WHILE YOU WERE AWAY

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Marwil suit dismissal
ams n
arguments continue

The Michigan Daily-Thursday, January 10, 1980-Page 3
UM Second Annual
BAHAMAS (Nassau)
SPRING BREAK
MARCH 2-9
with hotel $363*
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Also Windsor-Ft. Lauderdale charter space availabale March
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upon request.

Daily Photo by MAUREEN OMALLEY
A CITY FIREFIGHTER walks away from the Tiffany apartments at 736
Packard St. where six of 22 apartments were "totally destroyed" by
fire Monday, according to a spokeswoman for McKinley Properties, man-
agers of the building. Three firemen were slightly injured while fighting
the blaze, but none of the residents was hurt.
30 seeking new homes.

By HOWARD WITT
A former humanities professor
seeking more than, $1 million in
damages from the University is still
trying to prevent his suit from being
dismissed in federal court.
Attorneys for the University moved
for dismissal last September of the suit
initiated by Jonathan Marwil, the for-
mer engineeringhumanities professor
who claims he was unjustly denied a
tenure review last spring. Marwil is
seeking either reinstatement at the
University so that he can receive a
tenure review or more than $1 million in
damages,
UNIVERSITY ATTORNEYS have
argued that the University, because it
is a state institution, is immune to
monetary damage suits in federal court
under the Eleventh Amendment.
In an opinion rendered Dec. 13, U.S.
District Court Judge Philip Pratt said
he did not have enough evidence con-
cerning the University's relation to the
state to rule on the dismissal motion.
On Monday, he directed attorneys for
both sides to prepare briefs on this issue
in the next two weeks for a pre-trial
hearing.
The Eleventh Amendment bars a
federal court from hearing an action by
a citizen against a state. University at-
torneys .maintain that the University is
a branch of the state, and therefore
Marwil's suit against the Regents and
three engineering professors is
prohibited by the Constitution.
MARWIL'S ATTORNEY, Jerold Lax,
claimed in an opposition brief filed last
October that the University should not
be equated with the state in this case
d because it has frequently fought for its
autonomy from the legislature in the
r past.
-
e SUMMER CAMPS
e ThAnn Arbor Y"is now accepting applications
for staff positions at the following camps:
Camp A.l-on.Qulan: A resident camp for boys
e and girls, located on Burt lake in northern
Michigan, June 23-August 10. Senior staff posi-
e tions, ages 18 and above, available in following
areas: horseback riding, sailing, canoeing, trips.
arts and crafts, archery, woodworking, land
d sports, swimming and waterskiing. Salary plus
room and board.
Camp Sirkett: A day camp for boys and girls,
located on Silver ake near Pinckney, June 16-
lt Aaugust 15. Senior staff positions. ages 18 and
t above, re available for candidates with follow-
F ing skills: archery, swimming, sailing, canoeing.
arts and crofts, and nature.
t Applications and additional information ea
rgr-ing positions at both. camps may be obtained by
contacting the Ann Arbor "Y". 350 S. Fifth
Avenue, Ann Arbor, or coil (313) 663-0536

If the case is not dismissed, the trial
could start this summer, according to
Lax and University General Counsel
Roderick Daane. Pratt said the starting
date will depend on how much time both
sides need in the evidence-gathering
stage.
Marwil, who has been off of the
University payroll since June, had been
on the engineering humanities faculty
for six years. Tenure reviews are
routinely granted for faculty members
who have been here that long.
Both the faculty Senate Advisory
Review Committee and the Senate Ad-
visory Committee on University Affairs
have supported Marwil's request for a
tenure review. Marwil exhausted all
channels for appeal within the Univer-
sity before he filed suit.

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after apartment,
By JOHN GOYER serious injury t
Thirty residents of the Tiffany apar- which took the
*ents have been forced to find new ac- beam. The three
commodations following a fire Monday resd
that "totally destroyed" at least six of According t
the building's 22 units. Wesley Prater,
* Damage to the building was
estimated at around $100,000 by Elaine trking deck a t
Daily, a spokeswoman for McKinley pa
Properties, which manages the mainbodyofth
bui:lding at 736 Packard. ALTHOUGH
NONE OF THE building's tenants was still uncer
was injured, source might ha
Three firemen, fighting the blaze wires that car
om the ground level parking deck, pipes in order
underneath the apartments, narrowly freezing in winte
escaped injury when the plaster ceiling leats ne previ
and a heavy beam supporting the apar- esaidehowev
tments caved in, momentarily trapping ce sd, howeve
them under the debris. Fire Chief Fred ity code stands
Schmid said the firefighters escaped See APAR

fre
hanks to a parked car,
e force of the falling
were treated for minor
n area hospital and
o city fire inspector
the fire may have star
es space between the
t ground level and th
e building above.
THE cause of the fir
rtain, Prater said, one
ve been "heat tapes" -
rry electricity aroun
to keep the pipes frorr
er.
seat tapes had caused a
ous fire in the building
er, that the building me
rds.
RTMENT, Page 11

CHIROPRACTIC CAN HELP yOU
CHIROPRACTIC HEALTH CARE HAS PROVEN IN-
VALUABLE TO SUFFERERS FROM ALLERGIES,,
ASTHMA, COLDS, HEADACHES, ARTHRITIS, NER-
VOUSNESS, SCIATICA, AND SO ON.

Three students among
l3 Council candidates

By PATRICIA HAGEN
A total of 13 candidates - including
three University students - are
organizing campaigns for five City
Council seats up for grabs in the April 7
general election.
.Incumbents are running for re-
ction in four of Ann Arbor's five
rds. Primaries will be held Feb. 18 to
determine the Republican candidate in
the Fifth Ward and the Democratic
candidate for the Second Ward. The
deadline for filing petitions was Dec. 31.
IF UNIVERSITY junior Stacy
Stephanopulos defeats incumbent Earl
Greene in the Democratic Second Ward
primary, she will. be campaigning
against the Republican challenger Toni
Burton, also a junior at the University.
In the Second Ward in 1973 Democrat
arol Jones-Dwyer was the last

University undergraduate to win a seat
on the eleven-member council. Studen-
ts comprise about 80 per cent of the
population in the Second Ward, which
includes the Hill area dormitories and
Bursley Hall.
Stephanopulos said yesterday she
will concentrate on getting more
students involved in city politics. Her
primary opponent is Councilman Earl
Greene who is trying for his third term.
Greene, a music teacher in the Willow
Run Schools, will emphasize the issues
of housing, tenant safety, and the
budget when he begins campaigning in
the dormitories this weekend.
BOTH STEPHANOPULOS and
Greene will emphasize voter
registrationwto ensure student turnout
on election day.
See THREE, Page 6

FILMS
Ann Arbor Film Coop-Rules of the Game, 7 p.m., La Ronde,
9 p.m., Nat. Sci. Aud.
Washtenaw Count Committee Against Registration and the Draft,
Youth Against War and Fascism-Temptation of Power, film on Iran,
8 p.m.; Assembly Hall, Michigan Union.
School of Public Health-What Price Health?, 12:10 p.m., SPH II.
MEETINGS
Michigan Christian Fellowship-7 p.m., Union. Check at main en-
trance for exact location.
Ann Arbor Advocates for Safe Alternatives in Childbirth-"Child-
birth in Hospitals Today," 7:30 p.m., Wesley Foundation Lounge, 602
E. Huron.
Project Outreach-Mass meeting, 7 p.m., Hill Aud.
Arbor Alliance-Meeting, 7:30 p.m., Anderson Room, Union.
SPEAKERS
Cellular and Molecular Biology-Frank Ruddle, Yale University,
"Gene Transfer in Eukaryotes," 4 p.m., North Lecture Hall.
MISCELLANEOUS