later when the "off-spec" batch was abandoned. Moreover, FCC's refusal to take delivery of the "off-spec" batch was evidence of its exercise of the authority to control the means by which the disposal for the hazardous substances. FCC eliminated the possibility of it using the material, as originally had been planned by all parties.
a. Cost Recovery. Sea Lion has admitted in its discovery responses that it is a PRP under CERCLA. Request for Admission No. 71, Sea Lion, Inc.'s Responses and Objections to Defendant First Chemical Corporation's First Requests for Admissions (Exhibit 26 to Motion), at 29 ("Sea Lion admits that it is one of three potentially responsible parties relating to this case"). Sea Lion is potentially responsible because it is the present owner of the facility where the hazardous substances were released. See 42 U.S.C. 9607(a); Tanglewood East Home-owners v. Charles-Thomas, Inc., 849 F.2d 1568, 1572 (5th Cir.1988).
FCC argues in its Reply that Sea Lion's breach of contract claim is barred by Texas' four year statute of limitations for contract actions. FCC's Reply to Sea Lion, Inc.'s Response to Its Motion for Summary Judgment [Doc. # 45], at 16-17 (citing Tex. Civ. Prac. & Rem.Code 16.004 (Vernon 1986)). FCC argues that Sea Lion never plead this specific breach of oral contract theory in the state court proceedings it initiated in 1988, see Plaintiff's Original Petition (Exhibit L to Reply), and waited eight years to raise it. Sea Lion argues in response that *601 the running of the limitations period for the state law causes of action has been tolled since 1988 when its original state court suit was filed. Sea Lion, Inc.'s Counter-Reply to First Chemical Corporation's Reply to Sea Lion, Inc.'s Response to First Chemical Corporation's Motion for Summary Judgment [Doc. # 56] (hereinafter "Plaintiff's Counter-Reply"), at 9.[22]
FCC has recently filed an additional summary judgment motion as to Sea Lion's claim of negligent misrepresentation. FCC's Motion for Summary Judgment Against Sea Lion, Inc.'s Negligent Misrepresentation Claim [Doc. # 61]. Sea Lion has filed a motion to strike FCC's motion, see Doc. # 64, as well as a response. See Doc. # 65. FCC has in turn filed a response to the motion to strike, see Doc. # 66, and a reply to Sea *602 Lion's response. See Doc. # 67. This motion will be addressed in a separate order. It is therefore
[20] For example, the Court notes that there appears to be a question about the cause of the "off-spec" batch. While Sea Lion has alleged that the mishap occurred because FCC provided poor quality MNB, see, e.g., Plaintiff's Response, at 7, FCC's communications with Wall reveal that FCC previously took the position that its raw materials had met the contract's specifications. See Communications between FCC and Wall (Exhibit 25 to Motion). Moreover, evidence in the record shows that Sea Lion's President has previously stated that the incident occurred because FCC had inadvertently shipped a sample which was very low in benzene. See Letter from Malcolm Colditz to Tom Mullaney dated August 27, 1987 (Exhibit 22 to Motion), at 2.
[22] Sea Lion's Counter-Reply, the filing of which FCC does not oppose, objects to FCC's limitations argument having been raised for the first time in a reply brief. FCC argues in response that it could not have raised the defense sooner because Sea Lion has been very vague throughout this litigation about its contract claim and never clearly stated, until its response to the summary judgment motion, that it was based on the alleged oral contract between FCC and Sea Lion to wash the "off-spec" batches. See Doc. # 57. The Court agrees with FCC and therefore will decide the question of the applicable limitations period.
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