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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Oct. 22, 1981)
I Page 10 THE BATTALION THURSDAY, OCTOBER 22, 1981 State Texas Supreme Court orders new trial te c Protests denied in libel ruling United Press International TAUSTIN — The Texas Sup- drne Court has upheld a lower qurt decision ordering a new trial ;> a Beaumont libel suit, despite arguments from the Texas Daily Newspaper Association that the decision could destroy truth as a defense for libel and encourage a rash of libel suits. Reg. *265°° l SALE $ 215 00 Reg. *550°° SALE $ 450 00 The Supreme Court, without written comment, upheld a Court of Civil Appeals ruling ordering a trial on a libel suit filed by Aaron Rose, Felix Burrus, C.C. Moss and Russell Adkins against The Enterprise Co., publishers of The Beaumont Enterprise and The Beaumont Journal. The four contend that an article published in the Beaumont papers on Dec. 7, 1979, is ambiguous and falsely implies that they had been indicted for gambling promotion. The article listed four persons named in the indictment, and also listed Rose, Burrus, Moss and Adkins as among the persons who had placed bets with one of the men indicted for gambling promo tion. The newspapers contended the articles were substantially true, and that truth is a defense against libel actions. A trial court granted a summary judgment in favor of the newspap ers, but the Court of Civil Appeals reversed that ruling and sent the case back to Beaumont for a full trial on grounds there were fact issues to be determined by a jury. The TDNA argued the article was clear and not ambiguous, and said the Court of Civil Appeals’ decision in the case, if allowed to v MD. 5022. Oboncol mahogany is used for sides and single-piece back. Fine white spruce top has genuine wood inlay on sound hole; ivory bind ing on top and back. Adjustable rosewood bridge. Nato mahogany sa tin-finish neck, adjustable rod. Rosewood fingerboard has attractive snowflake design pearl inlay; Jacaran- da faced headpiece with individual chrome heads; tortoise shell pick- guard. MD. DY51. This Alvarez Yairi guitar is handmade with rare burl mahogany back and sides. It has strong sound projection and great tuning stability, plus a double reinforced adjustable neck. Fine inlays and other features. INCLUDES LIFE TIME WARRANTY. THURS., FRL, SAT. ALL GUITARS - SALE PRICED Reg. *359 95 SALE $ 295 00 Reg. *299 95 MD. 5066. The solid spruce top of the 5066 gives superior sustain and reso nance adding depth to the bass and brilliance to the trebles. Celluloid bound, bright grained rosewood body features a two-piece rosewood back. Mahogany satin finish neck is slim and speedy, reinforced with a soundhole- adjustable steel rod. MD. 5021. A favorite with folk singers. The top is natural white spruce with wood mosaic inlay around sound hole. Back and sides are mahogany. Bridge adjusts precisely to suit your individual style. Mahogany neck has adjustable rod set in channel, insuring neck stabil ity. Shell inlay markers set in rosewood fingerboard. Rosewood faced head- piece. Chromed individual gears. KEyboARd Center Inc. LAYAWAY VISA PIANO RENTAL MANOR EAST MALL Bryan, Texas 7780*1 DUPLICATING DEADLINES ? Our duplicating systems will give you offset quality copies, without the hassles of offset printing! Come by and compare our quality and prices - youTI see why we’re called the electronic printshop. kinko's copies 201 College Main College Station 846-8721 YOUTH GOODWILL MISSION From Taiwan, Republic of China PRESENTS AN ADVENTURE IN CHINESE SONGS & DANCE Monday, Oct. 26 7 p.m. Rudder Auditorium Tickets: s 3 00 Available at Rudder Box Office Sponsored by Chinese Student Association stand, “would effectively destroy the defense of truth in a libel ac tion.” The TDNA brief said: “The de triment of such results to the news media is beyond question. Even the qualified, no reversible error, approval of the opinion below would be extremely detrimental to the news media. Any plaintiff, on any shabby pretext, could force a jury trial. “Careful reporting should be encouraged, but publishers should not be placed in the posi tion of having to screen every arti cle to be sure that the words could not be given a contorted meaning and made the basis for a libel ac tion. Any sort of approval of the opinion below could well result in a rash of libel suits.” The Civil Appeals Court opin ion in the case says it is undisputed that the four plaintiffs in the libel suit engaged in gambling, and that had given testimony to the grand jury and received immunity from prosecution. Court to hear case on records access s United Press International AUSTIN — The Texas Sup reme Court agreed Wednesday to hear a motion concerning the rights of a plaintiff to have ac cess to confidential medical re cords in a suit against a physi cian. Lenard Durrett, a Van Zandt County farmer and contractor, sought treatment from Dr. Harold H. Varon because of lower back pains. Varon diag nosed the ailment as arthritis and prescribed a variety of hor mone and steroid injections for treatment. Durrett charges he was assured he would not suffer side-effects from the drugs, but later developed high blood pressure, insomnia, enlarged breasts, excessive beard growth and a variety of other disorders. Durrett further charges that the treatment prescribed by Varon was unorthodox, and had been universally rejected as a treatment for his illness. Durrett is charging Varon with negligence and gross neg gence and has sought access Varon’s medical records forany patients who had been treatd with the same drugs in the past five years. In a sworn deposition, Varon said he had used the treatment successfully on other patients with similar problems. But de spite a court order, Varon refused to produce the applic able medical records. Varon is asking the Supreme Court to overturn the judge’s order that he produce the cords. The physician maintains that allowing access to the re cords would violate the pa tients’ privacy, even thougk names and addresses would be deleted. Varon also asserts that the re cords are immaterial to the case and would only serve for the purpose of harrassment. The Supreme Court will hear arguments on Varon’s request Dec. 16. Firm faces fine for PCB burn United Press International HOUSTON — The state is looking into levying a fine against a Deer Park chemical waste dispos er for burning toxic PCBs during an air stagnation period, a Texas Air Control Board official says. The Environmental Protection Agency earlier reprimanded Rol lins Environmental Services for unauthorized burning polychlor inated biphenyls on Sept. 5 and 6, and warned another violations of its regulations would result in a $25,000 fine. But the state may not leave Rollins’ failure to shut down its operation during a windless period at a warning. Eli Bell, de puty director of enforcement for the Texas Air Control Board, said Tuesday he is considering a staff recommendation to seek a penalty in court. Rollins’ spokesman Jerry D. Neel said there was a misunder standing by the shift operator, who he said understood there was a standby alert instead of a stagna tion warning. PCBs were burned for two 12-hour periods without authorization. Meanwhile, residue in theaii and soil around the incinerate from the legal burning of wastesis being tested to determine whether one of 19 chemiali might be causing a skin rashwbict has affected at least 60 personsc the immediate area. The unexplained incidence of skin rashes dates back to Iasi spring when Rollins began burn ing PCBs. Neel said there was nowaytk unauthorized PCB bum in Sep tember could - have harmed anyone. MSC ARTS ANNOUNCES NTSU One O'clock Jazz Band is coming! October 22, 1981 8 p.m. Rudder Auditorium TICKETS AVAILABLE AT MSC BOX OFFICE 845-1234, Now Better Than Ever. You Will Be Pleased With These Carefully Prepared and Taste Tempting Foods, A MSC A E ac h Daily Special Only $2.19 Plus Tax. Cafeteria ^ “Open Daily” Dining: 11 A.M. to 1:30 P.M. — 4:00 P.M. to 7:00 P.M. MONDAY EVENING SPECIAL Salisbury Steak with Mushroom Gravy Whipped Potatoes Your Choice of One Vegetable Roll or Corn Bread and Butter Coffee or Tea TUESDAY EVENING SPECIAL Mexican Fiesta Dinner Two Cheese and Onion Enchiladas w chili Mexican Rice Patio Style Pinto Beans Tostadas Coffee or Tea One Corn Bread and Butter WEDNESDAY EVENING SPECIAL Chicken Fried Steak ; w cream Gravy Whipped Potatoes and Choice of one other Vegetable Roll or Corn Bread and Butter Coffee or Tea THURSDAY EVENING SPECIAL f°7f"!T\ V Italian Candle Light Spaghetti Dinner A LLI47 SERVED WITH SPICED MEAT BALLS AND SAUCE ClEfbJ) Atoc.y?' 7 Parmesan Cheese - Tossed Green Salad L~^J Choice of Salad Dressing — Hot Garlic Bread Tea or Coffee FOR YOUR PROTECTION OUR PERSONNEL HAVE HEALTH CARDS. FRIDAY EVENING SPECIAL BREADED FISH FILET w TARTAR SAUCE Cole Slaw Hush Puppies Choice of one vegetable Roll or Corn Bread & Butter Tea or Coffee SATURDAY NOON and EVENING SPECIAL Yankee Pot Roast (Texas Salad) Mashed Potato w gravy Roll or Corn Bread & Butter Tea or Coffee “Quality First” SUNDAY SPECIAL NOON and EVENING ROAST TURKEY DINNER Served with Cranberry Sauce Cornbread Dressing Roll or Corn Bread - Butter - Coffee or Tea Giblet Gravy And your choice of any One vegetable 0 H( judge priso ordei hospi 0 Wayi day 1 hired tents temp mate h down Hosp newl requi of Cc well issuai “Hov basec may safely pital, Tl twor the 1 and a hired '< i * * if * * * if if | 4 4 4 4 4 4 4 K