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Show 4 , , k - J i f-jri- t j r ;j .nr. i i IJniv-r'Jh- I'Vh y P'VllS yalt CITY, UTAH SALT LAKE VOLUME 17, NUMBER 139 WEDNESDAY, JULY 25. 1973 Every Child Would. Have Family Rights Under Utah Supreme Court Decision NCCUSL Model Law , CONTRACTOR NOT TO ACT AS JUDGE AND JURY IN FUND DISBURSEMENT A new uniform state CHICAGO law would attempt to sort out and establish the lawful1 parents of every child born. Based on the premise that every child should have a father and a mother, and that both not just die mother should have responsibilities, the Uniform Parent and Child Relationship Act sets up ways to determine these relationships. The act was drafted by a committee of the National Conference of Commissioners on Uniform State Laws, and will be considered at the National Surety Corp. Plaintiff and Respondent v. NATIONAL SURETY CORP. Plaintiff and Respondent v. CHRISTIANSEN BROTHERS, INC., Finn B. Paulsen Inc., et al, Defendants and Appellants . . annual meeting of the Conference, July 26 - Aug. 3, in Hyannis, Mass. Upon its approval, commissioners will urge adoption of the 82nd Supreme Court : ... where parties engage in negotiations concerning a transaction, pursuant to which they enter into a written contract, it is presumed that aU matters relating to the subject are merged in and constute a complete integration of their agreement. . . . kick charges . . . should be regarded as a compulsory counter claim . . . Judgment for plaintiff affirmed. Plaintiff counsel: Merlin R. Lybbert 7th Floor Continental Bank Building Defendant counsel: Parsons Behle & Latimer LeRoy S. Axland See details page 4. measure in their own state legislatures. The proposal not only would establish a basis for determining custody, support, visitation, and adoption rights and responsibilities, would also but prevent of a child by either disinheritance parent or parents relatives, by reason of birth out of wedlock. . The act would recognize every child as the lawful child of his natural mother, established by proof of birth. It would determine the lawful father through a number of tests or other procedures. A man would be presumed to be the natural (or biological) father ; through: marriage, Regardless of the outcome,' any hearings regarding a relationship would be and closed, any records would be confidential, subject to inspection only with the consent of the court and all interested parties. A further regard for the best interests of the child is demonstrated by the acts recommendations for birth records!. It would allow a birth certificate or registration to be amended by court order to reflect a d relationship. The fact .that paternity was established after the childs birth would not be discernible in the amended certificate, although it would carry the true time and place of birth. Another facet of the parent-chilrelationship proposal is its supposition that the father and mother of a child are jointly and severally liable for support of the child. To determine the amount each should pay, a court would consider; the child's needs, his age, his educational needs and his .own. financial resources and earning ability;9 the parents circumstances and living standards; the relative financial means and earning ability of each parent and their responsibility for the support of others; and the value of services contributed by the parent who has custody. The Uniform Parent and Child Relationship Act, upon state adoption, would repeal or replace the Uniform Paternity Act, approved by the Conference in 1960, in those states where it was adopted; court-determin- attempted marriage, proof of cohabitation, his written acknowledgement of paternity, or his support or public acceptance of the child. A man's written consent for artificial insemination of his wife also would make him the natural father, as would formal adoption court-determine- proceedings.' In cases where there is either no or several presumed fathers, the d court would base its determination of a parental relationship on blood tests; testimony of the parties concerned, witnesses or physicians; other available evidence, including anthropological; and the best interests of the child. In some cases this would make a custodial or adoptive father the natural father. SUPBEME COUBT OF THE UNITED STATES nWWTTtArTrntTTtrrrrrTTrTtTTrArTTrTTTTtWW Syllabus CIBA CORP. v. WEINBERGER Lawyer Warned Slain Divorce CERTIORARI TO Client of Peril MIAMI (UPI) Police said airline pilot James Abrams probably would i be alive if he had heeded his attorneys warnings to stay away from opera singer Salwa Merrige-Abram- s after their divorce was final last1 Friday. meanwas while, reported improving in a South Miami hospital to which she was rushed after swallowing a Mrs. Merrige-Abram- that when it comes Miami. to time get your stuff, send some Sheriffs homicide detective Lloyd movers, Atty. Paul A. Louis said, two his 16. and Abrams opera July Hough said die Melisa with and will three be 10, Ann, children, Jack, singer charged first-degrto shot death The murder. were of counts 14, Saturday 16. warrants were being processed by afternoon, July the state attorney's office. I told him ee Senator Urges Hough said his investigations revealed that Mrs. Merrig had reloaded the pistol and two that killed her children at least once. This, he said was evidence of premeditation. Louis quoted Abrams, a pilot for National Airlines, as en. (UPI)-Stold COLUMBUS, OHIO saying Mrs. Merrig said here, him after they left court Friday, William B. Saxbe, July 16, that Congress cant hope to June 13, that I got a real surprise regain its power and prestige until it for vou. y ditches its Louis said at this point he warned legislative system. Saxbe, addressing the Columbus Abrams to stay away from his Rotary Club, said Congress is unable to respond effectively to many of the countrys problems because it The three victims were found shot operates just like it did 100 years to death in separate parts of the home. Abrams ago." sprawling, They dont seem to understand was shot to death in a sitting room that you cant solve jet-ag- e chair. Melisa was found in the living y problems with a room, and Jack was killed in his bedroom. legislative system, he said. Saxbe said he will Mrs. Merrige-Abramlegislation designed to modernize was found congressional procedures for lying unconscious in the dining federal expenditures. He said the room. There were several empty pill bill is being drafted by a Senate bottles nearby, along with a note and the pistol. Police wont reveal the government operations contents of the note. .38-calib- cr nd Drastic Reform horse-and-bugg- ex-wif- ed horse-and-bugg- or 72-5- 28. et al. THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Argued April 17, 1973 Decided June 18, 1973 e. . Petitioner manufactures a drug called Ritonic Capsules, for which it filed a new drug application (NDA) that became effective in 1959, on the basis of the drugs safety. After the enactment of the 1962 amendments to the Federal Food, Drug, and Cosmetic Act, the Food and Drug Administration (FDA) withdrew approval of the NDA on the ground that there was no substantial evidence that the drug was effective as claimed, under $505 of the Act. Petitioner sought review of the withdrawal order in the Court of Appeals for the Second Circuit, as provided in 505 (h) , and that court affirmed the order. Prior to the issuance of the withdrawal order petitioner sought declaratory and injunctive relief in the New Jersey District Court, which granted the Governments motion to dismiss the complaint for lack of jurisdiction. The Court of Appeals for the Third Circuit affirmed, holding that the FDA was authorised to decide the jurisdictional question as an incident of its power to approve or withdraw approval for NDAs, that its decision was reviewable on direct appeal by a court of appeals, and since the Court of Appeals for the Second Circuit had ruled against petitioner on that appeal, the jurisdictional issue could not be relitigated in a separate suit for a declaratory judgment. Held:. 1. The FDA has jurisdiction in an administrative proceeding to determine whether a drug product is a new drug within the meaning of 201 (p) of the Act. Weinberger v. Bentex PharmaP. 3. . ceuticals, Inc., poet, p. 2. While the Act provides FDA with sanctions, such as civil injunction proceedings, criminal penalties, in rem seizure and condemnation, to enforce the prohibition against sale in commerce of any article in violation of 505, the Act does not create a dual system, one administrative and the other judicial. P. 3. 3. Where petitioner had an opportunity to litigate the new drug issue before the FDA and to raise the issue on iipjieal to a court of appeals, it may not relit igate the issue in another proceeding. P. 4. 463 F. 2d 225, affirmed. s G and would negate other state s, fistfull of pills following the Saturday killings in the couples fashionable home in southwest Congress Needs No. Douglas, J., delivered the opinion of the Court, in which ail Members joined, except Brennan, J., who took no part in the consideration or decision of the case, and Stewart, J., who took no part in the decision of the case. ed legislation that conflicts with the provisions of the act. Court Upsets Conviction of New York D.A. - . ' NEW YORK (UPI) The U.S. Court of Appeals has reversed the bribery conviction of former assistant Queens District Atty. Norman Archer saying it was an abuse of federal power. The three-judg- e appeals court also directed that the indictment against Archer and Frank Klein, a Queens attorney, and Leon Wasserberger, 56, an assistant to a Manhattan bailbonds man, be dismissed. Archer, who had been the head of the indictment bureau in the office of Queens District Atty. Thomas Mackel, was convicted last January for sharing a $15,000 to fix a criminal case. ' The panel ruled unanimously July 12 that federal prosecutors had failed to prove that a federal crime had been committed. A spokesman torneys office for the U.S. At- said consideration would be given to appealing the rulings to the U.S. Supreme Court. It was also possible that the three men could be indicted on similar charges by the state. , A : |