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Show ferialt Ord:r Chiwrtm-- Univer&ity of Uth Fait LOkeClty, Utah nt 8112 . Aluminum Sheet, Plate Shipments Show Hefty Rise Utah Supreme Court Decisions Capsule Water Rights REMANDED STATE ENGINEER DETERMINE USE PROVO CITY CORP., Plaintiff & Appellant v. HUBERT C. LAMBER, State Engineer, et al., Defendants Trial Court: Summary judgment in favor of defendants, Provisions of Provo River Decree ambiguous. Supreme Court: Remanded with recommendation that the court refer matter to State Engineer for determination as to use made of the water. Justice A. H. Ellett dissenting: It is not the function of the State Engineer ... to interpret adjudicated rights.' Plaintiff counsel: Richard L. Maxfield, 0. Devere Wootton, 28 N. 100 E., Provo Defendant counsel: Joseph Novak, 520 Continental Bank Bldg., Dallin W. Jenson, Asst. Atty. General See details page 3 Dean Emphasizes Ecology to ABA ROLE OF COURTS IN ECOLOGY ferent in kind in order to maintain a DISCUSSED AT AMERICAN BAR tort action. ASSOCIATION MEETING Without this stipulation he said, a SAN FRANCISCO, (ACCN) The defendant would be inundated by a environmental plight of America and the legal methods used to fight polluters were explored at the annual meeting of the American Bar Association here. In discussing the role that the law of torts will play in the environmental struggle, John Wade, dean of Vanderbilt Law School, observed that member of the public could sue." He commented that it is understandable that if the plaintiff suffered no more than the rest of the public his individual injury would normally be trivial. He emphasized that these reasons "were not as fully applicable to an action for an injunction, since there Director developed which em- bodied some rather flexible standards and rules. The dean spoke at a meeting of the ABA of section insurance, negligence and compensation law. Dean Wade announced that the Second Restatement of Torts on which revisions were begun in the mid 1950s is now nearing completion. It is being restructured, he said, to state the Law of Nuisance "in a fashion which does not reflect inaccurately its current condition but which will still allow opportunity for development of the law to meet the changing conditions and needs created by the efforts to afford protection to the environment." It is imperative, said the speaker, that the Restatement should not restrict the potential development of the general subject of "standing to sue," more permissive use of representative suits and class actions, and citizens suits or suits by a "private attorney general." Dean Wade elaborated on the two basic components of the tort of nuisance public and private. is an Public nuisance unreasonable interference with a right common to the general public, he said. The educator said that cir- cumstances falling under this definition include whether the conduct involves a substantial interference with the public health, safety, peace, comfort, or. convenience and "whether the conduct is of a continuing nature or has a produced permanent or effect..." longlasting He pointed out that after long argumentation before the American Law Institute it was "held that a plaintiff must suffer damages dif- - YORK NEW (ACCN) Net aluminum sheet and of shipments estimated in at an plate June 1972, 431.993.000 pounds, were 67.3 per cent higher than the shipments of 258.202.000 pounds for the comparable 1971 month, S. L. Goldsmith, Jr., executive vice president of the Aluminum Association reported. Foil shipments for June totaling an estimated 52,600,000 pounds, were 15.8 per cent higher than the shipments of 45,436,000 pounds for the same month last year. Sheet and plate shipments, at an estimated 1,225,941 pounds for the second quarter of 1972, were 7.7 per cent higher than the 1,138,811,000 pounds for the comparable 1971 period. Foil shipments during the second quarter of this year totaled 158.214.000 pounds, down 0.8 per cent over the first quarter of 1971 which totaled 159,435,000 pounds. Legal Data Firm Announces Post Law Suit Plans - form a company, and seek public financing to fund the purchase of these data banks from Law Research. On the successful offering and sale of shares in the proposed company to the public, Law Research will receive $250,000 in cash. $250,000 in stock in the new public company and $250,000 in aggregate from 10 percent of the companys future profits, in addition to a continuing royalty ofLner cent of sales! 'The trnJunihctween Law Reseafch, and. Abeles is subject to the successful completion of the public offering- - by. Abeles. Hoppenfeld added that the company to be formed by Abeles would he offered to the public ' iii the next NEW YORK (ACCN) In a first step to restore operations since settling its law suits with Western Union, Law Research Service, Inc., has announced that it has signed a letter of intent to sell its Arizona and New Mexico data banks to Harold Abeles, a Beverly Hills, Calif., attorney. As the result of certain actions by Western Union, which was previously the carrier of the companys computerized legal reference service, Law Research was forced to discontinue operations in 1968.. , Ellias C. Hoppenfeld, president of Law Research, explained that under the terms of the sale, Abiles will -- several months. The agreement between the two parties also provides that Law Research will hold nine per cent of the new companys securities, and that Law Research will provide certain updating required by the Arizona and New Mexico data SUPBEME C0UET OF THE UNITED STATES Nos. and 69-50- 03, 60-50- 31 multiplicity of action if every environmental not problems are entirely new or would be no multiplicity of actions novel to the courts. and the relief would benefit all of the Courts have "entertained tort public. action involving air and water pollution since the early days of the NAACP common law," he said. He noted that over the years a rubric called nuisance THURSDAY, AUGUST 24, 1972 SALT LAKE CITY, UTAH VOLUME 16, NUMBER 163 Assails Burger Court Proposal NEW YORK (UPI) NAACP Executive Director Roy Wilkins charged, August 16, that Chief Justice Warren Burgers proposal to abolish three-judg- e federal courts would mean unconscionable delays in Negro civil rights cases. "The three-judg- e federal court statute has been a principal vehicle on which minorities have resisted oppressive state legislative and administrative actions, Wilkins said. William Henry Furman, . Petitioner, banks. In addition to the Arizona and New Mexico data banks, Law Research has compiled computerized libraries of the important reported legal decisions of 35 other states. The new arrangement for Arizona and New Mexico represents the principal route Law Research will take in the next several months to make its computerized law libraries available again to the legal profession across the country as quickly as possible, in conjunction with tee companys program for expansion into other legally oriented areas, Hoppenfeld stated. He added that similar agreements for other states werexin negotiation. . 69-50- v. 03 State of Georgia. Lucious Jackson, Jr., Petitioner, 69-50- On Writs of Certiorari to the Supreme Court of Georgia. v. 30 State of Georgia. Elmer Branch. Petitioner, 69-50- v. 31 State of Texas. On Writ of Certiorari to the Court of Criminal Appeals of Texas. June 29, 1972 Per Curiam. was convicted of murder in Georgia and was sentenced to death pursuant to Ga. Code 05 Ann. (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S.E. 2d 628 (1969). Petitioner 30 in No. was convicted of rape in Georgia and was 02 sentenced to death pursuant to Ga. Code Ann. (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 31 790, 171 S. E. 2d 501 (1969). Petitioner in No. was convicted of rape in Texas and was sentenced to death pursuant to Tex. Penal Code Ann., Art. 11S9 (1961). 447 S. W. 2d 932 (Tex. Ct. Crim. App. 1969). Certiorari was granted limited to the following question: Does the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?' Petitioner in No. 69-50- Banking Leader Urges Revision Of Secrecy Act 03 26-10- 69-50- 26-13- SAN minorities. Wilkins took issue with Burgers contention that civil rights cases would not suffer because they would be handled routinely before a single judge with an appeal Circuit Courts of Appeals. Hie catch in this plan is that the appeals to the Circuit Court of Appeals might mean that the case would not reach the Supreme Court for three years or more, he said. Any way, it is added up, the Burger will mean unsuggestion conscionable delays in Negro civil rights cases. The civil rights leader said it was interesting to observe that Burger's proposal was aimed only at the statute dealing with constitutional and civil rights, and omitted any reference to other statutes permitting direct appeals to the High Court, by corporate interests in anti-trucases. st indiscriminate . The Court holds that the imposition and carrying out of the death penalty in these cases constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings. So ordered . D-Wi-s. dividuals bank records. The ' Marshall have filed separate opinions in support of the The Chief Justice, Mr. Justice Mr. Justice Powell, and Mr. Justice judgments. have filed separate dissenting opinions. & i Black-mu- n, Reiin-qui- st government snooping. Association President Andrew J. Shepard said Congress should enact a law which would guarantee a right of privacy with respect to ones bank account Shepard made the comment in testimony before the financial institutions subcommittee headed by Sen. William Proxmire, A federal court decision here recently blocked implementation of the secrecy act pending additional hearings. The law would permit the government to inspect an in- 403 U. S. 952 (1971). Mr. Justice Douglas, Mr. Justice Brennan, Mr., Justice Stewart, Mr. Justice White, and Mr. Justice (UPI)-T- he a Congressional subcommittee hearing here, August 16, that the new bank secrecy act could result in 69-50- "That the Supreme Court case load has increased under that statute is not a reason to condemn it, he said. Rather, this increase speaks eloquently of the extent of the failure of states to honor, and in some cases (of the extent) .to abridge the constitutional rights of FRANCISCO California Bankers Association told government had said the act would help curb tax evaders and mobsters. Shepard said the banking business was founded on a sense of trust in the private handling of ones financial affairs. It is the right of banks to protect their fiduciary relationships with their customers and thereby continue to serve in their traditional confidential role, he said. |