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Show A-10 The Park Record Wednesday, March 18, 1998 m& Finally... A Mortgage Broker who represents you and not his own Bank Account! WHY PAY MORE? COMPARE: Any size mortgage done for '479 Verses the Standard 1 Origination Fee No Surprises at Closing No Hidden Costs Quick Turn Around 1st Mortgage Purchase or Refinance Debt consolidation : i LOWEST FFS AT AIARRAm J Call now and save! INTEGRA FUNDING INC. SLC 947-8977 Toll Free 1-800-411-4977 Real Estate Agents: If your clients are not using us, then they are paying too much. Group wants graze-free graze-free school lands Beeper Going off? Your table's ready at... U Hun Pnk City! SALT LAKE CITY (AP) An Idaho conservation group is pursuing pursu-ing grazing permits on two parcels of Utah school trust lands in order to protect them from overfeeding by cattle. Idaho Watersheds Project president presi-dent Jon Marvel said the bids are part of an effort to allow the land to recover from the damage of generations gen-erations of overgrazing. "Like Idaho and other Western states, Utah has treated these permits per-mits as a private benefit for a few ranchers while ignoring the fiduciary fiduci-ary needs of the real beneficiaries of these lands: the schoolchildren of Utah," Marvel said. IWP has applied for a 640-acre section on Clear Creek in the Raft River Mountains near the Idaho border and for 5,500 acres along the shores and east of Bear Lake in northeastern Utah's Rich County. As part of the Hailey, Idaho-based IWP's bid, each application also includes a $1,000 bonus bid, meaning mean-ing the current holder of the expiring expir-ing lease must match the bonus or lose the permit. Currently, the Box Elder parcel returns less than $100 per year to the School Trust Fund, while the Rich County parcel returns less than $500. Marvel said the two bids are intended to raise "the returns to the school endowment trust in Utah while bringing to public attention the need for protection of damage riparian resources on all public land in Utah." The existing permit holders, Utah ranchers Dan Peart and Mark Higley, have until the end of April to match IWP's bonus bids. Dave Hebertson, spokesman for the Office of School and Institutional Trust Lands, said the fact that IWP has no intention of grazing livestock on the lands will make no difference in the award of the permits. "Our fiduciary responsibility is to optimize the return to the trust beneficiaries (schoolchildren)," he said. However, Brent Tanner, executive execu-tive vice president of the Utah Cattlemen's Association, questioned ques-tioned allowing grazing permits to fall into the hands of conservation groups that have no intention of using them for their intended purpose. pur-pose. "Grazing is an effective land management tool, and I hope the board looks at the long-term stewardship stew-ardship these leaseholders have had," Tanner said. "These ranch families have been working the lands for a century now, and I hope the board will look beyond a one-time flash-in-the-pan bid and recognize the long-term stewardship." steward-ship." According to Marvel, the trust land board in Idaho has rejected several IWP bids in favor of ranchers, ranch-ers, even though IWP offered bids hundreds of times higher than the ranchers. Those actions resulted in lawsuits that are now pending before the Idaho Supreme Court. "We are expecting much smoother sailing in Utah," Marvel said. "And we hope to use the Utah experience to influence what happens hap-pens here in Idaho." Last year, grazing returned about $435,000 a year to the School Trust Fund. That amounted amount-ed to less than 2 percent of the $35 million raised by the trust. mm Earthquake shakes Utah SALT LAKE CITY (AP) An earthquake shook the southern Utah towns of Panguitch and Kanarraville late Sunday, but no damage was reported, the University of Utah Seismograph Stations said. The 3.7 magnitude quake was detected at 10:27 p.m. and its epicenter epi-center was located 11 miles northwest north-west of Panguitch. Sue Nava, seismograph seis-mograph network manager for the university center, said the earthquake was another in a series of shocks occurring northwest north-west of Panguitch since January. Only at Ichiban Sushi! You don't have to wait around for your table I Just come in, pick up a beeper, and enjoy Park City. When it goes off, Your table is ready! THERE'S A LITTLE VOICE x v" mi INSIDE YOUR HEAD THAT SAYS "SPEND MONEY." 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Tobacco suit goes to federal court SALT LAKE CITY (AP) Major cigarette manufacturers have moved the lawsuit brought by former Utah smokers into U.S. District Court, but the plaintiffs will fight to return it to state court. The tobacco companies moved the lawsuit to federal jurisdiction on Friday, accusing filing attorneys attor-neys of shopping for a favorable venue. Three Salt Lake City law firms filed the sweeping suit against tobacco companies in February, alleging the industry sold a defective defec-tive product and conspired to conceal the addictive power of nicotine. The lawsuit, which seeks to be a class action lawsuit, was filed in 3rd District Court here. A Provo law firm filed a narrower state lawsuit on behalf of underage Utah smokers in January. The tobacco company defendants defen-dants previously moved that 4th District Court lawsuit to federal court. Attorney Robert S. Campbell, lead counsel in the broader lawsuit, law-suit, dismissed the tobacco companies' com-panies' filing Friday as "ineffective." "ineffec-tive." Campbell, of Campbell Maack & Sessions, declined to comment further. The industry's legal arguments to remove the two cases to federal feder-al court differ. Generally, an out-of-state defendant can move a suit to federal court if the damages dam-ages sought exceed $75,000 and the dispute is between residents of different states. However, such moves usually are prohibited if any of the defendants defen-dants are from the same state as the plaintiff. Campbell's lawsuit named seven major cigarette manufacturers and affiliated companies, com-panies, all located out of state, as well as two cigarette distributors based in Utah. In Friday's filing, R.J. Reynolds Tobacco Co. attorney Brent Manning argued the claims against the Utah companies are legally flawed. "The Utah distributors have been fraudulently joined by plaintiffs plain-tiffs for the sole purpose of attempting to defeat (federal) diversity jurisdiction," Manning wrote. "This court has the authority author-ity and obligation to protect its jurisdiction and therefore should not sanction plaintiffs' forum-shopping forum-shopping tactics," he said. The underage smoker suit, filed by father-and-son Provo attorneys H. Deloyd Bailey and Seth Bailey, asks for less than $75,000 per plaintiff, meaning it does not meet the minimum required for federal court jurisdiction. juris-diction. Manning scoffs at the "self-serving "self-serving limitation," noting suits against the industry routinely seek millions. The Baileys' lawsuit asks for compensatory and punitive damages, dam-ages, economic losses, plus attorneys' attor-neys' fees, he noted. This week, Seth Bailey asked U.S. District Judge Dee Benson to return the lawsuit to state court. He argued younger smokers smok-ers have less-serious injuries and smaller potential damages. The fight over jurisdiction is common in tobacco litigation, said R.J. Reynolds spokeswoman Peggy Carter. "While we have found state courts to be fair, we think the appropriate forum is the federal system," she said. Heavy runoff kills lake fish BOISE, Idaho (AP) The kokanee population in Lake Pend Oreille declined sharply in 1997, with the extremely heavy spring runoff as a culprit, Idaho Department of Fish and Game biologists report. It also is foiling a study of whether raising the lake level in winter helps the fish. The decline has affected all age classes of the landlocked salmon, from fry up to "adultsT".. The kokanee previously suffered large drops during the 1960s and 1970s, so recent declines are considered con-sidered serious because they affect the balance of the preda- tor-prey relationship in the lake ; and angling. Last fall, biologists estimated the population, using one method t of netting and counting the fish, I and an echosounder similar to an anger's fishfinder. Surveys ; revealed lower numbers of koka-: nee than comparable survey efforts in 1996. The number pf adult kokanee dedinedHg their lowest point on . record in the survey, "with about 55,000 fish instead of the 150,000 to 1 million seen in recent years. Factory Outlet Western and Exotic Style Log Furniture in Pine, Aspen and other Exotic woods Buy Direct & Save r h Bent Log Designs 1014 East 12300 South J Draper, Utah 523-0728 Mount Air Cafe Family Restaurant Since 1979 Breakfast, Lunch & Dinner Specials Daily Now open in Kamas "Gateway to the Uintas" Open 7 days a week ' Great family menu Breakfast served 6 a.m.to 9 p.m. Park City Jet. 224 & 248 East 649-9868 Kamas 70 E. Center St. Mirror Lake Rd. 783-4348 3M POOR |