OCR Text |
Show . Ssrialo Oedjp n. Sflt Lake Lit 'WESTERN """ University of Uteh City, Utah 8112 VOLUME 15, NUMBER 132 SALT LAKE C I T Y UTAH , MONDAY, JULY 12, 1971 Health Care Supreme -Court- Decision Liberalizing Forecast Clipfli'f INSURANCE COMPANY AnEMPTS TO DENY COVERAGE Daughter alleged to be nonresident on fathers - v. MARVIN J. WALKER, DIXIE ANN WALKER AND ROBERT W. CLUBB, Defendants and ROBERT W. CLUBB, Plaintiff v. before the country now for extension of government supported health Insurance company held liable and neys fee awarded. Supreme Court: Affirmed. A resident of a household is one who is a member of a family who live under the same roof. Residence emphasized membership in a group rather than an attachment to a building. It is a matter of intention and choice rather than one of geography." Justice A. H. Ellett wrote the decision. Plaintiff Counsel: Kipp & Christian, D. Gary Christian, 520 Boston Bldg. Defendant Counsel: Richard & Richards, William S. Richards (for Walkers), 900 Walker Bank Bldg. Lee W. Hobbs (for Clubb) 1119 Cont. Bk. Bldg. See decision in detail page 7 defending attor- Postal Savings Assets Share - In the new NEW YORK (ACCN) fiscal year which began July 1, notes Tax Foundation, Inc., Federal aid to state and local governments will reach a new high, an estimated $38 h billion, a sum equal to about 1972 of total budget spending. Some lesser but more unusual Federal largesse to the states came to light in recently proposed House legislation. This bill, if approved, would dispose, by a series of annual payments to the 50 states and the territories, $11 million of unclaimed money formerly deposited in the Postal Savings System. When PSS went out of business five years ago, $57 million on deposit in post offices throughout the land was transferred one-sixt- the UJ5. Treasury. Last year, an additional $8 million was also transferred, making a total of $85 to million in unclaimed funds. Beginning in July 1987, and up to February this year, the Treasury had liquidated 83A per cent paid to claimants $54.4 million of this sum. The payoff represented 102,000 accounts, but there are still 477,500 unclaimed accounts. Before the Treasury began liquidating the funds, several states contended they were entitled to the money under their abandoned property laws. The Treasury said it would not recognise these claims under the abandoned property law until a judicial determination had been made. The sponsors of the legislation note that the money which is ths property of individuals and not of the U.S. can go, by state court process, to a state which has laws covering failure of a property owner to make a claim. The Federal legislation, the care. Like President Nixon, Whitted expressed opposition to the total Justice E. R. Callister Jr., John L Black, Mrs. Lloyd Bliss, John E. Bradley Jr., James P. Cowley, Gordon A. Madsen and Stephen B. Nebeker. Gov. Calvin L. Rampton will make the appointment from a list of three nominees. Discounts Welfare Cheats WASHINGTON (UPI) Welfare clients suspected of cheating represented less than 1 per cent of the nations welfare case load in 1970, the government said July 7. State welfare agencies identified 88,800 cases of suspected fraud, an increase of 200 cases over the 1909 total, the HEW department said in a report on welfare fraud. dation. Back in 1837, the Federal government distributed about $28 million in surplus funds found in the Treasury to the then 26 states of the Union. deposited on a loan basis, but no arrangements were made to have the interest paid or to amortize the principal. Anticipating that the U.S. unexpectedly might call the "1837 loan," Sen. Caleb Boggs of Delaware (whose state got $286,751.49 of the distribution) recently banks to do so. On Friday, July 2, four small and middle sized banks, including three with assets of $l billion or more, raised the prime rate to 6 per cent. The Bank of New York followed Manufacturers Hanovers lead MICHAEL LYON JOINS ROMNEY & NELSON D-Ma- ss. Chief 1837 Manufac- turers Hanover Trust Company, raised its price rate for business loans to 6 per cent from 5V& per cent July 6, the first of the nations giant national heatlh program being urged by Sen. Edward Kennedy, He said the Kennedy plan would probably eliminate the private insurance industry" from health care. He said it would create a total government operated health program, including psychiatric and dental services, nursing home services and home health services. He said the Nixon administration firmly intends to stick private insurance as the basis of any national APPLICATIONS INVITED health program but that this will compel federal regulation of the -T-HIRD DIST. JUDGE insurance industry which now is L M. Cummings, Chief Clerk of regulated by the states. the Utah Supreme Court indicated applications for nomination will be accepted by their office or by any member of the Third Judicial Dis- - Seminar Reveals trict Nominating Commission. Members of the commission to Nonsupport Draws Legal decide on Third District Judge Action After 30 Days Aldon J. Andersons successsor are HEW - RATE the more prominent porposals DIXIE ANN WALKER, Defendant States May Get NEW YORK (UPI) NEW YORK (UPI) Drastic in care health procedures changes and the method of paying for them are inevitable in the United States in the near future, a government spokesman told a section of the American Bar Association July 6. Warren R. Whitted, a confidential assistant to the secretary of HEW, gave the bar delegates a rundown on policy. Right of attorneys fee for defending declaratory Judgment questioned. AMERICAN STATES INSURANCE CO. Plaintiff & Appellant Trial Court: N.Y. BANKS HIKE in- troduced a Mil to make the distribution on outright grant to the states. In the 1837 distribution, the largest went to: New York, $4 shares bills sponsors say, does away with need for such a lengthy legal million; Pennsylvania, $2.8 million; Virginia, $2.2 million; Ohio, $2 procedure. But this will not be the first million, and Kentucky, North Carolina and Tennessee, each $1.4 of unspoken-fo- r handing-aroun- d - million. U.S.-hel- d Founthe money, says Assistant Attorney General Kent Yano and Gus Panos, Director of Legal Recoveries, Division of Family Services, participated in a regional welfare seminar at Manti last week. Coordination between the Attorney Generals office, Family Services Division, and the county attorneys was stressed, according to Mr. Yano. Topics discussed were: (1) How to effectively present State welfare cases in court from an evidentiary standpoint; (2) How county attorneys can render efficient service to the Family Services Division in the area of legal recoveries, and (3) Implementation of the new computer program in terms of collecting delinquent support payments. Mr. Yano emphasized that, under the new system, the Attorney General, Family Services, and appropriate county attorneys will take in legal action after thirty-day- s cases on nonpayment of support. The Attorney General is prepared to supply regional welfare units and county attorneys with appropriate precompleted forms for prosecution of delinquent support payment cases, according to Mr. Yano. Seal a Checkpoint For Phony Money A good way to spot a counterfeit e bill is by certain signs on the seal. On a genuine bill the h around the rim of the seal are points even and sharp. On a phoney greenback, however, the points may be uneven, blunt or broken. tell-tal- saw-toot- BUSINESS ON LOANS almost at once, July 6. Manufacturers said the recent sharp ripe in short term borrowings and the rise in the cost of funds to the bank had forced the increase in the price rate. The bank said these factors had contributed to a 15 per cent drop from a year ago in its earnings for the second quarter of this year. An increase in the prime rate by the nation's top banks has been expected since First Pennsylvania Banking k Trust Company of Philadelphia, which is the states in the largest, but only twenty-firs- t nation in terms of deposits, raised its prime rate to 5 V per cent from 5Va a few weeks ago. A number of scattered smaller banks began raising the rate by either or one-hapoint. The big banks apparently decided to wait and see. one-quarl- er lf Specifically, it appeared, the big banks were hesitant after White House reaction to First Pennsylvanias move. The reaction was swift. A White House spokesman said President Nixon was disappointed at the trend of interest rates. The spokesman said increases in the prime rate now might be unwarranted because it appeared ample funds are available for business loans. Michael D. Lyon Michael D. Lyon has joined the law firm of Romney & Nelson, 404 Kearns Bldg., Salt Lake City. A native of Ogden, Utah, Mr. Lyon graduated from Weber State College, B.S. cum laude in 1968 and received his J.D. from the University of Utah this year. He is a member of Phi Kappa Phi, Blue Key National Honor Fraternity and the Bar and Gavel Society. As a 1st Lt. in the U.S. Army Reserve, he will go on active duty for three months after taking his bar examination in August. Lyon plans to rejoin the law firm of Romney & Nelson following his tour of military service. Mr. Lyon and wife Mary Margaret make their home at 446 University Village, Salt Lake City. They have two children, Kristin 2ft and Natalie 14 months. Mills Warns of Private Arms Stockpiling - NEW YORK (UPI) Millions of individual citizens and "vigilante groups" were spending an estimated $2 billion a year in arms and protective devices, more than one-ha- lf a billion dollars more than was e spent in 1971 in all federal programs, House ways and means committee chairman Wilbur Mills said July 6. The Arkansas Democrat said the $2 billion figure was alarming and not pleasant to contemplate. "To put his figure in perspective," Mills told American Bar Association lawyers, "it exceeds by over one-ha- lf billion dollars the entire amount provided for programs to reduce crime in the federal budget for the 1971 fiscal year. It is over 17 per cent as large as the total $11.5 billion that anti-crim- Walters Named By Nixon as New IRS Head WASHINGTON resident (ACCN) -P- Nixon has selected Assistant Attorney General Johnnie Walters to head the Internal Revenue Service. The IRS commissioner-designate was born in So. Car. in 1919, Darlington County, and obtained his education at Furman University, Greenville, So. Car., and the University of Michigan Law School in Ann Arbor. Walters served in the Air Force from 1942 to 1945, flew 50 combat missions. He was awarded the Air Metal with Clusters, the Purple Heart and the Distinguished Flying Cross. He is a member of the American Bar Association and affiliated with the Greenville, South Carolina law firm Geer, Walters and Demo. Practicing law since 1948, he was employed from 1949 to 1953 in the Legislation and Regulations Division in Internal Revenue Service, Washington, D.C. and from 1953 to 1961 by the Taxation Division, Legal Department, Texaco, Inc. all levels of government federal, will spend for state and local crime prevention programs in 1972. Mills said a growing disrespect for law and order has prompted Americans to buy everything from tear gas fountain pens to firearms. "It is neither good economics nor good government for an essentially public function of law enforcement and crime prevention to become disseminated in the private sector and scattered among millions of individual citizens and vigilante groups, Mills said. |