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Show pjlpA WESTERN iv :rt.i;y 'ttni 11& L LU:r.;ry Hobart rchirf l: l.y of uf li. SALT VOLUME 16, NUMBER 40 Utah Supreme Court Decisions Capsule Decision 3-- 2 IAH CITY, First U.S. Suit Over Wage Hike Hits A&P, Union BALTIMORE (UPI) Contractor Wins Claim Above Basic Contract EWELL & SON, INC. V. DENVER & RIO GRANDE WESTERN RR CO., UNION PACIFIC RR CO. and SALT LAKE CITY. Trial Court: Verdict in favor of defendant Salt Lake City and against railroads. It is well established by our Rules of Supreme Court: Affirmed. , Procedure . . . that we will not reverse because of mere error, but only if it is substantial and prejudicial in the sense that there is a reasonable likelihood that unfairness or injustice has resulted. By Justice J. Alan Crockett. Justice F. Henri Henrlod dissenting: (Chief Justice Callister concurs on dissent). It appears that the main opinion partakes of the hor doeuvres of this case but fails to jawbone the meat of it. . . . "The only issue is whether factually there was an enforceable oral contract between Ewell and the Railroads . . . Plaintiff counsel: Worsley, Snow & Christensen, Reed L. Martineau 701 Cont. Bk. Bldg., Jack L. Crellin, 101 City & Cnty. Bldg. Defendant, counsel: VanCott, Bagley, Cornwall & McCarthy, 141 E. 1st S., Norman Kittner, S. A. Goodsell, A. U. Miner, D. A. Bybee, Union Pac. Bldg. UTAH - The gov- ernment has filed its first suit to enforce federal wage control standards, charging the Great Atlantic and Pacific Tea Comapny (A&P) grocery chain and a Baltimore local of the meatcutters union with paying employees wages in excess of pay board standards. The Justice Department action involves 77 workers in A & Ps Hollins Ferry Road plant in Baltimore. The employees are represented by Local 117 of the Amalgamated Meatcutters and Butcher Workmen of America, AFL-CILast November, on the day the freeze expired, the union wage-pric- e struck the A & P plant after the company turned down a 32 per cent pay hike for the workers. A&P complained to the Intemar Revenue Service, the enforcement arm of the economic control. program, but settled the strike nine days later, granting the employees a increase in a Ihnonth O. a percent See details page 4. The Justice Department suit, filed February 24, in U.S. District Court in Baltimore, said the segment was far in excess of the paypgcd s 5.5 per cent guideline for wage increases and thus violated government regulations. The suit seeks $2,500 in civil of low with the capable filming light penalties from both A&P and the levels at night. So that the bright union, an order directing the light of daytime will not overexpose company to stop paying wages the film, a filter drops into place in higher than pay board standards, the daylight, on command of a and other relief. photoelectric cell. The camera is encased in a small box with a signal light on the outside Group of it, which is activated when the Attorneys camera and recorder shut off Builds Law Center following an accident, to preserve the record from being erased. This Condominium Combo signal light enables Division personnel to see from ground level that The ASPEN, COLO. (ACCN) the unit has been turned off, and to first of Law Center The phases reload and restart the camera-recorde- r. a $6.5 million condominium In addition, a' TV monitor development with educational and is located nearby to enable a field recreational units will be built this playback if desired. summer at Snowmass Resort in Phototaping Auto Accidents Tried On California Highways -SACRAMENTO (ACCN) Among the most ingenious devices ever assembled to compile an eyewitness account of how .certain types of traffic accidents actually occur has been put into operation by the California Division of Highways, District 7. . The equipment involved was modified to meet the demands of the $35,000 project, which will provide a camera-recordcoverage at four sites in the District. All are locations where barriers known as attenuators have been installed in the space between two the diverging roadways areas. gore For some months the Division has been testing three types of these specially er energy-abosorbi- ng high-accide- nt which are crashes. has the fewest side effects on other motorists, and which is the least expensive to maintain over a long period of use, are factors in impact softeners, designed to save lives in Which of the three types question. To film the barriers in real life situations, the Traffic Department of the Division adapted a video TV tape recorder attached to a movie camera. Both units had to be extensively modified for continuous operation, as well as to meet other practical problems. An electronics company from which the equipment was purchased devised the ways to ' modify the equipment, and also created adaptors that permit both daytime and nighttime filming. As installed, the system will consist of an impact switch on the attenuator barrier. When a car hits the barrier, a sensor sends a signal to the TV tape recorder, which normally is continuously self- erasing. But when the signal from is set the sensor is sent, a time-clocoff which times out to twelve minutes, and then shuts the recorder off, thus preserving a complete record of the accident. The movie camera is flanked by a infra-re- d n battery of lights. These lights are used in company with a Tivicon-tub- e k half-a-doze- - Aspen. The project will be a development of Aspen Law Center, Inc., a corIn California: poration formed by a group of Denver attorneys headed by Ernest C. Friesen, Jr., a former assistant attorney general of the United States and professor of law at the University of Denver. The Law Center will include a 10 5,000 square foot auditorium, classrooms, a complete basic law for all states and a conSACRAMENTO (ACCN) A re- library dominium development called The presentative for a northern Inns of Court. The Inns of Court California consumers group has will include 150 condominium units called for the removal of all industry as well as swimming pools, paddle representatives from licensing tennis courts, a sauna, whirlpool boards in the States Department of bath, other recreational amenities, Consumer Affairs. State Licensing Boards Under Consumer Fire - and Lisa Spear, executive director of the Sacramento Consumer Protection Assn., told members of the Assembly governmental organization committee that the present licensing boards are positively useless as far as protecting the consumer. She called for the reconstituting of these professional boards with public members and consumer representatives replacing professional industry spokesmen now sitting on the boards. The industry representatives would sit in an advisory capacity under the recommended (dan put forward by the witness. ' employee housing. Con- dominium prices will range from $39,000 to $43,000 with furniture, kitchen and bedding packages available. Investors in the project include Jacob D. Fuchsberg, a New York attorney and former president of the American ' Trial Lawyers Don Association; Shapiro, former director of the Practising Law Institute, New York; Fred Graham, Washington D.C., reporter on the Supreme Court for the New York Times and author; Nesta Gallas, professor at the City University of New York; and Kenneth Kripke, Denver lawyer and former president of the Colorado Trial Lawyers Association. WEDNESDAY, MARCH 1, 1972 Profit Taking Natural Resources Firm Rises In Penny Market By Daniel K. Cunningham Daily Record Columnist Mountain SALT LAKE CITY States Resources surged to 60 cents briefly last week, then closed Friday at One patient investor, an acquaintance of the writer, purchased 10,000 shares of Mountain States for only a dime a share two years Xtfmb. When the market topped in 47-5- 0. he midweek, , O . tfj2. t ountain States was trading at 39 :o 42 cents in mid ,Frurys the 1t quickly sold out, clearing a $5,000 profit in the pro- ' klnd act,on Panltnrc' niBT I'OUIlOrb Urges Restrajnt ujiL pArii. IXCiTT USLe n llk?b I nWASHINGT0N (ACCN) - It is that property owners exercise restraint in raising rents, even though permissible under current regulations, Realtor Fred C. Tucker, Jr., Indianapolis, president of the National Association of Real Estate Board (NAREB), has cautioned. He added that where some increase is unavoidable to keep the project viable, or even in some cases solvent, careful explanation to the tenant is important. To reduce inflation, as well as unemployment, we must succeed in the stabilization of prices, rents, Realtor wages, and salaries, who of Rent is the a member Tucker, Comto Board the Price Advisory mission, said. Success will depend not just on, formal limitation and regulation, but on cooperation and voluntary restraint on the part of all of us. Obviously it is necessary that labor unions exercise restraint in seeking wage increases and that salaried employees recognize the need for moderation in calling for higher salaries. He noted that we should all recognize that rent control is, in the long-ru- n, tificially-impose- d counter-productiv- e. Ar- - lures the aggressive investor into the penny market. Meanwhile, one other offering weakened slightly during the week. Alpa Corp., Salt Lake City, was 5 cent range, trading in the down a nickle from two weeks ago. Alpa was issued at $1 a share 18 months ago. The company manufactures an Alpascope, which measures the sensitivity of the eye to light. The firm also manufactures a Photoscope, used in opthalmic work, and a machine that chemically hardens lenses to make them impact proof. Has Mexico Plant An officer of the company also said Alpa has a manufacturing concern in Mexico that makes microscopic equipment for sale in Mexico. Another stock, Investestate was down steadily at 7 cents bid; 8 VS cents asked. Investestate owns a percentage of The Winery, a Salt Lake City private club, and Aspen Acres, a land development on the Upper Weber River nine miles east of Oakley. Owns Apartments The company also owns two apartment buildings in Salt Lake City, Heritage Gardens and Cedar Crest. The company also reportedly owns ip a 1,648 acre ranch in Sanpete County, 37 miles south of Provo. In other trading, Rocky Mountain Nuclear was up three-eightof a dollar from a week ago, to $1.25 asked. Rom-Amdropped another 50 cents to $7.00 bid, $7.62 asked. Toledo Mining, continuing a slow upward trend, rose to $3.12 to $3.37, while Strategic Automated Systems, reportedly in the pollution control business, dramatically jumped 50 cents to $1.75 at $2.00. Flagg Mining remained at 30 cents bid, 40 asked. Process Systems was quoted at $1.50 bid, $1.75 asked, down a quarter, as buylowered. ing pressure But on Monday buyer interest drove the stock back up to 2.12 bid, 2.37 asked. (Neither Mr. Cunningham nor the publisher have any investment position in the local Issues listed above.) 65-7- half-intere- st hs er out-of-sta- te over-the-coun- rniinTr vUUlllNCO ter I LdWo limitations on rents can inhibit construction and rehabilitation, bring about abanA NEW YORK (ACCN) donment, and cause misunInternational Legal Center derstanding between owner and United Nations near the compound tenant. Therefore, he said, we must will York New in in assisted be City strive to make this present rent work of its the aiding control program as temporary as continuing of the legal systems of development possible The Price Commission and Cost developing countries by a recently-o-f announced Ford Foundation grant of Living Council will be looking miUlon-th- e very closely at the performance of Many countries erf Asia and Africa Consumer Price Index over these few nnnth honing surely emerged from colonialism in the that Phase II rent controls can be years after World War II with patch work legal systems made up of local totally lifted when the rent com-law and borrowings from ponent of the Index satisfactorily customary western legal traditions, responds to the stabilization Anxious that their new nations not pmgram d At the time President Nixon an- frepecl for law, governmental leafers faced nounced the wage, price, end rent the dual task of adapting thia freeze, designed to and preserre the inSJrity of fee UoMmd eetebluhlng center, American economy, NAREB'a tor legal training end naearch, a resident at that time, Realtor Bin Ford Foundation announcement of N. Brown, Albuquerque, pledged Urn support of NAREB, saying that it Tle International Legal Center would do everything in its power to was or8&nized with Foundation make the administrations program support in 1966, effective. - six-year-o- ld J" ndolegdhitegetolocl f1 Pts |