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Show Parialu urdsr u'lttrtirunf Univopuity of Utah Salt Loko City, Utah 64112 SALT LAKE CITY, UTAH VOLUME 16, NUMBER 36 Utah Supreme Court Decisions Scaffolding Fell WORKMEN'S COMPENSATION RESPONSIBILITIES PETERSON, et aL vs. FOWLER, et aL Trial Court: Dismissed action Supreme Court: Affirmed. "It would be necessary for the plaintiffs to sustain the burden of showing that deceased was neither employed by nor was he engaged in the same employment with the respondent They have no proof of either proposition the trial court did not err in granting summary judgment to the respondent. 1) It is the duty of the Industrial Commission and not of the architect to see that contractors furnish their employees with safe places to work. Plaintiff counsel: Howard & Lewis, Jackson Howard, 120 E. 300 N., Provo Bayle & Lauchnor, Wallace R. Lauchnor, 1105 Continental Bank Bldg. Defendant counsel: F. Robert Bayle, Reed L. Martineau, Worsley, Snow & Christensen, 701 Continental Bank Bldg. Ernest F. Baldwin Jr., 702 Kearns Bldg. Bee details page 7. ... ATTORNEY GENERAL OPINIONS JUDGES ELIGIBLE FOR REFUNDS EXCESS RETIRMENT CONTRIBUTIONS By K. Roger Bean Asst. Attorney General See details page 4 Firms Closing Ripples Market For New Issues - ter far the ripples are tiny. The court moved to liquidate Salmon on application of thi Securities Investor Protection poration, and the Securities and Exchange Commission. Shares of To several companies, sponsored by Salmon, which had soared above the The original issuing prices took a nose LINCOLN, NEB. (UPI) Nebraska Supreme Court has or- dive when it was learned their dered a age child liquidity and that of Salmon waf returned to his mother, ruling being investigated. Both the SEC and the National premarital conduct of the child's mother should not be weighed in Association of Securities Dealers judging the womans fitness to keep are seeking to determine how serious the shock waves may the youngster. In a 3 decision, February 10, the become. The conviction that 1972 ii court ordered Mr. and Mrs. James D. Huffman of ONeill, Neb., to becoming a big year for new issues immediately return Lawrence was expressed by various Wall William Marcus to his natural Streeters and backed up by figures. mother, Mary Marcus of Los The OTC market edition of ComAngeles. Mrs. Huffman is the mercial k Financial Chronicle has parental grandmother of Lawrence. shown the weekly average of new issues on the OTC and American Mrs. Marcus testified that she had Stock Exchange rising to 15 to 20 as attempted suicide, was kept in a against five to seven a year ago. juvenile home for possession of Thats still far off the pace set in the marijuana, and at 16 gave birth to 1950s and early 1950s which caused another child, not the subject to this the SEG and Wall Street leaders to case. warn the public against buying "The best interests of the child stocks of new companies that remain supreme, the court said. "appeared to have been formed "It is clear . . . that courts may not solely to market their own properly deprive a parent of custody securities. of a minor child unless it is af"Nothing like that is happening firmatively shown that such parent now, says Richard Gilman of is unfit to perform the duties im- Edwards k Hanly, a firm active in posed by that relationship or, has new issues. "The companies now forfeited that right. selling stock to public for the first The Huffmans, who have kept time are mostly long established and Lawrence the past two years, filed have good track records, and the for adoption using the grounds of brand new firms seem to be well abandonment. They also used as a conceived. Gilman expects many small major issue in their case the to go public this year. He companies premarital relations of the mother. said many firms got burned in the "That argument is insupportlate 1960a by retying on short term able, the court ruled. If such a borrowings instead of going to the position were to be adopted by the trouble to sell stock "Tight money court, millions of parents would came and the banks called along stand in danger of having their their loans. parental rights challenged. Commercial Financial k The court also noted that a Chronicle gives the performance California court, in a divorce records of around 300 comparatively proceeding, had granted custody to recent new issues each week. These the mother and said the Nebraska performances are nothing like those courts should not tamper with the of the wild days of 1950 and 1960 yet aome are noteworthy. ruling. Held Not Bar Child Award - pre-scho- 4-- ol Terra Travel: Flying High With Golf Vacation Success If at first you dont succeed, try, try again. Thats the motto of Terra Travel and the travel agencys successful second and third efforts have more than compensated for its first failure. travel agency last The month $600,000 with signed a contract, McKesson-Robbin- s to handle Incentive travel bonuses this year Mr, Cunningham for employees and distributors of that drug firm's western region. Successful European Tours Terra Travel has also been successful in booking package European golf tours for country dubs. The success with both incentive travel and country dub tours didnt come easily, says Ernest H. Cummings, president of the subsidiary of Terracor, Salt Lake City-bascommunity developer. 12-ye- So The agency was officially opened in November of 1970 and within six months had established a cash flow, primarily based on commercial accounts. "We dedded to expand into the student travel market. But because of the depressed economy, it didn't work out the way we thought it would. We tried to offer education programs along with the tours, but couldnt compete with companies already established in the field. Reached Affluent Society Then Terra Travel discovered that even in a depressed economy, effluent parents will travel while their children stay home. "We found that by working the country dubs we were reaching the affluent society, Mr. Cummings noted. Steel Shipments Hit Four-Yea- r Bottom in 1971 WASHINGTON (ACCN) -D- omestic steel shipments fell to their lowest point in four years during 1971, according to American Iron and Steel Institute. AISI reported that domestic mills shipped 87,038,000 tons of finished a steel mill products last year and tons from of 1970, 3,760,000 drop the lowest annual shipment total since 1967. Record imports of 18,322,000 tons, a 60 percent drop in exports, and generally sluggish economic conditions combined to depress industry performance during 1971, the Institute said. Complicating matters was the disruption in normal market patterns caused by consumer hedgebuying in anticipation of a steel strike. possible nation-wid- e When a new labor pact was signed without any such production shutdown, steel consumers worked down their swollen inventories, rather than buy new metal. As a result, industry shipments slumped badly, low in August. hitting a Toward the end of the year, however, the situation began to improve. Shipments rose for the fourth month in a row during 12-ye- ar December, hitting 6,104,000 tons. ar co-spon- Travel-sponsore- Ernest Cummings N.J. Remap Ruling Hints Counties Out By Stuart Mendelssohn TRENTON (UPI) New Jersey Supreme Court Chief Justice Joseph Weintraub has warned that multimember legislative districts may find themselves in judicial trouble. In the opening day of arguments before the court on the constitutionof the state ality of the make-u- p legislature, Weintraub said that "the multimember district is going to one day get very rough treatment at the hands of the courts. Weintraub agreed with the arguments of David Goldberg, who represented the legislative reapportionment commission which determined representation in the legislature, that the state constitution requires that county lines be adhered to as much as possible in forming districts. He also noted, however, that it is impossible to adhere to these lines completely and still follow the "one man-on- e vote dictates of the U.S. Supreme Court. Weintraub suggested, instead, that it might be wiser to subdivide the counties into numerous "one-memb- districts. er Persons representing part of a county, said Weintraub, would still be the county spokesmen envisioned by the framers of the state constitution. Justice John J. Francis, noting that Hudson County is underrepresented by 13.29 per cent in comparison to the average size of the districts and that Warren-Susse- x district is overrepresented by 15.54 per cent, questioned if these variations did not violate the one h M which is why our tours appeal to affluent persons. We also arrange ail their sight seeing on an individual basis. Terra Travel also sponsors a golf tournament for club members and presents trophies to club winners on their final night in Europe. veteran Mr. Cummings, a of the travel business, added that the Terra Travel approach to generating new business has caught the eye of various international airlines who are now negotiating tours. to Terra Travel employed only four persons six months ago and is presently expanding its staff to a dozen. Branch offices in Miami, Los Angeles, San Francisco and other cities are in the planning stages. Mr. Cummings stresses that expansion will come slowly and carefully. A branch will be opened in a city only when sales in the area can support it. Contemplate Expansion Terra Travel headquarters will remain in Salt Lake City, however, said Mr. Cummings, whose office is in the Brown Mansion, 529 East South Temple, also home of the patent company, Terracor. Terracor will continue to supply supporting services, such as accounting, payroll, mailing, legal services and advertising. 'Terra Travels annual cash flow rate is expected to reach the $1 million dollar level by'August of this year, he said. Mr. Cummings added that he personally investigated a large Boston travel company that assists thousands of travelers a year. "There is no reason why a company similar to that one cannot be based in Salt Lake City. Last July a local country club was tiie first to be booked on a Terra Travel golf vacation in Europe for this winter. "Now we have most of the private country clubs in Utah, Idaho and Phoenix committed to participate in one of our tours, Mr. Cummings said. Remarkable Closing Factor "We thought this might be a local phenomenon, but we went to San Francisco and sold five of five clubs we approached. "Then we went to Dallas, called on five clubs and sold all five. Terra Travel has experienced a remarkable 73 percent closing factor in getting country clubs to d participate in Terra tours. golf The custom-mad- e golf tours allow members to obtain lower airline and hotel group rates. Not Regimented "But they are not regimented, .. ed By LeRoy Pope UPI Business Writer NEW YORK (UPI) Liquidation S. Salmon k J. proceedings against a under Co., big are causing shock writing firm, ripples in Wall Streets best new issue market in several years. over-the-coun- Mothers Past WEDNESDAY, FEBRUARY 23, 1972 man - one vote concept. "If Im satisfied that the Supreme Court decision requires a much lower deviation, said Francis, "there will be no question in my mind that the slate constitutional it's invalid. provision has to go ALI-AB- A Prepare Seminar on Drug Problem and Law - ExPHILADELPHIA (ACCN) perts from the fields of law, medicine, psychiatry, sociology, pharmacology, and laboratory chemistry will discuss the many aspects of understanding and handling drug cases at the second Course of Study on Drugs ALI-AB- A and the Criminal Process II, to be presented at the Barbizon-Plaz- a Hotel in New York on March 16, 17, and 18. The faculty will examine factors leading to drug misuse, individual and social effects of drug abuse, recent progress in scientific research and development, and the struggle of the legal system to adapt itself to handle drug-relate- d problems. Legal issues will include patterns of arrest, pre-triand trial al techniques for prosecuting and cases, options defending drug available in ' sentencing drug abusers, including specialized treatment programs, and legislative and regulatory developments, including international control aspects. i |