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Show Faria 1 1. PrdT lV;jrtf:-n- University of Uth Fait LukeCityP tU2 Ut'--h Fuel Hearing Probes Utah Utah Supreme Court Decision Capsule Marketing Practices Reverse Lower Court BANK HAS PRIOR SECURITY INTEREST IN CATTLE SALE CONTRACT (Editor'i NoU: Thi, articb la tha Brat of a aariaa baaad on tha U.S. Sonata auboommittaa hearing on gaaolina marhating practical in Utah. Tha hearing was hold March 17 at tha Utah State Capitol.) WALKER BANK & TRUST COMPANY, Substituted Plaintiff & Appellant By Daniel K. Cunningham WESLEY S. BURROWS, et al., Defendants and Respondents and ESTELLA MCARTHUR, INTERVENOR. y Trial Court: Priority rights to defendants. Cattle delivered under conditional to Wesley Burrows in 1966 ;he and remained in possession State statement filed by Baileys with Secretary of State in May 1967. Supreme Court: Reversed. Capitol Auditorium last weekend. It is quite clear that the Baileys did not perfect a The hearings Cunningham were held by Senator Frank E. Moss, to gather additional information on how the current "energy crisis" will affect the security interest in the livestock in queston by retaining possession and . h, they did not perfect a security interest by filing a financing statement with the Secretary of State until after Walker Bank's filing." Justice F. Henri Henroid dissents. SUPREME COURT OF Plaintiff counsel: Roger McDonough 800 Walker Bank Bldg. . 70-Ho- ur the subcommittee: . Syllabus Defendant counsel: Michael W. Park 99 N. Main gasoline marketing practic-e- s hearing at the until 1968 when Baileys repossessed the ranch and cattle. Financing year out." Despite 17 years association with Mr. Tubbs was "summarily Phillips, gasoline retailers and the attorneys terminated by Phillips in October of who are representing many of them in 1972. .In October two 'Phillips . anti-tru.litigations. Before the came into my station hearing started, one retailer noted representatives anthat gasoline prices are expected to without any prior warning or me told and nouncement that they reach 70 cents a gallon this summer. wanted me to agree to vacate my Upon hearing that statement, a combusiness in 30 days. panion observed: "They told me that if 1 did not agree It's politically contrived." to this mutual cancellation that The first witness called to testify would kick me out in ten days. was Richard Tubbs, who said he has Phillips The only reason they gave for my terbeen a dealer for Phillips Petroleum was marketing changes'." mination Co. for 17 years. Mr. Tubbs said his After consulting with an attorney, dealership had been successful and he told Sen. Moss, he was able to delay provided a good living for his family. his eviction to May 1 of this year. He had won several awards from One Dime" Not Phillips, oncluding one citation for But despite the extensive inoperating the cleanest station in Utah vestment of capital and time in his and Idaho. dealership, Mr. Tubbs testified that Weeks Phillips is not going to pay ms one However, he noted that his business dime for the destruction of my requires extremely long hours, con1 think this business. and sistently averaging 70 hours a week, cavalier manner in which abrupt Phillips has "week in and week out, year in and all is me terminated to typical of the relationship between major oil comTHE UNITED STATES panies and their dealers." Now a bitter man, Mr. Tubbs told American consumer. The audience was dominated by st Daily Record Columnist SALT LAKE CITY, UTAH-"Ho- w could twenty or thirty of the biggest corporations in the world go to sleep at the switch at the same time?" This was the acid comment mut-ba member )f the overflow ludience attending v. sales contract ! ENVIRONMENTAL PROTECTION AGENCY V. MINK ET AL. . See details page 3 et al. CERTIORARI TO THE UNITED 8TATE8 COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Major oil company dealers are independent businessmen and not employees. We have none of the protection of employees. We cannot unionize, we have no mimimum wage protection, no pension plans and obviously, no job security. Dancing A Tune" We lease our places of business form our supplier under short-terleasee. We are forced, as a practical matter, to market the products of our landlord or lose the lease and we are forced to sell products at prices he determines. The basic and overwhelming fact of the gasoline industry is that we are inere midgets dancing the tune that our major oil company suppliers demand." Mr. Tubbs ended his testimony by calling for legislative protection which would enable retailers to buy wholesale where they choose and leases. operate under long-terResponding to questions from Sen. Moss, Mr. Tubbs testified that his supplier, Phillips, was selling gasoline under the label of Super Bonanza in tha Ogden area at prices which he could not compete with. He also said that Phillips had sold some of its stations in the Ogden area to retailers, but had refused to "even talk to Mr. Tubbs about the possible purchase of the station he now leases. Questions Supply Mr. Tubbs also said that marketing practices of products other than gasoline were restrictive because he could obtain from wholesalers "better and cheaper automotive supplies than what is available from the oil companies." In his opening comments, Sen. Moss told the audience that 'Today, we are seeing a diminished supply of gasoline for independent retailers, and tha impact of this fact upon consumer choice and price will soon become subm No. 71-0- 09. Argued November 9, 1972 Decided intra-agen- SALT LAKE CITY, UTAH - Zions First National Bank has announced the appointment of Gareld D. Hanson as assistant vice president and marketing officer in the bank's business development department. The appointment is effective im-- according to bank president Roy W. Simmons. Mr. Simmons also announced cy intra-agen- ry cy ... the appointment of Charles Whitney as assistant vice president in tha business development department, to work with Mr. Hanson in all phases of the abnks general marketing area, including such things as budget control and advertising. Mr. Hanson is a native of Provo, Utah, and obtained his B.S. degree in business administration from the University of Utah in 1958. After working for Z.C.M.I. for a time as a department manager, he joined the staff of Zions First National Bank in 1964 as an operations officer. Later ho was promoted to real estate loan officer before joining the bank's business development staff. He is active in. both church and civic affairs and is a member of the Salt Lake Area Chamber of Commerce and Sales and Marketing Executives of Utah. Utah. Mr. Whitney was born in Honolulu, Hawaii, and received his B.S. degree from the University of Utah in 1965. He joined the Zions First National staff as a commercial loan officer and later worked in branch administration before becoming involved in business development efforts. He is a member of the American Institute of Banking and a former member of the Junior Chamber of Commerce. 1973 Respondent Members of Congress brought suit under the Freedom of Information Aet of 1966 to eompel disclosure of nine documents that various officials had prepared for the 1 resident concerning a scheduled underground nuclear test. All but three were classified as Top Secret and Secret under K. (). 10501, and petitioners documents represented that all were interagency or used in the Executive Branchs decisionmaking processes. The District Court granted jietitioners' motion for summary judgment on the grounds that each of the documents was exempt from compelled disclosure by 5 U. S. C. 552 (b)(1) (hereafter Exemption 1), excluding matters "specifically required by Executive order to be kept secret in the interest of the national defense 552 (b)(5) (hereafter Exemption 5), or foreign policy," and inter-agenmemorandums or letters or excluding in litigation which would not be available by law to a party with the agency." The Court of Appeals reversed, concluding (a) that Exemption 1 permits nondisclosure of only the secret portions of classified documents but requires disclosure of the nonsecret components if separable, and (b) that Exemption 5 shielded only governmental decisional processes and not factual information unless inextricably intertwined with policy-makiprocesses." The District Court was ordered to examine the documents in camera to determine both aspects of separability. Held: 1. Exemption 1 does not permit compelled disclosure of the six et classified documents or in camera inspection to sift out components," and petitioners met their burden of demonstrating that the documents were entitled to protection under that exemption. Pp. 1. New Appointments At Zions First National Bank mediately, January 22. ng non-secr- 5-1- 2. Exemption 5 does not require that otherwise confidential documents be made available for s district courts in camera inspection regardless of how little, if any, purely factual material they contain. In implying that such inspection be automatic, the Court of Appeals order was overly rigid; and petitioners should be afforded the opportunity of demonstrating by means short of in camera inspection that the documents sought are clearly bevend the range of material that would be available to a private party in litigation with a Government agency. Pp. 11-464 F. 2d 472, reversed and remanded. 20. New York (UPI) Individual investors continue to be apathetic toward stocks," Blyth Eastman Dillon observes. The Public's back will be turned toward the market until we see a broad advance, White, J., delivered the opinion of the Court, in which Burger, C. J., and Stewart, Blackmun, and 1owell, JJ., joined. Stewart, J., filed a concurring opinion. Brennan, J., filed an opinion concurring in part and dissenting in part, in which Marshall, J., joined. Douglas, J., filed a dissenting opinion. Rehnquist, J., took no part in the consideration or decision of the case. I stantial." Ha said his hearing would look into the nature of the problems which have resulted in rising prices and diminishing supply in the gaaolina industry. The hearing was also attended by U.S. Representative Wayne Owens, who expressed concern over the erosion of individualism in business and the domination by giant corporations. Tomorrow: The 55,500 a year college graduate." h, , |