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Show I OlW orialt. FM.r IV: Ji ll.-- n - . f Ut h Univrity ealt LBCity.'U l'-- nz Western Americana Usuries 091973 JBtiUS ORDER DEBty I SALT LAKE CITY, UTAH VOLUME 17, NUMBER 66 FRIDAY, APRIL 6, 1973 ffWfifwwmfimiM Courts, Hearing! Agencies' Tugi f War Aired Utah Supreme Court Decision The f & Appellant We believe and hold that the certifiSupreme Court: Affirmed. cate tendered was encumbered" in the sense that its marketability, bcause of nonregistration and imperfection, was highly suspect." (Plaintiff gave defendant $5,000 fcr 20,000 shares of unregistered stock.) Plaintiff counsel: Worsley, Snow & Christensen, Lowell H. Hawkes, 7th Floor, Continental Bank Bldg. Defendant counsel: Backman, Backman & Clark, Ralph J. Marsh, Deseret Bldg. See details pace 4 . i i UNITED AIR LINES, INC. v. MAHIN, DIRECTOR OF DEPARTMENT OF REVENUE, et al. No. 71-6- 62. Argued November 8, 1972 bankruptcies be treated as administrative proceedings with the issues determined by hearing officers. TTey are how, of course, court proceedings and conducteed by referees in bankruptcy. Advantages to considering these matters as administrative hearings, the Brookings report asserted, would be less expense to the parties in small or cases, speedier resolution of cases, and the elimination or reduction of fees now Decided March 5, 1973 no-ass- et More Attempts . To Aid Parochial Schools Seen WASHINGTON (UPI)-Ci- vil rights attorneys foresee more attempts to win state aid for parochial schools because of the Supreme e Courts sanction of a payment of $24 million to 1,181 schools in Pennsylvania. In a five to three decision on Monday the court permitted the outlays since the state had committed itself to fund them before the law providing for them was declared Pp. 9. unconstitutional. The funds reim49 111. 2d 45, 273 N. E. 2d 585, vacated and remanded. burse private schools for text books, instructional material and teacliers Blackmun, J., delivered the opinion of the Court, in which salaries. Burger, C. J., and Brennan, Marshall, Powell, and Rehnquist, According to Philadelphia AtJJ., joined. Douglas, J., filed a dissenting opinion, in which Stewtorney Henry Sawyer, whose firm J., filed .amum dissenting opinion. . art and White, JJ., joined. White, m fought the case on the request of the .1 II. uxi i American Civil Liberties Union with a written opinion. (ACLU), Monday's decision poses The case was brought by Hover this risk; that state legislatures, Patterson, a welfare recipient in "considering all the political West Dunbar, W. Va., who purpressures that exist and they are chased a used 1959 station wagon on very real ones might be tempted to Nov. 14, 1968, from Graham Motor take a flyer on an act with the idea Co. of Charleston, W. Va. that (hey will get a year or so out of According to Patterson, the car it" before it is thrown out by the By was in constant need olf repairs courts. which Graham refused to perform or The after the first time. Patterson then tq put up twice the judgment WASHINGTON (UPI) to in order appeal. Supreme Court has agreed to hear a ceased payment on the car with $300 $600 lower federal the lost he When challenge to a West Virginia law still owed to Graham under the sales court, he appealed to the Supreme which requires an impoverished contract, auto owner to post bond equal to Kanawha County Justice of the Court. Gen. Chaucey H. in twice the judgment against him peace George Warner ordered ' State Atty. argued the decision order to appeal an adverse decision. Patterson to pay. He then went to a Browning, no The court will hear arguments special three-judg- e federal court to was correct and presented federal question. next fall or winter and will follow challenge a state law requiring him substantial 3-- one-tim- 7-- . Steel Demand To Spur First Quarter Record substance advocated that most COURT OF ILLINOIS The Illinois use tax was applied to appellants aviation fuel stored in the State and loaded aboard its aircraft there and consumed in interstate flights, the tax authorities having revised their previous burn off" interpretation of a statutory exemption for temporary storage. Under the burn off" interpretation only fuel consumed in flight over Illinois was used to measure the tax imposed for storage before loading, but under the reinterpretation all fuel loaded was deemed to measure the tax on the use" of storage or withdrawal from storage. The Illinois Supreme Court upheld the statute against appellants contention that the tax as reinter- preted impermissibly burdened interstate commerce. Held: 1. The statute as authoritatively construed by the States not and court tax to consumption does not place storage highest an unconstitutional burden on interstate commerce. Edelman v. Boeing Air Transport, Inc., 289 U. S. 249; Nashville, Chattanooga A St. Louis R. Co. v. Wallace, 288 U. S. 249. Cases allowing the taxation of storage of fuel before loading have not outlived their usefulness. Pp. 7. rule is not unconstitutional, being distin2. The burn-off- " guishable from a tax imposed on consumption such as was invalidated in Helson v. Kentucky, 279 U. S. 245. Since some of the Illinois Supreme Court majority were under the mistaken impression that Helson precluded use of the burn off" interpretation, the case is remanded to enable that court to construe the temporary storage provision under state law free from any constraint that such interpretation would not be constitutionally permissible. earned by what was referred to during the panel discussion as thr. bankruptcy bar. Bankruptcy Referee Conley S. Brown of the U.S. District Court for the Northern District of California used his panel time in essence to reply to Brookings report. It contained nothing new, he said in substance, and failed to show that the courts and their referees are not doing their job. There are no small cases in University. David Stanley, senior fellow of the Brookings Institution, summarized a recent; comprehensive study by the research organization which in Syllabus ON APPEAL FROM THE SUPREME tug-of-w- ar Administration, turned largely on the specific topic of bankruptcy to the unfortunate jurisdiction and, to a lesser extent, bankruptcy on the proper role of the Federal Trade Commission. The panel was moderated by Prof. Peter Woll of the department iff politics at Brandeis SUPBEME COUBT OF THE UNITED STATES I governments between the courts and administrative agencies over jurisdiction came in for an at me of the obligatory going-ove- r panel discussions of the National on Conference Public Ad- ministration here, Monday. The panel on the second day of the four-da- y annual meeting, sponsored the Amercian Society for Public by perennial Defendant modern CLEVELAND, OHIO Cheating Africa Nation on Cocoa - . f must be defended against the libelous" comments on them as a class which, Brown asserted, are contained in the Brookings reports. Neither, Brown said, are bankruptcy courts incompetent. As to keeping adequate records, which the report indicated many such . 1 W history of that agency and its growth in adjudication powers in response to a suggestion by panel chairman Woll that he comment on the current proposal to take away the FTCs judicial functions. There, is an advantage in the present mixed system, McIntyre said, inherent in the very fact that so many cases come before one agency. They can there be sifted out and those which should go on to adjudication be so ticketed, he stated. ftill-dre- ss who have been buying toreign steel have difficulty getting commitments on imports for later this year, the U.S. steel industry will have a boom current production and from . replacement of imported steel with domestic steel, the magazine said. Foreign steel is less readily available now that world steel' demand has picked up, and it has lost price attractiveness here as a result of U.S.doUar. devaluation of the Because of strong world demands for steel, some U.S. producers of forms of steel that are not in strong demand, at home are seeking markets abroad. One of them, Lykes Youngstown Corp., expects a selling trip to Russia by its top executives to nav off soon. grad of cocoa bean at a price above the U.S. market value and tli.n sold the beans to Central Cocoa Company of New York City at the market value knowing, that they did not1 intend to make full payment to two 38-cou- nt Ab-bequa- ye i year. Record consumption and shipments of steel for 1973 are said to be already assured in the U.S. Inventory building among steel users is not more than a negligible factor in the strong demand for the light, flat rolled forms of steel. The demand comes from needs of Allotey, 44, now living in Ghana, and his wife, Enid, 32. Mrs. Allotey holds both British and American citizenship. The indictment charged that between September, 1970, and June 1971, the Alloteys formed a part- - indicted x founts do not, such records are in fact kept, the referee declared. If more is wanted, he emphasized, Give us the machines an apallusion to the parent costly ami complex computers which governments and voters have sometimes gagged at providing. Ghanians with defrauding Equatorial Guinea of approximately $2.2 million. Atty. Gen. Richard Kleindienst said a indictment was returned March 27, against - , people who are involved in than, Brown declared. Referees now are attorneys. What qualifications can we be sure that administrative hearing officers would have? he asked. The character of referees nership in Staton Island. N.Y., under the name of Stephen and Company for the purpose of importing 4,000 metric tons of cocoa beans from Equatorial Guinea to the United States. According to the indictment, the Alloteys contracted with officials of Equatorial Guinea to buy a superior A federal WASHINGTON (UPI) in grand jury Brooklyn, N.Y., has Case Accepted High Court (ACCN)-Ste- el 2 Charged With Judgment Bond l Federal Trade Commissioner Everette McIntyre traced the demand has become so strong that steel company analysts are substantial making upward in revisions their forecasts of first quarter steel shipments from U.S. mills, Industry Week reported. They now expect shipments will set a first quarter record of 25.5 million to 26 million net tons, an increase of half a million to 2 million tons over previous estimates. Hie first quarter record is 25.4 million net tons set in a year when steel . users built inventories as a hedge against a possible strike. The prospects for a record stem mainly from intense pressure of demand of sheets and strip, although orders for plates and structural shapes products that have been in light demand are reported to be increasing. Producers are booking sheet orders for shipment as far ahead as next summer, the magazine said. The strong demand far sheets and strip has brought about a sellers'1 market." The last time such a condition prevailed was in 1969. Steel companies are allocating sheet and strip to their sales districts and their divisions.' Steel company analysts are eager to get a fix on this years volume of steel imports. If steel consumers I i j Equatoi.'jal Guinea. t |