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Show western faria.li, grd Art' 0.,rtr,iPt Unj.verbj.ty of Utah MU Salt Lake Cityr Utah SALT LAKE CITY, UTAH VOLUME 16, NUMBER 41 GOP's New York Utah Supreme Court Decisions m Remapping Plan Contributory Negligence Case SUMMARY JUDGMENT VACATED Survives Court ETHEL M. GIBBONS, Plaintiff and Appellant, v. ALBANY drawn OREM CITY and GARY S. CRAWFORD, Defendants. legislative reapportionment Justice Edward dismissed separate J Plaintiff counsel: Jimi Mitsunagfrf!ftftreTouth Temple Defendant counsel: Vernon B. F$MKey, Lauren N. Beasley 5. ABA President Rejects Agnew Stance on OEO eon (ACCN) (Special) -LJaworski, president of the American Bar Association has commented on the remarks of the February 23, conOEO Legal Services cerning the Program, delivered at the National vice-preside- nt Governors Conference: The propriety of Legal Services Uwyer, imitating .mu agtiMt government officials or institutions is an issue which has been considered by the Congress and by the American Bar Association. Such suits were found to be within the legislative mandate governing the program and the dictates of the lawyer's professional responsibility. In the last analysis, it is the court which must decide these issues, and the record indicates that many of these suits have been decided in Jaworski also noted President Nixons explicit recognition and Court Negates Suit to Halt Air Bag Delay - WASHINGTON (UPI The U.S. Court of Appeals has cleared the way for the government to issue regulations delaying until 1976 modd cars the deadline for auto manufacturers to install restraint systems such as air bags. The court dismissed February 23 a suit by Ralph Nader asking that the originally proposed Department of Transportation deadline of 1974 models be maintained. Auto manufacturers asked for extension of the deadline, saying they needed more time to perfect and install passive restraint systems. Some manufacturers have which said they felt the air bag and would inflate automatically cushion passengers in event of a was not the best way to crash protect passengers. UJS. District Judge Joseph Waddy dismissed the Nader suit on January 28 after inspecting confidential White House documents. Nader appealed to the Circuit Court. arguments Conway of two suits that the new One of the attorneys, Richard W. Hulbert of Brooklyn, said The question is clearly an important one, and Im certain an appeal will be taken. There was no immediate schedule set for the appeal. The other attorney, Edward J. Hart of Merrick, L.I., could not be immediately reached for comment. ANDRE ASON v. STATE PRISON WARDEN CHICAGO S. Assembly and Senate districts were not compact and contiguous and were a partisan gerrymander." C0RPUS0ENIeB Seedetallspagc sur- vived its first court test when a state supreme court justice declared the remap plan constitutional. Trial Court: Defendants motion granted for summary judgment. Plaintiff contributorily negligent. Supreme Court: Remanded for trial. Dissenting opinion: Justice R. L Tuckett . . . Plaintiff disregarded care for own safety . . . failed to look for oncoming vehicles . . . guilty of negligence. 174 E. 8 Plaintiff counsel: Bert L. Dart Jr. and W. C. Lamorayx, ' " ' South, Robert Goicorchea, 340 E. 4 Southj- - ," Defendant counsel: RexJ. HansQJhtKnMjjg., Hanson, Brandt & Wadsworth, Robert WRIT OF HABEAS - The Republican-New York State for (dan (UPI) In his 13-pa- ge opinion, Conway noted that some districts resulted from New Yorks irregular shape, varying physical approval of the social nature of features, and mobile population. program activities criticized by We have a state that defies a Agnew. InJjjs message to Congress uniform physical subdivision,, he in 1971 requesting that the program said. Therefore, the legislature be established as a separate cormust deal with me of the most poration, President Nixon said: difficult jig saw puzzles in the Much of the litigation initiated by world. legal services has placed it in direct conflict with local and state governHe added that the challengers had ments. The program is concerned not proved that the historic and of countie. roneUtiSl and towns in unusually the districting process if we are to preserve was not pressures continued where and as far the strength of the program, we as possible. must make it immune from political On the gerrymander question, the pressures and make it a permanent judge said the support part of our system of justice. for the remap in the legislature The legal problems of the poor removes even the suspicion atare of sufficient scope that we should tempted to be raised by the not restrict the right of their atpetitioners of political partisan torneys to bring any type of civil gerrymandering. suit, he emphasized. odd-looki- ng ... Bankruptcy Referee Says Concept of Fair Sharing and Forgiveness Old As History THURSDAY. MARCH 2, 1972 Realtors Worried About Ceiling On Broker Fees WASHINGTON (ACCN) -Imposing a ceiling upon brokers commissions in the sale of houses FHA-insure- involving by-prod- ed mortgages would be detrimental to the public, a spokesman for the National Association of Real Estate Boards has asserted. the before Testifying sub- committee on housing of the House banking and currency committee, Fredrick R. Hunter, chairman of the Realtors Washington committee, explained that for the federal government to inject itself would destroy the free competitive market uider which the commission is freely negotiable between the broker and his client, the seller. Hunter added that NAREB has long opposed any form of mandatory or recommended minimum fee schedules and is making every effort to preserve a free competitive market. Government intervention, in the absence of the economic necessity of wage and price controls, would defeat this objective, he . argued. In testifying on the question of settlement costs, Hunter challenged also the interpretation of Secretary George Romney of the Department of Housing and Urban Development that the 1970 Emergency Home Finance Act permits the imposition of ceilings on sales commissions. The phrases settlement costs and dosing costs are very often used to mean the same thing, he explained. However, the language of Sec. 701 resolves any ambiguity by relating the settlement costs to the financing of housing. A sales commission is not a financing cost; it represents the payment for services in connection with the selling of real estate and is earned' and Me regardless of the type of No Support Money Due Over-1- Ex-Wi- 8 Children (UPI) -- A state appeals court judge has ruled that Tennessee parents of children who have reached 18 years of age are no longer legally obligated to provide economic support for them. In a decision that he said has implications in this state, Thomas Shriver held Judge 1971 legislative a that February 25, act giving legal removed the responsibility obligation from parents. The ruling came in the case of Dr. Maury Heimberg, a Vanderbilt University professor who was being sued by his former wife for support of their two college-ag- e children. Shriver said he did not want to TENN. far-reachi- ng lds elaborate too much on his decision because there will be exceptions, such as in cases where a child is mentally or physically handicapped. "The effect of this ruling is that any person 18 years of age or older will have the same rights and responsibilities of someone 21, said Shriver. "Parents were not perform services and receive compensation therefor. These are not kickbacks and should not be prohibited. Under the code of ethics of our Association, such payments are considered ethical provided they are disclosed to all parties to the transaction. This element of disclosure, in our experience, tends to eliminate such kickbacks, and the subcommittee might well consider this alternative to outright prohibition. Meeting Set On Problems Of Law Offices ATLANTA -R(ACCN) law epresentatives from major firms across the United States and Canada will lead discussion panels, and workshops, calibrated to1 firm size, on many of the vital and timely financial, organizational and administrative problems of law offices today at the seventh conference of American Legal Executives, March 16 and 17, at the Marriott Motor Hotel here. Registration information is available from Daniel J. Cantor, Executive Secretary, Conference of American Legal Executives, care of Daniel J. Cantor A Co., 928 Suburban Station Bldg., Phila., PA 19103. Supreme Court for fe NASHVILLE, Bruce S. Jenkins, Referee in Bankruptcy, United States District Court for the District of Utah, was a featured speaker at the National Adjustment School of the National Association of Credit Management held in Salt Lake City at the Hotel Utah. Judge Jenkins, spoke on the topic "Bankruptcy What is it? Jenkins stated that Contrary to common concept, financial problems personal and business have been with us since the beginning of civilization and are not just a of our modem day credit oriented society. One of the paradoxes of our time 4 time of relative prosperity, is that far more persons in number are confessing in bankruptcy court their inability to personally cope with their creditors than did so in the time of the deepest of the American financial depressions, Jenkins said. Understanding Process "There are three things one must understand in order to understand the bankruptcy process, Jenkins said. First: The bankruptcy process is Federal in nature carried on in the United States District Court pursuant to a Congressionally passed statute enacted pursuant to a of power grant found in the United States Constitution. Second: It represents an effort by Congress to provide an orderly procedure to get at and turn the reachable assets of a person or company in financial distress into cash for the use and benefit of its creditors. Third: It is designed to enable those persons and companies who have had their reachable assets turned into cash for the use and benefit of their creditors to be released or forgiven of certain obligations which are said to be dischargeable. "The concepts of fair sharing and forgiveness are as old as civilization, Jenkins said, "and the Bankruptcy Act merely places these in a meaningful statutory form. Jenkins who spoke on what is and not on "what ought to be pointed out that the Act as presently written is in great need of revision. Mr. Jenkins is a member of the board of directors of the National Conference of Referees in Bankruptcy and is Chairman of its Committee on Practice, Procedure and Forms. d financing, and even when there is no financing. Hunter declared that NAREB concurs in the proposed prohibition against kickbacks paid for the purpose of directing to a particular person any business arising out of real estate settlement on residential property. However," he added, language should be employed to make certain that the prohibition does not extend to brokers and others who actually legally obligated to support a child after he. reached 21 before, Shriver said. Now the legal age is 18. Hears Wiretap Case Argument - WASHINGTON (UPI) The Nixon administration defended its wiretapping practices February 25, against charges in the Supreme Court that they are stifling personal freedoms guaranteed in the First Amendment. Asst. Atty. Gen. Robert Mardian told the Court the government has a right to eavesdrop on anyone without a court order where national security is involved because the privacy of the American citizens is better protected by limiting this that is, the authority to one man U.S. attorney general. Otherwise, he said, it would be proliferated among the many judges who would be asked to issue search warrants. Detroit attorney William Gossett, a former president of the American Bar Association, countered that exempting from any meaningful judicial supervision all searches labeled national security" by the attorney general is a startling proposition. Gossett represented UJS. District Judge Damon J. Keith of Detroit. |