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lovsa a place to grow Carroll Daily Times Herald Vol. 105 — No. 149 Return Postage Guaranteed Carroll, Iowa, Tuesday, June 25, 1974 — Ten Pages Delivered by Carrier Boy Each Evening for 80c Per Week •1 C Single I3C Copy Hearing Under Way to Set Suit Schedule Nearly 20 attorneys, most representing Iowa hospitals or Blue Cross Insurance organizations, were in District Court here Tuesday morning at a hearing to set a timetable for preliminary proceedings in a class action suit which is seeking $174 million in refunds from Blue Cross member hospitals in Iowa. The class action suit, brought by Attorneys Russell S. Wunschel of Carroll and Thomas McCullough of Sac City, was filed Oct. 11,1973, on behalf of all persons hospitalized without Blue Cross insurance in the last 10 years. The suit claims that persons without Blue Cross insurance were overcharged by the Blue Cross member hospitals in Iowa. Tuesday's hearing also dealt with whether Judge George G. Fagg, Marshalltown, will rescind a stay order he issued in the case earlier. The judge originally stopped all action in the case on the state level while the case proceeded in federal court in Cedar Rapids. The federal court has granted most things Wunschel and McCullough have asked in getting the case under way, but the federal court denied to grant certification for a class action. The class action suit with damages is on file in District Court here, and will proceed in District Court should Judge Fagg remove his stay order. The judge said he will rule on the stay order in the near future. After a decision is made on the stay order, Judge Fagg is expected to rule whether the suit is a proper class action. Judge Fagg has been assigned to hear all proceedings in the case on the state level, but told the attorneys Tuesday they could file objections to his hearing the case if they wished. The suit in the federal court stands now that the requests for damages has been deleted from the case. This stems from a recent Supreme Court ruling which said in effect that when seeking damages for multiple parties in a suit, it becomes cumbersome to compute the damages for the individuals. The class action suit accuses the Iowa Hosnital Association (IHA), two Blue Cross Plans of Iowa and 141 hospitals in the state of price fixing, conspiracy and kickbacks. The suit charges that Blue Cross patients paid about 15 per cent less than other patients for hospital services, and claims patients who didn't carry Blue Cross insurance were compelled to pay artificially high prices for their hospitalization. Virtually every hospital in Iowa is named as defendants in the suit. Among the hospitals in this area are St. Anthony Regional Hospital, Carroll; Manning General Hospital, Manning; Stewart Memorial Hospital, Lake City; Loring Hospital, Sac City; Audubon County Memorial Hospital, Audubon; Crawford County Memorial Suit, See Page 2 High Co urt Rules for Newspape rs Condominium Development — Work will begin soon on the first five units of a planned 48-unit condominium development in Carroll. The top picture shows the artist's conception of how the exterior of the one and two bedroom units will look. The bottom Harvard Award to Sr. Cyrilla Sr. Cyrilla Barr, chairman of the Viterbo College music department and a native of Carroll, has been awarded a fellowship to the Harvard University Center for Renaissance Studies in Villa I Tatti near Florence, Italy. She will be researching Renaissance hymns. She is a sister of Mrs. Harold Bayer of Carroll. Sr. Cyrilla is a graduate, of Viterbo College, received her masters degree in musicology in 1957 from the University of Wisconsin — Madison, where she first became acquainted with the laude. "I was intrigued by them then," she noted, adding that her second love is 18th Century comic opera, particularly Mozart. After receiving her Ph.D. in 1965 she returned to Viterbo and became music department head the following year. She teaches violin and music history and directs the Viterbo Chorale. She has done graduate,work at Eastman School of Music, Rochester,. N. Y., and postdoctoral work at UW-Madison. Researching the laude has taken her to such outstanding libraries as that of the University of Illinois, the Library of Congress and Newberry Library. "There were good secondary texts, but there is a point beyond which you cannot go unless you go to the source," she said. The Harvard grant will provide that opportunity. Sr. Cyrilla is described in a news story by Joan Lybarger, LaCrosse, Wis., Tribune writer, as an accomplished and dynamic woman, typical of the new breed of nun and is somewhat of a personable picture shows the layout of the entire development. The intersection in the upper left hand corner of the plan is 12th and Clark Streets. Erinvale Corporation of Carroll is the developer of the project. Condominium to Be Built in Carroll Sr. Cyrilla Ban- paradox. Deeply involved in the 20th Century, she is equally at home in the rarefied realm of medieval scholarship. The rest of the article continues as follows: Because of her interest and ability, Sr. Cyrilla will be brushing up her Italian in preparation for continuing what she describes as "13th Century detective work." Her musical sleuthing will be accomplished as recipient of a fellowship to the Harvard University Center for Renaissance Studies in Villa I Tatti, near Florence, Italy. Beginning in the fall she will spend a year furthering her previous research into a form of popular hymnody of medieval and Renaissance Italy — the "travesti menti spiritual!," sacred parodies on secular texts. "For me it's rather like going home," smiled Sr. Cyrilla, who 10 years ago interrupted doctoral studies at Catholic University of Sr. Cyrilla, See Page 2 Area Forecast Mostly fair with a slow warming trend through Wednesday. Lows Tuesday night around 60. Highs Wednesday mid 80s. Work is scheduled to begin in about one week on the first phase of a 48-unit condominium development in the northwest part of Carroll. The initial part of the project will be the construction of five units which are scheduled for completion this fall. Erinvale Corporation of Carroll, whose principal officers are David J. O'Leary and Robert Badding of Carroll, is the developer. Condominium housing has been very popular in many parts of the country, but this will be the first such construction in Carroll. Condominiums are the fastest growing segment of the housing industry in the United States today, according to O'Leary. O'Leary also explained that condominiums are apartment-type structures that are individually owned and all services such as lawn mowing, snow shoveling and outside maintenance are provided for the owners by payment of a monthly fee. He also cited three advantages of the condominium concept. There is generally a savings on utilities, many people want to live in maintenance-free housing, and the owners can build up equity by purchasing their own unit while any interest payments on the purchase price are tax deductible. O'Leary said the development will include one and two bedroom and one and two story units. He said there will be units with both single and double garages. The developers plan to sell all units, with none available for rental. The entire 48-units will be built over a period of several years. LeMars Boy Drowns in River LE MARS, Iowa (AP)-Timothy Kuiken, 11, drowned Monday night in the West Floyd River north of Le Mars. Plymouth County authorities said the boy was riding a horse when the animal stepped into a hole in the rain swollen river, pitching him into the water. Timothy was a son of Mr. and Mrs. Wilson Kuiken of rural Le Mars. WASHINGTON (AP) - A unanimous Supreme Court today declared that states cannot demand that newspapers give political candidates free space to reply to editorial attacks. The court overturned a 61- year-old Florida law imposing such a requirement. The court said the law violates the First Amendment free press guarantee. Chief Justice Warren E. Burger wrote for the court, "The choice of material to go into a newspaper, and the decisions made as to limitations on the size of the paper and content and treatment of public issues and public officials — whether fair or unfair — constitutes the exercise of editorial control and judgment." He said the government cannot interfere with a newspaper's judgment about what it publishes. In a separate case, the court ruled 5 to 4 that private individuals may sue news media for libel without proving reckless disregard for the truth, even when speaking on public issues. The court thus refused to extend to private individuals the rule it has laid down for public officials and public figures. That rule requires that public figures prove reckless disregard for the truth by the media before they can sue for libel. In the case of private individuals speaking on public issues, the court said, proof negligence is enough when seeking only actual damages. However, such individuals must prove reckless disregard for the truth by the media to sue for punitive damages, the court said. In the Florida right-to-reply case, the court said it has yet to be demonstrated how government regulations over a newspaper's judgment about what it publishes could be exercised consistent with First Amendment guarantees of a free press. The Florida law had been applied only rarely until Pat L. Tornillo, a candidate for the state legislature, invoked it in support of his demand for free space in the Miami Herald to reply to two critical editorials during his 1972 campaign. A Florida trial court rejected Tornillo's argument but the Florida Supreme Court sided with him. The state Supreme Court concluded that the statute was consistent with the First Amendment because it "is designed to add to the flow of information and ideals." Nixon Sets 3 Summit Goals WASHINGTON (AP) President Nixon left today for a Moscow--summit with a pledge to seek closer cooperation with the Soviet Union and a lessening of "the burden and threat" of nuclear weapons. In a brief statement before leaving nearby Andrews Air Force Base, Nixon listed three goals for his summit meeting with Soviet leaders: —To strengthen U.S.-Soviet ties. —To "develop areas of cooperation to displace areas of confrontation" elsewhere in the world, and — To progress toward limiting "both the burden and threat of nuclear weapons." The Moscow summit is expected to produce a partial ban on underground nuclear weapons tests and an agreement in principle to harness fast-developing nuclear technology. But Secretary of State Henry A. Kissinger told a news conference Monday that the third annual summit is unlikely to producea comprehensive treatv limiting offensive nuclear weapons. Nixon, Kissinger and a huge entourage were to stop first in Brussels so Nixon can sign a new declaration of trans-Atlantic cooperation with the North Atlantic Treaty Organization on Wednesday. Nixon said he hoped the declaration to be signed there would bring "new purpose and new direction" to the alliance. The chief executive spoke informally to a group of White House employes before making the helicopter ride to Andrews. The presidential party, including Mrs. Nixon, departed from Andrews at 8:42 a.m. In Brussels, Nixon will confer also with Italian Prime Minister Mariano Rumor, West German Chancellor Helmut Schmidt, British Prime Minister Harold Wilson and NATO officials, officials. Crops Look Lot Better 2 Funeral Home Stockholders Thomas Schapman of Carroll and Donald Masching of Breda will become stockholders in the Sharp Funeral Home as of July 1. They will join the present owners, Mr. and Mrs. F. L. Sharp of Carroll, as associates in the ownership of the corporation. The firm operates funeral homes in both Breda and Carroll. The business was established in Carroll in September of 1940 by Sharp at the corner of Eighth and Carroll streets. In 1959, the old home, formerly known as the Albert Gnam property, was demolished and a new funeral home built on the same site. In March of 1966, Sharp opened the funeral home in Breda. Both Schapman and Masching were raised in the Carroll area and both graduated xfrom Kuemper High School and the University of Minnesota Department of Mortuary Science. Masching is married to the former Barbara Sharp and they are the parents of three sons. The Maschings live in Breda. Schapman is-married to the former Judy Balk of Carroll and they are the parents of two daughters. The Schapmans live in Carroll. Spared the damaging effects of flooding, high winds and hail which struck several parts of the state' 1 last week, crops in Carroll County have made an improvement after last week's warm, drying weather, County Extension Director Roland Lickteig said Tuesday. Although Lickteig said the crops did not need the 100-degree temperatures last week, he said warm weather, between 85 and 87 degrees, is the best for the crops in terms of nitrogen. He added the rain 'Friday night in the area was "ideal" for the crops. "We had too much rain in May, but things look a.lot better now than they did the first of June," the director continued. He said crops that had to be replanted are doing well. Both corn and soybean stands in the county, with exception of those which were washed out or drowned earlier, are normal, he said. Because of the rains, hay and pasture in the county are above average. Lickteig said the oats crop is also above average and is completely headed. This compares to about three-fourths of the oats crop headed throughout the state. Lickteig said both topsoil and subsoil moisture contents are adequate. Corn stands throughout Iowa range from full in the northwest section to those reduced by 15 per cent in the south-central, east-central and southeast portions, according to the Iowa Crop and Livestock Reporting Service. "Most of the soybeans are planted with only the very wet areas remaining to be planted. About 82 per cent of the crop has emerged with stands somewhat reduced by erosion and flooding," the service said of the crops throughout the state. Hail, strong winds and tornadoes produced considerable property and crop damage in several areas of the state last week, the service reported. Clover and pastures are in good to excellent condition statewide. Topsoil moisture in the state was reported 14 per cent short, 51 per cent adequate and 35 per cent surplus. Catholic Charities Eyes Branch in Carroll Because of rising demand for the services of Catholic Charities in the Carroll area, Carroll may become a branch office within this year according to James Taylor, director of Catholic Charities of the Sioux City diocese. The consistent demand for the service combined with the growing number of cases in the area and the cost and time involved in transporting caseworkers from the Ft. Dodge or Sioux City offices makes Carroll a potential branch office, Taylor said. Catholic Charities have expanded once before from their main office in Sioux City to Ft. Dodge. Incorporated in 1943, the organization's staff has grown from two members to between 25 and 30. Since Jan. 1 of this year, 51 confidential cases have been serviced in the 24-county diocese. They advised seven cases concerned with family and individual counseling, placed four children in foster homes, provided two children with group care, found institutional care for three children, counseled nine unmarried parents and prepared, placed and supervised 26 adoptions. The hours of professional services required to treat a particular case vary. A family problem may take six months of weekly one-hour sessions. Fees for counseling are $25 per hour but are not always charged, Taylor said. ''If there is early identification through schools or public health and they come to us early when they first notice a problem our success ratio is approximately 80 per cent for families. If we get them later our success is 45 to 50 per cent,'' Taylor added. The budget is supported by the Catholic church, fees and donations (Carroll United Way contributed $4000 last year). It is used for counseling and other people-oriented projects, Taylor said. Catholic Charities works with other organizations in coordinating social programs. They also lobby for state issues such as land use planning and civil rights. They prepare seminars, including revenue-sharing for social organizations and property tax for the elderly. They were instrumental in initiating the Big Brother and Parents Without Partners programs in the Ft. Dodge area. Serving people of all races, creeds and religions the Catholic Charities are not bound by the church in advising cases. "We ask persons to explore their beliefs to help them understand their problems and find solutions that fit in with their own beliefs," Taylor said. "We don't dictate values." 'Carroll' Sign Goes Up- -Staff Photo Marv Cattermole of Marv's Signs, Carroll, put the second "Carroll" sign on the new Carroll Theater Monday. The two 35-year-old signs have been converted from flashing bulbs to neon lights and back to flashing bulbs again. The newly-built theater has just been painted. It opened June?.