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Show Fcriuli I'M.r P: Jilt University isf Ut-- cait LukeCity, Utih tuU TUESDAY, MARCH 13, 1973 SALT LAKE CITY, UTAH VOLUME 17, NUMBER 48 ir' Four-Seoso- ns Utah Supreme Court Decision By Daniel K. Cunningham Daily Record Columnist ST. GEORGE, UTAH-F- or many years now large organizations looking lor a convention site have had an ex-- i for ignoring St. George. The town just didn't have any facility available. But now a con vention center will in be soon RUSSELL G. HOLLEY, v. J PARTNERS, FEDERAL RESOURCES CORPORATION and AMERICAN NUCLEAR CORPORATION, Defendants and Appelants, FEDERAL-AMERICA- N operatkm-th- e Seasons-an- Fou-j- d r it will have an impact on the southern Utah economy. Mr. Cunningham The first convention .is already booked into the Four Trial Court: Judgment in favor of plaintiff. Supreme Court: Affirmed. 1). . . .contract. . . .should be enforced according to the meaning of is terms as intended by the parties. ... 2) Plaintiff is not chargeable with the drafting of .. lease because it was drafted by attorneys representing the defendants 'side of this controversy. Trial court was therefore justified in resolving any uncertainty in the plaintiffs favor. 8). . ..plaintiff. . . .could receive "ten percent of the net receipts meant on the basis of an accounting for the particular year of the gross amount received, minus the amount paid out, to be the net receipts" he was to receive; and further, that if the defendants had intended the refinements they now contend for in the cumulative or allocation methods of accounting of long term costs they could and should have so stated in the contract Justice A.H. Ellett dissents. Plaintiff counsel: John W. Horsley 800 Deseret Bldg. Defendant counsel: Leonard J. Lewis 141 E. 1 South : Seasons late next month, the Utah Association of Counties, which will bring about 650 delegates into town. This Four Seasons, which mil offer theater-typseating for 1,100 and banquet seating for up to 700 persons, will be completed in acC. Derrill to Larkin, general cording manager. The convention center is the largest in southern .Utah and one of the largest in the state. CiteaNeed We could see what was happening here in southern Utah. The weather is t and people were coming through all the tune. So there was sn increasing need for a convention center of this size, Mr. Larkin says. foot In addition to the 7, motel and coffee shop hall, a and dining room seating more than 200 persons are also part of the complex. The center also nas a swimming pool, bath house, sauna and professional office space. Winter Capital During ground breaking ceremonies last September, Mr. Larkin commented: We hope to make St. George the winter convention capital of the state, the Palm Springe of the Intermountain West. The owners of Four Seasons include Alan H. Coombs of Salt Lake City, Herbert S. Burton, formerly of Salt Lake City and now in St. George, and Mr. Larkin , who mil be general manager. Prudential Finances Intermim financing for the project was provided by Prudential Federal Savings and Loan Assn. Because St. George has a generally mild spring and autumn, it considerably fenghtens the Utah golf season. There are 45 holes of golf in the n St. area, with additional golf courses in the planning stage. St. George is also in the center of a host of scenic and recreational attractions, including Zion and Bryce e mid-Apri- l, See details page S. 800-squa-re 120-roo- m SUPREME COURT OF THE UNITED STATES l Syllabus UNITED STATES v. GLAXO GROUP LTD. APPEAL FROM et al. THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 71-6- 66. Argued November 9, 1972 Decided January 22, 1973 Appellees, Imperial Chemical Industries Ltd. and Glaxo Group Ltd., British drug companies engaged in the manufacture and sale of the fungicide griseofulvin, pooled their bulk-- and dosage-forpatents and sublicensed certain firms in the United States to practice the patents. The pooling agreement contained a covenant to restrict bulk sales and resales, and sublicensing agreements prohibited bulk resales to third parties without the licensors prior consent. The United States filed a civil antitrust suit against appellees to restrain alleged violations of 1 of the Sherman Act, and the Government also attacked the validity of the dosage-forpatents, and sought the relief of mandatory, nondiscrimi-nator- y bulk-for- m sales and reasonable-royalt- y licensing of the bulk-sal- e The restrictions held Court District the that patents. were per te violations of 1 and enjoined their future use, but refused the Governments request to order mandatory, sales of the bulk-forof the drug and reasonable-royalt- y licensing of appellees patents as part of the relief. The also refused to entertain the Governments claim of patent court invalidity, since appellees did not rely on their patents in defense of the antitrust claims. Held: 1. Where patents are directly involved in antitrust violations and the Government presents a substantial case for relief in the form of restrictions on the patents, the Government may challenge the validity of the patents regardless of whetlier the owner relies on the patents in defending the antitrust action. Pp. 7. 2. In order to pry open to competition the' market closed by the antitrust violations, an order for mandatory, nondiscriminatory sales to all bona fide applicants is appropriate, relief, and where, as in this case, the manufacturer may choose not to make bulk-forsales, and the licensees are not bound by the courts order m George-Bloomingto- National parks, Cedar Breaks, National Monument, Lake Powell, Lake Mead, Hoover Dam, Las Vegas, Brian Head Ski Resort, Pine Valley Recreational Area. m 'Mad Bomber nondis-criminato- ry m Of 1950s Wins Sanity Trial NEW YORK (UPI) A New York State Supreme Court Justice, has ordered a sanity hearing for George Metesky, the mad bomber who terrorized New York City during the s bombs. with home-mad- e Justice Anthony DiGiovanpa ruled 4-- mid-1950- m for mandatory sales, further relief in the form of licensing of the patents is also proper. Pp. 302 F. Supp. 1, reversed. reasonable-royalt- ; y 7-- 12. White, J., delivered the opinion of the Court, in which Burger, C. J., and Douglas, Brennan, Marshall, and Powell, JJ., joined. Rihkquist, J., filed a dissenting opinion in which Stewart and Blackmun, JJ., joined. v. sCortventions St.George ROYALTY INTEREST IN URANffiM MINING CONTRACT AFFIRMED Plaintiff Respondent r February 26, that the trial must be held in Ddtchess County in Upstatf New York in the near future. Metesky, 69, has been hdd at the Matteawan State Hospital for the Criminal Insane in Beacon, N.Y. since his arrest in 1957. Indicted on 18 counts of attempted murder for making the bombs at his Waterbury, Conn., home and planting them in theaters and tdephone booths in New York. Equal Rights Backers See Hope Fading WASHINGTON (UPI) - Con- cerned backers of the Equal Rights Amendment all but abandoned hope Wednesday of. having the constitutional change ratified this year but expressed optimism it would eventually be approved. The proposal to provide equal WALL STREET legal rights for women sustained another setback when Maines state senate voted down the amendment, to 16. Thus far 28 states have approved the amendment 10 short of the 38 17 needed to ratify, eleven state legislatures have acted adversely, meaning 10 out of the remaining 11 would have to approve it to reach the majority. necessary three-fourth- s In Ohio,. the amendment came under heavy attack at final CHATTER legislative hearings Tuesday. Frank W. King, president of the Ohio AFL-CItestified that it would destroy more rights than it would create. O (UPI) The Dine Letter says it may be the last optimist left on Wall Street. It Is still too early to tell how far the market may decline or when a substantial rally may take place, Dines says, because the next rally may be good enough to make up for the damage done by the present decline; thus It Is postponing sell signal. Dines bethe all-olieves the reaction to rising InNew York Schafiy of Alton, 111., representing a group .opposing the Phyllis said advocates haven't been able to show how this amendment will help. amendment, ut terest rates was overdone. Bache suggests investors willing to take a stand and anticipate an intermediate term buy signal begin accumulating high quality, high multiple institutional type trading stocks. As yet, however, the service sees no buy signal. It does see a similarity to the intermediate decline of November, ,1971, when the Dow finally bottomed ont and began another upward thruat. For the longer term It sees the market rising to new heights with the Dow Jones Industrial average setting new highs this spring. It still likes the glamor stocks that attract professional sponsorships. so-call-ed Chicago Seven Lose Challenge To Riot Act - The WASHINGTON (UPI) claim a has Court rejected Supreme by five men in the Chicago Seven conspiracy case that the federal antiriot statute sets in motion police state methods whidh violate the constitution. The five were convicted under the in Rap Brown Act before a trial after 1970, February, Federal District Judge Julius J. Hoffman in Chicago. The U.S. Circuit Court of Appeals reversed the convictions last November 21. , A meaningful market turn may now be occurring, E. F. Ilutton says. Investors are still in a cau- tions stance because of soaring raw material prices, approaching labor negotiations and some disheartening notes from the press on the subject of Interest rates. The transportation Index is the largest question mark at the moment, but It should do better if It is to give some substance and longevity to. what appears to be a good Industrial rally developing, the company says. After a drop In the Dow of 100 points in only seven weeks, the Street's response to specific political and economic developments now may reflect a marked change In attitude from even a month or two ago, the Spear Market Report believes. so-call- ed The defendants filed an appeal-ev- en though they won a new trial--on the ground that they needed for the new proceedings a Supreme Court interpretation of the law, which the Seven Circuit refused to find unconstitutional. They said they did not know whether they would be re-trie- d or not. In January of this year, Atty . Gen. Richard Kleindienst announced that the men would not be re-trie- d. |