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Show ME I ?8rials Ordr D3rtiW3nt Univerolty of Utah Fait LokeCity, Utah 8112 SALT LAKE CITY, UTAH VOLUME 16, NUMBER 81 Law Day Schedule Announced Utah Supreme Court Decisions Capsule While Execution Sale Pending HOMESTEAD STANDS DECLARATION LAYTON and PEARL A. HARRIS, Plaintiffs and Appellants v. EULA TILLEY, Defendant Trial Court: Defendant entitled to homestead exemption. Supreme Court: Affirmed-' Justice A. H. Ellett dissenting: Whether the lien created by the quitclaim deed is called an equitable mortgage or not is of no importance. Certainly it is a VALID lien, and therefore it cannot be defeated by a claim of homestead." Chief Justics Callister concurs in dissent. Plaintiff counsel: Bettilyon & Howard, Gary A. Weston, 333 S. 2 E. Defendant counsel: Dale J. Craft, 409 Boston Bldg. See details page 3. protection and the automobile manufacturer more liability." Attorney John Pickering of Washington represented Ford at a hearing in the U.S. Sixth Circuit Court of Appeals. Ford, Chrysler Corp., American Motors Corp., Automobile Importers of America and Jeep Corporation challenged the federal safety standard. A three-judg- e panel took their submission and gave under petition no indication when a ruling would be made. Pickering cited tests made of the ' at Phoenix, Aria., in which three of the devices air bags in failed, mid-Apr- il killing" the dummy passengers. "It was a spectacular failure in' one of the few tests so far in a highly controlled, carefully run situation," said Pickering. The automakers contend the air bags, which are geared to inflate on impact to provide a shield for the motorist, are unreliable, not broadly enough tested and showed erratic results in auto crash tests. . Foreign car producers fear the requirement wlU eliminate the Import of sports cart. American automakers say It will stop the production of soft top convertibles. Raymond Battocchi, an attorney for the Department of (DOT), attributed the Indict Former Insurance Firm Head WASHINGTON (ACCN)-T- he former president of the bankrupt National Bankers Life Insurance Company of Dallas has been indicted today by a federal grand jury on a charge of making a false declaration under oath to a grand Jury- - Acting Alty. Gen. Richard G. Kleindiensl said the single-couindictment' was returned against John Osorio of Dallas in U.S. District Court in Houston, Texas, April 12. Osorio was president of National Bankers Life (NBL) from 1962 to nt 1970. other men were Osorio and indicted by a federal grand jury in Dallas last October 8 on charges of conspiring to embezzle assets of the company's pension fund and to misapply $641,250 in assets of the Dallas Bank and Trust Company. two Richard W. Giauque I Chairman of the Utah State Bar faulty performance of the air bags in Law Day activities this year, RichPhoenix to the systems sensor ard W. Giauque, today announced which detects an exterior crash. the schedule of events taking place He said the sensor went through throughout the state in celebration several million miles of tests with- of Law Day 1972. out a single failure. Law Day USA was first established no It doubt could not have been a by presidential proclamation worst time for a failure," Battocchi 1 Makers Admit Red Faces Over Some Ads TV Set said. . DOT contends that seat belt usage in the U S. is extremely low." The likelihood that it will be raised is not very good," he said. It is clear that a 'passive system is a far much better safety measure than seat belts. The passive has had a much, much, much higher rate of ' reliability." By William B. Mead Industrial Realtors Meet In Toronto WASHINGTON -C(ACCN) inlegislation affecting dustrial real estate; land loans, lease guarantees, and mortgage guarantees will be among the topics covered at education sessions during the annual spring meeting of the Society of Industrial Realtors April 3 at the Royal York Hotel, Toronto. Society President C. V. W. Trice, Jr., Miami, will preside at the urrent 29-M- ay meeting, whose attendance is estimated at more than 400. . John C. Williamson, director, Department of Governmental Relations, National Association of Real Estate Boards, Washington, D.C.; and Frank M. Heilmann, vice president, Fair Lawn Industrial Park, Franklin Lakes, NJ., will discuss the Interstate Land Sales Registration Act, tax legislation, and the Occupational Safety and Health Act at a session the morning of May 1. Also on the program that morning, Stuart M. Brafman, executive vice president, and Paul M. Brady, vice president, of MGIC Equities Cup., Milwaukee, will speak on land loans, lease guarantees, and mortgage guarantees. The Society, a professional affiliate of the National Association of Real Estate Boards, is composed of more than 1,130 members throughout the U.S.and Canada who specialize in marketing industrial properties and meeting the real estate needs of industry. John W. Fisher, known as Mr. Canada," will be guest speaker at a dinner on May 1. Fisher is a lawyer, newspaperman, broadcaster, writer, and lecturer. (UPI) -- WASHINGTON " i . Manufacturers of television sets have told the Federal Trade Commission (FTC) they ( could not support some imaginative advertising claims made for their products by retailers. Replying to FTC demands for facts backing up ad claims, at least eight of 12 manufacturers named dealers as the originators of one or more claims questioned by the agency. The eight included Sears Roebuck, which owns its retail outlets but said its Washington, D.C., stores should have modified an ad claiming that Sears TV sets have a gadget which eliminates annoying picture flutter due to aircraft flying overhead." Philco-For- d said an ad claiming a for Philco sets cool chassis unique was written by a Chicago dealer who apparently based it on Philco ads of long ago when TV sets first started shifting from vacuum tubes to transistors, which are cooler. Philco acknowledged that transistors are no longer unique." Other brands citing retailers as the source of questioned ad claims included General Electric, GTE Sylvania, Magnavox, Panasonic, Motorola and RCA. Weve talked to the dealers and it seems that some of them have very creative copy writers, an FTC spokesman said. Hie spokesman said some manufacturers were embarrased by the ads and told retailers to slick to factory claims under threat of losing the brand franchise. Ten volumes of material from the 12 firms was opened to public inspection, April 21, as part of an FTC program to let consumers check for themselves which advertising is truthful. Material previously was released from makers of cars, air conditioners and electric shavers. Although disavowing the ads, some manufacturers said the dealer claims were truthful or at least nearly so. General Electric, for example, said an ad claiming the GE color set cost "only half the obprice of many color sets" was viously true if you compare a console. portable with, say, a 10-in- ch 10-inc- 25-in- ch i In 1958. It is now observed nationLiberty Bell awards luncheon wide on the first day of May by scheduled this year at the Fort joint resolution of Congress and Douglas Club, Salt Lake City, proclamation by the President of May 1, at 12:15 P.M. The keynote the United States and locally by speaker for the luncheon will be governors and mayors. Law Day Professor F. Hodge ONeil, prohas been set aside, Mr. Giauque fessor and former dean of the stated, as "a special day of celeDuke University Law School and bration by the American people in recognized authority bn dose appreciation of their liberties" and corporations. as an occasion for rededication University of Utah Law to the ideals of equality and justice School arthritic' The University under law. of Utah Law School will sponsor Honor Role of Law a special Law Forum at 11:00 This annual nationwide event is A.M. on May 1, featuring an adnot, Mr. Giauque emphasized, a dress by Justice James K. Groves day for lawyers to honor one an-q the Colorado Supreme Court other or their profession, bufc.9Bri& the subject of Judicial ethics, the contrary, an occasiorrfor', honor- 2:00 P.M. the same day, the tag the role of law in this .country Law School will hold the final and how it affects he? daily lives round of its Junior Moot Court of its citizens. nO competition. The student finalists Instead of using rone) theipektfcr will argue the Constitutionality slogan as in past yrari.' Ene 1972 VOjahs System of Financing Law Day observance fic Education and their argusize the need ments will be judged by five fort to (1) distniguished jurists, Hon. David strengthen the legal process, and Lewis, Chief Judge, Tenth Cir(3) encourage the rights and recuit United States Court of Apsponsibilities of citizenship. The peals, Hon. Roger Traynor, formUtah State Bar is sponsoring numer Chief Justice, California Suerous Law Day events throughout preme Court and Professor of the state this year, including some Law, University of Utah, Hon. A. new events not previously underSherman Christensen, Senior taken. This years events include: United States District Court Naturalization Ceremony Judge, Hon. J. Allan Crockett, naturalization proceedings for Justice Supreme Court of the new citizens will be held on State of Utah, and Hon. James K. Groves, Justice Supreme Court Monday, May 1, 1972, at 10:00 A.M. in the State Capitol Roof the State of Colorado. tunda. The proceeding is under The Speakers Platform the jurisdiction of the Third Young Lawyers Section of the Judicial District Court and will Utah State Bar is sponsoring be presided over by one of the activities throughout speaker judges of that court Following of Utahs high schools in many the naturalization proceedings, a connection' with Law Day. On program will be presented by the that day attorneys throughout Utah State Bar with an address the state will visit Utah high s, by Ogdens Mayor, Bart school social studies, government himself a naturalized citiand history classes and conduct zen. A musical program will also discussion on such topics as drug be presented by one of the local laws, search and seizure, free schools. speech, consumer protection and High School Debate Comother relevant subjects. Some 40 petition Two of the states outUtah high schools from Logan standing debate teams will conto Moab will take part in the duct a debate at the University program, which is designed' to of Utah Law School Moot Courtimprove understanding and aproom at 9:30 A.M. on Monday, preciation for the law among May 1, 1972. The two teams will high school students. debate the interesting question Juvenile Court Ceremony of whether the present jury sysun May 1, the District Juvenile tem should be abolished or subCourt for Salt Lake and Tooele stantially modified. Counties will hold special Law Liberty Bell Awards Day ceremonies at 3522 South Awards to three outstanding 6th West in Salt Lake City, after citizens of the state for their which each of the juvenile judges, contribution to-l- aw and justice Hon. John Farr Larson, Hon. will be awarded at the annual Reginal Garff, Jr., and Hon. Judith F. Whitmer will give Law Day addresses at local schools. The Law Day observance has to date received the enthusiastic support of lawyers and alike in Utah. Proclamations have been signed by Governor Calvin L. WASHINGTON (UPI) The Rampton, Salt Lake City Mayor E. of the aru y the Supreme Court has benied a hearing J 9arn Jjlces in all trit Supreme Court, support to Arizona publisher Eugene C. its ofJJHw Purp0se?- Pulliam, who protested the refusal addition Py out letters of lower court, to throw out a hbd w tho ch toder. suit against his newspaper that he statg 0f Utah atten their calling conteidrf was deariy tasdesa. purpoan of law Day The brief order, April 17, left and inviting them to use the occa- standing lower court decisions deny- - sion as a topic for a sermon or ing Pulliam summary judgment address on Sunday, April 30, on against a Phoenix, Ariz., auto dealer the role of law in our society. who is suing the publisher. In briefs filed for Pulliam, his lawyers said the failure of the Maricopa County Superior Court and the Arizona Supreme Court to grant summary dismissal of the case violated his constitutional right of free speech and press. ITT The brief said summary judgment should have been granted because HARTFORD, CONN. (UPI) -Cthe plaintiff, Auto Dealer Julian crusader Ralph Nader onsumer Peagler, owner of Peaglers Dodge an filed appeal with the ConCity, clearly could marshal no has necticut Supreme Court of an earlier evidence which, if proved at trial, lower court ruling that dismissed his would demonstrate actual malice" Fire as required under recent Supreme challenge of the Company merger. Court decisions. . Ford Attorney Hits Auto Air Bag Date CINCINNATI (UPI) -- An attorney for the Ford Motor Company has declared that if air bags are required in cars by 1975 "the motoring public will have less THURSDAY, APRIL 27, 1972 h x .... - Wol-thiu- Publisher Loses Effort to Quash Libel Action . non-lawye- rs - tShout Nader Appeals Suit Turndown On Merger ITT-Hartfo- rd |