The Hays Daily News from Hays, Kansas on June 16, 2006 · Page 13
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The Hays Daily News from Hays, Kansas · Page 13

Hays, Kansas
Issue Date:
Friday, June 16, 2006
Page 13
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J-RIDAY, JUNE 16, 2006 SPORTS THE! 83 HOYALS: Wood ^ matches his | longest start ONTINUED FROM PAGE B1 The ball rolled into center .'$eld and De Jesus scored. Rodriguez struck out Stairs to end the inning. The blown save was the second in 17 chances for Rodriguez, who struck out four and walked one in 1 2-3 innings. Lackey has won just once in his last nine starts. "We won the game," Lackey (-.said. "Do I think I've pitched hotter than being 4-4 this year? pYes. But we won the game, and tv that's all that really matters." ,. Hector Carrasco (2-2) pitched {- a perfect 10th to get the win. |, ; The Royals' Mike Wood went }';.6,l-3 innings to match his [^longest start of the year, hold- j'lhg the Angels to two runs and P seven hits, including Guerrero's Khomer. Wood struck out three Kand didn't walk a batter. **• Guerrero hit his 16th homer, »,& towering drive to center, on a ^best-high fastball out over the 'plate. Wood said he wanted to •"throw the fastball to Guerrero - to make it more difficult for Fig,; gins, who reached on a leadoff • single, to try to steal second af- i. ter several tosses over to first '.base. i ', "The pitch was right down i^ the middle and Guerrero took j advantage of it," Wood said. "I'd i like to take that one back. I | knew I shouldn't have thrown I: .that pitch. It was a bad pitch at •& bad time." .;,, Cabrera went 2-for-5, stretch, ing his on-base streak by hit, J walk or hit-by-pitch to 45 games, longest in the majors this year. "I am having pretty good luck. It's a good run for me," Qabrera said. Game notes Kansas City 2B Grudzielanek hasn't made an error in a stretch of 76 games dating to last Sept. 2 when he was with St. Louis. FINALS: Heat fans celebrate franchise's 100th NBA playoff game CONTINUED FROM PAGE B1 After two double-digit victories at home, Dallas came to town thinking it could wrap things up on the road. The Mavericks had won their three previous playoff series away from home, including a dramatic Game 7 in San Antonio that went into overtime. Now, they're staggering around like they've never been in the playoffs before. Jason Terry scored 17 points to lead Dallas, which was six minutes away from taking a 3-0 lead but let a 13-point, fourth-quarter advantage slip away. Since then, nothing has gone the Mavericks' way. "They made shots and Shaq was a beast down there," Nowitzki said. "The bottom line is if you shoot 31 percent from the floor you are not going to win." Leading by 10 points at half, the Heat pushed their lead to 20 midway through the third quarter when tempers flared after Jerry Stackhouse's hard foul on O'Neal. After Wade scored six straight points, O'Neal, criticized for not dominating in Games 1,2 or 3 despite constant double- teaming, spun on the baseline for a three- point play to give Miami a 68-51 lead. On a steal and breakaway, Miami's Jason Williams waited for a trailing O'Neal, who as he was gathering himself for a backboard-bending dunk, was knocked to the floor by Stackhouse — the Mavs forward risking life and limb by tackling the Diesel. O'Neal didn't have a problem with Stack- SMILEY POOL / Associated Press Mavericks forward Dirk Nowitzki grabs his ankle after falling during the second half of Game 4 in Miami. house's blindside. "My daughters tackle me harder when I come home," he said. "I'm one of the last players from the old school, you just have to take a hard foul like that and keep on moving. It actually felt pretty good to get hit like that. Thank you, Jerry. Appreciate it." Face First on the floor, O'Neal attempted to get up, but if he had any thoughts about retaliating Wade made sure he didn't. Wade pushed down on his teammate as players on both teams exchanged dirty looks and dirtier words. "That's a hard foul on a big guy," Mavericks guard Darrell Armstrong said. "Stack ain't trying to hurt nobody That's just playoff basketball. But you've got heroes like Antoine Walker who come up and feel like they got to say something. For what?" O'Neal made two free throws — he finished 5-of-10 from the line — and two by Wade gave Miami a 20-point lead with 6:23 left in the period. The Mavericks used an 8-0 run to close within 78-67 entering the fourth, but Miami finally put Dallas away with seven straight points, the last coming on Antoine Walker's 3-pointer with 4:21 left that made it 9272. That's when Heat fans began stripping the white covers off their seat cushions and celebrated Miami's 100th playoff game in style. Less than a minute later, Wade came out to a thundering ovation. Wade picked up where he left off in Game 3, scoring 24 points in the first half as the Heat opened a 54-44 lead. He wasn't Flash — the superhero nickname he got from O'Neal — as much as he was Finesse, choosing to shoot jumpers rather than go airborne to the hole. Wade didn't appear to be slowed by the knee injury in the first quarter, scoring 14 points — nine on jump shots — as the Heat opened a 30-25 lead after one despite playing most of the period with O'Neal sitting on the bench with two fouls. Only twice did Wade, wearing pads over both knees, dare drive to the basket on Dallas' defense. Instead, he hung around the perimeter and took aim from the outside, showing range the Mavericks once doubted. Jordan partners up, becomes part owner of Bobcats By JENNA FRYER ASSOCIATED PRESS CHARLOTTE, N.C. — Bob Johnson wanted Michael Jordan involved with his NBA team from the start. It just took the Charlotte Bobcats owner three years to make it happen. Jordan bought a significant piece of the Bobcats on Thursday, becoming the second-largest individual investor behind Johnson. He was named the managing member of basketball operations, and will immediately turn his attention to helping general manager Bernie Bickerstaff prepare for the NBA draft. The Bobcats have the No. 3 overall pick in the June 28 draft. "When I put Michael and Bernie together, they got into it right away," Johnson said. "Over the next several days, Bernie will be doing a download on Michael of all the intelligence that he's gathered about what the team needs. "He is going to be fully briefed and ready to aid Bernie in making the best decisions possible when it comes to draft selections." It's exactly what Johnson has wanted since 2002, when the BET founder paid $300 million to beat a Larry Bird-backed group for Charlotte's expansion NBA team. He had previously offered Jordan any role he wanted in the organization, but Jordan passed on the offer to pursue his own ownership opportunities. Nothing materialized, and the offer to be part of the Bobcats came back on the table during Johnson's recent purge of his front office. He has let go of president and CEO Ed Tapscott, and the chief marketing and operations manager in the past two weeks. "Michael has made several attempts to own his own team, and the NBA has been very active in trying to help Michael acquire a team," Johnson said. "When that didn't happen and time passed on, I think Michael saw this as a way to be connected with basketball, do other business pursuits and do something with a friend of his in Carolina where he was born and played ball." Jordan, who led the Chicago Bulls to six NBA championships, bought into Johnson's existing portfolio of media, entertainment and financial services. He's also the first black owner of any professional franchise. "I'm excited to join Bob, and invest alongside one of the most astute businessmen I know," Jordan said. "I am also looking forward to providing my advice, where needed, to Bobcats management in order to put the best possible team on the court." Two double-bogeys put Tiger Woods near cut line PUBLIC NOTICES As taxpayers and citizens, we have a right to know about decisions and activities of our government. Public notices are legally required publications of certain important government records and" of court proceedings and notifications. Find public notices online at . MAMARONECK, N.Y. (AP) — Tiger Woods was 10-over par ',tvith three holes left in his second round today, 11 shots out of '{he U.S. Open lead and in jeopardy of missing the cut for the first time in the majors as a pro. ( After starting his second round steadily on the back nine with four straight pars, Woods made double-bogey 6s on Nos. 14 and 16. That ballooned his score t610 over and the goal became not winning his llth major, but simply trying to stick around for the weekend. The clubhouse leader was Steve Strieker, who holed out sand shots on Nos. 2 and 9 for birdies en route to a round of 1- under 69. Strieker was 1 under for the tournament, 11 ahead of Woods, and if Woods can't cut .the margin by a stroke over his final three holes, his stay at Winged Foot will almost certainly end early. „. At the U.S. Open, the top 60 jilayers and ties make the cut, along with anyone within 10 strokes of the lead. Woods head- e'd into his 16th hole in a tie for 102nd, meaning if he's not within 10 of the lead, he would have to f ' iss 42 players to end up in the p 60. Even with half the field left to play in the afternoon and with conditions tough at Winged Foot, where the average first- round score was 75.98, that would be an almost impossible task. Strieker, who started on the U.S.Open back, got to 2 under when he holed out from the greenside bunker on No. 2. But he came back to par after a pair of bogeys, the second after missing the green from the middle of the fairway on No. 8. He looked to be melting down when he again went from the fairway to the sand on No. 9, but after studying the green, he stepped into the bunker and flopped the ball out, into the hole. Colin Montgomerie, who had an afternoon tee time, was the first-round leader at 1-under 69 — the only player to break par on the first day. Woods shot 6-over-par 76 in the first round Thursday in his first appearance since the Masters. He took more than two months off following the death of his father, Earl, on May 3. After a decent start Friday, his round started going downhill when he came up short on a chip on No. 14, then missed a bogey putt from about 2 feet. On No. 16, he hooked his second shot from the fairway. His ball hit a cart path and came to rest near a chain-link fence in a bunker on the 12th hole of the East Course at Winged Foot, which is closed for this tournament. After a free drop and a chip into a bunker, he made double-bogey. Wright vs, Taylor for middleweight title By TIM DAHLBERG ASSOCIATED PRESS MEMPHIS, Tenn. — Winky Wright has been chasing fights and fighters for much of his career. He fought house fighters from France to Argentina to South Africa, hoping someday he would make a name for himself at home. Wright has that name now, ppd every reason to stay home. But he's on the road again, fighting Jermain Taylor in his backyard in an intriguing bout Saturday night for the middleweight title. Wright doesn't mind. It's the price he pays for being a slick southpaw of the type no one really ever wants to fight. "It really doesn't matter where you fight because you've got to stand in that square," Wright said. , "I would have preferred Veg#s because It would be a bigger fight in Vegas, but I don't mind fighting here." Wright, who hasn't lost in nearly seven years, challenges Taylor for the 160-pound title in a classic matchup of boxer versus puncher and veteran versus up-and-coming young star. It's a risky fight for both men, and a rare matching of the two fighters considered the best in their division. Wright hasn't been in that division long, moving up to beat Felix Trinidad in a dominating performance last summer that solidified his rank as one of the pound-for-pound bests. Beating Taylor would do even more for a career that sometimes seemed like it would never take off as he traveled around the world looking for fights. Along the way, he never lost faith. "I always knew the time would come," Wright said. "When I finish this game, I want people to know Winky Wright fought everybody. I'm here because I earned my way in." (First published in The Hays Daily News.June 2, 2006) " 'lM f HE'DlSt Klbt 1 eOURt'OF;"'' ELLIS COUNTY, KANSAS IN THE MATTER OF THE ESTATE OF Case No. 05-P-25 RAYMOND L. HOLZMEISTER Deceased. NOTICE OF HEARING THE STATE OF KANSAS TO ALL PERSONS CONCERNED: You are hereby notified that a Petition has been filed in this Court by Patrick Suppes, duly appointed, qualified and acting Executor of the Estate of Raymond J. Holzmeister, deceased, praying Petitioner's acts be approved; accounts be settled and allowed; the heirs be determined; the Will be construed and the Estate be assigned to the persons entitled thereto; the Court find the allowances requested for attorneys and accountant fees and expenses are reasonable and should be allowed; the costs be determined and ordered paid; the administration of the Estate be closed; upon the filing of receipts the Petitioner be finally discharged as the Executor of the Estate of Raymond J. Holzmeister, deceased, and the Petitioner be released from further liability. You are required to file your written defenses thereto on or before the 28th day of June, 2006, at 11:30 a.m. in the District Court, Ellis County, Kansas, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the Petition. PATRICK SUPPES Executor JOHNT. BIRD, #8419 Glassman, Bird, Braun & Schwartz, L.L.P. 200 West 13th Street P.O. Box 727 Hays, Kansas 67601 (785)625-6919 Attorney for Petitioner (Last published in The Hays Daily News June 16, 2006) (Published In The Hays Dally News June 16, 2006) IN THE DISTRICT COURT OF ELLIS COUNTY, KANSAS PROBATE DIVISION IN THE MATTER OF THE ESTATE OF JOSEPH W. HERMAN, Deceased Case No. 06-P-13 NOTICE OF SALE OF PERSONAL PROPERTY AT PUBLIC SALE THE STATE OF KANSASA TO ALL PERSONS CONCERNED: You are hereby notified that JOE SANDER, Administrator of the above- entitled Estate, will offer for sale at public auction the following described personal property: Personal property valued at $20,000 including a 1990 Ford Contour with 28,900 miles on July 1, 2006, at 10:00 a.m. located at the Ellis County Knight of Columbus Building, Ellis, Kansas, to the highest bidder for cash. All parties Interested should take notice and govern themselves accordingly. JOE SANDER Administrator GLENN R. BRAUN, #10800 Glassman, Bird, Braun & Schwartz, L.L.P. 200 W. 13th Street PO Box 727 Hays, Kansas 67601 Phone:785-625-6919 Fax: 785-625-2471 Attorney for Administrator (Published in The Hays Dally News June 16.2006) IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS CIVIL COURT DIVISION Lisa Huen, Plaintiff, vs. Archer, .p^rjiejs Midland Co., at al ,,' • DefenaaritSi -V.',,'..' .'.'.,'.'' '.-',. .'',!.'.'. ... Case No. 96 C 2029 TO: INDIRECT PURCHASERS OF HIGH FRUCTOSE CORN SYRUP OR CITRIC ACID IN THE STATE OF KANSAS DURING THE PERIOD JULY 1, 1991 THROUGH JUNE 30, 1995 NOTICE OF CERTIFICATION OF A SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF SETTLEMENT PLEASE READ THIS ENTIRE NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A LAWSUIT NOW PENDING IN THIS COURT. This Notice is given pursuant to K.S.A. §60-223 of the Rules of Civil Procedure and Order of the District Court of Wyandotte County, Kansas. There is now pending in this Court a class action brought on behalf of indirect purchasers of high fructose corn syrup and citric acid in Kansas. The action alleges violations of the Kansas Antitrust Act (the "Act") with respect to the sale of high fructose corn syrup ("HFCS") or citric acid. If you are a member of the settlement class described herein, your rights will be affected by this litigation. This Notice is published for the purpose of informing you of the existence of a certified settlement class and Settlement Agreements with defendant Company 113 Corporation (formerly known as Haarmann & Reimer Corporation) (hereinafter "H&R"), F. Hoffmann-LaRoche Ltd. ("Roche") and Archer Daniels Midland Company ("ADM") so you can decide what steps you wish to take. Your possible choices are described later in this Notice. I. THE LITIGATION Plaintiff alleges that beginning January 1, 1992 and continuing until December 31, 1994, four companies, Including ADM, engaged in an unlawful conspiracy to fix, raise, and maintain the prices of HFCS and H&R, Roche and ADM -engaged In such a conspiracy with respect to citric acid in the United States in violation of the Act and that, as a result, she and other members of the Class paid more for foods, beverages and other products containing HFCS or citric acid than they would have absent the alleged conspiracy. It Is Plaintiff's belief that virtually everyone who purchased consumer products In Kansas during the class period is a member of the class. The other defendants that plaintiff alleges conspired to fix the prices of HFCS are A.E. Staley Manufacturing Company, now known as Tate & Lyle Ingredients Americas, Inc., Cargill Incorporated, and Corn Products International, Inc. (which has succeeded to the HFCS business of CPC International, Inc.). Defendants deny that they engaged In any unlawful conspiracy In violation of the Act or any other law, or that they have in any way Injured or damaged any purchaser of HFCS or citric acid. THE COURT HAS NOT PASSED ON ANY OF THE CONTENTIONS OF THE PARTIES. THIS NOTICE IS NOT TO BE UNDERSTOOD AS AN EXPRESSION OF ANY OPINION BY THE COURT AS TO THE MERITS OF ANY OF THE CLAIMS , OR DEFENSES ASSERTED BY EITHER SIDE. I). THE SETTLEMENT CLASS The Court certified a settlement class consisting of: All individuals residing in the State of Kansas who purchased In the State foods, beverages, or other consumer products containing high fructose corn syrup and/or citric acid manufactured or supplied by any of the defendants in Heun v. Archer Daniels Midland Co, et al during the period July 1, 1991 through June 30,1995. ',-". ',' 111 THE SETTLEMENTS „;,„ Settlement Agreements have already been entered into with Corn Products, Cargill and Staley for $50,000, $150,000 and $725,000, respectively. These settlements have received final approval. The Settlement Agreements here at issue provide that H&R will pay $260,000, Roche $75,000 and ADM $1,400,000, subject to the terms and conditions of the Settlement Agreements. The settlements are a compromise of disputed claims and do not mean that liability or damages would have been found against H&R, Roche or ADM. Under the terms of the Settlement Agreements, plaintiff is entitled to spend, with the approval of the Court, moneys from the settlement funds to provide this notice. In addition, plaintiff's counsel will request that the Court award counsel fees not to exceed one-third (1/3) of the settlements and of the prior settlements in this case, plus litigation costs and an award to plaintiff for obtaining these settlements. The total amount of all settlements in this case is $2,660,000. ' These settlements, if approved will terminate this litigation. The total recovery will be $ 2,660,000. Plaintiff intends to request the Court to approve the distribution of the proceeds, net of any fees, costs or award approved by the Court, to the Sunflower Foundation. The Sunflower Foundation serves the health needs of Kansans, including providing health care and health care information to indigent, uninsured, underinsured persons; promoting preventive health care, including, but not limited to, activities aimed at reducing the number of Kansas adults and youth who use and are addicted to tobacco products; and other health related services. If these settlements are approved, each settlement class member shall be deemed to have covenanted and agreed that he or she will forever refrain from instituting, maintaining, prosecuting against, and only against, H&R, Roche and ADM and their affiliates, parents, predecessors, shareholders, subsidiaries, divisions, successors, and assigns, including their past and present officers, directors, agents, employees, and legal representatives (the "Released Parties"), any claim, demand, action, cause of action or liability of any nature, whether known or unknown, which they ever had, now have, or could have pleaded against the Released Parties with respect to any and all purchases of products containing citric acid or HFCS as an Ingredient which were or could have been asserted in the Class Action which are the subject of these Agreements, or of any of the facts alleged in the Class Action, based on the Act or any other similar laws of the State of Kansas for the period July 1, 1991 through June 30, 1995. All claims and rights against any other party to these actions are specifically reserved. r/ie above Is only a summary ot these settlements and you are referred to the Settlement Agreements on file with this Court for their precise terms and conditions. IV. HOW TO STAY |N THE SETTLEMENT CLAS$ If you are a member of the Settlement Class, you need not do anything and the class representative and the attorneys for the Class will represent your rights in the Settlements. .You will receive the benefits of the Settlements, if they are finally approved by the Court and neither H&R, Roche nor ADM has exercised its specified rights to withdraw from the Settlement relating 'toit." j •••'•' • •;. ; :"."•"•;;". You will not be responsible for fees and costs in connection with the Settlements. You may enter an appearance through your own counsel at your own expense. You must advise the Court of your request to this effect in writing by first class mail, postage prepaid, postmarked no later than August 15, 2006, to Cline Boone at the address set forth in VII below. V. HOW TO BE EXCLUDED FROM THE SETTLEMENT CLASS You may be excluded from the Settlement Class only upon specific written notice, mailed by first class mail, postage prepaid, on or before August 15, 2006, to Cline Boone at the address set forth in VII below. The request for exclusion must clearly state your name and address and that you wish to be excluded from the Settlement Class. You need not state your reason. If you elect to exclude yourself from the Settlement Class, you will not be bound by the Settlement Agreements and you will not receive the benefits, if any, of the Settlements. VI. SETTLEMENT HEARING Pursuant to Order of the Court, a .hearing will be held on September 13, at 9:00 a.m., in the District Court of Wyandotte County, Kansas, Division 3, for the purpose of determining whether the Settlement Agreements are fair, adequate and reasonable and should be approved by the Court. Any class member who has not elected exclusion from the Settlement Class Is entitled to appear and be heard at said hearing. The time and date of the hearing may be continued from time-to-time without further notice. If you do not wish to object to any of the Settlement Agreements, it is not necessary to appear at the hearing. However, any member of the Settlement Class may appear at the hearing in person or by duly authorized attorneys and show cause why any Settlement Agreement should not be approved as fair, reasonable and adequate, provided that no person shall be heard in opposition to a Settlement Agreement, and no paper or brief submitted by any such person shall be received or considered by the Court unless, on or before August 15, 2006, you file a notice of intention to appear and a statement of the position to be asserted and the grounds • therefore, together with copies of any supporting papers or briefs, with the Civil Clerk/District Court of Wyandotte County, Kansas, with a copy to Cline Boone at the address below. Except as provided herein, no person shall be entitled to contest the terms and conditions of the Settlement Agreements, and persons who fail to object as provided herein shall be deemed to have waived and shall be foreclosed forever from raising any such objections. VII. ADDITIONAL INFORMATION Any questions that you have concerning the matters contained In this Notice may be directed in writing to the following counsel for the plaintiff: Cline I. Boone, Esq. Levy and Craig, A Professional Corporation 1301 Oak Street Kansas City, Missouri 64106 The pleadings and other records in this litigation may be examined and copied during regular office hours at the office of the Civil Clerk, District Court of Wyandotte County. PLEASE DO NOT TELEPHONE OR ADDRESS ANY INQUIRIES TO THE COURT. Dated: June 2,2006 BY ORDER OF THE COURT: Kathleen M. Collins, Civil Clerk District Court of Wyandotte County

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