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Show WtSlERN Farialt? Ord:r MS1EWCMA Univernity of Utnh Fait LQkeCity, Utah U112 c. SALT LAKE CITY, UTAH VOLUME 16, NUMBER 243 LEGAL BRIEFS . . . RENTAL Utah Supreme Court Decisions DISCRIMINATION - Capoule - OBSTRUCTING OFFICER CLAIMED IN SERVING SMALL CLAIMS COURT ORDER Role of Umpire and Fan At Ball Game" high-payi- STATE OF UTAH, Plaintiff & Appellant ROYS. LUDLOW, Defendant Appeal: Judgment quashing an information. . . . . appears that the deputy here Supreme Court: Affirmed. unduly pressed his prestige with its attendant duty and author- ity Plaintiff counsel: Vernon B. Romney, William Evans 430 Judge Bldg. Oefendant counsel: Paul N. Cotro-Mane- s, ' See details . page SALT LAKE AREA EMPLOYMENT NEWS The Civilian Work Force for the area totals 255,700 this month, up 300 persons (0.1 percent) from November and up 14,600 persons (6.1 percent) from December, 1971. This growth rate is well above the general population growth rate of the area and is a product of above-averapopulation growth, participation rate growth (a larger propor-tio-n of the population wanting to work and working), and improving economic conditions. Agricultural Employment totals about 700 Jobs this month. This is an industry that is difficult to get a handle on as far as employment forecasting is concerned. Manufacturing Employment numbers 33,700 Jobs this month, the same number as last month but up 3,200 Jobs (10.6 percent) from last ge Employment stands at 12,700 jobs for December, up 100 jobs (.8 percent) from last month and up 900 jobs (7.3 percent) from last year. Population growth is a factor as is the good building year. Service, Nonprofit, Miscellaneous Employment numbers 37,100 jobs at the moment, the same number as In November but up 3,700 jobs (10.9 percent) from December last year. Government Employment totals 44,900 jobs for the month, a decline of 100 jobs 2 percent) from November and up 1,700 jobs (4.0 percent) from last year. Federal government employment totals jobs, the same as last month but up 100 jobs (.9 percent) from last year. State government employment totals 16,000 jobs, down 100 jobs percent) from a month 300 but Jobs (2.2 percent) ago up from a year ago. Local government employment totals 17,300 jobs, which is no change from November but an Increase of 1,300 jobs (7.9 percent) from December, 1971. (-- 11,-6- 00 (-- .6 Mining Employment is slightly below last month and slightly down from last year. Construction Employment at 12,-4jobs is off from last month by 300 jobs percent) but is up from December, 1971 (21.3 percent). Transportation, Communications, Utilities Employment totals 16,000 jobs for the month, a drop of 100 jobs percent) from last month but an increase of 600 jobs (4.0 percent) from last year. Trade Employment totals 59,900 jobs at the present time, up 700 jobs (1.2 percent) from a month ago and up 4,900 jobs (8.8 percent) from a year ago. This industry has shown the greatest total job growth this past year of all the industries in the area. Finance, Insurance, Real Estate 00 .4 (--.6 Law As Career Vital, Useful ANN ARBOR, MICH.-L- aw is the glue that holds society together and allows us to live and work close together on a civilized basis. And this fact, says Atty. George D. Cameron III, gives lawyers a function of high social value. Cameron, a lecturer in business law at the University of Michigan Graduate School of Business Administration, explained wny he has a high regard for the legal profession at a conference for prelaw students at Eastern Michigan University. The lawyer must have mental skills and mental discipline to bring bear on legal and non-legproblems," he explained. And he will be found to have a critical, skeptical eye the lawyer wants to al evidence. The lawyer is generally He knows he has got the stuff to battle the bigshots, to take on anybody." self-confide- nt. WHAT HAPPENED? Reginald, a black man with a sales job, was transferred from Washington, D.C. to Cleveland. Able to afford an escape from for his family, he. the inner-cit- y scanned the ads for a home in the suburbs. Suburban ranch house, carpeted, attached garage, spotless, $200, invited one ad. Reginald called and asked if the house had been rented. Not yet Come on out and look at it, said the owner. YouTl love it. Reginald hurried to the house, looked it over, and told the owner he would like it. Sorry, but I already have a deposit from a man I showed it to today, the owner said. Angry and suspicious, Reginald sent a white friend, Mrs. Maguire, to see the house on the following day. The owner showed Mrs. Maguire around, then accepted a security deposit plus first months rent from the white woman. The next day Reginald and his family moved in. I didnt rent the house to you," said the owner. Im filing an eviction suit against you. WHO WON? Reginald remains in the house; an owner may refuse to rent for any reason except racism. "The owner violated the Civil Rights Act which grants black citizens the same right as white citizens to buy or rent real estate, ruled the judge. An owner can refuse to rent to an applicant on grounds of his credit standing, his age, the size of his family, or even his appearance of untrustworthiness. But he cannot refuse to rent to an applicant on grounds of his race. (Based on a recent federal court decision In Ohio as retold by John Ritter and Paul Levine of the University of Miami Law SchooL) UNEMPLOYMENT The number of persons unemployed in the area this month totals 12,200, up 500 persons (4J percent) from last month but down from last year by 1,900 persons percent). Penn Central Ruling Put Off By High Court OUTLOOK The Salt Lake Area is a growing area, both from the standpoint of population and from the standpoint of jobs. One of the factors which influences economic growth is social stability serving as a magnet to draw population to the area. Court Annuls Stiff U.S. Tire Recap Standard A U.S. appeals CHICAGO (UPI) court has ruled that a federal regulation requiring recapped tires to be as good as new tires was impractical" and did not enhance public safely." The three-judg- e panel of the 7th Circuit Court of Appeals threw out the regulation by the National Traffic Safety Administration as invalid in anopinion. in U.S. dismissed The suit was District Court last year. The plaintiffs charged it was almost impossible to bring retread standards up to those of new tires. The appeals judges agreed but noted the industrys admission there was room for improvement" in retread manufacturing. A government attorney said he will appeal the ruling to the U.S. Supreme Court. - 11-page ng - WASHINGTON (UPI) The Court has to refused Supreme consider an appeal from (he ruling. . the Penn Central reorganization court in Philadelphia before it has been heard in the Third U.S. Circuit of Court of Appeals. On Dec. 31, 1971, Judge John P. Fullam of the Penn Central reorganization court claimed exclusive jurisdiction over Penn Central assets, including properties acquired when it took over the bankrupt New Haven Railroad. Trustees cf the New Haven then appealed to the Third Circuit but, before it could act, they filed an appeal directly in the Supreme Court asking the case be consolidated with a companion suit involving decisions of the New Ilavcn reorganization court in New Haven, Conn. At issue in both cases is the $175 million purchase price which the Supreme Court decreed June 29, 1970, should be paid by Penn Central for New Haven assets. In October, 1972, the Supreme Court remanded to the Interstate Commerce Commission (ICC) the tangled bankruptcy problems of both railroads for consolidation into one proceeding. WEDNESDAY, DEC. 20, 1972 Lawyerand imp Held To Strict Care MILWAUKEE - The corporate pigeonhole? obviously clouds Uie true picture. On the other hand, the director does not enter into a distinct (ACCN) attorney serving as director bears a greater respon- sibility and is held to a higher legal relationship based on a standard of care by the courts than standard of good faith and honesty. 'The authors then turn to the director. a This is the conclusion drawn in the question of whether the attorney, as a corporate director, is held to a current issue of For the Defense," Corporate directors have been higher standard cf care than a characterized at various times as toyman acting in the same canaHlv Specifically, the case of Escott v. managing partners, mandatories, Barchris Construction Corp., 283 bailees, trustees, agents and FSupp 643 (SD NY 1968), is noted. In fiduciaries," the article explains. an action involving an attorney-director- s None of these terms, however, if viewed technically, are correct. The alleged misrepresent...(I)n attempt, therefore, to squeeze the ation, the court held: director into one of the existing legal considering (an attorney-directors- ) due (filigence defenses, the unique non-attorn- ey I . Texas International Records October Profit position which he occupied cannot be disregarded. As the director most directly concerned with writing the registration statement and assuring its accuracy, more was required of him in the way of reasonable investigation than could fairly be expected of a director who had no connection with this work.. This finding on the evidence in this case does not establish an unreasonably high standard in other cases for company counsel who are also HOUSTON Texas International Airlines, Inc., announced that it earned $49,000 in October from airline operations, compared with a $501,000 Iocs v ir October, 10 71, marking the first time the airline has earned a profit in October since 1966. The improvement resulted primarily from the continued strategy of eliminating loss operations, directors... strengthening cost controls, and de- The article concludes with this: veloping a higher yield structure, as a director cannot divorce the fact according to Francisco A. Loren- that he is an attorney from his zo, President directors function! In California Contractor Loses In Bridge Collapse Case The C.A. 3rd has held liable, in a personal injury action, under a theory of vicarious liability, a contractor whose subcontractor negligently used shoring jacks to support bridge falsework. The four plaintiffs were extensively injured when the bridge on which they were working collapsed. A subcontractor, Thomas Construction Co., did the work on bridge. Granite Construction Co. signed the contract with the state to build the roadway, which included tiie bridge. In the contract it was provided that all persons working on the project would be deemed employees of Granite and no subcontractors would be recognized. Granites main contentions are that since the state received a judgment in its favor, so should Granite. The other contention was that Superior Concrete Accessories Co., who made the jacks, should be liable under a theory of strict products liability. The C.A. ruled that Granite had no standing to raise the issue to as the states liability since the state was not made a party to the appeal. Superior was held not to be liable since the jacks had been safely in use for nine years and had not been designed for a job such as the one in question. The collapse was apparently caused by the unsafe overextension of the jacks by Thomas. The jury verdict in favor of the four plaintiffs was affirmed as to Granite, but reversed as to Superior with directions to vacate the judgment against Superior. Pearson v. State of California, C.A. 3rd, 3 Civ. 13058, Nov. 24, 1972, per Pierce, J. (hjh) $501 Held Excessive For Nominal Damages The C.A. 5th has ruled that $501 is far in excess of the amount that can legally constitute nominal damages. The suit was commenced by plaintiff tenants for wrongful eviction and wrongful detention of personal property from leased premises against the defendant landlords. The court found for the plaintiffs, but found no evidence of monetary damages, and specifically denied punitive damages. The record reflected that the trial judge intended to award nominal damages only. Noting that nominal" means trifling or insignificant," the C.A. held nominal damages are limited to an amount of a few cents or a dollar. The judgment was modified accordingly. Avina v. Spurlock, C.A. 5th, Civ. 1593, Nov. 28, 1972, per Thrown, J. T.N. Petersen and John E. Whiting for appellaits; Dorothy M. Washburn for respondents, (djt) . |