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Publication: European Stars and Stripes Thursday, September 13, 1990

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     European Stars and Stripes (Newspaper) - September 13, 1990, Darmstadt, Hesse                                Thursday september 13, 1990 the stars and stripes a a a Page 7overbooked airlines can be sued in state courts san Francisco up a airline passengers stranded by overbooked flights can sue airline companies in state courts for the inconvenience a Federal appeals court ruled tuesday. Deregulation of the airlines did not wipe out the rights of the victims of overbooking to take their complaints to state courts around the country according to the 9th . Circuit court of appeals. The decision held that Federal Laws regulating airline rates routes and services do not pre empt state Law claims that airlines must act in Good Faith and Deal fairly with customers. The ruling could have broader implications for the airline Industry if it allows Consumers to Challenge other service related problems regulated by states according to Alan b. Morrison attorney for William West a Northwest airlines inc. Rider bumped from a great Falls mont., flight. Morrison said some states have been attempting to regulate such things As advertising by airlines but have been put off by claims that Federal Law preempts state Power to Issue regulations. Northwest airlines based in Minneapolis contended the Federal aviation administration has the sole authority to regulate rates routes and service. Northwest maintained that a a services included boarding practices. The airline also argued that All state Laws that affect airline services even tangentially would be preempted by Federal regulation. The appeals court rejected that claim As Over Road and sided with West. Judge Dorothy Nelson wrote the Montana state Law simply imposes a a duty on All persons entering into contracts to act with Good Faith and fair dealing. The fact that this duty is applicable to airlines As Well As the general Public does not invoke Federal Preemption a she wrote. West now May take his claim Back to state court in Montana to pursue a suit against Northwest. West was on a flight from great Falls to Arlington va., when he was bumped. Northwest had decided to reduce the size of the aircraft to be used in the flight from a Boeing 727, which carries 146 passengers to a dc-9, which carries 78 people. Although Northwest offered West an alternative flight arriving the next Day at 3 . He chose to delay his business trip for two weeks. West is seeking damages for the loss of business and inconvenience and a in Large part to teach the airline a lesson a Morrison  carries out 1 St execution in 28 years Joliet 111. Apr a Man who murdered a Young couple in a 1983 Holdup that netted him $40 was put to death by injection Early wednesday in Illinois first execution in 28 years. Charles Walker 50, was pronounced dead at 12 12 . At Stateville prison. A Tell Jesse and Tell i that i will see them later. You re a Good Man a Walker told Warden Thomas Roth As he went to his death. He was referring to Jesse Roth a minister and someone Walker whose identity was not immediately known. The . Supreme court and Illinois High court had rejected last ditch efforts by death penalty opponents and two death Row inmates to Block the execution on grounds the injection system did not meet Illinois Law. Less than eight hours before Walker went to his death the . Supreme court refused a stay by a vote of 6-1, with Justice Thurgood Marshall who opposes capital punishment in All circumstances voting to Block the execution. Justice Harry Blackmun did not take part in the Case. Walker however had opposed any attempt to save his life saying he preferred death to imprisonment for the murders of a couple he tied to a tree shot and a two men outside the state prison in Joliet 111., show their support for the death penalty. Robbed. Cute in the United states since the Sun a in a guilty. I can accept my punish preme court in 1976 allowed states to Menthe once said. A a in a sorry i done it resume use of the death penalty yeah but its  Illinois which had not put an inmate Walker became the 139th person exe to death since it sent a Man to the elec census director urges cooperation in completing . Population total striped critters Trie chair in 1962, became the 16th state since 1976 to resume executions. Oklahoma became the 15th on monday. Walker watched television saw visitors and crocheted in his cell hours before his execution. The Case was closely watched by death penalty advocates including Chicago mayor Richard Daley who praised gov. James r. Thompsons refusal monday to commute walkers death sentence. A a in mall for Walker being executed a Daley said tuesday. A think about the people he killed did no to they have a right to live a Walker had said a thirst for alcohol and Money led him to kill Kevin Paule 21, and his Fiancee Sharon Winker 25. They were slain while fishing near Mascoutah in southwestern Illinois. In 1983, Walker decided to visit a favorite fishing spot where he met Winker and Paule enjoying an afternoon of fishing along Silver Creek. Walker said he talked with the couple then decided to Rob them. He said he threatened them with a pistol and began using duct tape to tie them to Trees. He planned to leave with their fishing tackle the $40 in Pauleus Wallet and Winker a car. But Paule changed his plans. Paule a said something to the effect of a you can to get away with this. I know you. You re Walker a said sheriff car Justus. Walker shot each once in the head with a .25-caliber pistol and left to buy beer.$500 offered for return of by the los Angeles times Washington a the director of the . Census Bureau urged critics tuesday to temper their rhetoric and cooperate with the bureaus efforts to count the nations population. A we can to judge the Quality of the census by anecdotes a Barbara Everitt Bryant told a House panel noting that the Bureau is conducting a Survey of households that May have been missed during the Spring count. Although preliminary figures were recently released the census should not be judged until the household Survey results Are in Bryant said. But rep. Charles e. Schumer d-., who also testified during the hearing by the census and population subcommittee blasted the bureaus efforts. A the census has failed a he said. Noting that he had warned the Bureau of an impending disastrous under count he added a with the release of preliminary census figures we have unfortunate confirmation of this  reps. Norman y. Mineta Robert t. Matsui and both California democrats joined in Schumers attack claiming census officials were a a insensitive to the concerns of asian americans. And democrats Donald m. Payne of new Jersey and Martin Frost of Texas complained that Blacks and hispanics were disproportionately under counted. A the census Bureau has done an excellent Job of counting White suburbanites but for some reason cannot count minorities very Well a Frost said. A a there a something fishy Here and it does no to have Gills and a  last month the Bureau said that the nations population had grown to 246 million up from 226.5 million in 1980. The estimate based on census mail returns and follow up interviews was about 2 percent lower than Bureau officials had predicted the census would show. Local and state officials particularly big City mayors and governors of states with Large minority group populations greeted the bureaus Early count with scepticism and ridicule. Since seats in Congress and Many Federal Grants Are based on population officials who believe that their areas were under counted have vowed to Force the Bureau to augment its completed mail questionnaires and door to door counts with statistical sampling. Such a move is Likely to increase the numbers of Blacks hispanics and other groups. Tuesdays hearing was Bryants first congressional appearance since the Bureau released its preliminary figures for the 1990 census. She used the Opportunity to stress repeatedly that no decision regarding the use of statistical sampling had been made or could be made until the census was finished. Bryant said that census workers were continuing to Check for overlooked households probationers and parolees overseas military and civilian Federal workers and other persons left out of the mail and door to door surveys. A we expect to add millions of persons before the count is delivered to the president dec. 31, she said. Prattsville . Apr question what a Black and White and running All Over answer a pair of zebras on the Lam. The two escaped from their enclosure in Prattsville about 40 Miles from Albany by breaking Down a Fence. The striped strays belong to Kathy Art Paul Brody who raise exotic animals at their Home near Bear pin Mountain in the catskills. The 10-month-old zebras were spotted monday in a wooded area near Lexington about eight Miles away. Brody circled the area in a helicopter tuesday. A animals run patterns a he said. A we want to see if they re in the same area they were  Brody said he would subdue the animals with a tranquil Izer gun and take them Home. He said his biggest fear is that the zebras valued at $15,000, will be killed by an automobile at night. The animals tend to run toward Light. The Brodys offered a $500 Reward for the animals Safe capture. Zebras Are not considered dangerous  
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