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Show (tW. Sariau Urd3r fclttet Univomity of Utah S!alt toko City, Utah 6112 WIS1RN SAIT LAKE CITY, UTAH VOLUME 16, NUMBER 31 Capsuls TUESDAY, FEBRUARY 15, 1972 Shearing the Sheep See Improvement For Industrial Realtors in 72 Utah Supreme Court Decisions -- Foreclosure Judgment Reversed LOAN REINSTATED BY PAYMENT ACCEPTANCE U.S. A, Plaintiff V. COLOMBINE COAL CO., et aL, Defendants & Appellants Trial Court: Foreclosure Judgment on two notes. Court: Supreme Judgment reverse! "By accepting payment on deinterest and principal after notice of acceleration, the linquent waived its notice and reinstated the loan." plaintiff Plaintiff counsel: C Nelson Day, U. S. Atty., A. Pratt Kesler, Asst U. S. Atty., 200 U. S. P. 0. & Court House, 350 S. Main. Defendant counsel: Donald B. Holbrook, Edward J. McDonough Jones, Waldo, Holbrook & McDonough, 800 Whlker Bank Bldg. See details page 6. Atty. Gen. Romney Expands Consummer Protection Staff - Industrial real estate brokers anticipate improved business conditions this year, the president of the Society of Industrial Realtors has emphasized. "For the knowledgeable, experienced, creative industrial real estate broker, developer, and investor, 1972 is' full of exciting opC.V.W. portunity and promise, (Dick) Trice. Jr., Miami, declared. There is greater demand today for smaller buildings (50,000 square feet or so), as opposed to a year ago. NEW YORK (ACCN) would not let her go till she had bought a car. We could present a list of the same organizations being cited and in again again complaints to us, the attorney general said. Mr. Romney suggested that a person should contact his attorney when contemplating a major purchase. It may cost you $25 of his time, but it could save you several hundreds of dollars. Wont Seek Governor He added that the attorney general's office and Better Business Bureau good sources of information about the reputability of firms. In response to questioning, Mr. Romney also ruled himself out as a candidate for governor this year. He also declined to comment on whether he would run again for attorney general. Mr. Romney, whose term has been a conservative contrast to the flamboyancy of his predecessor, Phil Hansen, said his office would seek to overturn a court ruling that the Ten Commandments Monument in the Building of Salt Lake City was unconstitutional. Announces Seminar Another turn of events the past month was the case involving an instructor at Dixie; College,' he noted. In that dispute an instructor successfully collected $44,000 in losses and damages. We are finding that public officials and policemen are being sued with greater abandon, the attorney general noted. He said his office would sponsor a seminar this spring to inform public employees what they can do Vernon B. Romney Will He Run? By Daniel K. Cunningham Dally Record Writer CAPITOL Improved consumer protection in Utah was promised by Utah Attorney General Vernon Romney last week. Utah is where the charlatans come to shear the sheep because we tend to believe what we hear and trust people in this state, said Mr. Romney. BEHLE NOMINATED FOR HIGH ABA POST My office is not anti business, but we are pro legitimate business, he stated during a press conference that introduce assistant attorney Grant Kesler, wholl head the consumer protection section. Frying Pan Fraud The MILWAUKEE (ACCN) Citing the rising incidence of growing market of liability inconsumer fraud, Mr. Romney said surance for corporate directors and an elderly couple had visited his officers (D and O) and its related office the day before. This couple had visited a busipolicy and coverage problems are ness to receive a free gift, in this reviewed in the current issue of the case a 4vfc frying pan. After three hours Defense Research Institute's (DRI). they finally left with their frying i Atty. William E. Knepper, of pan, but only after buying $700 worth of merchandise. They didnt Colmubus, Ohio, author of the book, Qtk and Officers f even know what some of the items of "Liability Corporate of treats were, such as a car stabilizer. three aspects Directors, O They signed the sales because the "D and public policy topic feared for their safety. they types of policies questions, Hostage 11 Hours available, and coverage and exAnd not long ago a girl of subclusions. normal intelligence spent 11 hours He begins with a discussion of A. Behle (pronounced Bdfe), left, Salt Lake City, lawyer on a car lot because the salesman whether it is a violation of public t with the law firm of Parsons, Behle A Latimer, Suite 520 Kearns Bldg Professor's Study: policy to shift the burden of liability Is congratulated by Leon Jaworski, president of the American Bar Asand expense from the individual sociation, upon being nominated by state delegates as a member of the officer or director to his corporation ABA Board of Governors representing the twelfth district (covering the and insurance company. states of Arizona, Colorado, New Mexico, Utah and Wyoming). Behle will For larger corporations, "D and stand for formal election by the House of Delegates this summer at the 0 insurance Is written primarily in 95th annual meeting of the ABA In San Francisco, August form: The first insuring a two-par- t the corporation for actions against its officers and directors; and the Based on WASHINGTON (UPI) second, insuring the individual ofCosts of than more 1,000 a survey ficers and directors themselves. The conof an newsmen and analysis minimum deductible is generally STATE 'D&O' Liability Insurance Topic Of DRI Article - rt' provisions and exclusions, Knepper cites the term "Wrongful Act as the key element in defining coverage in most "D and 0 policies. He presents varying definitions of the term from the policies of three major insurers, noting that it includes errors, essentially misstatements and omissions not deliberately and dishonestly com- mitted. Knepper describes and discusses nine exclusions common to "D and 0 policies, giving special emphasis to claims arising from dishonesty of the assureds. $38 An Ounce: . Bill to Raise Price of Gold WASHINGTON - (UPI) Congress was asked by the administration, February 10, to raise the price of gold from $35 to $38 an ounce, thus officially recognizing devaluation of the dollar. By raising the price of gold $3 an ounce, Confess will be sanctioning devaluation of the dollar and the world's other revaluation major currencies. Hearings on the gold price increase will start February 29 in the House banking committee. of (UPI) - Has Detected Lawbreakers also noted that his office has the power to investigate other state offices and divisions, and has done so when evidence of possible wrongdoing was presented There have been incidents where public employes have been on the take, the attorney general said. And these employes have been discharged or other steps taken.1 He declined to be specific about any such incidents, however, say-- , ing the "cases were closed." Mr. Romney stitutional law and subpoena practices, a University of Michigan legal scholar concludes that newsmen should be granted "abimand "unconditional solute issued from by subpoenas munity grand juries, legislative bodies and administrative agencies. In an exhaustive study of the press subpoena controversy, Prof. Vincent A. Blasi also notes that many per cent in 1968. The Commission also said doctors 5.6 Many doctors fear that rising overhead and other health care providers costs soon may outstrip the 2.5 per should keep a schedule of fees and cent annual fee increase they are .charges that were in effect before allowed under price commission last November 14 and make it guideline, according to the available to patients on demand. American Medical Association. The administration is. drafting a Some are planning appeals to the legislative proposal to require Internal Revenue Service, which is doctors to maintain permanent charged with policing the guideline, schedules after President Nixons the AMA said in its weekly wage-priccontrols expire. The AMA suggested a sign that newspaper American Medical News. The IRS could not say how ' doctors can post in their offices to many doctors have asked for meet the price commission rules, exemptions for the 24 per cent rule. but said that some doctors were Two physicians have applied for grumbling about the fee schedules, approval of fee boosts in excess of that "this isnt a grocery stare, and the 2 per cent limit under the new that patients were not asking to see guidelines. Although many indicated the schedules anyhow. that their management consultants "Not a soul has asked to see it (the or attorneys are studying such schedule) since we put up tire a move, AMA said. It quoted a notice, said Dr. Richard W. Thaler Phoenix, Ariz., pediatrician. Dr. W. of Boston. Scott Chisholm, Jr., as saying Ms The suggested sign would read: medical group's attorney was "To all my patients. A schedule of preparing an appeal because ex- base fees of my principal services pansion plan and rent hikes will add and each change in such fees is more than 7 per cent to the groups available in this office upon request, overhead costs. as required by the price comOther doctors complained that mission. medical suppliers were increasing The AMA argues that the price pwmmiirinn guidelines will not curb their prices. The price commission fee health costs. We do not believe that guideline for doctors, dentists, and osteopaths surgeons, to chiropractors was adopted curb a 12.9 per cent annual rate of health care inflation. Doctors Mils increased 6.9 per cent in 1971, 7.5 per cent in 1970, 6.9 per cent in 1999 and the regulation requiring that physicians maintain a schedule of fees will have any effect on an AMA stabilizing prices, spokesman said. "Patients rarely are usually chosen on the basis of ability. Jaworski Praises feel "the most serious with press subpoenas is problem that they are issued in unnecessary newsmen Work on Criminal Justice Standards when the circumstances reporter has no important in- e ROUGE (ACCN) Leon Jaworski, (Special) president of the American Bar Association, today praised the development and implementation of the ABA Standards for the Administration of Criminal Justice as one of the key means of bringing about nationwide improvement of Americas criminal justice system. Speaking at the National Judicial Conference on the standards which began here today at Louisiana State University, Mr. Jaworski called improvement of the criminal justice system "the greatest challenge our profession has faced in this century." BATON formation to contribute. The U-professor suggests, under certain however, that if circumstances subpoenas were restricted to civil and criminal cases in which reporters can offer significant information, "the adverse effect on the news flow would be quite minimal and quite M . tolerable. of confidential newsmen developing relationsMps with sources as a means of gaining information for interpretive news coverage, Prof. Blasi writes: "Reporters are deeply concerned about being subpoenaed primarily because the possibility of their in- Noting the importance in-dep- th, volvement in investigative and adjudicative proceedings can 'poison the atmosphere of their source relationsMps. . . The prime concern is that the subpoena threat can cause sources to tighten up and behave in a more j ' self-conscio- us fashion. ty and what they cant. - M.D.s Fear Price Lid Consequences WASHINGTON . Immunity From Subpoena Urged For Newsmen Overhead and premiums range from to $50,000 per three-yea- r period for a limit of $5 million coverage. Turning to a discussion of policy City-Coun- s 14-1- 7. $20,000 $15,000 AMEMM . "The ultimate objectives they seek to attain are: to promote fair, balanced justice, effective law enforcement and adequate protection of society, and at the same time to delineate and safeguard the Constitutional rights of those suspected of crime, he said. ' I |