Journal Gazette from Mattoon, Illinois • Page 1

f.lcl Tcca csfu Woman 'enseal' "Uattooo Ei Scbool students wit donated blood tohe btoofcnobSe Tuesday set good example older raidentt of Cm community would do weatofoQow." Cards' win! fe Bl AC, JLmrmmd MATTOON A Decatur woman Is' la "critical" eoodttkm at Bumham City Hospital In Champaign as a result of a two-vehicle accident oa J. tt near Iatentate-S7 Tuesday. Tb woman, Cherts Flowers, had undergone surgery at the boapttal and la aow la the totenshro can unit She had been transferred there from Sarah Bush Lincoln Health Center because of head and cheat Injuries suffered hi Just before boob Tuesday, was Mark A. Cook of Lovtngton. He apparently did not require medical treatment.

T.r-;,j Flowers had been pinned Inside her foreign compact for approximately 45 minutes while tbe.Mattoos lira Department Rescue Squad wetted to to extricate her. According to the Mattooa Police the accident occurred as Cook was exiting 1-67 on a ramp. Cook was northbound on U.S. 45. Central Emoto: Windy and the accident today, cloudy with a 30 percent chance of Bornmg showers, partly sunny this afternoon, high la the upper 49a or lower Ms.

Pair and colder Wednesday sight with frost or freezing temperatures, low in the upper Ms. Mostly sunny and not quite as cool Thursday, Ugh la the SOs. Also Involved la 0m collision, which occurred Cc66 nOmnnrrnnfl (teWiii lllnMHIWll! Cclc-cr 23, i32 MATTOON, ILLINOIS 108th Yoar-NO. 234, 25 Cents i By CRAIG SANDERS Staff Writer CHARLESTON A multi-million law suit has been filed' over a disputed Charleston Mafanrant David Jay Phlpps and Cheryl L. Buss-1 Phlpps filed Suit Tuesday in Coles County Circuit Court' against Jerry C.

NIkitas, the I Bank of Charleston the City of Charleston and Madison. Inc. Phlpps uf seeking $517,963.78 in actual damages and $4 million in punitive damages but have asked for judgements. When contacted Tuesday night, NIkitas said be bad not yet seen the suit and therefore could not comment on it He explained he was In Vermilion County all day Tuesday campaigning in his bid for a state senate seat The 25-count suit arose out of the constructing this year of a restaurant at 502 East Madison known as Porkie's of Madison Ave. The suit claims the Phlpps' entered with NIkitas on May 6 into a Joint business venture to construct the restaurant.

Among the charges made against NIkitas are: NIkitas promised the real estate on which the restaurant would be located would be owned Jointly by NIkitas and the Phlpps'. Instead, NIkitas became the sole owner in violation of the agreement. NIkitas represented himself to be a "man of great Wealth and property" who owned many large businesses in the State of Illinois, That NIkitas promised to provide capital and help secure credit, but was not able to contribute the amount of money promised nor procure the credit promised when the business venture agreement was made. The Phlpps' provided work, labor and materials to remodel the restaurant site. Though that work was performed without the express request of NIkitas, NIkitas should have known the Phlpps' expected to be paid.

That NIkitas entered (he Joint business venture with the intent to deceive and defraud the Phlpps'. That the Phlpps' left their normal and usual occupation to persue the joint business venture with NIkitas. An entity known as Madison Inc. was created to operate Porkie's, but the Phlpps' were never issued stock in the corporation as agreed. The suit alleges the Phlpps' did not realize they had not been issued stock in Madison Ave.

Inc. until Sept. 9. The Phlpps' claim they asked NIkitas on Oct. 18 to consent to reformation of the deed 4 the lavd on.wWch tM bu NIkitas refused, -1 Phipps asks In count 17 and Buss-Phlpps In count 18 that reformation of the deed be ordered.

Counts 19 and 20 ask that corporate documents creating Madison Inc. be reformed to include Phipps and Buss-Phipps respectively as stockholders. The case against the City of Charleston Involved a class A liquor license granted to Porkie's. The suit contends David Philips provided the application documents to NIkitas. The license was subsequently issued to Madison Inc.

The Phipps' contend the liquor license fails to state its intended purpose. The Phipps are asking for reformation of the liquor license. The suit says David Phipps and Niktas signed a note at the Bank of Charleston borrowing to purchase Bill's Bottle Shop, the business located at 502 East Madison prior to Porkie's being opened there. The court is asked to define the status of the parties with regard to the note. David Phipps is also seeking a court declaration he is an accommodation marker to the loan note'.

7m from NIkitas. Buss-Pbipps is seeking $276,848 In actual damages and $4 million in punitive damages from From Madison Inc. Phlpps Is asking $77,1 96 In special damages or If specific damagesjycan'V be granted, the -sum of 100,000 Buss-Phlpps is seeking from MadUoof Ave $19,731 In special damages or If specific damages can't be granted, the sum of $100,000. Neither of- ttaf-Phlpps1 St? seeking monetary damages from the bank of the city, i 1 uiifflTtti nwtnfiitr nnMtlnn and Jerry iSJikitas of his 't Hostage crisis7 aLLSTROM By JERRY Staff Writer Watch out frost for If Hamilton Jordan at Eastern Illinois University Tuesday night CHARLESTON The. year-long hostage crisis was a "hellaclous" period, a top aide to President Jimmy Carter said Tuesday night An affable Hamilton Jordan told a less than capacity crowd at Eastern Illinois University the tragic rescue attempt that, killed eight service men was "the only option we had to resolve the problem." Jordan, Carter's chlef-of-staff, said Carter could have "gotten even" with the Iranians for seizing 53 Americans by bombing Iran.

But he said such action would have produced short-term gains and long-term misery for the United States." Americans, be said, showed patience when the hostages were taken, and for some time afterward. As time dragged on, though, they began to feel Impotent as negotiations to gain the hostages'; release were fruitless. 47" "I can assure you we felt the same way In the Carter White House, with the difference that we had tbrresponsibility of those 53 people on our shoulders on president Carter's shoulders," Jordan said in bis soft Georgia accent Carter's only two goals were to make sure the notwa's honor; Was not com-" promised and to bring the hostages home. Jordan feels both were accomplished. "We never apologized as he (Khomeini) demanded.

We never extradited the sbah as he demanded. We never paid a penny of ransom," said Jordan, who himself negotiated secretly with a top Iranian official to arrange the hostages' release. "Those negotiations turned out to be In vain and the final tumultous year of Carter's term are the topics of Jordan's newly released book "Crisis. The Last Year of the Carter Presidency." Initially, the Joint Chiefs of Staff told Carter that a rescue mission would he Impossible, But as time wore on, and CHARLESTON Area resident may wake up to the first frost of the fan Thursday momtng. Temperatures today should only reach shout 50 degrees with tonight tow expected near 30.

"It's the average Mmo of the C-" weather observer Dallas Price said Tuesday. got a pretty good chance for frost Thursday morning. It's not unusual. Oct 16 through 19 Is the sverage time for frost In this area. The colder temperatures follow a rainy Tuesday when Price recorded of an inch of rain In Mattoon, the Central Illinois Public Servlc Company weather station recorded 1.11 Inches of rain.

tte rsliis foiizi ziTS streets when storm sewer Intake outlets were unable to accomodate the deluge fast enough. 4 tn a weatherwlated incident' Tuesday, the rural Mattoon residence of Edward R. nilman was struck by lightning. added. On third-party presidential candidate John Anderson: "I personally thought John Anderson was a fraud.

He was a man who was a conservative Republican, i :id.iihenT.p appealing to liberal Democrats." I 1 Information about those holding the hostages improved, a rescue attempt was thought to have a chance at success. Jordan was in the Oval Office when Carter gave the order to abort the mission, because several helicopters, maHuftctiorfed. The worse news was yet to come. Two minutes later, Carter picked up a telephone "and his face went ashen." The president was told that several Americans had been killed, a fact he was unaware of when he scrapped the mission. Jordan, who lives in Lawrencevhle, and teaches at Emory University in.

Atlanta, made a number of other observations: 7 On Sen. Ted Kennedy: "I never begrudged Sen. Kennedy running against us (In the Democratic primary). But after we had a firm grip on the nomination he He has no political ambitions himself. "The voter; will never have a shot at me." On the prosecution of draft resisters: "We Just can't have the luxury In this country to pick and choose which- laws we're going to enforce." Carter, he said, would have prosecuted draft resisters.

On the power of the United States: "There is no doubt over the past 30 years that our nation has lost some of its power and clout," he said. "I believe we have not lost our relative position of influence In the world." Jordan said there are ho issues with clear-cut solutions anymore. That makes the politicians' life harder. And he sees the gap between the rich and poor growing wider in a world that will experience a population explosion by the year 2000, That will increase the chances for war in the future, a prospect that frightens Jordan. On his purported use: "I never used drugs and never will use drugs." In his book, lie also denies looking down the dress of the Egyptian ambassador's wife and other accusations that made him "a very controversial fjgure and ultimately a political liability to President Carter." On the future of the Democratic Party: "I'm not very optimistic that we'll recapture the White House in '84.

I hope we do, but I'm not sure we will." He wouldn't predict who the Democrats would nominate. But whoever runs should stay as far away from traditional liberal Democratic rhetoric as possible. The wacssh Fire Protection District was summoned to the should have gotten out." Kennedy's candidacy tore apart the party and hurt Carter's chancei-of getting re-elcted, he home, located on South 33rd 8treet Road, at 10:33 a.m. and took about two hours to contain the ensuing fire. According to a Are district' spokesman, the fire caused moderate" damages.

There were no Injuries. 'IK 15 adults, five children fly out of Poland 69-12 B4 A4 B9 CI El A1-3 AS Claiilfled Comics Editorial Entertainment Family Record Sports Women tween riot police and workers who struck for two days In Gdansk. Six of the Poles are experienced pilots, officials said. It was not known from where the state-owned agricultural spraying plane took off. The airport police spokesman would only say it flew from "somewhere in northern Poland." Malmo, An airport police spokesman said the adults were members or former members of Solidarity.

There were eight seven men, a teenage boy and four girls aboard. None were identified, itfl J1 'Vt They were questioned Immediately by' authorities and. had asked for asylum. Political asylum is generally granted in Sweden if there is a danger the applicant would face political persecution if returned to his homeland. Officials said the group had begun thinking about leaving Poland six months ago but only decided to leave last week following renewed street violence be MALMO, Sweden (UPI) Fifteen adults affiliated with the outlawed Solidarity trade union Tuesday stole a state-owned crop duster (In Poland, skimmed across the Baltic to Sweden and sought political asylum, officials said.

Five children also were aboard the single-engine plane that landed at 7 p.nw (2 p.m. EDT), at Sturup airport outside.