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Publication: European Stars and Stripes Tuesday, October 7, 1986

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   European Stars And Stripes (Newspaper) - October 7, 1986, Darmstadt, Hesse                                A Page 4 the stars and stripes tuesday october 7,1986 High court opens under Rehnquist Patent infringement ruling against Kodak stands Washington a the supreme court Wilh William h. Rehnquist silting in the Center chair of leadership and Justice Amon in Scalia taking his place at the Bench began its 1985-87 Terra Mondej. The newly constituted court began with its traditional flurry of activity issuing orders in some 1,000 cases on its tint Day Buck from a three month sum Mer recess. Rehnquist appointed chief Justice by president Reagan presided and Scalia a Reagan appointee and newest member of the court occupied the chair farthest to the right As one faces the mahogany Bench. Warren e. Burger has retired after 17 years As chief Justice the longest ensure in the Job this Cen Tury but his departure and Scalia s arrival arc not expected 10 lip the court s ideological balance on most issues. In action monday the court let stand a ruling that Kodak infringed on patents held by Polaroid in a Case that forced Kodak out of the multimillion Dollar inseam photography Busi Ness. The decision leaves intact an april 1986 ruling by the . Court of appeals for the Federal circuit which handles such cases As Patent infringement. The appeals court upheld lower court rulings that Kodak infringed on patents held by Polaroid that Are necessary in producing instant film and cameras and ordered Kodak to Stop. As a result of the rulings the 105-year-old Roches Ter n. A company was forced out of the instant photography business thai brought in according to analysts j100 million a year. The company had reportedly sold about 11,4 billion in instant cameras and film since 1976, and Kodak which had sales of$10.6 billion in 1984, had an estimated 16 million instant photography customers. Allowed thousands of schools to join together Ina suit against makers of Asbestos setting the stage for one of the biggest product liability trials in history. The justices without comment refused to hear Ana peal by the celotes corp., National Gypsum co. And other Asbestos makers of a lower court ruling supreme court Roundup certifying a nationwide class of plaintiffs seeking compensatory damages. Materials containing Asbestos were used in schools As a fire retard and and As acoustical insulation until dec. 31, 1978, when they were determined to be a health Hazard to teachers and children. Since that time some 31,000 Public and private schools have discovered Asbestos fibres in their ceilings Walls uric posed foundation structures and pipes and boil ers. Ruled against four North Dakota couples who wanted to teach their school aged children Al Home. The justices without comment let stand the Cou Ples truancy convictions despite arguments that North Dakota Law violates religious Freedom by Al lowing Home teaching by certified teachers Only. The four couples who challenged the state Law Are Tom and Peggy Patzer and Raymond and Lorita Larsen seventh Day adventists who live in Jamestown . Richard and Kathy Reimche members of a lutheran Brethren Church and Resi dents of Bottineau county .. And Gerald and Sheryl Lund seventh Day adventists who live in Bott eau county agreed to consider the rights of ethnic and religious minorities to file racial discrimination suits. Sent to rial a lawsuit against the government designed to Force the irs to end the tax exempt status of inc roman Catholic Church because or its political activity. The court refused to hear an Appeal by inc government of a 2nd . Circuit court of appeals decision that cleared the Way fora irial. Said it will review a 125-year-old precedent and decide if courts can Force a governor to extradite a fugitive. The Case stems from puerto Rico s five year Pursuit of an Iowa Man accused of murder. Refused for the fourth time to Clear the name of or. Jeffrey Macdonald a former Green Beret rejecting arguments that he was denied a fair trial when he was convicted of the brutal 1970 murder of his wife and two daughters. Ruled that Texas school districts May not ban teachers from discussing or participating in Union business during school hours. Agreed to decide if political and religious groups have a first amendment right to distribute literature inside Airport terminals. The justices will hear arguments this term from inc los Angeles Board of Airport commissioners which is appealing a lower court ruling that said Central terminal areas in government owned airports Are Public forums much like Parks and sidewalks. Army of single Parent enlistment ban upheld Washington a the supreme court monday left intact military regulations that exclude from enlistment single parents with custody of Chil Dren under is. The court without comment turned away arguments that the challenged army and air Force regu lations wrongly interfere with family rights and Dis Criminate against women. A Federal rial judge in Buffalo. N.y., and inc 2ndu.s. Circuit court of appeals previously upheld the regulations which had been challenged in 1976 by six women denied military enlistment. In the Appeal acted on monday lawyers for the women said the regulations carry devastating social consequences for impoverished women most of them Black with Young children. The Appeal acted on monday said the Case Centerton the Basic constitutional right to have and raise a  government lawyers replied the armed services have simply established the absence of sin Gle parenthood As one among the Many enlistment qualifications that reflect the needs of the  urging the justices to reject the Appeal govern ment lawyers said the military can property limit enlistment to persons who in ils judgment can meet ils necessarily stringent standards of readiness  the women who originally challenged the regulations Are Carlene Mack Shirley flukes. Patricia Ramsure Queen Esther Taylor Thelma Barnes and Maxine Mcneil. They later were joined in the Law suit by Trina Lewis. Also on monday the court agreed to decide whether the families of military personnel killed on duty May sue allegedly negligent civilian Federal employees who look pan in Fie military  justices granting a government Appeal said they will review a ruling that would allow such Law suits. Horton Johnson was a coast guard helicopter lawyers for the women said the regulations carry devastating social consequences Pilot in Hawaii when he died in a 1982 crash while searching for a boat lost in a storm. Johnson had requested and received radar assist Ance from Federal aviation administration air traffic controllers because of poor visibility during the storm. Johnson s widow Frieda Joyce Johnson sued Thefan air traffic controllers under the Federal tort claims act alleging that they negligently guided the helicopter. Mrs. Johnson filed the suit in  Federal iria judge threw out the suit citing a 1950 supreme court decision that ban lawsuit against the government Over injuries arising out of activity incident to military service.1 but the 11th . Circuit court of appeals in a decision Selling a Legal precedent for Florida Ala Bama and Georgia reinstated the suit. The appeals court ruled that inc 1950 supreme court decision Only bars those lawsuits thai would require scrutiny of military decisions or would com Promise the authority of military commanders. In seeking supreme court review. Justice depart ment lawyers said the 11th circuit court s ruling if left intact will greatly expand the liability of the United slates for the injuries that inevitably occur in military  argued that allowing such lawsuits could be As disruptive to the military As allowing people Lasue the government Over the alleged negligence of military  another Case involving the military the court let stand a ruling that barred a damage suit against the government by he family of an army private who died of ionic Shock syndrome after military Doc tors misdiagnosed her ailment. The court s action Lei stand a ruling by the 3rdu.s. Circuit court of appeals. Suits brought by families of dead soldiers or by injured soldiers against the government for injuries suffered while on Active duty Are barred by Federal Law and a series of supreme court decision. The ban is referred Loas the feres doctrine so named for the 1950 supreme court Case called Fern is. United Stales and includes medical malpractice cases. In this Case however the family of pfc. Stephanie Weiss argued the feres doctrine should not apply because it is difficult to conceive thai the Onset of menstruation constituted an act arising out of or in the course of activity incident to service " woman finds out former Row is alive and Well Lynn mass. A for 17 years Diane Atkin Skepi a Bracelet bearing a name and a Date of capture by the North vietnamese. Bui she never knew air for Ecol. Howard j. Hill until they met for a belated Cele bration of his Freedom. Hill was a first lieutenant when the Tail of his Phan Tom f-4 was blown off Over Hanoi by a North Viet namese Mic-27 on dec. 16, 1967. Hill ejected an parachuted into the arms of North vietnamese sol Diers. Atkins was a 22-year-old engineering technician atthe general electric co. Plant in Lynn when she contributed in 1969 to a pow Relief fund and received Bracelet bearing Hill name. She wore it for several years until those who questioned the War and her feelings about it caused her to put the Bracelet into a jewelry Box. I always thought my god i Hope be i of " said Atkins who did not know if Hill had been released or even if he was alive. Her wondering ended on May 29,when she saw Hill interviewed on Abc "20-20" pro Gnu a she said Atkins said the began running around her Bous screaming he s alive it s so wonderful Hill had been released in 1973 and ii senior adv icon pow and Mia affairs to the Secretary of Defnie. Ail uni Drolc to Hill at the Pentagon he called her an they held a real tear Jerky  she Laid. They finally met saturday in ceremonies at t Vito ans of foreign wars Post in Lynn. For 17 years i be had this Bracelet and for 17 Yean hoped and i proved and i wailed and tonight1 the night i can give this Bracelet Back said at a. Irethe most wonderful thing i be Ever been Able 10 do. Return and he noted that efforts continue to  still unaccounted for in Tad Ochida. Ii  
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