Attorneys ask court to
overturn Diggs conviction

The Michigan Daily-Tuesday, June 12, 1979-Page 13
Honored 'U' prof killed
in weekend car crash

WASHINGTON (UPI) - Attor-
neys for Rep. Charles Diggs yester-
day asked a federal appeals court to
overturn the Michigan Democrat's
conviction on mail fraud and false
payroll charges on grounds it was
not specifically illegal for a
congressman to accept kickbacks
from his staff.
"The jury should have been
allowed the opportunity to consider
whether there was an intent to
defraud" the public, Bernie Carl, a
Diggs lawyer, told a three-judge
panel of the U.S. Circuit Court of
Appeals for the District of Columbia.
ORAL ARGUMENTS on his ap-
peal yesterday focused, in part, on
vague federal laws that do not

specifically bar members of
Congress from accepting kickbacks
from their staffs.
But Justice Department lawyer
Peter George argued that at least
two of Diggs' staff members
testified they did not voluntarily
give Diggs kick-backs - but felt
compelled to give the congressman
part of the money from their raises.
If Diggs loses his appeal, he faces
a sentence of up to three years in
prison. However, U.S. District
Judge Oliver Gasch set no minimum
term and invited Diggs to seek a
reduction of his sentence if he could
show he had improved the financial
predicament that allegedly led him
afoul of the law.

Projectionists picket
Ann Arbor Theater

By RICK BLANCHARD
A local projectionists union is urging
the boycott of the newly opened Ann
Arbor Theatre, claiming a loss of union
jobs, a sacrifice of visual quality, and
an emotional insult to Ann Arbor film-
goers.
Union members began picketing last
Friday night at the theater's opening
show. The theater, formerly the Fifth
Forum, was purchased by Goodrich
Theaters, Inc. of Grand Rapids on June
1.
MEMBERS OF the International
Allianc of Theatrical Stage Employees
and Moving Picture Operators (IATSE)
Local 395 said the theater's new owner,
Robert Goodrich, was presented with a
union contract, but rejected it, stating
he planned to use manager-operators
instead of union projectionists.
Goodrich's decision has put three or
four people covering the theater's ten
shifts out of a job, according to Jim
Haven, former business agent of Local
395.
"In effect, Goodrich said to take a
walk, so we are nowwalking," Haven
said.
GOODRICH EXPLAINED that when
he bought the theater-one of 17 he
operates across the state-he installed
a Xenon-presentation platter projection
system, an automated projection
device which produces a better picture
than the old system.
Because of the new system, accor-
ding to Goodrich, a projection specialist
is not needed.
Goodrich said he brought to Ann Ar-
bor several members of his Battle
Creek staff who had the knowledge and
experience to run the projection booth
as well as command "the myriad of
problems in management from which
projectionists have been blissfully
uninvolved.
"WITH THE PLATTER system now
in the theater, what I needed was a
manager-the union wanted me to use
totally inexperienced personnel to
replace the experienced people I have,"
Goodrich said.
"I can't fault the union," Goodrich
said, "and I wish I could accommodate
the guys, but generally projectionists
just want to do projecting, and I need
more than that:' - -,

According to Kirk Madsen, manager-
operator of the newly opened theater,
the automated system installed at the
Ann Arbor Theater only requires
threading and running, so it is not
necessary for someone to be there all
the time. "And in the event of a break in
film stock," Madsen said, "A fail-safe
system would automatically shut down
the projection."
"IF A BREAK occurs," Madsen ex-
plained, "which they invariably do
because of the age of film stocks, I
would be immediately summoned and
the delay to the audience would be
minimal. Granted, I am not in the
booth, but generally, there is nothing to
do there."
Another issue is the possibility of
focus problems, but according to Mad-
sen, there are no focus problems.
"Focus problems are due to change-
overs from one projector to another,
but with this system, there are no
changeovers, so the film is always in
focus," Madsen said.
However, according to Al Valusek,
projectionist for ten years who now
runs the platter system out at the
Briarwood shopping center, the
problem arising out of the automated
system and the delay to the audience
can be significant.
"THE PLATTER system is generally
relaible, but if there is nobody there
right away when a problem arises, it
can cause significant film damage and
delay to the audience-you could even
ruin a whole film and not know it until
the next showing," Valusek said.
Valusek also said the nature of this
system involves having someone
present at all times to keep "on top of it
and keep mishaps from occuring.
Because of the nature of a manager-
operator's job, he won't always be
around.".
Although the issues of image quality
and service to the audience are impor-
tant, Valusek said the decision by
Goodrich to go non-union is a threat to
the other union workers of Ann Arbor
theaters.
"What is going to stop the other
theaters in this area from going the
same way as the Ann Arbor Theater
when their time comes .to negotiate a,
new union contract?" Valusek asked.-

By TIM YAGLE
Dr. Donald Kerr, a distinguished
University professor of oral pathology
and periodontics, was killed Sunday in
a two-car crash near Grayling, accor-
ding to Crawford County sheriff's
deputies.
Three persons in Kerr's car required
hospitalization following the accident,
which occurred shortly before 6 p.m. on
Highway M-72 about 16 miles east of
Grayling.
ALL THREE persons were in fair
condition yesterday morning at
Grayling Mercy Hospital, said a
hospital spokesperson.
University Dental School Dean
William Mann said the 70-year-old
Kerr, who had been on the school's
faculty for 40 years while also prac-
ticing periodontics (a gum and disease
specialty) had made "great con-
tributions to the school."
"His extensive contributions resulted
in great improvements in oral
pathology, and those (contributions) in
periodontics resulted in considerable
changes in the private practice of the
specialty throughout the country,"
Mann added.
IN APRIL, KERR received the
Michigan Dental Association's highest
award and was cited for playing "a key
role" in the development of the Univer-
sity's Dental School and for organizing
its departments of periodontics and oc-
clusion, both recognized as among the
best in the country."
Commission
investigates
delays in
Ca. rulings
was improper delay or irregularity in
the handling of certain cases, including
Tanner.
HAROLD TANNER, 27, was involved
in a $40 store robbery while using a gun
in 1976.
The report showed that on May 30,
1978, six justices had taken stands on
the Tanner case, with Bird the lone
holdout.
"There can be no rigid rules for how
long it takes to process a case. . . but
five to seven months seems to be the
median," Hufstedler said.
Hufstedler said he and three assistan-
ts had spent 2,000 man-hours in conduc-
ting 60 interviews and taking 62
depositions from justices, most of the
court staff and outsiders. He said there
were 700 pages of exhibits included in
his report - about a third of the num-
ber that will be offered to the panel.
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the American Academy of Periodon-
tology.
He was a recipient of the Pierre Far-
chard Gold Medal "for outstanding con-
tributions in oral pathology," and he
also received the University's
Distinguished Faculty Award in 1972.
Kerr was responsible for establishing
and directing the oral pathology biopsy
service of the Dental School, one of the
earliest and largest school-based biop-
sy services for the detection of cancer.
AnsAtlanic
Budget Fares
Berlin/ Munich .... $160
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Istanbul-NYC depertere 275
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Dr. Donald Kerr

Kerr wss co-founder and past
president of the American Academy of
Oral Pathology and past president of