European Stars And Stripes (Newspaper) - January 12, 1988, Darmstadt, Hesse                                Page 4 or the stars and strikes tuesday january 19.1988 . Held not liable in atomic tests Washington a the supreme court Mon Day refined in hold the government financially responsible Tor deaths Rind diseases allegedly caused by years of open air atomic weapon tests in Nevada. The court without comment turned away an Appelby some 1,200 people who lived downwind from the lest site or had relatives who lived in Nevada Arizona and Utah. In other action the court agreed 1o decide whether the government May be forced to pay damages when a vaccine in licenses causes the disease u was intended to prevent. And it let die some bul not All of the lawsuits tiled by Vietnam veterans against seven manufacturers of the herbicide agent Orange. The Federal government under the Aegis of the atomic Energy commission conducted Over 100 open air atomic weapon tests Between 1951 and 1962. A 1979 lawsuit riled in Utah contended that the radioactive fallout from those tests caused numerous deaths and diseases such As cancer. The suit charged that the government negligently failed to Monitor lest results and to warn about the fallout hazards. A Federal trial judge after reviewing the claims of 24 or the plaintiffs ruled that 10 of them could recover monetary damages. . District judge Bruce Jenkins said the government was liable for a negligent failure to follow the commission s Public safety guidelines. The judge said the claims of the other plaintiffs could proceed under the Federal tort claims act a Law that allows people to sue the otherwise legally in Mure Federal government. But the i oth . Circuit court of appeals reverse Jenkins ruling last april 20. The appeals court said that the atomic testing pro Gram s Public information plans could not be held Lia ble under inc Etca because it amounted to a discretionary Tinct  these plans clearly fall within the discretionary function exception to government liability the appeals court said. In a concurring opinion. Judge Monroe Mckay said while we have great sympathy for the individual can cer victims who have borne alone the costs of the secs choices their plight is a matter for  Only Congress has he constitutional Power he added to decide whether All costs of government activity will be borne by All the beneficiaries or will continue to be unfairly apportioned As in this Case. Until Congress Amend the discretionary function exception to the Etca or passes a specific Relief Bill for individual victims we have no Choice bul to leave them in  lawyers for those who sued then asked the supreme supreme court Roundup court to Rule that the discretionary function exception docs not apply to non regulatory  bul government lawyers i cd the justices to reject the Appeal. They relied heavily on a 1953 High court ruling in which the government was granted immunity for Alleg edly failing to warn Federal project workers about the dangers involved in handling a fertilizer. In he vaccine Case the justices said they Wilt hear an Appeal by the parents of a Pennsylvania boy we contracted polio after receiving a dose of Oral vaccine. The Reagan administration which supports Brood immunity Lor the government in such instances nonetheless urged the court to hear arguments in the Case to eliminate confusion among lower courts. In the agent Orange Case the court Lei stand rulings thai the manufacturers As military contractors Are immune from being sued Over the alleged health effects of the herbicide. In a separate bul related cose the court left intact rulings that dismissed a lawsuit by agent Orange Vic Tims attacking a 28-year-old Legal doctrine barring members of the armed services from suing the govern ment Over injuries suffered incident to  other cases the court agreed to decide whether communities May banal picketing or private residences. The coun said it will review rulings that such a Tan imposed by the Milwaukee suburb of Brookfield wis.,violated free speech rights. Agreed to resolve a dispute growing out of tie Federal government s helping states care for mentally retarded people under the medicaid program. The justices said they will decide which Federal courts have the authority to Settle a financing Contro Versy Between the Reagan administration and Massachusetts. Agreed to decide whether the Mother of an illegitimate child May sue the alleged father for support More than six years after the child is bom. The justices said they will judge the Validity of t in year deadline Pennsylvania used to impose for paternity lawsuits. Refused to reinstate the triple murder conviction of former Boxer Rubin Hurricane Carter and co defendant John Artis. The justices without comment let stand a ruling that the two men s convictions were unlawful because prosecutors concealed information about a tie Detector lest taken by a key witness. Said it will decide whether Federal lawyers procedurally botched a font Cpl of Cunin raw against a Rhode Island newspaper that published Fri in Lima lion about a mafia Boss. The justices will study an attack on an Appeal from a ruling that the Providence journal was justified in defying a judge s order barring publication of the Maleri refused to reinstate an award of More than 119 million to a former Sears Roebuck and co store Man Ager from Colorado who said he was fired because of his age. The coun without comment. Id stand a ruling that threw out the jury award won by Gary Rawson said to be the largest Job discrimination verdict in the nation history. Trade deficit might be Good sign Reagan says Cleveland a _ the nation s massive Trade deficit. President Cigan Sakl monday May actually be a Good sign for the Economy Ana he said he does t expect a recession unless enough people get  answering questions Afler a speech at the City club in Cleveland Reagan commented every Index is that we Are going to continue to  bul he said he becomes frightened when he reads or hears pessimistic out looks which he said could cause people to spend less. "1 f you do that you Nave a  said adding i Don t anticipate a recession unless some of those doom Erict stare the people into  earlier Reagan said in a Socach loan audience of 1,200 that the Trade deficit and huge foreign capital investments in the United states Are not necessarily a sign of an Economy s weakness and can even be desirable. Reagan said that big Trade deficit should be reduced Over time but thai the United states has a big imbalance with other countries now because our grow ing Economy enables us to buy their  the Trade deficit is one of the Factor blamed for unease on Wail Street and the nose dive in Hock prices. New Trade Rig urn Are Cip cited to be announced late this week. Reagan made no mention of the Stock Market s jitters or of a report he receive last week that blamed Black monday s Ion Point collapse on computerised trading by a handful of the nation s larg est institutional investors. Instead he painted a Rosy picture of the Economy noting that 14vi million jobs have been created during his administration and saying that new business creations Are Strong and manufacturing productivity is registering historic gains. While the influx of foreign capital and the big Trade deficit have caused concern on the markets Reagan offered a differ ent Bullook. Trade deficits and inflows of foreign capital Are not necessarily a sign of an Economy s weakness he said. Indeed he said one might argue it s a sign of strength and that up to a Point it is  loll week s report by a pane formed by Reagan and fielded by former new Jersey sen. Nicholas Brady recommended sweeping new regulations to stave Uff another Market slump. The while House has reacted rather coolly to the report much of which will have some difficulty becoming Law. The panel found thai a Small number of Large institutional investors using automatic trading pro Raf i were primarily responsible for the oct. 19  panel recommended thai one Agency preferably the Federal Reserve Board coordinate the nation s financial markets. The group also called for coordination of circuit breaker mechanisms when the Stock Market in new York and the futures Market in chicag Oget overheated. On sunday the chairman of the new York Slock Exchange John Phelan said there arc no guarantees that last octo Ber s so called Black monday won t occur again bul lie said the Brady report has raised issues that Wilt be addressed. The chairman said he hoped those who were Active in the Market oct. 19 and used the computerized trading have Learned something about not Only How to protect themselves but also their responsibilities to the Market and their responsibilities to Iso million Ameri cans who either directly or indirectly in vested in that  following the City club Exchange the president was scheduled to attend a Pri vate fund raising event for Oev Cland mayor George Voinovich who is challenging incumbent sen. Howard my Lzan Baum a Ohio. Legendary fighter Pilot Pappy Boyington Dies Fresno. Calif. Full Gregory Pappy Boyington the legendary flying tier and Marine fighter Pilot in world War ii who downed 28 Jap anese zeros and won a congressional Chat of Honor died in his sleep from cancer monday. He was 79. Staying Lon died Early in the Mam ing at the Nancy hindi hospice where he had been a patient since new year s eve a spokeswoman for the facility said. Or. To Yinglun passed away at 4 . In his sleep said Nancy  nurses were with him and his family had been with him most of the Day  Boyington entered the hospice after a two week stay at Fresno Community Hospital Boyington Ted the Black sheep Squadron a rag tag outfit made up of a few Maverick Veteran officers and higher number of fresh inexperienced fighter pilots. He was known almost As much for his drinking binges bar room brawls and romantic Anlo unters As he was for his skill behind the controls of his fighter. His exploits inspired a television series starring Robert Conrad. He was technical adviser for the 1976-77 series. In the 1910s, Boyington was a mar Rine corps flight instructor. He joined the flying tigers in 1941 before the United states entered world War ii. Asa member of the flying tigers he shot Down six  China. In Early 1942, Boyington rejoined the Marine corps and continued his Campaign against the japanese air com Mand Over the South Pacific shooting Down 22 More zeros before he was shot Down and taken prisoner on Jan. 3,1944. Buying Lon spent the last 20 months one War As a prisoner. In was 03 the Leader of the Black sheep Squadron that he got his Nick name Pappy i was 19 when we formed the Squadron and was the old Man of the Squadron and a lot of the pilots Wernol Vel 20, so they began calling me top and then it became Pappy baying on said. Born in goer d Alconc Idaho on dec. 4, 1912, Boyington attained the rank of colonel and was awarded the medal of Honor the nation s highest military award before retiring from the Marine corps after the War. Married four limes Boyington wrote the Book Baa Boa Blacksheep in 1959, detail ing his War experiences and those of his Black sheep Squadron including their Many drinking outs and fist fights and his own romantic adventures. The Book also gave an insight into his Many Battle with Superior officers during the War and his fight to keep the Squadron from being Dis banded because of its members teem ing disregard for rules and regulations. Boyington and his fourth wife to moved to Fresno in the Early 1970s. Although slowed by to cancer open Lions Boyington retained his Flambo Yant style when attending air shows and As a Public speaker. Funeral arrangements were income late. Bul the spokeswoman at the Ovnice said she believed Hayi Ngum would be burial at Arlington nation Al cemetery. Boyington