European Stars and Stripes (Newspaper) - December 15, 1985, Darmstadt, Hesse                                Sunday december 15, 1985 the stars and stripes Page 5 suit against tobacco company dismissed amputee blamed loss of leg on smoking was seeking $5.5 i on , Tenn. A a Federal judge Friday threw out a s55 million suit against . Reynolds Tobac co co., saying a 51-year-old amputee failed to prove that the company s cigarettes were More dangerous than a consumer should expect. Plaintiff Floyd Roysdon 51, of Oncida Tenn., con tended that a lifetime of smoking Camel and Winston cigarettes caused problems with his circulatory system that led to the amputation of his left leg in 1983. . District judge Thomas g. Hull announced his summary judgment in favor of . Reynolds As the Par ties returned Friday afternoon to conclude the trial s fifth Day before a jury of six non smokers. Tobacco has been used for Over 400 years and its characteristics and qualities have been fully explored said Hull. The question in this Case is not what or. Roysdon knew or did not know about the danger of smok ing. The question is what an Ordinary consumer would be expected to  the judge said . Reynolds was entitled to a sum Mary judgment because Roysdon failed to show the jury that the defendant s product was defective and unreason ably  the judge said it was up to Roysdon s attorneys to show that there was no Way an average consumer would know the potential risks of smoking cigarettes. In order to raise such a question the plaintiff had the Burden of establishing that the product in question is dangerous loan extent beyond Hal which would be contemplated by the Ordinary consumer who purchases it with the Ordinary knowledge common to the Community As to its characteristics Hull said. Roysdon s attorney. . Lee of Knoxville said he would urge his client to Appeal. I think the Case should have gone to the jury. The Assumption of risk is a jury question he said. Lee offered testimony from doctors and health experts that Roysdon was addicted to cigarettes and that smoking caused a hardening of the arteries in his left leg. Industry analysts had said a successful suit by Roysdon could bring an onslaught of other claims against tobacco companies and tobacco stocks Rose on the new York Stock Exchange after the verdict. A similar suit is under Way in California where the survivors of a Man w to smoked arc suing . Reynolds. The company based in Vinson Salem. . Has 32 per cent of the cigarette Market. Once again it has been established that product liability in court is not the proper place to regulate the  Industry. The legislature is the place to regulate  said Robert Campbell a Knoxville attorney who represented the tobacco company. Roysdon a retired electrician and plumber said he began rolling his own cigarettes a the age of 10. Bought camels when he could afford them and switched to Winston when he became bothered by a cough. Jury selection began monday with Lee and six Reynolds attorneys asking potential jurors if they smoked or had Ever Farmed tobacco. A jury of three men and three women was agreed upon monday afternoon. Four of the panel members said they had never smoked and two were former smokers who quit at least eight years ago. What a doll Singer Dolly Parlon slops outside los Angeles courtroom to chit with reporters. Parton is being sued by Neil and Jan Goldberg for copyright infringement in bolting her song "9 to  Maneesh disciples plead guilty to arranging Sham marriages Portland. Ore. A five followers of Bhagwan so acc Rajnesh pleaded Guilly Friday to arranging up to 400 Sham marriages to help alien disciples of the guru gain . Citizenship. . District judge Edward cavy placed the five women three of whom held top positions in the  sect on probation for five years. He also ordered Foo of them to leave the United slates. In Exchange for the guilty pleas Alt in end of a 90 minute hearing the government dismissed other immigration fraud charges against the five and the  acc hcs agreed to drop two suits against the government. Pleading guilty to conspiracy to commit immigration fraud a Misdemeanour were a Prem Padma. 3fi a prom Muki i 39 Madeva Naverna 38, and a prom Arup. 40. A prom Karuna 46, pleaded guilty to making a false statement to the government by concealing a Sham marriage a felony. Karuna was once the mayor of the own of Rajnesh which recently resumed its original name of Antelope. Antelope is near . The commune City established by the guru.  is being disbanded since the departure of Rajnesh 54, to his native India. He left the country after pleading guilty nov. 14 to two immigration fraud charges. He was fined $400,000. Padma a former vice president of Rajnesh no Annyas International commune also pleaded guilty to illegal interception of wire communications. The felony charge stemmed from an elaborate wiretapping operation at the Central Ore gon commune. She was released on her own recognizance pending sentencing on that charge set for feb. 3. Cavy ordered Mukta a citizen of Ireland and Arup. A citizen of Holland to leave the United Stales within 30 Days. Arup is an administrator of Rajnesh International meditation University and her name appears on the founding documents of several Rajnesh corporations. Assistant . Attorney Robert Weaver said a Anand so cola. The guru s former personal Secretary told Karuna in july 1981 that the solution to the sects immigration problems a is to arrange Sham marriages Between alien disciples and those with . Citizenship. Karuna. Who was put in charge of arranging the marriages set up about 400 such unions Weaver said. The marriages included one Between Swami Devaraj a British citizen and rain Cash s personal doctor and a yoga Asia. In an Effort to conceal the nature of the marriage Karuna Narcena Muku and Arup coached the pair before they were interviewed by . Immigration and naturalization service agents. Weaver said. Padma testified thai she helped Sci up the 1981 marriage Between Swami Alok a German citizen and a Gulimbo an american. She also admitted taking part in a commune listening Post in which incoming and outgoing Calls were monitored in May and june 1984. I listened to conversations without the consent of other people and i knew icy were being taped she told cavy. She said she was part of a rotating schedule of disciples who monitored the phone Calls. She faces a sentence of up to five years in prison and a $250,000 Fine. The government agreed to make no recommendation on the sentence. Weaver said. The maximum possible sentences for the Misdemeanour charges were six months in jail and s500 Fine. The Rajnic Shuc lawsuits to be dismissed include one seeking a court order for the ins to Complete its consideration of citizenship applications filed by Rajnic Csecs. The other claims he government had violated disciples rights in its investigation of the commune. Two  in the 35-count immigration indictment Are so cola 35, who is in a West German jail awaiting extradition to the United Stales and a Voga Vidya 38. Sands of time in the stars and stripes 40 years ago today. Dec. 15, 1945 the army transportation corps announced that the movement of about 60,000 foreign brides of Gas to the United states would Start Early in february when the redeployment of overseas veterans not scheduled for occupational duty is completed. 30 years ago today. Dec 15 1955 the soviet Union proposed that the . Security Council drop outer Mongolia and Japan from the list of nations being considered for membership. Earlier the soviet Union and nationalist China vetoed the proposed package Deal under which is new members would have been admitted. 20 years ago today. Dec. 15, 1965 the supreme court refused to review a ban on the voluntary recital of Nursery Type prayers by slide nos in Public schools. Of years ago today. Dec 15 1975 six South moluccan terrorists aboard a hijacked dutch train surren dered and freed 24 hostages whom they had held since seizing the train 12 Days ago. Gay often phone service Cut Over possible drug sex deals Des Moines Iowa up the plug has beep pulled on the Gabiden phone service in Des Moines and Omaha neb., because it has the Pic Ilia to become a hotline for drug and sex deals a Northwestern Bell spokesman says. The Telephone company decided to drop the High tech parly line service thursday after complaints and a transcribed television tape indicated that the Gable in line in Minneapolis was being used to Complete drug deals and to solicit sexual Contact with minors. Northwestern Bell spokesman de Mattix said the company did not want to be connected with any service thai promoted Ille Gal activity although he added the activities of Gabten patrons in Minneapolis technically were not illegal. That s nol the kind of company we arc. And that s nol the kind of service we want to  he said. Mattix noted that his office had nol received complaints of improper use of the Gablen lines in pcs Moines and Omaha. The Gable in service which had been in pcs Moines for three weeks and in Omaha since january allowed up to nine people to talk in a conference Call. Access to Gable in was restricted to the metropolitan areas where it was offered. Calls were charged on local phone Bills at a rate of 25 cents for the first a to minutes and 8 cents for each additional minute. Mattix said Friday. He estimated thai 1.000 people dialled the Spidal number daily or from 7,000 to 10,000 per week respectively in Des Moines and Onuoha