European Stars and Stripes (Newspaper) - April 19, 1992, Darmstadt, Hesse Page b a the stars and stripes sunday april 19, 1992 appeals court allows suit Over closure of shipyard Philadelphia apr an appeals court on Friday ruled that judges do have a narrow jurisdiction Over the governments base closing decisions resurrecting a lawsuit to save the Philadelphia naval shipyard and possibly affecting the entire base closing process. The 3rd . Circuit court of appeals in a 2-1 decision sent the Case Back to . District judge Ronald Buckwalter who dismissed the lawsuit in november saying the defense base closure and realignment act of 1990 stripped the courts of jurisdiction. The suit was filed by six . Senators six members of the House three governors the City of Philadelphia and three shipyard labor unions. It argues that the Navy failed to follow the Laws guidelines in deciding to close the shipyard in 1995. The Navy denied the allegations. The lawmakers City and unions say defense Secretary Dick Cheney had indiscriminately targeted the shipyard for closure and then without sufficient data placed it on the list of bases he wanted closed. The list was then Given to the Independent defense base closure and realignment commission which held Public hearings before recommending to president Bush that 34 bases be shut Down by 1997. Bush and then Congress had the option of accepting or rejecting the entire list without changes. The act leaves no room to Challenge Cheney a decision in the court system circuit judge Walter k. Stapleton wrote. But he said the Law does allow the courts to review whether he sent the commission All the information he used in making his recommendation. The plaintiffs say he did not. Bruce w. Kauffman a lawyer who argued the Case for the plaintiffs said he was not disappointed by the decision. A it May be narrowly focused but its a decision with Broad implications that the bureaucracy including the Navy cannot ignore and disregard the mandates of Congress a he said. Kauffman said the decision could have implications for bases slated for closure in other parts of the country. A to the extent that they have evidence As we do to a Brazen disregard for the mandates of Congress a he said. Stapleton said the Case also could affect the base closing process involving Bush and Congress. If the commission is forced to reconsider the shipyard information and if members find the base was included improperly the decision would change the list he said. Quot reconsideration of the entire list of recommendations by the president and Congress in accordance with the limited timetable of the act might be both feasible and appropriate a the judge wrote in a footnote to the 47-Page opinion. . Sen. Arlen Specter r-pa., a Leader of the bipartisan group challenging the closure said he was delighted with the ruling. A a it a important that the courts Are open for judicial review even when you re fighting the department of defense and the . Government a he said. Leola Mcdonald talks to a spokesman for Luther Campbell after he cancelled an appearance at her Omaha neb., store. Rapper cancels visit after getting threats Omaha neb. Apr rapper Luther Campbell of 2 live Crew cancelled an appearance in Omaha on Friday because of threats phoned into the Miami office of his record company a spokeswoman for the Singer said. Campbell who had planned to visit an Omaha record store to speak out about censorship of his music was on a chartered plane in route to the City when the decision was made to cancel the Stop said spokeswoman Debbie Bennett in a Telephone interview from Miami. She said Campbell received at least a dozen threats she i Tripany Campbell had left for Omaha. The Man said a a a if the plane lands he is not going to including one she described As a death threat on his private Une on Friday. The Man on the line knew the air charter company Campbell was using and what time leave,�?T11 Bennett said adding that she called Campbell on his cellular Telephone to urge his return to Miami. A the was very concerned a Bennett said. A the feels that anything to keep a Black Man Down it will be about 100 people had gathered at the store to see Campbell. Omaha police had said earlier they had not received any complaints or threats. Campbell planned the visit because City councilman Steve Exon wants the City to prosecute stores that sell a sexually explicit 2 live Crew recording to teens. Explicit lyrics from 2 live Crew have caused a stir around the country. A judge in Florida ruled in 1990 that the groups As Nasty As they Wanna be album was obscene. But a jury acquitted group members of obscenity for performing songs from the Given to deputies Hurt in prisoner s escape from wire reports Milwaukee a a jury has awarded two sheriffs deputies $5.3 million for injuries suffered when a prisoner escaped using a gun smuggled to him by a love Stock fellow Deputy. The prisoner Laron Mckinley shot Deputy James r. Paradinovich twice while escaping from a car oct. 2, 1987. Deputy Stephen a. Parks was injured when he leaped from the car As it crashed. Paradinovich and Parks sued Milwaukee county the sheriff and several other officials blaming lax supervision in the county jail for allowing another Deputy to smuggle handcuff keys and a pistol to Mckinley. That Deputy who also was sued testified that she control her love for Mckinley. She was sentenced to 15 years in prison for assisting an escape. Mckinley who faced 186 years in prison on other charges when he escaped was recaptured about three hours later. He was sentenced to 87 years for the shooting. Production stopped Boston a less than a year after it went on the air the National Cable Channel of the Christian science Church has halted production. The Monitor Channel which broadcast a mixture of news Public affairs and entertainment shows will air reruns until june 15. If the Channel is not sold by then it will be closed. The Channel needed to reach at least 25 million Homes to become financially stable but reached Only about 5 million. Most of the stations 400 employees have received Pink slips and a Small staff mugged on holy Day new York a a priest was pistol whipped and robbed on holy thursday As he stood in line at a Bank to Deposit up to $50,000 in school tuition Money authorities said. A crime does no to respect the holy Days of anyone a religion a said Kaleem Umrahn assistant pastor of the priest s Church. Monsignor James Haggerty 69, was attacked by two men at a chemical Bank Branch on Flat Bush Avenue Brooklyn a busiest Street said sgt. De Burns a police spokesman. The priest wearing clerical garb was mugged As he emptied a Deposit bag at a Teller window police said. Police were unsure How Many other people were in the Bank. The robbers fled with $600 to $700 in Cash and As much As $50,000 in tuition checks for his churches elementary school Burns said. Haggerty was in stable condition at methodist countdown ends Cape canaveral Fla. The seven astronauts assigned to the first flight of the new shuttle endeavour completed a countdown test Friday in preparation for next months launch. The two Day practice countdown conducted before All flights ended late Friday morning at the 11-second Mark. The countdown clocks were halted just before the simulated Start of engines. Shuttle commander Daniel Brandenstein said he and his Crew Are a really looking Forward to coming Back Down in a few weeks and doing this All for endeavour is scheduled to blast off May 4 or 5 on a satellite Rescue suffered heart attack St. Augustine Fla. A a Pilot killed recently in a plane crash had suffered a heart attack during the flight a medical examiner has ruled. The states top development administrator also was killed in the crash. A blood clot blocked an already narrowed artery leading to the heart of Pilot Billy Martin causing it to Stop said or. Terrence Steiner St. Johns county medical examiner. The state owned plane Martin was piloting crashed during a Landing approach going Down about a mile from the St. Augustine Airport on april 9. Bill Sadowski Secretary of the state department of Community affairs was sitting in the rear of the plane
