European Stars And Stripes (Newspaper) - April 28, 1987, Darmstadt, Hesse                                Page 4 the stars and stripes tuesday. April �8,1987 court rejects Washington a the supreme court Mon Day killed a lawsuit by american businesses that charges japanese electronics manufacturers with Ille Gally dumping television sets and other products in inc United states Al artificially Low  court without comment refused to revive a lawsuit filed by Zenith and National Union electriccorp., formerly known As Emerson radio co. The court s action comes at a time when Trade ten Sions Between the United states and Japan this nation s second largest trading partner Are growing. There hits been a rising chorus in Congress Tor protectionism. And the Reagan administration on april 17 slapped $300 million in punitive duties on some japanese personal computers . The administration imposing 100 percent tariffs on the japanese imports said it was retaliating for the violation of a computer Chip Trade agreement. The Case acted on monday stems from a 17-year-Oldantitrust lawsuit that the High court also reviewed in March 1986.in a 5-4 ruling then the justices spared japanese manufacturers from having to defend themselves against business conspiracy charges. The 936 ruling said the 3rd . Circuit court of appeals in Philadelphia mistakenly ordered a trial in which the american businesses sought billions of Dol Lars from their japanese competitors but the High court left it to the 3rd circuit court to decide whether there is new evidence that would War rant a  appeals court responded last december by throwing out the lawsuit against the japanese Compa Nies. We conclude. There is no evidence other than that upon which we previously relied when we concluded that there were material fact issues regarding the existence of a predatory pricing conspiracy in the american Market the appeals court said. The supreme court has already held this evidence is legally  and National Union again appealed to the supremo Conn Roundup supreme court arguing there is new evidence to Indi Cate a japanese conspiracy. Television imports from the far East account for nearly three fourth of the color sets sold in the United states. Only Zenith and Ria Are making tvs do Mesli Catly the american businesses said. The japanese competitors Low prices in the unite states coincided with expansion of their production facilities far beyond the capacity needed to serve the japanese Market which was closed to Competition from non japanese manufacturers by a system of Tariff and non Tariff barriers lawyers for the american businesses said they said the conspiracy began in 1966 and includes Sanyo electric co., Hitachi ltd., Toshiba corp.,Mitsubishi electric corp., Matsushita electric Indus trial co., Sharp corp., their trading companies . Subsidiaries Sony corp., Motorola inc. And scars Roebuck &  were dismissed As defendants in the suit the lawsuit said the japanese companies sold goo sat artificially Low prices in the United states to drive american competitors out of business. At the sometime the lawsuit alleged japanese prices for goods sold there were kept artificially High to make up foray losses suffered m the . Market the Case is Zenith is. Matsushita 86-1433.in other orders issued monday the court ruled 6-3 that Montana can retry Franklin , whose conviction on charges of incest with his stepdaughter was overturned because the Taw used inthe Case was passed after the crime. Hall had argued that a new trial on different charges stemming from the same incident would be double jeopardy. Rejected without comment an Appeal by More than 2,000 disabled military veterans who were challenging the constitutionality of the pension Benefit sys tem which requires them to give up retirement pay equal to the amount of any veterans administration benefits they receive. Rejected an Appeal by or m Urdock head creator of the Airlie foundation based near Warrenton va., who wanted to prevent the internal Revenue service from examining grand jury records that mulled in his conviction for conspiring to bribe two congressmen Only Justice Byron r. White voted to hear arguments in the Case. An appeals court ruled that the irs could examine the records. Aspin seeks Cost cuts on stealth Washington apr the Pentagon needs to increase Competition for building he stealth bomber or face Cost overruns in the highly classified program the chairman of the House armed services committee said monday rep. Los Aspin d-wis., said Cost growth is an area of con Cern for the plane known formally As the advanced technology bomber. The plane uses exotic shape Sand materials to avoid detection by enemy radar and the Northrop corp. Is the chief contractor. The Pentagon has publicly release very Little information about the program citing the need to keep i secret from potential enemies. The air Force reportedly plans10 buy 132 of the planes starting in the next decade at a total costofj36.6 Bill Ion. Aspin in a speech prepared forthe House floor said he plans to offer an amendment to the Penta gon budget Bill that would require More Competition in the stealth program. That amendment will be offered not week when the House considers a Bill authorizing the Pentagon budget for the fiscal year Starling oct. 1. Air Force maj. Randy Morder a Pentagon spokesman said the Pentagon had no immediate response to Aspin s comments. Aspin noted that the stealth bomber will join the by As the main elements in the . Nuclear triad of piloted bombers sub Marine launched missiles and and based missiles. The 6-1 has been plagued by performance problems Aspin noted but air Force plans to buy stealth bombers acted As a competitive Cap that forced Down the Price of the by. Prosecutor urges jurors to use logic not emotions As Goetz trial begins new York a Bem Harf Coel committed vicious even sadistic acts of violence by shooting four Young men on subway in 1984, and jurors in his trial should take care to heed logic rather Thani heir emotions  monday. Opening arguments in Goetz trial on charges  murder began with a blistering attack by assistant District attorney Gregory Waples on goes s allegation that he fired in self defense because he believed the youths were about to Rob him. He called Goetz a person who in Ihen ame of self defense shot four people in the  no attention to those appeals to your heart rather than your head Waples told the jury in slate supreme Camji new York s trial level  shooting dec. 22,1984, ignited a National debate on self defense and vigilantism. Waples said the Public at Large  be concerned with Nice things like the truth. They can think what they want Asfor jurors he said your raw materials in this Case will be logic and the Law and com Mon  Goetz 39, is charged with attempted murder reckless endangerment assault and illegal Possession Ofa dangerous weapon inthe shooting of Troy Canty Barry alien James rams Urand Dairell  said he shot the four a 19 at the time because he believed they were trying throb him when they surrounded him and asked for$5.Cabey has told a  the four were about to Rob goes because he looked like easy  the prosecution maintains Goelz panicked and shot with an unlicensed .3&cali Ber handgun four youths who Wen Only pan handling. Goes s lawyers counter that the threat was real and thai Gorriz badly beaten in a previous mugging realized he was in danger and did what he had to  singled out Goetz s shooting of Cabey who was paralysed from the Waist Down and suffered brain damage from a subsequent coma. Police said Goetz told them that after he shot the four youths he returned to Cabey said you Don t look Soba Here s another and fired again. He called Golz an emotionally Trou bled individual who became obsessed even if for a Brief while on dec. 22, 1984, wit the consuming desire to inflict As much pain and suffering As possible on these four Young Bernhard Goetz walks past newsmen on his Way to court monday in new York. A prom men As he possibly  jurors Are expected to hear up to 40 prosecution witnesses and about go for in defense during the trial s expected four to six  s attorney civil rights lawyer wit Ham Kunstler said Cabey probably will testify bul his menial competence is in doubt. He does t even remember who Goetz is Kunstle said. Police said the four we carrying screwdrivers at the time of the shooting. Ail Hod arrest re coins and All but Cabey Nav since been arrested. Two were imprisoned and one was sent to a drug rehabilitation enter. On Friday stale supreme court Justice Stephen Crane the trial judge refused a de sense request to dismiss or at least delay the trial. Goetz s lasers charged that the prosecution illegally withheld information favor Able to the defense from the grand jury that indicted him the defense also said it needed Lime to find crucial witnesses whose names the prov ecu or kept from them As Long w possible in january i9bs, a grand jury refuted in indict him on alternated murder Rhoner accusing him Only of illegal Apons Powch Sion. A second grand jury is empanelled and in March lvd5 it indicted Goult on the current charges. A judge later dropped in attempted murder charges hut the slate s highest coun reinstated them in july