European Stars And Stripes (Newspaper) - July 6, 1988, Darmstadt, Hesse                                Page 4 the stars and stripes wednesday july 6,1988 he rubbed her the wrong Way St. Paul Minn. A a Man who wrote to an employee of his love for her and once massaged her neck and shoulder at work did not commit sexual harassment the Minnesota court of appeals has ruled. The 2-1 opinion upheld the Minnesota department of jobs and training s award of unemployment benefits to Richard l. Gradine who worked at the College of St. Scholastica. The Agency decided Gradine s conduct constituted misguided infatuation rather than sexual harassment which would have made him ineligible for jobless benefits. The appeals court agreed. Gradine 43, was an assistant Plant supervisor at the College from March 1987 until july 23, when he was fired immediately after the employee a student complained. According to court documents Gradine for a time supervised the student but she was transferred after other student workers complained she was receiving preferential treatment. After the Transfer Gradine wrote her a letter saying he had Strong personal feelings of affection and love for her according to court records. Gradine came to the student s work place and massaged her neck and shoulder court records state. When the woman told him to Stop he did according to documents. A referee for the jobs and training depart ment determined that Gradine was discharge for misconduct and therefore disqualified from receiving unemployment benefits. Agent Orange payments could Start Early in 1989 new York a Vietnam veterans who claim to have been harmed by exposure to the herbicide agent Orange could begin to receive Cash and other assistance from a $240 million settlement fund yearly next year according to a plan released tuesday. . District judge Jack b. Weinstein set into motion the allocation of the settlement Money after the . Supreme court last week removed the last Legal obstacle in the lengthy agent Orange litigation. The class action suit initiated in 1978, was settled in May 1984 when seven chemical companies that manufactured agent Orange agreed to pay $180 Mil lion. The fund has grown to $240 million through in Terest during the appeals process. The distribution plan has two major components a$170 million program to provide Cash benefits to Long term totally disabled veterans and to the families of veterans whose deaths were believed to have Bee linked to agent Orange and a $52 million program to fund social service projects that Benefit veterans and their families. In addition $5 million will be distributed to Veter ans in Australia and new zealand. An additional $ 13million will pay lawyers for the plaintiffs and costs for administering the distribution plan. Agent Orange was sprayed Over Southeast Asia Dur ing the 1960s by the . Military which hoped to deprive communist troops of crops and cover. It contains the highly toxic dioxin and veterans contend that exposure to it causes cancer and other illnesses. The chemical companies have said there is no proof linking dioxin exposure to human illness and the settlement does not include an admission of fault by the manufacturers. To Date about 250,000 people have filed preliminary claims for compensation. Each of the Early applicants will be mailed an information kit about How the process will work and a massive outreach program through veterans groups will inform other veterans who May be eligible. Weinstein set a Jan. 1, 1989, deadline for applications. Of the 250,00 claims Only 40,000 to 60,000 May be eligible for payments said John Gomperts an attorney who works with Kenneth Feinberg who was appointed by Weinstein in 1984 to supervise the settlement. Gomperts said it was believed the first payments could be sent out within six months. According to 1985 projections disability benefits would average $5,700 to $12,800, to be paid Over number of years. To be eligible a Veteran would have to prove total disability defined in the social Security guidelines As being out of work because of physical or mental impairment for a period not less than 12 months. Additional requirements for eligibility include that the Veteran was exposed to agent Orange while in Vietnam and that the disability or death was not caused by a traumatic or self inflicted injury. Death payments previously estimated to Range from $ 1,800 to $3,400, would be paid to families in one sum. Weinstein also ruled that 2,440 veterans who opted out of the settlement on the advice of their lawyers could be reinstated As members of the class and receive benefits from the fund. Veterans can receive information about the settlement fund by calling a toll free number. In new York state the number is 1-800-823-1303. Outside new York the number is 1-800-645-1355. Arrow air crash settlements nearly double average Louisville by. A out of court settlements to survivors of 57 soldiers killed in a 1985 Arrow air crash have averaged nearly twice the amount paid in major air line crashes from 1970 to 1984, the courier journal reported tuesday. The newspaper examined cases Settle since january 1987 and said the Arrow air cases were settled for an average of$663,000, ranging from $171,000 to $1.5 million. Mother arrested for dressing son As pig Hayward Calif. A Mary Francis Berga Masco tied up her son dressed him As a pig and called it education. Police called it child abuse. The 7-year-old boy sat on a Bench in front of his Home with his hands tied behind his Back Blue Fin Ger paint on his face and a cardboard pig nose taped this head. About 15 neighbors gathered As the boy sat on Dis play for 30 minutes with a sign on his Chest Reading i m a dumb  ugly is what you will become every time you Ligand steal. Look at me squeal. My hands Are tied be cause i cannot be trusted. This is a lesson to relearned. Look. Laugh. Thief. Stealing. Bad boy the sign read. Bergamasco 29, was to be arraigned wednesday Ona Misdemeanour charge of child abuse police said. She is free on her own recognizance. When the Mother was arrested last tuesday her Sonand 1-year-old daughter were taken into protective custody and placed in separate Foster Homes in Castro Valley and Livermore. The punishment was intended to teach the boy Alesson after two weeks during which he stole $25 Worth of baseball cards $6 Cash an earring a Belt buckle an another child s toy police quoted Bergamasco As say ing. She said that after each theft the boy lied about what he had done. Bergamasco s own Mother used the discipline tech Nique and also placed Bergamasco s hands on hot stove burners for punishment she told police in a six Page written statement. According to court records Union City police investigated Bergamasco on a report of child abandonment in March. The litigation arose from a dec. 12,1985,crash at Gander Newfoundland that killed All eight Crew members and 248 troops on Board. The soldiers members of the 101st air borne div were returning to fort Campbell after six months in the Middle East. All 130 lawsuits filed in . District court for Western Kentucky have been settled and one Case in Florida is awaiting trial. Citing a court order and other reasons Arrow s insurer has declined to disclose the value of settlements. But the newspaper calculated the size of some accords based on contributions by plaintiffs lawyers to a fund that covers litigation expenses. Since Jan.12, 1987, the lawyers have been required to place 0.5 percent of settlements in the fund. An extrapolation of those figure shows that since that Date Arrow s insurer associated aviation underwriters paid $37.8 million to Settle the 57 cases the newspaper said. John Martin associated aviation underwriters attorney confirmed the settlement values calculated by the newspaper. Geneva Parris Liaison counsel for the plaintiffs also confirmed the figures. She said the accords struck after january 1987 were generally higher than those reached before then. Facing up to the election Dpi photo passers by meet face to face with the 1988 presidential candidates at a Torrance Calif., mall s vote America Sand sculpture. The Minia Ture mount Rushmore sculpture is intended to encourage people to vote in this year s presiden tial election. The left image is of Likely democratic nominee gov. Michael Dukakis and the far right image is of Likely Republican nominee vice president George Bush. Left Center is democratic contender Jesse Jackson. And next to him Theo Dore Roosevelt appears As a representative from mount Rushmore