European Stars And Stripes (Newspaper) - May 29, 1986, Darmstadt, Hesse                                Page 4 the stars and stripes thursday. May 29,1986 Michael dearer special counsel to conduct Atef probe of Deaver Washington a a special Federal court announced tuesday that an Independent counsel will be appointed to investigate the lobbying activities of former White House Deputy chief of staff Michael k. Deaver. In a one Page order the three member Federal panel revealed that the Justice department secretly recommended to the court five Days ago that an Independent counsel be named. The court gave no Lime schedule for the appoint ment. Deaver has asked that a special counsel be named to resolve questions of whether he has Vio lated government conflict on Teresa rules in connection with his lobbying activities on behalf of the government of Canada and others. The three member panel composed of senior judges of the . Court of appeals appointed by chief Justice Warren Burger said that when an Independent counsel is named attorney general Edwin Meese can disclose publicly the contents of his report and application filed on May 22,1986." the order was issued by judges George a Mackinnon Lewis r. Morgan and Walter r. Mansfield. Justice department spokesman Terry Maitland said the report would not be issued until the inde pendent counsel is named. Deaver has faced growing criticism of his Multi million Dollar Washington consulting business and has been the subject of probes by the Justice department the office of government ethics a House Energy and Commerce subcommittee and the general accounting office the investigative Arm of Congress. The Gao said Deaver May have violated conflict of interest Laws in his tabbing on behalf of Canada on the Issue of acid rain. Before signing a $j05,000year contract to represent Canada lost year Deaver while in the while House was instrumental in creation of a special envoy Post to Deal with the Issue. The envoy Drew Lewis ended up joining with Canadian officials in recommending a five year 15 billion cleanup plan in a program that was endorsed by tie Reagan administration. The endorsement represented a reversal of president Reagan i earlier position. Caver s lobbying activities have also come under intense scrutiny on several other fronts. Among his clients Are Rockwell International which is seeking to sell the air Force additional by bombers. Deaver allegedly lobbied office of management and budget director James Miller Iii on that Issue earlier this year. Deaver also represents the South korean govern ment where a big steelmaker it engaged in a Trade Case involving alleged violations of american import restrictions. Defense co refractors immune cur says Richmond. A. A a Federal appeals court wednesday overturned awards a the families of four men killed in military air crashes ruling thai defense contractors in the cases had immunity Tram liability. The military contractor is rot in the position of the manufacturer of consumer goods a three judge panel of the 4lh . Circuit court of Appeal said in reversing a judgment of s3.6 million in a Maryland helicopter crash. The court also overturned a 1725,000 award in a Heli copter crash off the Virginia coast and a 5450,000 judgment in the crash of a Navy reconnaissance Jet off the California coast. In Ali three cases he appeals court accepted the de sense that suppliers of military equipment Are immune from liability in cases where the United. Stales also is immune and the equipment in question conforms to government established specifications. In the three cases before the court the widow and two daughters of Navy it. I nil Ellot Tozer were awarded j450.000 by a Baltimore Feder Al jury in a suit against Ltd corp. Tozer was killed in the 1980 crash of his Rf-8g off the California coast where he was flying from the Carrier Kitty Hawk the widows and children of Douglas Dowd and Rob Ert Ellis were awarded s3.6 million by another Baltimore Federal jury in a suit against text Ron inc. The servicemen were killed in the 1981 crash of a Bell helicopter during a flight instruction session at Patoux Cal River my. The parents and titters of David Beyle were awarded �725,000 by a is. District court jury in Richmond to a suit against United techno logic corp. Boyle drowned in 1983 when his Marine Sikorsky helicopter crashed in the Atlantic off Virginia Beach. Three other servicemen aboard were rescued. The three judgments were overturned in separate nil Ings but All three cases were heard by Lac same panel of judges the court found fault with the awards at least partly on constitutional grounds. The government contractor defense As applied to Mili tary contractors advances the separation of Powers and safeguards the process of military procurement the court said in the Tozer Case. ,. .,-.-. The decision said there Are some judgments that laymen Are neither empowered nor suited to make. There is a danger in transporting the Rubric of tort Law and products liability to a military Selling and military technology the court said. While jurors May possess familiarity and experience with consumer products it would be the rare juror or judge who has been in the cockpit of a Navy Rf-8g off the deck of a Carrier on a Low level High Speed Fly by Man Euver. Difficult choices Trade offs and compromises inhere in military planning dint simply find no analogue in civil Ian  Union files lawsuit to Haf drug testing of customs workers Washington a a Federal employees Union wednesday filed suit in . District court Here in an attempt to halt the testing of customs service workers Lor the use of illegal drugs. Robert Tobias president of the National Treasury employees Union which represents customs employees said the testing constitutes an unwarranted invasion of Priva  said the drug screening program also violates the constitutional rights of employees. In a government memorandum dated March 13, Cus Toms commissioner William von Raab said he planned to Start a drug screening plan in two phases. Under the first part new applicant for work and cur rent employees applying for advancement or other positions would be required to undergo urinalysis to screen for illegal substances before being Given the Job. After that the program would be expanded to include the random testing of current employees. The commissioner said the employees would be tested for marijuana amphetamines cocaine heroin morphine and pc. Von Raab s scheme is Lunancy Tobias said in announcing the suit at a news conference. The cry of outrage is coming from Border to Border and coast to coast he said. Tobias said von Raab is toying with the careers of thousands of customs employees dedicated Public serv ants who Are the sentinels of our Borders ports and International airports Jim Mahan customs service spokesman said we will not comment on anything that is in  Mahan did say the initial testing began on May 16 with some of the senior executives and they All prove neg ative.". The Union is the exclusive bargaining representative of about 120,000 Federal employees including Over 4,000 employees of inc customs service. The customs service has a total of about 14,000 employees. Tobias said the constitutional rights that Are violated include protections against unreasonable searches and Sei zures by the government and against deprivation of prop erty and Liberty without due process of Law Sperry corp. Oks $4.44 billion offer from Burroughs to set up merger. Detroit a Sperry corp. Directors accepted a $4.44 billion Purchase offer from Burroughs corp. On tuesday Clearing the Way for a merger of the two Compa Nies that would create the nation s second largest computer manufacturer. The Sperry Board acted to accept the offer hours after Burroughs said it was willing to pay 176.50 for each of Sperry s 58 million shares and ended weeks of Man Uever ing that saw the Price Rise from Burroughs initial offer of j70 per share. Burroughs offered Cash for 31 million shares and debts for the remaining Sperry shares. Sperry would not elaborate on its Brief statement. Burroughs initial offer of 14.06 billion for new York based Sperry was later raised in negotiations Between the companies to $73 per share a proposal that prompted Sperry to break off talks because the Price had not moved North of j7s." the next step is for them to Iron out the details and then sign documents said Burroughs spokeswoman Jea Nytle Lehr Nan adding that the process could take several Days. Burroughs chairman w. Michael Blumenthal in pro posing to merge with the larger company said he was trying to create a Strong competitor to International Busi Ness machines corp., the world s largest computer manufacturer. Combined Burroughs and Sperry s 110.73 billion in 1985 sales would replace digital equipment corp. As the nation s second largest computer manufacturer. Ism last year had sales of s50.06 billion. A merged Burroughs and Sperry would Bare it s30 billion installed computer base and would be a major sup plier of defense related systems according to figures provided by Burroughs. Its spending for research and development would exceed s700 million. The companies Large computers Are incompatible in internal design meaning a program written Tor Sperry computer Likely will not run on a Burroughs computer us vice versa. Burroughs has said no attempt would be made to com Bine the companies lines of computer. Smith s murder trial postponed los Angeles a Cathy Evelyn Smith s trial on charges of murdering comedian John Belushi Wai poll Pond wednesday for two weeks. We want to determine which Way we re going to i1 defense lawyer Howard Weitzman told Superior court judge David Horowitz in requesting the delay. Wait inn refused to comment a reports thai a Plet bargain is in the works again