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Show Poriajii rM;r University of P;jr trim llth Fait LukeCity, IJth ldt 412 WESTERN AMERIi I ,N5V' X UTAH VOLUME 17, NUMBER 76 Utah Supreme Court Decision MOVING COMPANY DETERMINED NOT AN AGENT Oral agreement to transport good using anothers operating rights granted under Interstate Commerce Commission MOUNTAIN STATES MOVING and STORAGE CO., Plaintiff and Appellant management of General American. Mrs. Meyer is reluctant to talk SALT LAKE CITY, UTAH for publication about the previous the power of a officers of the company. woman stockholder. She only says that the corporaThat seems to be the lesson that tion hadnt held a stockholders Mrs. Juanita J. Meyer has taught meeting for more than a year and the shareholders in General Amerhad become relatively inactive. ican C o r p., a Mrs. Meyer probably wouldnt have cared about the situation in prevsmall company. ious years, when her husband hanMrs. Meyer, the dled all the family investments and widow of the late she was content with being "just a Dan Meyer, own-- v housewife. er of the Salt Nothing Happened A Lake Golden But when she was left with a 1 Eagles hockey complex estate to administer, she clubs at the time quickly realized she would have of his death, was to learn all about the business Mr. Cunningham the principal drivjungle for her own good. "I know that Dan was interested ing force behind a stockholders revolt which recently overturned the in General American and that he had called the president of the company the day he died because he wanted to get the company active Daily Record Columnist VAN LINES, O Dan Meyer's Widow, Juanita, Led Stockholders Revolt By Daniel K. Cunningham v. SUHR TRANSPORT INC., and FAR-GINC., Defendants and Respondents Trial Court: No cause of action in favor of Suhr. Trial court determined that the plaintiff was the agent of Far-G- o under the terms of the agency agreement and was not the agent of Suhr. Plaintiff does not rely on the tradiSupreme Court: Affirmed. tional concepts of agency, i.e., that a fiduciary relation resulted from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent so to act. a "transfer requiring approval "embraces the con2) duct of the operation by a person other than the holder of the operating right. 3) ". . . What cannot be done directly may not be done indirectly: If a carrier does not have authority to perform a certain operation, it cannot perform that service by leasing another carriers rights. . . . Plaintiff counsel: Richards & Richards, Gary A. Frank, 900 Walker Bank Bldg. Defendant counsel: William T. Thurman, 500 Kennecott Bldg., Salt Lake City See details page 4 .... over-the-ccunt- er Weintraub Will Retire as CJ In New Jersey Good Samaritan Money To Be Returned Chief TRENTON, N.J. (ACCN) Justice Joseph Weintraub, of the New Jersey Supreme Court, has announced that he will retire from the Bench at the end of this court year, next August 31. The Chief Justice, who was 65 years old March 5, and who could have stayed on until he reached the mandatory retirement age of 70, was appointed to the Superior Court on Manhattan Supreme Court in a suit filed by State Atty. Gen. Louis Lefkowitz. The dog was found lying on the Belt Parkway, January 10, by Mrs. Schultz. It had been hit by a Barbara Edward Greenfield J. Judge announced the ruling April 8, in car during a rainstorm. Mrs. Schultz took the animal to a Lynbrook, N.Y. veterinarian. The March 26, 1956, was elevated to the bill came to $105, but about 600 Supreme Court on Nov. 12, 1956 and persons, reading the story in became Chief Justice on Aug. 19, 1957, succeeding the late Arthur T. newspapers, sent in $4,800. Lefkowitz, then filed suit to have Vanderbilt who had become Chief the unused portion of the $4,800 Justice when the new court system returned, and Mrs. Schultz agreed was started under the 1947 Con(UPI)-Senate WASHINGTON with that action in an affidavit filed stitution. Chief Justice Weintraub, in his Republicans, joined by some with the court. to 16 years as the top judicial launched a have drive almost was Democrats, About $161 donated to in the state, has directed voter the officer defeat postcard try anonymously and Greenfield said once rules amendments, two bill numerous that would be used to pay the $105 again. registration the vet bill. The remaining $56 will go to rules revisions, and made numerous Sen. Hiram Fong, Nils chief opponent, said, April 10, the North Shore Animal League in changes in court administration that the measure would radically Port Washington, L.I. designed to keep the New Jersey and election the process change open up unparalleled opportunity far vote fraud at a cost to the SUPBEME C0UBT OF THE UNITED STATES or more than $100 million. Treasury ' floor Sen. Gale McGee, end would it said of manager the bill, Syllabus "cumbersome, onerous and unnecessary slate voter registration YORK (UPI)-- A State Court decided has judge Supreme that the $4,800 some 600 contributors gave to pay an injured dogs doctor bills must be returned. NEW Coalition Would Kill Postcard Registration BRENNAN, SECRETARY OF LABOR v. ARNHEIM & NEELY, INC., et al. repuirements which he described as obstacle courses" preventing millions of Americans from exercising their franchise. The measure, which would allow postcard voter registration forms to be mailed every two years to every residence in the country, was defeated in the Senate last year by a four-vot- e margin. The bill would create a federal voter registration administration within the U.S. Census Bureau which would reimburse state and local voting officials for the full cost of processing the returned registration cards. The measure is aimed at registering voters for federal elections only but includes a financial incentive for the states to, adopt the post card system for state and local elections as well. For states that implement their own postcard registration program the federal government would pay the full cost of processing the cards per cent of that plus an additional cost as an incentive. CERTIORARI No. 71-15- FRIDAY, APRIL 20, 1973 TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT 98. Respondent, a fully integrated real estate management company directing from its central office manifold operations at nine separately owned buildings, including leasing the properties for the owners and hiring, firing, supervising, and negotiating the wages of, those employed in the buildings, held to be an enterprise within the meaning of 3 (r) of the Fair Labor Standards Act since respondent conducts related activities through unified operation or control, for a common business purpose. It is irrelevant, for purposes of defining the respondents enterprise under 3 (r), that the building owners, who are not defendants in this enforcement action under the Act, have no relationship with one another and no common business purpose, since their activities as employers are not at issue here. Pp. 9. 444 F. 2(1 GOD, reversed and remanded. . 5-- Stewart, J., delivered the opinion of the Court, in which Burger, C. J., and Dowlas, Brennan, Marshall, Blackmun, Powell, and Rehnquiht, JJ., joined. White, J., filed a dissenting opinion. again. But months passed by and nothing of any consequence happened at General American. Luckily, Dan had saved some copies of the prospectus and I in the forefront in the nation administration of justice. In addition, he has written a number of landmark opinions and is considered one of the nations legal scholars. His seniority on the New Jersey Supreme Court is exceeded only by that of Justice Nathan L. Jacobs, who has been on the court since 1952. Earlier this year Justices John J. Francis and C. Thomas Schettino retired from the Supreme Court, and JusUce Haydn Proctor will reach the mandatory retirement age on June 16th. Justices Francis and Schettino are being succeeded by Appellate Division Judge Mark A. Sullivan and Pierre P. Garven, Counsel to Courts in the Governor William T. Cahill. House Group Favors Doubling Transit Grants WASHINGTON (UPI)-T- he house banking committee has approved legislation to almost double federal grants for mass transit and to provide for the first time federal subsidies for operating transit lines. Federal grants for construction of transit lines and purchase of equipment would be increased from $3.1 billion to $6.1 billion over five years. The bill, approved by the committee, April 10, would authorize operating subsidies of $800 million over two years. Operating subsidies learned that fifth of the meeting. Led Proxy Fight Mrs. Meyer was the major shareholder in the company and, uniting with another dissident stockholder, the two engineerd a proxy fighi. When the meeting was finally scheduled, more than three million shares out of 4.3 million were committed to the Meyer-le- d group. The Meyer stockholders nominees for officers were successfully elected and they included Paul Angelos, president; Lynn Jenkins, vice president and Marvin Robison, secretary-treasurer. The officers are now working on a financial statement and, according to Mrs. Meyer, are entering into negotiations to acquire additional meaningful assets for the corporation. Began As Cemetery General American originated in 1962 as Lake Mead Memorial Park, a cemetery company, she notes. Over the years, it has become a natural resources company involved in uranium, berylium and natural gas properties. General American now trades arcund six cents a share and th? short term prospects of the price going up seem bleak unless "we get new things into the company, Mrs. Meyer stated. Mrs. Meyer says the future for the company seems brighter even for the previous officers, who still have a stake in the company as shareholders. As for Mrs. Meyer, she has found that trading in her apron for proxy statements has been "a new experience and an interesting one. "From handling the estate, I have learned a lot. I have had io study business and law. Im still trying to learn everything I need to face the challenge. She Trusts People "People have told me not to trust anyone. But I think you do have to trust people though you have to do your homework too. While handling the Meyer estate, she has learned that "even when life is going against you, you can't give up. You have to do something, especially when you have a personal interest in the outcome. And she says that her husband of 21 years was an inspiration to her. Dan was not a quitter and I learned a lot from him. Smothers Bros. Win Damages prnm 1 pflAnrlcl 'I I IVI 1 1 1 are strongly opposed by the administration, which says the LOS ANGELES (UPI)-T- he federal government should not Smothers Brothers have won a become involved in the making up deficits of inefficient operation. The federal matching share of the capital grants would be increased to 80 per cent from the present and no local matching money would be required for operating subsidies. The banking committee bill clashes with a section of the federal aid highway bill approved by the public works committee which, also increased grant authority to $6.1 Kill inn k.it operating subsidies. two-third- s, Jtd judgment against CBS for damages incurred when the television network cancelled their $776,000 show in 1969. The entertainers sought $10 million in the breach of contract suit from the "Smothers Brothers Comedy Hour. CBS filed a cross complaint demanding $1 arising million. The jury deliberated five days before rejecting the CBS action and awarding the damages to Tom and Dick Smothers, April 6. The trial began February 15. ! |