The Daily Journal from Fergus Falls, Minnesota on April 29, 1976 · Page 2
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The Daily Journal from Fergus Falls, Minnesota · Page 2

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Fergus Falls, Minnesota
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Thursday, April 29, 1976
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Page 2
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Personal claims options still open Editor's Note: You've complained to the manager, written to the company president and called your local consumer affairs office and you're still left with a damaged product or an appliance that doesn't Uvrk. You still have some options left. • By LOUISE COOK Associated Press Writer An increasing number of Americans who can't get satisfaction despite the growth in complaint agencies are taking their grievances to courts and arbitration boards. The most popular legal step is to fight it out in small claims court, with alternatives including class action lawsuits and arbitration boards set up by the Better Business Bureaus. The atmosphere in small claims court is much more informal than in regular court. You usually don't need a lawyer (some states even ban attorneys). And it won't cost much. Small claims courts are designed for those cases where it simply wouldn't pay to get a lawyer and invest a lot of time; the costs would be more than the damages involved. Rules for small claims courts vary from state to state. The filing fee is relatively small - generally between }10 and $50 — and the amount of damages you can recover runs from a couple hundred to a couple thousand dollars. "It is a poor man's court," said County Court Judge Thomas O'Connell of Dade County, Fla. O'Connell's duties include hearing small claims or summary procedure cases as they are called in Florida. John Nelson, clerk of the civil division of the court — the part in which O'Connell works — reported 24,329 small claims cases were filed in 1975, compared to 20,904 More Spendable Income from Tax-Exempt Municipal Bonds! K yow-r* w » 30% bmkit ' or tinker, our free booklet could be fnuncTilly rmpcrUnl lo you. Call (612) 333-3475 •r w/ii. to »J*»i below " 1 ALLISON- WILLIAMS COMPANY 1«S Northwtiltrn l«ik BuiWlo M>a<lpolH. MnnttoU SS40J in 1974 and 18.-163 in 1973. Why the increase? No one is sure. Nelson said a 1973 change in the law transferring some cases to small c laims cour I that previously had been heard elsewhere might be part of the reason, although that would not account for the increase from 1974 to 1975. "Or," he said, "it might be the economy." The theory that people are more likely to go to court in hard times is supported by figures for the first part of this year when t'.ie recession had eased. Nelson said 3,443 small claims cases were heard in January' and February this year, compared to 3,638 in the same period of 1975. If you need legal advice during the case, you probably can get it from the court itself. O'Connell heard nine cases in a recent morning. They ranged from an argument over a broken windshield to a case involving a used car loan. (The annual interest rate on the loan, clearly stated in the contract, was 27.1 per cent. "Usurious," O'Connell said. "They didn't get a chance to open their mouth because they didn't have to. All 1 had to do was look at the contract.") Small claims courts, of course, serve businesses as well as consumers. Landlords lake tenants to small claims court. Finance companies try to collect on debts. In Dade County, O'Connell said, most of the cases involve companies suing individuals. The class action lawsuit is more complicated and involves an attorney. Robe rt Sable of the National Consumer uaw Center in Boston said the dass action is used when so many people have the same grievance that one big suit is more practical than individual cases. Several basic legal tests.de- termine whether a class action suit is practical, Sable said. The issue has to present "pretty much the same fact pattern, pretty much the same law pattern, the same violations." If you buy a television set and the picture tube is cracked, you probably don't have a class action case, Sable said. On the other hand, "if a company advertises a special and you get there and they don't have it... everybody who read that ad would be affected." A class action might be possible. Sable said the class action suit "is a very valid and important remedy for consumers" Association committee on the issue, said: "Those who are opposed claim that class action suits have been used as blackmail." Corporations offer settlements, even where claims are unjustified, simply in order to avoid a lawsuit and the possibility of large damage awards. Restrictions on class action suits vary in state and federal courts. The U.S. Supreme Court dealt a blow to federal class action suits when it ruled in 1974 that the plaintiff in a case involving monetary damages has to pay the cost of individually notifying all potential members of the class. This group could include everyone who shopped at a particular store during a particular period or all the stockholders of a given company and the cost might run into hundreds of thousands of dollars. The ruling involved Morton Eisen of New York, who sued on behalf of himself and other people who bought shares on the New York Stock Exchange in less than 100-share lots. He claimed broker fees for such purchases were excessive, and said that while his own overcharge was only $70, the excess to all odd-lot buyers—some six million of them — was about JIM ^ million. If Eisen had wanted to continue his suit, he would have had to individually notify all six million buyers. Another major class action involved five drug companies accused of overpricing the drug tetracyclene from 1954 to 1966. The firms settled the suit in 1974, agreeing to pay 114 million to state agencies and f25 million to up to a million individuals in six states. Related lawsuits are still pending. An individual with an unsettled dispute that he or she doesn't want to take to court can use the Better Business Bureaus system of arbitration, established with three pilot projects in 1971 and now including about 100 arbitration programs in major metropolitan areas. Almost 15,000 businesses have agreed to participate. The service is free. Consumer -and business agree to accept the results as legal and binding. The bureau suggests arbitration if earlier attempts at resolving a dispute are unsuccessful "It's a very simple process," said Jesse Bogan of the Nation- clams" to arguments over home construction. The Rochester bureau has a pool of 77 volunteers - "a marvelous cross-section of the community" — Mrs. Nicholls said. There is one arbiter who speaks Turkish; another is a rabbi; still others are housewives, businessmen and college professors. Most calls to the Better Business Bureau in Rochester — up to 600 a day — don't wind up in arbitration. Sometimes they can be settled with a call to the company involved or by mediation. Other cases simply take a little tact. Like the one involving a woman who called just after Mrs. Nicholls arrived at the bureau. "She wanted roe personally to come and remove a bird's nest from over the door of a supermarket. I explained that she should call the humane society. She wanted me to call. 1 finally gave the society her number and a coupie days later, when 1 was in the neighborhood, I looked and there were no birds flying around." Case closed. Dynamite removed MINNEAPOLIS (AP) About 200 persons were evacuated from houses and apartment buildings in a two-block radius of south Minneapolis Wednesday while dynamite was removed from a garage. A police spokesman said an unspecified amount of the explosive was removed from a refrigerator in the garage without incident. He said Burnsville police investigating a robbery had received a tip that the dynamite was in the garage. Authorities reportedly were seeking two persons believed to be the owners of the dynamite. Prairie, lies Mrs. Lydia Steinke, 89, Parkers Prairie, died early this morning at the farm home of her daughter, rural Parkers Prairie. The funeral is tentatively set for Saturday afternoon at St. Paul's Lutheran Church of West Miltona, with the Rev. Karl P. Lassanske officiating, and burial in the church cemetery. The LaMere Funeral Home of Parkers Prairie is in charge of arrangements. Lewis Nerfty, 62, rites M Satirty Lewis Nordby, Elbow Lake, United Lutheran Church, Elbow Lake, with the Rev. Allen Hagstrom officiating. Burial will be in Union Cemetery. Mr. Nordby was bom Dec. 5, 1913, in Grant County, a son of Amund and Johanna Nordby. On Nov. 6, 1936, he married Leona Fabian, making their home on a farm in Elbow Lake Township. He was a member of United Lutheran Church, serving as a board member for several years. Surviving are his wife; one daughter, Mrs. Dennis (Joan) Preston of Bemidji; two sons, Richard of Wayzata, and Ronald of Willmar; seven grandchildren; four sisters, Mrs. Melvin (Clara) Nohre and Mrs. LeRoy (Florence) Larson, both of Elbow Lake;' Mrs. Jennie Bredahl of Pelican Rapids, and Mrs. Lorenz (Mable) Rosin of Howard Lake; three brothers, Edwin and Arnold, both of Morris, and Clifford of Elbow Lake. Friends may call at the Erickson Funeral Home, Elbow Lake. Fire deaths are reported ROCHESTER, Minn, (AP)A mother and her infant son died as fire broke out at their home early today. The blaze at the Richard Olson home took the life of Mrs. Olson and the couple's 10-week- old son Kevin. Olson escaped injury. Authorities said a passerby noticed flames coming from the Olson house about 4 a.m. By the time firemen arrived the house was consumed in flames. The child was still alive when taken from his crib, but he died a short time later at St. Mary's Hospital. Mrs. Olson's body was found in a bedroom, where she apparently died of smoke inhalation. Authorities said Debra Olson, 21, was dead at the scene while the baby died about 90 minutes after being admitted to St. Marys Hospital, where her father is employed as an orderly. Officials said Olson, 22, fell asleep in the living room and awoke to find the home full of smoke. He fled through the front door, went outside and broke a bedroom window but was unable to rescue his wife and baby because the smoke and flames were too intense, authorities said. Caroline has checkup BOSTON (AP) - Caroline Kennedy has been admitted to New EnglandBaptist Hospital here for what a family spokesman described as a routine physical checkup. The 18-year-old daughter of the late President John F. Kennedy was accompanied by her mother, Jacqueline Onassis. FefjlS fills (Ml.) hltnl Thurs., April 29,1976 2 CROSSWORD PUZZLE 26. Argwii nanaa ass ana asm 1. Idle ti'k A.StimaUH ' 8. Direttri ll.Candffiwt 12. Kjxdotrcth 13. We Hfcbwelurc 16. Pont cf vit» 18. Walked • 19. Gaped 20. Prophet 27.0i5ta 28. East trd-an Win 29.lsrlKi 31.DiS3<Cfl 33. Knot in *ox( H.Drbrxe 35.Cmj3« 37.Cotti'ner 18.0etmu.ie «.ftspiriled oaa aaaaa UlsiS H3EI QQH SOLUTION OF YESTfSDSY'S PUZZCE 21.Slxwcon<eii{it 41. Btf«( tag 22.Playoiw3cdi 42. UMe cwU'r.ei DCft 4 - pun « Urte 6.»M«j 2. Nan-proles?:oflal 7. Ecstasy Edward Marphy finral Friday al Council of Better Bureaus in because individual complaint -.Washington. Both sides "select usually do hot involve'large "a neutral third party from a sums'of money. The cost of a lawsuit would be more than any damages recovered. "The main purpose of a class action suit is not really redress to the consumer," Sable added. "But it forces illegitimate dealers and lenders to comply with the law. It is one of the most effective private enforcement remedies." Sheldon V. Burman, a New York attorney, described dass action suits as a means to "give the tittle guy a forum." There are arguments against dass action suits, however. Seth Rosner of New York, a member of an American Bar pool of volunteers'' recruited by local bureaus and trained in arbitration procedures. It takes a maximum of 45 days from the time the two parties agree to arbitration until a decision is reached, Bogan said. Since 1971, some 2,500 cases have gone to arbitration. About 40 per cent of the decisions are in favor of the individual; 40 per cent in favor of business; and 20 per cent are mixed, Bogan said. Florence Nicholls of the Better Business Bureau in Rochester, N.Y., said arbitration cases range from "a man claiming he was shortweighted five dozen NORTHWEST SILO AND STORAGE SYSTEMS "Specialist in Concrete Storage Structures" "NEW DEALER FOR THIS AREA" CHOICE OF SIX STORAGE STRUCTURES Designed For Your Farming Operation t' PROFIT CHNTER SOLID CONCRETE OXYGEN CONTROLLED BOTTOM UNLOADING Slurry Center ABOVE GROUND LIQUID MANURE STORAGE SYSTEMS • Stm King I Haulage-Corn Silage Stto • Stave King II High Moisture Sealed Silo 9 Mono Crete-So/id Concrete Silo • Profit Center-Solid Concrete Oxygen Controlled Silo • Slurry Conter-Abora Ground Solid Concrett Manure Storage • Silo Repair On Existing Silos DEPENDABLE FEEDING SYSTEMS Complete Manure and Feed Handling Equip. Installationand Cement Work Funkhouser Equipment Sales and Service Dalton, Minnesota Phone 218.5W.814J —Don Funkhouser ByJaySharbult NEW VOHK (AP) - "The time I ha ve left on the topside of this earth, I'm going to live it the best and happiest 1 know how." The words ot a dying man, the Rev. Bryant, X, the black pastor of a Baptist church. "I prayed that the chemotherapy wouldn't work." The tearful, frustrated words of Harriet, whose husband, Bill is slowly dying. They have two sons, aged 8 and 10. "Oh, feel the air! Know it." The joyous words of Sally, 46, as two ambulance attendants carry her outdoors to the sunshine. She's leaving the hospital for the last time, going home for the last time. The Rev. Bryant, Bill and Sally died last year, all victims of cancer. But their insights and those of their families into the process of dying have been captured in an extraordinary documentary called "Dying." Produced by WGBH in Boston and filmed over a two-year period by producer-director Michael Roemer, this program is scheduled for national broadcast on public TV tonight. We urge you to watch it. Despite the grimness of "Dying," the treatment of the theme is unusually sensitive and compelling. It provides considerable reason for us to take another look at our own attitudes toward dying and death. The show starts slowly with a young widow, identified only as Sandy, recounting her feelings when she learned her 23-year- old husband, Mark, a graduate student, had cancer and only five months to live, at most She says she was pregnant at the time. But the knowledge he had at least five months left, she adds, "was like a gift to me. We might see our second child born and maybe see the spring together." Then, after Maynard Mack, a Yale professor and consultant on the show, explains its original premise and bow it evolved into its final form, the documentary focuses on the lives of its three main subjects. In examining the last months of the three Boston-area cancer victims studied in this 97-minute program, Roemer uses no narration and provides no information other than that supplied by those being filmed, phis the dates of his subjects' deaths. Sally, her shaved head showing an ugly, fist-sized depression where surgeons tried to remove her brain canceTj is a portrait in warm courage and Yankee stoicism, even though at the start she recalls: "Before I was sick, I was such a big, healthy redhead ... just having a wonderful time. And then — down, down, down." Harriet, whose dying ****' Auction Directory SATURDAY, MAY 1 - JOE 4 BETTY NEUDECK, South side of Little Pine Lake. 12:30 pjn. Ray & Jerry Barthel, Auctioneers (Household Goods) SATURDAY, MAY 1 - ADOLPH & MONICA SHEBECK, 3\i miles South on Highway 81 and 1 V, miles West of Wahpeton. 10 a.m. Mike Stern, Auctioneer. (Machinery, Antiques, Furniture, SATURDAY, MAY 1 - BERT 4 LORRAINE HOLDT 4 ROZE GLEESING, 12:30 p.m., 3 miles north of Clitherall, Warren E. Beckman, Auctioneer (Household, Antiques) TUESDAY, MAY 4 - WALFRED AND EVELYN LARSON, 5 miles south of Rothsay, 10 a.m., Dean Silierud and Warren Beckman, Auctioneers (Farm Machinery, Antiques) FRIDAY, MAY 7, - NORMAN HODNEFffiLD, 7 miles northwest of Battle Lake, 1:30p.m., Warren E. Beckman, Auctioneer. SATURDAY, MAY 8-JENSEN REALTY, South Vine St., Fergus Falls, in back of Service Food, 10:30 am, WanenE. Beckman, Auctioneer. husband wears a hairpiece to cover scars Jeft by an unsuccessful operation, is a study in torment, a woman who wants, his suffering ended now, wants a chance to start anew, remarry, live a normal life with her sons. The Rev. Mr. Bryant emerges as a cheerful, gutsy, dignified testament to faith. ToM by his doctor he's doomed, he nods and softly says: "It's all right. We're goin' forward. Ain'ta thing in the world a man can do in a case like that except put his trust in God..." The funeral for Edward Murphy, llSfe W. Lincoln, will be held on Friday at 11 a.m. at the Nilson Funeral Chapel of Ashby, with the Rev. Marvin Moll officiating, and burial in Christina Lake Lutheran Church Cemetery. Mr. Murphy diedalLakeRegksiHospitalon SATURDAY, MAY 8 - CLARENCE T. OLSON, Evansville April 27 at the age of 79. Minn., 1:00 pm., Ray-Torgerson and Al Roers, auctioneers T^nto of°0tt£ Sil Colirt <Farm and Garage EqU ' P " Household ' Antiques). on"jan 25 18S7, the son of SATURDAY,MAY8-MRS.MARYVA.NMETER&MR.&MRS. Henry and Louise Murphy. He MILTON HOVLAND, 125 West Bancroft, Fergus Falls, 1 p.m., Leo served in the Army during Kugler & Emery Otnes, Auctioneers (Household, Antiques) World War I, and also during SATURDAY, MAY 15-OSCAR MOEN ESTATE, 5 miles south of World War'iIL • , . Henning, 1 p.m., AlJedu'cki, Auctioneer (Antiques, Machinery, Mr.. Murphy.lived in many Misc.) different areas making his SATURDAY, MAY 15 -EDWARD & ELEANOR BERINC-ER 549 home m the Fergus Falls 6 th Avenue S.E., Perham, Minn. 12 Noon, Walter Berend Auctioneer (Household, Misc.). SATURDAY, MAY 22 - LYNN & JANE HAAGENSON, MATTHEW & MURIEL JOHN, 4tt miles northeast of Erhard, 12 noon, Dean Silierud, Auctioneer (Household & Antiques) SATURDAY, MAY 22 - ROGER St ALICE GABBERT, 5 miles north of Ashby, 10 a.m., Al Jedlkki & Boyd Michael, Auctioneers (Dairy Cattle, Dairy Equip., Machinery) community for the past ten years. Surviving are three sisters, Mrs. Reuben Kronberg, Evansville; Mrs. Francis Bistodeau, Anoka, and Mrs. 0. W. (Lillian) Berg, North Fort Meyers, Fla. Visitation today and this evening at the funeral home. -****- TELEVISION SCHEDULES KXJB Ol. 4 WDAY Ch. 6 Thursday Night 6:30'Jeffersons 7-.00 The Waltons 7:30 Waltons 8:00 Hawaii W) 8:30 Hawaii 54 9:00 Barnaby Jones 9:30 Barnaby Jones 10:00 Eyewitness News 10:30 CBS Movie 11:00 "The Last 11:30 Escape" 12:00 Final Edition Friday 7-.00 Morning News 7:30 Morning News 8:00 Captain Kangaroo 8:30 Captain Kangaroo 9:00 Price is Right 9:30 Price is Right 10:00 Panorama 10:30 Love of Life 11:00 Young 4 Restless 11:00 Fun Factory 11:30 Search for Tomorr 11:30 Take My Advice 12:00 Eyewitness News 12:00 Noonday 12:30 As the 1:00 World Turns 1:30 Guiding Ught 2:00 All in Family 2:30 Match Game 3:00 TeU the Truth 3:30 Mike Douglas Thursday Night 6:30 Candid Camera 7:00 Mac Davis 7:30 Mac Davis 8:00 Thursday Night 8:30 Movie 9:00 "Law of 9:30 the Land" 10:00 News-wthr-spts 10:30 Tonight Show 11:00 Tonight Show 11:30 Tonight Show 12:00 Tomorrow Friday 7:00 Today Show 7:30 Today Show 8:00 Today Show 8:30 Today Show 9:00 Celebrity Sweep. 9:30 High Rollers 10:00 Wheel of Fortune KCMT Ch. 7 Thursday Night 6:30 Hee Haw 7:00 Hee Haw 7:30 Laveme 4 Shirley 3:00 Thursday Night 8:30 Movie 9:00 "Law of 9:30 the land" 10:00 10 PM Report 10:30 Tonight Show 11:00 Tonight Show 11:30 Tonight Show 12:00 Tomorrow Friday 7:00 Today Show 7:30 Today Show 8:00 Today Show 8:30 Today Show 9:00 Celebrity Sweep. 9:30 High Rollers 10:00 Wheel of Fortune KTHI Ch. ll Thursday Night 6:30 Make a Deal 7:00 Welcome, Kotter 7:30 Barney Miller 8:00 Streets of 8:30 San Francisco 9:00 Harry 0. 9:30 Harry ?. . 10:00 Action News 10:30 Ironside 11:00 Ironside 11:30 Dragnet 12:00 Cameo Theatre Friday 7:00 Cartoons 7:30 Good 8:00 Morning 8:30 America 9:00 \1ovie 9:30 "The Caddy" 10:00 Movie KFME Ch. 13 Thursday Night 6:30 Success 7:00 Mark of Jazz 7:30 lowell Thomas 8:00 Dying 8:30 Dying 9:00 Dying 9:30 Dying 10:00 ABC News 10:30 Yard S: Garden 11:GO Sign Off Friday 10:30 Hollywood Square? 10:30 Hollywood Squares m^ M 0 vi e 10:00 "Electric Co. 4:00 Mike Douglas 4:30 Mike Douglas 5:00 Beverly Hillbillies 5:30 CBS News 6:00 Eyewitness New: Friday Night 6:30 TEA 7:00 "Sara" 7:30 "Sara" 8:00 "Stranded" 8:30 "Stranded" 9:00 NBA 3:30 Playoff 10:00 Playoff 10:30 Playoff 11:30 Eyewitness News 11:30 Late Movie 12:00 "Earth II" 12:30 Days of 1:00 Our Lives 1:30 Doctors 2:00 Another World 2:30 Another World 3:00 Party Line 3:30 Party Line 4:00 Somerset 4:30 Bewitched 5:00 Hogan's Heros 5:30 NBC News 6:00 News-wthr-spts. Friday Night 6:330 Lawrence Welk 7:30 Lawrence Welk 7:30 The Practice 8:00 Rockford Files 8:30 Rockford Files 9:00 Police Story 9:30 Police Story 10:00 News-wthr-spts 10:30 Tonight Show 11:00 Tonight Show 11:30 Tonight Show 12:00 Midnieht Soecial 11 :OOFurr Factory 11:30 Take My Advice 12:00 Farm Today 12:30 Days of 1:00 Our Lives 1:30 Doctors 2:00 Another World 2:30 Another World 3:00 Somerset 3:30 Welcome Inn 4:00 Super Friends 4:30 Uncle Croc 5:00 Make a Deal 5:30 NBC News 6:00 6 PM Report Friday Night" " 6:30 Lawrence Weft ?:00 Lawrence Welk 7:30 The Practice 8:00 Muhammed All 8:30 vs. Jimmy Young 9:00 Heavyweight 9:30 Championship 10:00 Boxing 10:30 News-wthr-spts 11:00 Tonight Show 11:30 Tonight Show 12:00 Midnight Special 11:00 Make a Deal 11:30 All My Children 12:00 Dialing Dollars 12:30 Rhyme 4 Reason 1:00 J20.000 Pyramid 1:30 Break the Bank 2:00 General Hospital 2:30 One Life toLive 3:00 Lassie 3:30 Flintstones 4:00 Gilligan 4:30 Happy Days 5:00 ABC News 5:30 Lucy Show 6:00 Brady Bunch Friday Night 6:30 Action News 7:00 Donny 4 Marie 7:30 Donny 4 Marie 8:00 Muhammed Ali 8:30 vs. Jimmy Young 9:00 Heavyweight 9:30 Championship 10:00 Boxing 10:30 Artion News 11:00 Kentucky 11:30 Derby 12:00 Mystery Movie 11:30 Sesame Street 3:30 Lilias, Yoga 4 Yen 4:00 Misterogers 4:30 Sesame Street ' 5:30 Electric Co. 6:00 Aviation Weather Friday Night 6:30 Evening Edition 7:00 Washington Wk. 7:30 Wall ttreet Week 8:00 BooVbeat 8:30TBA 9:00 Old Movie 9:30 "Halleluha, 10:00 I'm a Tramp" 10:30 Success 11-.00 Sign Off GAS HEATS WATER TWICE AS FAST ADD ONE TO YOUR MONTHLY GAS BILL G«AT PIAWS NATUMl CAS CO. OEastLn " n Fergus Falls

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