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See Gaskin v. Benge v. Software Galeria, Inc. Admittedly, as this court has previously recognized, the question of which law to apply to a forum-selection clause in a diversity case is a complex one. Cruise v. Castleton, Inc. But in the context of international commerce, there is much to be said for a uniform federal approach to procedural matters including venue if the court is efficaciously to "exercis[e] its jurisdiction to See Gaskin, supra, F. But cf. General Engineering Corp. Martin Marietta Alumina, Inc. Nevertheless, this difficult question is not squarely before the court and need not now be finally resolved.

Two considerations lead the court to settle the issue of the applicability of West German law on a narrower ground. First, one court has ruled that under West German law the clause, "All court procedures shall be held in Bremen [West Germany]," extends to tort actions such as inducement of breach of contract and unfair competition. Hoes of America, Inc. Second, and more importantly, Ronar's interpretation of West German law, if taken at its word, would render the forum-selection clause self-contradictory. Ronar argues that a forum-selection agreement is invalid under West German law except insofar as it explicitly refers to a particular legal relationship.

But the forum provision in this case plainly does purport to govern all claims between the parties in terms broad enough that no particular legal relationship is mentioned. If Ronar is correct, then, the provision was invalid from the start. Such a result would "frustrate the purpose of the parties as it is clearly set forth in the agreement" and therefore is impermissible.

Bense v. Interstate Battery System of America, Inc. To the extent that plaintiff is correct in arguing that West German law compels that result, the court must assume that West German law was not intended to and does not govern the forum provision in this case. Henry Wallace moves to dismiss on the ground that this court lacks in personam jurisdiction over him. If plaintiff is to survive the motion to dismiss, it must sustain its burden of making a prima facie case of jurisdiction, supported by "definite evidentiary facts," over Wallace, a non-domiciliary of New York.


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See Singer v. Ubex Corp. Lee, 84 A. State law controls the issue of personal jurisdiction. Beacon Enterprises, Inc. Menzies, F. The first three theories deserve little discussion: that Wallace transacted business in New York through an agent; that he committed a tort in New York through an agent; or that he committed a tort elsewhere which injured Ronar in New York, and through an agent he regularly does business and derives revenue in New York. Lehigh Valley Industries, Inc. Birenbaum, F. Bell, supra, F. Ronar must show that Wallace's agent took action in New York with his knowledge and consent and for his benefit and that Wallace exercised some control over the agent.

See Grove Press, Inc. Angleton, F. Samanda Office Communications Ltd. Ronar asserts that with Wallace's knowledge and consent and for his economic benefit two putative agents Michael Wallace and FW Corp. However, the factual support it provides for this assertion is self-contradictory. This sort of discrepancy is symptomatic of how bland and loosely anchored Ronar's allegations of agency are.

Moreover, even if Ronar had made an appropriate factual showing that Henry Wallace knowingly benefitted from someone's actions in this state, it did not so much as hint at any fact from which the court might infer Wallace's exercise of control over any person, an indispensable element in establishing agency. A shareholder, for example, may receive profits from a corporation, but unless plaintiff establishes that the corporation's acts are not autonomous and that the shareholder somehow exerts control, no agency relationship is to be inferred. Morse Typewriter Co. Ronar has made no such showing here.

Ronar's fourth theory for establishing jurisdiction is that Henry Wallace 1 committed a tort outside of New York, 2 causing injury to Ronar within the state, 3 that he expected his act to have consequences in New York, and 4 that he derived substantial revenue from international commerce. Each of the four elements is essential.

Trafalgar Capital Corp. Oil Producers Equipment Corp. Thus, if the court finds that plaintiff has failed to make an adequate showing of substantial revenue, it need not reach the first three elements. Whether revenue is "substantial" under New York law is determined on both relative and absolute scales. See Vecchio v. Canadian General Electric Co.

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New York courts have analyzed defendants' revenues from interstate or international commerce as percentages of their total revenues. Auto Specialties Manufacturing Co. More recent cases have turned to the amount of interstate or international revenues as an absolute number for a more appropriate measure. Blumenthal Brothers Chocolate Co. And among the most important facts of each case are the overall nature of the defendant's business and the extent to which he can fairly be expected to defend lawsuits in foreign forums.

See Trafalgar Capital Corp. Asahi Optical Co. Inskip, Inc. Nassau Cty. According to defendants, Henry Wallace is now fully retired. If it doesn't do the trick, I can have the Apo Ronar L instead. All I have to cover is the additional postage cowsts. Any last comments? Thanks again!

William, let us know how the project works out once you have the lens in hand. For all of you guys in the know, what is an Apo Ronar S then. It may be a somewhat older version, literature at least describes such a design. Hope this helps a bit. Best regards Joerg. It is serial 88xxxxx; an was bought new in Our lenses work best f22; and F32 for the longest one. For extremely detailed map making; some firms used the 6 element Apo-Ronars for process cameras. I have rarely seen these surplus; while the Apo-Ronars pop up all the time; and go cheap; because process cameras are rarely used today.

Most all of the cameras have been scraped; but the lenses make it to Ebay to probably drive Bob alittle batty with all the goofy questions. Process cameras such as ours use high contrast films; and studio lighting. Contrast is bloody high; because of these conditions. For usage outdoors; the ronar needs a BIG hood; and isnt going to win any sharpness awards. But they are dirt cheap; and are usefull as a start. To test my mm or mm APO Ronar at infinity; I would have to cut a huge wall to the outside; in our darkroom.

The rail length is 17 feet. Maybe I could cut the rail in half or a third; and mount the Process camera in the bed of a pickup truck. There is a rotor sector shutter behind the lens. The electical breaker to the camera,lights,vacuum plate is Vac 60 amps Biggest draw is the Pulsed Xenon lamps; W total. It weighs grams and is 85mm long. I don't think this is enough weight or bulk for a 6 element version.

You'd think one could count the elements by looking carefully, but all this does is make me dizzy. It's not much. Ok I'll throw out a guess here; maybe I am all wet All our 's vintage Apo Ronar Process lens are coated; but they are single coated that doesnt really "jump out as being a coated lens". They must be inspected to catch a reflection; to see the coating..

Could it be these Process camera lenses had a coating for blue light; because alot of the time they are used with ortho film? Regular view camera single coated lenses have more "vivid appearing" coatings. This is only a wild guess Maybe the CL means multicoating; or iso X? Coated glass and a linear apeture. But that's just a guess from a guy who has learned everything he knows about Apo-Ronars from this thread ;-. The L in CL might refer to the linear scale.

I don't think the coating is different, at least Rodenstocks brochure doesn't mention it. They do say, however, that the CL Ronars are better centered. They describe it in the process lens brochure I have. According to Rodenstock this reduces stress-induced birefringence and reduces the variation of the MTF in production from 0. Of course this process also means that an Apo-Ronar CL cannot be taken apart.

My Roidenstock brochure from printing date - I got it from Rodenstock around lists it both as plain Apo-Ronar and as CL version with 4 elements. I don't know if the 6-element version that Joerg mentioned was poduced before or after that time frame. What a coincidence. Just yesterday at dinner my wife commented that some of my images showed signs of stress-induced birefringence. We brainstormed and figured that some autocollimation might just do the trick. Small world.

Say it isn't so! Hi again, as I said in an earlier message in this thread, there are four element and 6-element Apo Ronar's. All process Apo Ronar's were single-coated, employing a few layers of Magnesiumfluoride I assume. These latter one's were about twice the price of the equivalent focal length 4-element versions, and these were not dirt cheap.

The 6-element versions were offered for extra critical jobs. As for infinity performance, Rodenstock says in one of their brochures that the long focal lengths Apo Ronar's are hard to beat by tele designs. I recently took a few shots in the - range, Apo Ronar's and others vs Nikkor T-ED a very good tele-design , and by just having a qualitative look at the negatives, the repro lenses are equivalent resolution and certainly give a much wider image circle in these long focal lengths.

Again, the is the longest Apo Ronar that fits into a 3 shutter. So your would not fit a 3. Now if you can find a good 5 you could have someone make adapters so the cells would fit it. David: the CL should be adaptable to a shutter, I think. I was referring to taking individual cells apart for cleaning. However, I never had one in my hand, so take it with agrain of salt.

It should be possible to adapt longer focal lengths than mm in a no. Of course your maximum opening would go down accordingly.

Maybe Steve Grimes can comment on this if he is following this thread. One additional comment on the infinity performance mentioned by Joerg: The late German photographer Reinhart Wolf already mentioned today in the other thread on dual tripods used the Apo-Ronars mm, mm, mm, and mm for his 8x10 photos of New York skyscrapers in the book "New York" and of Spanish castles "Castillos". That is quality assurance enough for me. Joerg, sorry you missed me afew days ago.

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I'm looking forward to your information on the Germinar-W. David I hope your pictures are not too birefringent after all. I enjoyed your comment; I just translated Rodenstocks text from German, but I think I owe an explanation here, although it may be somewhat off-topic. Birefringence due to mechanical stress essentially means that the refractive index of a material glass in this case changes if you apply pressure or bend it etc.

A change of refractive index is obviously detrimental to the quality of the image. Autocollimation: imagine a point light source exactly one focal length from your lens. This results in a parallel beam of light on the other side of the lens. If you place a mirror on that side, the beam is reflected back through the lens and forms an image point again. Only if the lens is absolutely perpendicular to the mirror AND if the lens elements are perfectly centered will that image point coincide with the point light source.

Otherwise it is laterally displaced by some distance. Some of the tools to adjust enlarger stages use a similar principle, like the Versalab "Parallel" or the Zig-align. You just take two linear crossed polarizers, one each on both sides of the lens in question. If there is stress, then you may see light shining through the lens. Smooth heating and a bit of tapping sometimes may help then.

Over zealous tightening of a lens retaining ring warps the lens element at the micro level. The fringe pattern gets worse when overtightened; or if a burr is present; or if the retaining surface that contacts the lens is not perfectly 90 degrees to the axis of the threads of the retaining ring.

In making custom lens mounts; we would test lens elements before and after mounting; a poor mount stresses the lens in a uneven way. Also the lens mount must not warp the lens element or mirror due to thermal stress. The optical centering of lenses in loose bores; and then gooping them in place has been done with custom optics for years. The other ways are either using the mounts bore to define the lenses edge; and use a compliant retaining ring.

Or; use a loose bore; and have the retaining ring define the centering; because the ring will allow the spherical surface to move around and center on the ring. If the lens mounts threaded bores are not concentric; the retaining ring with loose bore method will have centering problems too.

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What the heck is a compur electric 5?????? Naumann for his biography see Kingslake's book wrote an article on this superlens back in the early seventies if I remember. Joerg, yes, that is the standard setup for birefringence testing in a "polariscope". As you mentioned its is important to use linear polarizers, or, if one uses circular polarizers, that the outside of the filters point towards the test object. A good example of the effect is to use a transparent plastic ruler which is often already birefringent from the molding process and bend it between crossed polarizers.

Since these are graphic arts lenses you might try asking in a graphic arts forum if there is one.