The Cedar Rapids Gazette: Wed., Sept. 1 7 .

1 9 8 0 7A

Sound lawyer cites Limits likely again on First Avenue viaduct

ruling against Bell It appears load limits will again be placed on
bridge is located near 30th Street Drive SE.
For the eastbound outside lane, straight truck on supports under the viaduct.
parts of the First Avenue East viaduct. The limits of 19 tons and 29 tons for semitrailers is
proposed.
The city tore out the walk and installed one
that relieved the added stress enough to enable
By John McCarroll through predatory pricing, by mak­ The Iowa Department of Transportation has Jon Janda, city public services director, said the load limits to be lifted.
Gazette Des Moines Bureau ing false and slanderous statements notified the city that the limits are necessary the city will likely want to go with the weight
DES MOINES — An attorney for to Sound's customers and potential because truck weight limits were increased to restrictions instead of excluding trucks from
Sound Inc., a defunct Cedar Rapids customers and by threatening to cut 80,000 pounds by the last session of the Iowa using the two lanes. He said that request will be
firm, believes he has a "powerful" off service to telephone customers Legislature. IDOT has said the outside eastbound sent to IDOT, which will have to do the signing.
pretrial court ruling in Sound's four- who wanted to buy Sound Inc. and westbound lanes on the viaduct will not If IDOT agrees with the city's position, then the
IMPORTANT NOTICE
Regarding the Montgomery Ward Money
year legal battle with the Bell devices. support the new heavier legal weights. City Council will be asked to pass a resolution to
Saver Sale Mailer. On page 12 The Man's
Telephone system and its subsidi­ Bell sought to have the lawsuit Two options were proposed by IDOT to the put the load limit restrictions on the two lanes of and Woman's 12 speed racer should read
aries. tossed out, arguing that because it is city. Put weight restrictions on the two outside the four-lane structure, Janda said.
men's and women's 10 speed racer. We re­
The 8th U.S. Circuit Court of regulated by the Federal Communi­ lanes, or not allow any trucks to use the two The bridge had load limits placed on the gret any inconvenience this may cause you.
Appeals in St. Louis recently re­ cations Commission, it has implied lanes. outside westbound lane about two years ago,
jected Bell's arguments that the case immunity from antitrust laws. The The proposed weight limits for the westbound after the Iowa Department of Transportation said
brought against it by Sound Inc. second argument made by Bell was outside lane would be 16 tons for a straight truck. it would be unsafe for heavy trucks because of a Westdale Mall
should be thrown out because Bell that because Northwestern Bell is The legal limit is 27 tons. For semitrailers, a 25 new, thicker than usual concrete sidewalk
was impliedly immune from anti­ regulated in Iowa by the state ton limit. The legal limit for this type of truck is constructed over the bridge. IDOT claimed the Phone 396-1200
trust prosecution, partially because Commerce Commission, its rate 40 tons. walk put a heavier strain than the previous walk
its Iowa activities are regulated by structure and its marketing prac­
the state Commerce Commission. tices are immune from antitrust
"I read this case as by far the action. Like Judge O'Brien, the U.S.
most expansive (court ruling) limit­ Court of Appeals rejected both
ing exemptions to the antitrust arguments.
laws," said Donald Polden, an attor­ The court said that Bell has
ney with the Des Moines law firm provided telephone terminal equip­
that has been representing Sound ment since the company was formed 9 2 years of better values!
SHOP
Inc. since the lawsuit was filed in and "effectively cornered the market
on such equipment by filing tariffs
THURSDAY
1976.
In the lawsuit, Sound Inc. claims with the FCC that prohibited the 9 to 9
that Bell conducted a systematic attachment to the Bell System of any
campaign to drive it out of business. equipment not furnished by Bell."
Sound Inc. sold and leased tele­ The court noted that that prohibition
phone terminal equipment, includ­ by Bell was struck down by another
ing telephone sets that could accom­ Court of Appeals ruling in 1956.
modate as many as 30 incoming and The FCC, the 8th Circuit Court of
Appeals held, has attempted to
Need a vacation? Take
a comfort trip!
outgoing telephone calls.
Started in Cedar Rapids in 1963, interject competition into the tele­
Sound Inc. was owned and managed phone interconnect market and
by John Marshall of Cedar Rapids. hasn't always approved of Bell's
According to court records, the firm conduct. The court said nothing in
was profitable and had expanded to the law establishing the FCC indi­
Waterloo and Des Moines several cates that Congress intended to SCHWEIGER The looks may be out-of-this-
years before its demise in 1975. exempt telecommunications firms world but the prices are strictly
Although filed more than four from antitrust laws.
Similarly, the court said it could
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years ago, the Sound Inc. case still
hasn't gone to trial. The U.S. Court find no evidence in the Iowa law that
established the Commerce Commis­
OFF, loveseats
you better
Smulekoff's volume-power buying brings
values. As inflation makes you stay home
of Appeals upheld a decision by
federal District Court Judge Donald sion that "even remotely suggests an each- more, enjoy it more with great values like these! You
O'Brien that Bell's alleged wrongdo­ intention to require anti-competitive don't have to travel to get away . . . do it right at home
ing was subject to court review conduct on the part of a public with fine furniture from Smulekoff's!
under the antitrust laws. utility."
There is no conflict, the court
Come in to
Bell could further appeal to the
U.S. Supreme Court, but Bell attor­ held, in Bell satisfying both Iowa LOVESEAT *349 Smulekoff's second
ney Harvey Kurzwiel of New York, regulatory law and federal antitrust Reg. $449 , l o o r
and try them out!
N.Y., said Tuesday no decision has laws.
been made about further appeal. He
said Bell has more than two months f TEDAR R A P I D S — M A R I O N ^
yet before its appeal time expires. FIRE • POLICE • RESCUE
If Bell decides against another AMBULANCE
appeal, the case will be scheduled
for trial in U.S. District Court in Des EMERGENCY COANL LL YS
Moines.
In its lawsuit, Sound Inc. alleges di a l 911 EARLY AMERICAN SOFA
that Bell violated the antitrust laws This distinctive wingback has rolled
arms and hand-carved wood ac­
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Jog-a-thon set Saturday and deep tan. Length 85".

Kirkwood Commu­ dent activity leaders the Kirkwood activities Our <
nity College will raise
funds for scholarship
and student activities
with a student-staff jog-
and to support student
groups.
Persons interested
in pledging should call
office at 398-5685.
Pledge money will be
collected by mail fol­
lowing the jog-a-thon.
regular *
$529.95 429
a-thon Saturday at
Kingston Stadium. * Instant, in-store terms tailored to fit your budget!
Participants will run
* Free delivery
or walk the Kingston The next call you make could $
track as many times as be the most important LOVESEAT 349 SCHWEIGER
possible in an hour's one of your life. Our reg. $449
time for pledges from
Here's our number
businesses and individ­ CONTEMPORARY SOFA
uals. Runners will have
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