OCR Text |
Show Wluli, Oriljr p., Univoruity or Utah nt Salt lake City, Utah 6M12 salt lake city, VOLUME 15, DUMBER 169 Utah Supreme Court Decision Capsule JURY TO DECIDE Where Does Responsibility Shifi On New Car Warranty? Attorney Edward V. Hanrahan take a leave of absence until he is tried on criminal charges LAKE MOTORS and FORD MOTOR CO., Defendants Granted motions for directed verdict in favor of both defendants and discharged the jury. as a Supreme court: Trial court was correct in refusing to rule to failed had matter of law that (1) the plaintiff of on breach of action a warranty; make out cause and (2) that the plaintiff is entitled to have the question of his contributory negligence decided by a jury. Justice J. Alan Crockett wrote the opinion. Justice A. H. Ellett concurring in the result: Contributor negligence has nothing to do with the right to recover and cannot be made the basis of a dismissal of a cause of action for breach of warranty." Smoke coming from underJustice H. Henri Henriod dissenting: a of dashboard neath the car, accompanied by an obviously the windshield wipers could not that circumstance dangerous be controlled, should alert any reasonable person that a car d intershould not be driven 30 or 40 miles over a To do in snowstorm. a state highway in mountainous terrain so seems to constitute negligence per se. . . highly-travele- Pugsley, Hayes, Watkins, Campbell & Cowley Philip C. Pugsley, 400 El Paso Gas Bldg. Defendant c :u.isel: Ray R. Christensen (for Ford Motor) 1205 Continental Bank Bldg. Don J. Hanson (for take Motors) 520 Continental Bank Bldg. See pages 4, 5 Plaintiff counsel - Advertisers Ordered to Prove Claim WASHINGTON of conspiring with 13 others to struct justice following a 1969 raid on ob- Trial court: WASHINGTON (ACCN) The of and the Justice Department sent of to State have Department Congress proposed legislation to Demands DA Take Leave States V. U.S., Foreign Officials Urged Chicago Bar CHICAGO (UPI) The Chicago Bar Association has demanded that GKANT VERNON, Plaintiff & Appellant Protection for Utah (UPI)-Ele- ven air conditioner makers and four electric razor firms have been ordered by the Federal Trade Comprovide expanded protection against mission to furnish proof of adattacks on U.S. and foreign officials vertising claims within 60 days. and their families. The FTC acted under a policy Attorney General John N. Mitchell requiring advertisers to suband Secretary of State William P. stantiate claims for their products Rogers said in a letter ac- on demand. On July 13 the agency companying the legislation that gave the big four domestic auto threats by militant activists and makers and three foreign auto firms terrorists against U.S. officials and until Sept. 15 to make replies. foreign diplomats and officials have Electric Razor Firms ordered to caused grave concern to their furnish proof were North American Departments. Philips Corp., New York; Sperry The proposed legislation will : Rand Corp., New York; Schick Make it a Federal offense tc Electric, Inc., Lancaster, Pa., and assault, kill, kidnap, threaten, in- Sunbeam Corp., Chicago. timidate, or harass foreign officials The air conditioner firms were or members of their families within Raytheon Cor., Lexington, Mass.; the jurisdiction of the United Slates. General Electric Co., New York; Make it a federal crime to Carrier Corp., Syracuse, N.Y.; assault, kidnap or kill any federal Westinghouse Corp., Pittsburgh, employees acting in the line of duty, Pa.; Trane Co., La Crosse, Wis.; because of performance of duty or white Consolidated Industries, because of status as a federal of- Cleveland; McGraw-Ediso- n Corp., ficial. Elgin, 111.; Chrysler Corp., Highland Amend the federal kidnapping Park, Mich.; City Investing Co., law, known as the Lindbergh New York City; Corp. Law," and provide coverage to U.S. and Whirlpool Corp.; Benton Harand foreign officials and their bor, Mich. families even if no interstate transThe orders cited advertisements portation is involved. in newspapers and magazines and Expand the possibilities for commercials on radio end extradition of skyjackers. television. Limit the death penalty to cases where the victim died as a result of the kidnapping. Make it a federal crime to bomb, or otherwise injure or destroy, real or personal property within U.S. jurisdiction owned or Bomb NEW YORK (ACCN) to governa routine be are threats by any foreign occupied getting ment, international organization or part of doing business for major American corporations. Nine out of any of their foreign employees. to offense a federal it Make ten major firms have been conspire to commit murder if the threatened with bombing and a murder itself would be a Federal bomb is thrown every two hours offense. somewhere in the country, Borg-Wam- er Bomb Threats Show Increase - 4 I a Black Panther headquarters. Police organizations rallied to provide financial, legal and moral support for 12 policemen named with Hanrahan and one of his assistant State's Attorneys in an indictment opened a few days ago. The special County Grand Jury charged that Hanrahan, recently considered a comer in the Democratic organization of Mayor Richard J. Daley, and the others conspired to destroy, alter, conceal and disguise evidence and planted false evidence to vindicate police behavior. Two leaders of the Panther Party in Illinois were shot to death during the predawn raid Dec. 4, 1969, on the West Side apartment. Police superintendent James B. Conlisk Jr., a Daley appointtee, two other policemen and two State's Attorneys were named as unindicted by the grand jury. The Chicago Bar Association urged Hanrahan and the other charged to take leaves of absence lending the outcome of the case. It also urged Power, a former law partner of Daley, to step out of the case and ask that a judge from another county preside over further sessions in the case. Power had suppressed the indictment since June 25 but opened it on orders of the Illinois Supreme Court. Hanrahan had no immediate comment. However, he said, I have done nothing wrong. I want a full and open hearing as soon as possible so the public can have that demonstrated in court. Patent Office Has 1st Woman Chief Examiner WASHINGTON (ACCN) - The first woman in the history of the U.S. Patent Office to serve as Board of has been Appeals Examiner-in-Chisworn in by Secretary of Commerce Maurice H. Stans. She is Miss Brereton Sturtevant, a native Washingtonian, who was nominated by President Nixon on July 2 and confirmed by the U.S. Senate on July 29. Miss Sturtevant was graduated ef from Wellesley College, Massachusetts with a B.A. degree in 1942 and a J.D. from Temple University, Philadelphia, in 1949. She has been a partner in the law firm of Connolly, Bove, & Lodge in specializing patent and trademark law since 1957. From 1950 to 1957 she was in private practice; 1942 to 1950 a research chemist with E. I. DuPont de Nemours & Co.; and 1949 to 1950 was th f?rt woman to clerk for the Delaware Judiciary in the history of that slate. The Patent Office Board of Ap- tribunal peals is a which determines whether or not a patent should be granted to persons who have sought and been denied a quasi-judici- patent. al WEDNESDAY, SEPTEMBER 1. 1971 Equity Oil Company Has Foundation For Expansion (Editors Note: Today's column is based on remarks by Fred H. Evans, president of Equity Oil Co., made before oil and gas analysts in New York City earlier this summer.) By Daniel K. Cunningham Daily Record Columnist Equity Oil Co. now has the balanced base it needs for sound, future growth, says Fred H. Evans, president of the energy production and exploration company. And with its new strength, Equity g Oil f is now on several em-bark- ed a m b i tious ven- tures including: Nuclear stim- ulation of its nat- V ural gas holdings V in the Piceance J Creek Basin of northwestern Col- a orado. , Mr. Cunningham Expanded ex ploration resulting in the discovery of five oil fields since 1968. A philosophical shift from wildcat drilling of single weds to multiple drillings on relatively larger acreage holdings. Continued interests in oil shale prospects, including net ownership of 4,500 acres containing an estimated 1.3 billion barrel oil reserve. The key to Equity's new balanced strength was the agreement it negotiated with Atlantic Richfield a few years ago. By assigning 80 percent of its oil shale interests to ARCO, it now receives $1 million a year. This cash income is guaranteed for at least six more years and may extend even through 1993, for a total of $26 million. (The Atlantic Richfield agreement was challenged by Equity stocky holders Henry Patton and John of New York City. However the U.S. District Court in Denver ruled the agreement was an ordinary business act not requiring stockholder approval. The plaintiffs claim that the agreement impaired the companys ability to continue was disallowed by the court, which ruled the agreement enhanced" Equity's ability to operate). The ARCO income is an important supplemental revenue source for Equity, which for many years relied primarily on its interests in the Rangley and Ashley fields of eastern Utah and extreme western I yJl ' Til-ne- Colorado. Income from these two fields had declined from $1.8 million in 1966 to $1.1 million last year. Cash flow from all sources last year was almost $3 million, which has enabled the company to expand its exploration efforts. Once limited to the state of Colo- rado, Equity's exploration program now extends to five Rocky Mountain States and three provinces in Canada. Equity has discovered five oil fields since 1968. These discoveries include Mitsue and Cessford in Alberta, Can.; West Milligan Creek, British Columbia; Kitty Field, Campbell County, Wyo. and Bennett Field in the Basin of Colorado. New production contributed h $625,000, or more than of the years toal income from operations, Mr. Evans noted. Again, because of stronger financial strength, the company was able to make a deliberate change in our approach to oil and gas exploration. We are moving away from exclusive reliance upon predominantly wildcat drilling operations on relatively large acreage blocks to multiple drilling operations on relatively large acreage spreads," Mr. Evans said. In illustration, Equity acquired a 143,000-acr- c lease position in the g Basin. With its extensive holdings, Equity now arranges farmout agreements with other companies. One agreement, with Davis Oil Co. of Denver, for example, calls for Davis to drill 11 wells in exchange for 1,000 acres of oil and gas rights for each completed weil. The drilling is thus performed without any further cost to the company. But one of Equitys most challenging developments is its Piceance Creek holdings, where it has a 50 percent interest in 66,000 acres believed to contain two trillion cubic feet of natural gas in place. In a joint evnture with CER rg one-fourt- Denver-Julesbur- Geo-nucle- ar Corp., Las Nev., Vegas, Equity is seeking to stimulate natural gas production by use of nuclear detonations. As in the farmout programs, CER Geonuclear will pay for the drilling of the emplacement well, positioning and detonation of the device. The nuclear experiment is scheduled for the spring of next year, pending approval from the Atomic Energy Commission, which will design and manufacture the device. The use of nuclear energy to produce natural gas as contemplated in the Piceance Creek Basin is less hazardous than popularly believed," Mr. Evans says. that not only is the exlesser threat to the enperiment vironment than normal everyday activities, it will provide an energy source (natural gas) which contributes no pollution to the air when consumed. He add:?d :i 'Busway to Be Nations First LOS ANGELES (ACCN) Construction and operation of California's first Busway freeway lanes to be used exclusively moved a step by commute buses closer this week when Gov. Ronald Reagan signed legislation broadening the authority of the : ks and the Department o California H to Commission "ay expend highway tax funds for the activity. According to Frank J. Walton, newly appointed State Secretary of Business and Transportation, the two emergency bills signed by Reagan were necessary before the State could proceed with the construction of the experimental busway within the median and alongside Interstate 10. The project, first conceived in 1969, is of tremendous State and nationwide importance, since it will beta prototype of a multi-modal Walton stated. Construction is slated to begin early in 1972 and limited bus service will be available by the transportation system, following October. Primary objectives of the project are to increase Ihe overall people-carryin-g capacity of the freeway corridor with the least possible adverse impact or. community. 4 |