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Show 4 I SEC Says Carter Hawley Is Acting Unlawfully - LOS ANGELKS The SeLTI) curities and Exchange Commission va id Tuesday it will file suit in federal court to stop Carter Hawley Hale's "unlawful" efforts to fight off an unwelcome takeover by a competing retail chain The SEC. in an unusual public announcement, said it would ask the U.S. District Court Wednesday for a temporary restraining order, a preliminary and permanent injuction and other equitable relief against Carter Hawley Hale. The commission's complaint charged that Carter Hawley Hale, as part of its efforts to defeat a takeover by the The Limited Inc., "has been making a tender offer for its own shares without complying with federal securities laws. The commission also charged that the Los Angeles retailer, in an unlawful tender offer," purchased 17.9 million shares more than 50 percent of its outstanding stock without first notifying its shareholders. The PTC said it would ask the court to stop Carter Hawley Hale from making any further purchases of its own stock and to prevent the firm from changing its capital structure or voting any of the convertible preferred stock issued to General Cinema Corp. The commission also said it would seek an order for Carter Hawley Hale to declare common stock divi Ohio-base- d T Intermountain Laboratories post- ending Jan. 31, but reported declines in operating and net income. William L. Beers, president and chief executive officer of the Salt Lake-base- d company, said revenues stood at $9,442,000, an 1 1 V2 percent increase over $8,470,000 the previous year. - operating income declined 10 percent to $819,000 from $906,000 the previous year. Net income dropped 14 percent to $429,000, or 17 cents a share, from $497,000, or 20 cents a share. Beers attributed the decreases to costs of opening a new laboratory in Dallas during the year. He said the firm absorbed nearly costs. He said he $300,000 in start-u- p expects the Dallas lab to begin contributing to the firm's profit this fiscal year. Mr. Beers said this was the 13th consecutive year since the company went public in 1971 that it has achieved increased revenues. 1 MIAMI iARi - Burg-- r King is Irving to nviyc tin- sizzle in wars" advertising battle with a new set of television commercials aimed at promoting its flame-broilehamburgers over ' those "fried by its two chief rivals televiThe $40 million prime-limsion campaign is a humorous, direct attempt to drive home the message that Burger King s beef is cooked by a different procedure than that used by McDonald's or Wendy s Burger King also claims in its ads that flame-broileburgers taste better than those that are fried ly without merit. The same arguments were advanced by The Limited Inc. and the U.S. District court in Los Angeles declined to interfere with our purchase program, Hawley said. Carter Hawley Hale, parent of such retail outlets as The Broadway. Neiman-MarcuEmporium Cap-weand Walden Books, is fighting off a takeover bid by the smaller firm. The Limited announced April 4 that it planned to take over Carter Hawley by acquiring 20.03 million shares of its stock. Carter Hawley taking the quickly fought back matter into federal court and repurchasing its own common stock. ll Intermountain, through its Veterinary Reference Laboratory Division, does diagnostic work. Its Kela-troDivision manufactures vitamin and chelated mineral supplements marketing nationwide. n The firm's stock is traded and is listed on the NASDAQ system under the symbol IMLB. 4 Ms. Priskos Mr. Howe Area Tradewinds "conversations" with the SEC's staff, said the complaint was based on novel theories of what constitutes a tender offer. These are theories the SEC has tried unsuccessfully to urge upon the courts in the past. We believe the SEC's position in this matter is total- U M.v dm--.la- 2, l'J.i I P. Priskos. financial services representative at the Sugar-housoffice of First Security Bank of Utah. N A has been designated a Ascertified sales professional sociated Title Company has reorganized its corporate management, promoting five officers and adding three executives to its staff. Don Hy land, an escrow officer and assistant vice president for four years, has been promoted to vice president of the escrow department, and will be responsible for managing all in the company. Mary Lou Webster has been named vice president of the commercial She has been with the company for eight years. Rick Gates is the netv vice president of title operations, in charge of all activities of the title, abstract and title department. He joined the firm in 1977 and is a licensed real estate abstractor in Utah. Jim Rogers, who has worked in the firms marketing department for three years, has been appointed vice president of marketing. Blake T. Heiner has been promoted to assistant vice president of the legal department, supervising the foreclosure department and work in underwriting and risk decision making. He is a graduate of the University of Utah Law School and is a member of the Utah State Bar and was president and general counsel of Guarantee Title Company. Three new executives have been hired by the company. Jim Wissler, a former regional sales director for Pepsi-ColUSA, is vice president of Billie e . . escrow-operation- escrow-departmen- sales. Wall The message- is that we broil and they frv arj there- is an inherent taste different e." said Don Dempsey. Buiger Kings director of mar- keting ery Conce rned Steve Leroy, a spokesman for McDonald's Corp sa,d his company was "absolutely not" concerned Not . about the possible impact Burger Kings latest ads will have on consumers d A. VandcnBerg is of finance, overseeing all financial and accounting operations He will also be an officer of Western National Insurance Services, a wholly owned subsidiary, and will be in charge of all corporate operations. He is a former vice president with Commercial Security Bank. Jim Nielson has joined Western National as vice president of marketing. He has been a local agent for Farmers Insurance Group . has joined First Corporation Investment Division as manager of the firm's new discount brokerage department. He was an account executive for Merrill Lynch in Naples, Fla., district manager of Fidelity Discount Brokerage, also in Naples, and a private investment adviser before coming to Utah. Stephen C. Carter has been elected vice president and manager of Fitst Security Bank of Utahs West Jordan office. He has a bachelors degree from BYU and a master of business administration degree from the University of Utah. Since joining the bank in 1971, Mr. Carter has held several positions at branch offices in the firm Fletcher Security voice piped up from the background Spokesman for both Me Donald s and Wendy's said Burger King has tried the same approach before without much success. They each said it was misleading, however, to describe the process they use to cook hamburgers as "frying " In its latest ads. Burger King tries to make its point using a baby, a caveman, a child actor and an instructor Folded Flashcard In one of the com S. Howe mentals. "The flame-broi- l issue is nolhmg new," he said in a telephone interview from the- company s headquarters in Oak Brook, 111 "Well just continue selling hamburgers the same wav we have been " - which have already begun airing, a teacher named Mr Rodney defines a word on a folded flashcard as "something McDonald's does to its burgers The word is "McFrying CALL TOLL FREE still is McDonald's McFrying when people prefer flame broiling? he asks In another commercial, a group of prehistoric men cook hamburgers over an open flame. The next scene shows a Burger King restaurant "Why National 800-634-465- 3 California 800-282-46- planted among the boulders where the campfire had been. ' Recently, some people have taken to frying. Why change anything that's stood the test of time? says a iSGSMSHRy (R LAST 6 BAYSE a, He said Mr. i Mr. Hyland it. Lab Firm Lisls Record Revenue ed record revenues for fiscal year Tr.tune e Philip M. Hawley, chairman of Carter Hawley Hale, called the SEC's charges "totally without mer- s, ..lit- IJurgLT ving I! vivmg Sizzle dends to its shareholders in an amount sufficient to increase the outstanding common stock on the market to the amount outstanding before it began buying up its own stock Hawley, citing he V1! Baby Boomers Seeking Larger Homes - A RichNEW YORK (UPI) mond, Va., insurer of residential property believes the "baby boom" generation will be reponsible for the next surge in the housing market as they seek larger, more expensive homes. The Lawyer Titles Insurance Corp. said that according to studies of demographic shifts, the 25- - to who bought starter homes in the mid 1970s are now in the 4 bracket and seeking more expensive homes. 35-4- The insurance firm quoted Census Bureau figures that show the 4 age group will increase by 46 percent by 1990 to 37.8 million. 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