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Show Forialii friLr P?j ur University of Utfch Fait lukeCity, lit'h Ewll2 i SALT LAKE CITY, UTAH VOLUME 17, NUMBER 73 Economic Periscope Utah Supreme Court Decision Calm Due To Confusion Dominates Foreign Exchange Markets NO CAUSE AFFIRMED IN CLAIM AGAINST GENERAL CONTRACTOR Subcontractor employee electrocuted DOROTHY ADAMSON, for herself and her children, Plaintiffs and Appellants v. OKLAND CONSTRUCTION COMPANY, et aL, Defendants and Respondents The U.S. economy has entered boom Phase II? When will fiscal and conditions. monetary policies return to a sane Our international trade slips level? further into the red. Our Balance of With a national debt approaching payments remains in deep deficit; $500 billion and an annual interest we are the champion budgetary burden of $27 billion, foreign fidence in the greenback has returned. Uncertainties prevail and deficiteers of all times (ap- countries have lost confidence in the the currency mess produces more proximately $90 billion in four ability of the U.S. to manage its own years). No doubt the economy is economy. foreign exchange controls. GAS STATIONS are sometimes U.S. In the meantime, the overheating and the brakes must be boom-buare-twe avoid a dry as suppliers ration deliveries economy continues to pick up speed applied if based on last year's levels. Intoo fast as prices rise, intensifying cycle. Inflation is of out hand. consumer is The fears. getting dependents may have to close some inflationary break-necFood k at climb stations as supplies tighten. prices spending more and installment How soon will Nixon wield the credit is expanding rapidly. speed. PROPANE LIQUID petroleum stick in the closet or revert to Business profits are rising strongly. gas, demand exceeds supply. With no new refineries on the horizon and SUPBEME C0UBT OF THE UNITED STATES natural gas production leveling off, propane is in great demand even though it costs five times as much as Syllabus natural TO CONFUSION dominates the foreign exchange markets. A general nervousness prevails. But dont interpret, the uneasy quiet as a sign that conDUE CALM Trial Court: Motion for summary judgment granted defendant. No cause of action. Supreme Court: Affirmed. Principles of recent Smith v. Brown case. Workman's Compensation applicable. . . . purpose of act is to provide speedy and certain compensation for workmen and their dependents and to avoid delay, expense and uncertainty . . . and the concommitment purpose of protecting the employer from the hazards of exhorbitant and in some instances perhaps ruinous liabilities. I am not prepared to hold Justice Ellett concurring in result: that an employee who may further the work of the general contractor is engaged in the same employment with the general contractor even when working under its general supervision. Justice Henroid concurs. Plaintiff counsel: Vlahos & Gale, Pete N. Vlahos, 312 Eccles Bldg., Ogden, Melvin M. Belli, 722 Montgomery St., San Francisco, Calif. 94111 Defendant counsel: Raymond M. Berry, 7th Floor, Continental Bank Bldg. See details page . No. A compromise were suspended by the national desegregation plan for the Atlanta office for accepting the settlement city school system, which would which the legal defense fund also mean busing 2,761 students, has the representing plaintiffs, been approved by the U.S. District repudiated. The LDF, which has Court here. often represented the NAACP in The plan, which also called for 50 desegregation cases, backed a plan per cent black participation in the which would require busing of about school administrative setup, in- 30,000 students. cluding a black superintendent, is to Under the compromise, the adbe implemented fully by the fall ministrative changes will be imterm of school. in plemented July with the busing of The order, signed by Judges the students to begin at the start of Sidney 0. Smith and Albert Hen- school in September. derson, April 4, also took note of the The city school system currently between the has about 95,000 students and the controversy headquarters of the National desegregation case has been in the Association of the Advancement of courts for 15 years. Colored People (NAACP) and its The NAACP dispute reached a local office, but said the agreement climax with acceptance of the cannot be repudiated by either compromise by the city board of party and will be summarily en- education and the Atlanta NAACP forced by the court." attorney representing some of the Officers of the Atlanta NAACP plaintiffs. Contract No Mail, Say U.S. Postmen - No ( V f WASHINGTON (UPI) Postal Union leaders told Congress Wednesday they would halt delivery of the mail this summer if a contract is not negotiated with the U.S. Postal Service. Electing Judges Assailed By ABA President-Elec- t - A conBIRMINGHAM, ALA. cantwo between election tested worst didates is the possible way of retaining and selecting highly competent judges, Chesterfield of the Smith, president-elec- t Bar Association, has American declared. Speaking, April 5, before the Second Citizen's Conference on Alabama State Courts, Smith said, The world of a judge is basically relfective, and the cases before him are rarely flamboyant. The qualities THE UNITED STATES DISTRICT . COURT FOR THE DISTRICT OF MINNESOTA Atlanta Busing j st o APPEAL FROM & ry OTTER TAIL POWER CO. v. UNITED STATES Court Mandates Compromise on ATLANTA (UPI) TUESDAY, APRIL 17, 1973 .The unions and Postal JSenrice have set April 19 for the start of contract negotiations. Their con- tracts expire July 20. James Rademacher, president of the National Association of Letter Carriers, and Francis Filbey, general president of the American Postal Waters Union, made their threats in testimony asking Congress for approval of separate bills to give them the right to strike and to negotiate for a union shop. Rademacher said granting the postal workers the right to strike might forestall a work stoppage Neither would use the term 'strike since it would be illegal under present law. Asked if a strike were likely, Rademacher said there will not be, at least this year, a wildcat strike. I cannot assure Congress there will not be a national authorized work stoppage." He referred later to the practice of calling in sick for work on an organized basis so the lack of workers would have the effect of a strike. . this'-isumme- r. 71-9- 91. Argued December 5, 1972 Decided February 22, 1973 gas. CEMENT SHORTAGES may become more acute as construction soars, especially in the Southeast. The construction industry accounts for about 10 per cent the GNP, The U.S. imports cement from the Bahamas and other foreign countries. In this Sherman Act suit, brought by the Government, the District Court enjoined as violative of 2 the fallowing practices in which appellant, Otter Tail Power Co. (Otter Tail), engaged to prevent towns from establishing their own power systems when Otter Tails retail franchises expired; refusals to wholesale power to the municipal systems or transfer (wheel') it over Otter Tails facilities from other sources, litigation intended to delay establishment of municipal systems, and invocation of transmission contract provisions to forestall supplying by other power companies. Held: 1. Otter Tail is not insulated from antitrust regulation by reason of the Federal Power Act, whose legislative history manifests no purpose to make the antitrust laws inapplicable to power companies. The essential thrust of the authority of the Federal Power Commission (FPC) is to encourage voluntary interconnections. Though the FPC may order interconnections if necessary or appropriate in the public interest antitrust considerations, though relevant under that standard, are not determinative. Pp. 7. 2. The District Courts decree does not conflict with the regulatory responsibilities of the FPC. Pp. 9. (a) The courts order for wheeling to correct Otter Tails anticompetitive and monopolistic practices is not counter to the authority of the FPC, which lacks the power to impose such a . ISNT IT TIME that President' the failure of Phase III and revert to Phase II? In addition, he should include form prices and encourage increased production of crops. Nixon acknowledge COUNTERFEIT WATCHES of all U.S. sales. Clever con artists sell Longuines and Hormiltons. Counterfeits are usually light weight and wind easily. account for one-thir- d Senate Not to Publish Price Data 5-- 7-- requirement. Pp. 8--9. (b) Appellants argument that the decree overrides FPCs power over interconnections is premature, there being no present . conflict between the courts decree and any contrary ruling by the FPC. P. 9. 3. The record supports the District Courts findings that Otter Tail solely to prevent the municipal systems from eroding its monopolistic position refused to sell at wholesale or to wheel, and that Otter Tail to the same end invoked restrictive provisions in its contracts with the Bureau of Reclamation and other suppliers, the court correctly concluding that such provisions, per se, violated the Sherman Act. Pp. (Ml. 4. The District Court should determine on remand whether the litigation that Otter Tail was found to have instituted for the purpose of maintaining its monopolistic position was a mere sham within the meaning of Eastern Railroad Conference v. Noerr Motor Freight, 365 U. S. 127, so that the litigation would lose its constitutional protection in line with the Courts decision in California Motor Transport Co. v. Trucking Unlimited. 404 U. S.508, which was decided after the District Court had entered its decree. Pp. 11-5. The District Courts retention of jurisdiction to afford the parties necessary and appropriate relief provides an adequate safeguard against the possibility that compulsory interconnection or wheeling might threaten Otter Tails ability adequately to serve the public. Pp. 12-331 F. Supp. 54, affirmed in part and vacated and remanded in part. 12. 14. Douglas, J., delivered the opinion of the Court, in which Brennan, White, and Marshall, JJ., joined. Stewart, J., filed an opinion concurring in part and dissenting in part, in which Burger, C. J., and Rehnquist, J., joined. Blackmun and Powell, JJ., took no part in the consideration or decision of the case. WASHINGTON (UPI)-T- he Senate voted March 19, not to make public the information that fog companies submit to the government. to justify major price in- creases. The Cost of living Council now withholds certain financial information that companies are forced to provide. The Senate banking committee had agreed to make this information public, but the Senate voted, 43 to 35, in favor of an amendment by Sen. to allow companies to withhold from public John. Tower, D-T-ex., reports any proprietary information relating to income, profits., losses, costs or expenditures. The Tower amendment was the first in a series of amendments during two days of debate on a bill to extend for one year to April 30, 1974 President Nixon's power to set wage and price controls. The Administration had requested only a simple extension of the act, but the banking committee added several amendments and a number of others were offered from the floor. The committee amendment on financial disclosure that was dropped from the bill would have required public disclosure of reports submitted to the Cost of Living Council by firms with annual sales revenues of $250 million or more, if the report relates to a price increase .of 1 per cent or more on products that constitute 5 percent or more of business. - "I |