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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (May 15, 2015)
Page 2A NORTHWEST East Oregonian Friday, May 15, 2015 Court overturns $85 million award for Oregon soldiers By STEVEN DUBOIS Associated Press PORTLAND — The 9th U.S. Circuit Court of Appeals overturned an $85 million jury award to a dozen Oregon National Guard soldiers who VDLGWKH\ZHUHVLFNHQHGIURPJXDUGLQJ a water treatment plant during the Iraq War. The military contractor Kellogg, Brown and Root successfully argued that Oregon was not the proper juris- diction for the case. KBR is based in +RXVWRQ DQG VLPLODU FDVHV ¿OHG E\ soldiers from Indiana, West Virginia and South Carolina are pending in federal court there. “We are thrilled with the result; it is WKHULJKWUHVXOWDQGZHORRNIRUZDUGWRD successful conclusion to this and all the legacy tort claims that relate to KBR’s ZRUN VXSSRUWLQJ WKH 86 PLOLWDU\ LQ Iraq,” KBR attorney Geoffrey Harrison said by phone Thursday. The three-judge panel heard oral arguments May 4 in Portland and came EDFNZLWKDVXUSULVLQJO\IDVWGHFLVLRQ The brief opinion only addressed the question of jurisdiction, and it found DQLQVXI¿FLHQWOLQNEHWZHHQ.%5DQG Oregon. The opinion mentions two possibil- ities for what comes next: Either the FDVHLVGLVPLVVHGDQGWKHQUH¿OHGLQDQ appropriate venue, presumably Texas, or it’s simply transferred there. 7KHSODLQWLIIVFRXOGDOVRDVNWKHIXOO court to review the case. 0LNH 'R\OH WKH OHDG DWWRUQH\ IRU WKH VROGLHUV VDLG KH ZLOO WDNH D IHZ days before deciding the next step. He said KBR was fully able to defend itself in Oregon, so it was tough to lose on jurisdictional grounds. to sodium dichromate, a corrosive VXEVWDQFH XVHG WR NHHS SLSHV DW WKH water plant free of rust. Moreover, they feared a carcinogen found in sodium dichromate could cause cancer later in life. .%5 ZLWQHVVHV WHVWL¿HG WKDW WKH soldiers’ maladies resulted from desert air and pre-existing conditions. And even if the soldiers were exposed to sodium dichromate, they weren’t around enough of it, for long enough, to cause serious health problems. 5RFN\ %L[E\ RQH RI WKH 2UHJRQ soldiers, said his health hasn’t improved since the 2012 verdict. He said he has FRXJKLQJ ¿WV OXQJ SUREOHPV GHSUHV- sion and post-traumatic stress disorder. “We beat them in federal court on the AP Photo/Rick Bowmer, File merits of the case and now we have to In this 2009 file photo, Iraq veteran Larry Roberta looks down during retry it again,” he said. “It’s frustrating his testimony before the House that the appellate court basically threw Rules Committee at the Oregon out our whole case.” Capitol in Salem, about his expo- The case has been going on since sure to a chemical called sodium ³, GRQ¶W NQRZ KRZ PDQ\ RI XV dichromate, which contains a po- will survive to the end of this, but we’ll tentially cancer-causing substance. push through and see what happens,” “But that’s the law,” he said. “We’ll Bixby said. The military contractor has had follow the law; we’ll follow the rules. more legal success in its home state That’s what we do.” A federal jury in Portland found than in Oregon. The Texas federal court KBR guilty of negligence after a granted KBR’s request for summary WKUHHZHHN WULDO LQ ODWH (DFK RI judgment on several matters in the the 12 soldiers was awarded $850,000 case involving Guard troops from other in noneconomic damages and $6.25 states, including whether KBR was negligent. million in punitive damages. That has left those soldiers with one U.S. District Court Judge Paul 3DSDN DFNQRZOHGJHG EHIRUH WKH WULDO pending claim, whether KBR inten- WKDWWKHORVLQJVLGHZDVOLNHO\WRDSSHDO WLRQDOO\LQÀLFWHGHPRWLRQDOGLVWUHVV “The Oregon plaintiffs should KBR reconstructed the water treatment center shortly after the VWDQG RQ WKH VDPH VKDN\ IRRWLQJ WKDW March 2003 invasion while National their claims deserve and that the other plaintiffs have, based on their legally Guardsmen defended the area. The soldiers said they had respi- and factually meritless allegations,” ratory ailments after their exposure said Harrison, the KBR attorney. Didn’t receive your paper?&DOO EHIRUHSP7XHVGD\WKURXJK)ULGD\ RUEHIRUHDP6DWXUGD\ for same-day redelivery — Founded Oct. 16, 1875 — 211 S.E. Byers Ave., Pendleton 541-276-2211 333 E. Main St., Hermiston 541-567-6211 2I¿FHKRXUV0RQGD\WKURXJK)ULGD\DPWRSP &ORVHGPDMRUKROLGD\V SUBSCRIPTION RATES /RFDOKRPHGHOLYHU\ 6DYLQJVRIIFRYHUSULFH (=3D\ SHUPRQWK SHUFHQW 2QH\HDU SHUFHQW PRQWKV SHUFHQW PRQWKV SHUFHQW ZHHNV SHUFHQW (=3D\ RQH\HDUUDWHZLWKDPRQWKO\FUHGLWRUGHELWFDUGFKHFNFKDUJH www.eastoregonian.com To subscribe, call 1-800-522-0255 or go online to www.eastoregonian.com and click on ‘Subscribe’ (DVW2UHJRQLDQ(USPS 164-980)LVSXEOLVKHGGDLO\H[FHSW6XQGD\0RQGD\ DQG'HFE\WKH(20HGLD*URXS6(%\HUV$YH3HQGOHWRQ25 3HULRGLFDOVSRVWDJHSDLGDW3HQGOHWRQ25Postmaster:VHQGDGGUHVVFKDQJHVWR (DVW2UHJRQLDQ6(%\HUV$YH3HQGOHWRQ25 Single copy price: 7XHVGD\WKURXJK)ULGD\6DWXUGD\ Copyright © 2015, EO Media Group SATURDAY SUNDAY A passing afternoon shower Mostly cloudy with a few showers Mostly cloudy with a shower 71° 52° 73° 46° MONDAY TUESDAY Couple of thunderstorms Mostly cloudy PENDLETON TEMPERATURE FORECAST 71° 47° 74° 50° 75° 51° HERMISTON TEMPERATURE FORECAST PENDLETON through 3 p.m. yesterday TEMPERATURE HIGH LOW 65° 71° 97° (1934) 41° 46° 31° (1916) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.00" 1.06" 0.53" 4.19" 6.13" 5.64" HERMISTON through 3 p.m. yesterday TEMPERATURE HIGH Yesterday Normals Records LOW 70° 73° 97° (1939) 43° 46° 30° (1964) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.00" 1.21" 0.53" 3.00" 3.77" 4.52" SUN AND MOON Sunrise today Sunset tonight Moonrise today Moonset today New First May 17 May 25 77° 49° 78° 50° Seattle 67/51 ALMANAC Yesterday Normals Records 74° 47° Full 5:25 a.m. 8:19 p.m. 4:06 a.m. 5:36 p.m. Last June 2 June 9 Spokane Wenatchee 73/50 78/55 Tacoma Moses 67/49 Lake Pullman Aberdeen Olympia Yakima 79/53 67/45 59/52 66/49 80/49 Longview Kennewick Walla Walla 63/51 72/52 Lewiston 78/52 Astoria 71/53 58/50 Portland Enterprise Hermiston 67/52 Pendleton 53/42 The Dalles 76/51 71/52 71/53 La Grande Salem 62/48 66/47 Albany Corvallis 65/47 66/47 John Day 57/45 Ontario Eugene Bend 63/50 64/46 61/35 Caldwell Burns 61/49 55/39 Medford 66/46 REGIONAL FORECAST Eastern Washington: Clouds and sun today; a passing shower near the Idaho border and in the mountains. Cascades: Variable clouds today. A passing shower in the south; pleasant across the north. Northern California: Sun today. Snow showers in the morning, then showers in the interior mountains; a shower in central parts. To submit sports or outdoors information or tips: VSRUWV#HDVWRUHJRQLDQFRP Real Estate Advertising: Jodi Snook MVQRRN#HDVWRUHJRQLDQFRP COMMERCIAL PRINTING Production Director Jake Duquette MGXTXHWWH#HDVWRUHJRQLDQFRP W pc sh c c sh sh c c c sh sh sh c sh pc pc sh pc c pc c pc pc c pc c pc Today Beijing Hong Kong Jerusalem London Mexico City Moscow Paris Rome Seoul Sydney Tokyo Hi 60 63 61 59 62 53 64 65 76 60 64 65 60 72 55 59 70 78 73 65 65 65 70 60 65 73 80 NATIONAL WEATHER TODAY Sat. Lo 48 37 35 47 34 42 41 44 46 43 35 44 36 47 46 47 49 46 46 51 33 47 49 41 48 51 49 W c sh c c sh sh c sh c sh c sh sh c c c c c sh c c c pc sh c c pc Hi 78 91 77 63 73 57 62 77 73 65 80 Lo 51 82 52 53 57 43 44 57 50 58 66 W s pc s pc t r pc pc pc pc c Hi 84 90 83 63 76 53 64 72 74 67 77 Sat. Lo 61 83 58 45 56 43 46 58 48 57 65 W s sh s pc t r pc t s sh r WINDS Boardman Pendleton Today Saturday WNW 6-12 WNW 7-14 WSW 10-20 WSW 10-20 UV INDEX TODAY Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. Coastal Oregon: Intervals of clouds and sunshine today. Partly cloudy tonight. Rather cloudy tomorrow. Eastern and Central Oregon: A couple of showers today, except dry near the Cascades. Western Washington: Partly sunny today. Partly cloudy tonight. Mainly cloudy tomorrow. Lo 50 43 35 47 39 42 46 48 51 45 32 48 39 46 48 50 50 52 52 52 34 47 50 44 50 52 49 1 3 5 To submit engagements, weddings and anniversaries: HPDLOUVWUXWKHUV#HDVWRUHJRQLDQFRPRUYLVLWZZZHDVWRUHJRQLDQ FRPFRPPXQLW\DQQRXQFHPHQWV Legal Advertising:$PDQGD-DFREV DMDFREV#HDVWRUHJRQLDQFRP WORLD CITIES (in mph) Klamath Falls 57/32 Hi 58 59 61 59 55 53 64 65 76 57 57 62 58 66 55 58 63 78 71 67 64 66 73 60 66 72 80 To submit community events, calendar items and Your EO News: HPDLOFRPPXQLW\#HDVWRUHJRQLDQFRPRUFDOO7DPP\0DOJHVLQL LQ+HUPLVWRQDWRU5HQHH6WUXWKHUVLQ3HQGOHWRQDW To submit a Letter to the Editor:PDLOWR0DQDJLQJ(GLWRU'DQLHO :DWWHQEXUJHU6(%\HUV$YH3HQGOHWRQ25RUHPDLO HGLWRU#HDVWRUHJRQLDQFRP Today Astoria Baker City Bend Brookings Burns Enterprise Eugene Heppner Hermiston John Day Klamath Falls La Grande Meacham Medford Newport North Bend Ontario Pasco Pendleton Portland Redmond Salem Spokane Ukiah Vancouver Walla Walla Yakima NEWS To submit news tips and press releases:FDOO ID[HPDLOQHZV#HDVWRUHJRQLDQFRP ClassiÀed Advertising: FODVVL¿HGV#HDVWRUHJRQLDQFRP REGIONAL CITIES Forecast TODAY Corrections The East OregonianZRUNVKDUGWREHDFFXUDWHDQG VLQFHUHO\UHJUHWVDQ\HUURUV,I\RXQRWLFHDPLVWDNHLQWKH paper, please call 541-966-0818. ADVERTISING Advertising Director: Jennine Perkinson MSHUNLQVRQ#HDVWRUHJRQLDQFRP v Multimedia consultants • Jeanne Jewett MMHZHWW#HDVWRUHJRQLDQFRP • Dayle Stinson 541-966-0806 • dstinson@eastoregonian.com • Terri Briggs WEULJJV#HDVWRUHJRQLDQFRP Subscriber services: For home delivery, vacation stops or delivery concerns: 1-800-522-0255 76° 46° ROSEBURG — Supporters of a garage-based gun store on Southeast Sharon Avenue in Roseburg came out in force Monday night to defend the business against accusations that it drives up WUDI¿FRQWKHRWKHUZLVHTXLHW street. The Roseburg City Council spent nearly two hours hearing from supporters of KC’s Exchange, a gun store owned and operated out of the home of an elderly couple, who decried anonymous complaints that led the city to issue an abatement in May last year. The city contended that, in addition to four complaints, the gun store also violated city land-use codes about running a business in a residential neighborhood. The supporters Monday QLJKW EDONHG DW WKH LGHD WKDW WUDI¿FZDVDQLVVXH “I go down that road six times a day. There’s never a WUDI¿F SUREOHP´ VDLG *DU\ Leif, a downtown business owner who owns three prop- erties near KC’s Exchange. Leif said he wasn’t aware a business was even being run there, despite having lived in the area for seven years. “A friend said to me, ‘Have you been to KC’s Exchange?’ and , VDLG µ, GRQ¶W HYHQ NQRZ what that is.”’ KC’s Exchange, owned by Ken and Carolyn Kellim, has been doing business on Southeast Sharon Avenue since 2013. The couple had been in the gun-selling busi- ness since 1995 but shuttered WKH ¿UVW VWRUH RQ 6RXWKHDVW Stephens Street in 2003 when Carolyn Kellim decided she wanted to spend more time at home. The couple reopened the shop after spending $5,000 WRUHWUR¿WWKHJDUDJHWRWXUQLW LQWRDIXOO\VWRFNHGJXQVWRUH Addington tells the Klamath Falls Herald and News that 11 of the project’s 15 irrigation districts have already shut down. In drought years, Endangered Species Act demands for protected VXFNHU¿VKDQGVDOPRQPHDQOHVVZDWHU for farms on the project. +HDOWKZDVWDNHQWRMDLO7KXUVGD\DIWHU he was arrested on one count of public Health care executive indecency. The jail website lists Cagen’s bail charged with public at $5,000 and says his initial court indecency appearance is Friday. SALEM (AP) — Police arrested 2I¿FHUVIRXQG&DJHQDW:RRGEXUQ a health care executive accused of Health Center after a witness provided PDVWXUEDWLQJLQDFDUSDUNHGRXWVLGHD them with a vehicle description and Bi-Mart store in Woodburn. license plate number. $FLW\VSRNHVPDQVDLG5LFN&DJHQ Cagen turned 64 years old on the president and CEO of Silverton Wednesday. KLAMATH FALLS (AP) — Farmers on a federal irrigation project straddling the Oregon-California border will get less than half the water they would expect in a plentiful year. Greg Addington, executive director of the Klamath Water Users Association, VD\VWKH\ZHUHQRWL¿HGWKLVZHHNE\WKH U.S. Bureau of Reclamation that the PRXQWDLQVQRZSDFNLVUDSLGO\GHFOLQLQJ and estimates of water availability have dropped. A month ago, the drought was expected to result in 60 percent of full water deliveries this summer. Now, that will be about 45 percent. Carolyn Kellim, 86, who esti- mates she sold 600 guns last year, said that the store gives her purpose in her retirement years. “I’m not ready to die. The SHRSOH ZKR WDNH RII DQG OROO around in the sun don’t live very long,” she said. However, the city had received complaints that the business was inundating the quiet neighborhood with WUDI¿F D FODLP WKH FRXSOH and supporters deny. On May 19, 2014, the city issued an DEDWHPHQW QRWLFH DVNLQJ WKH store to end its retail business, which the couple appealed 10 days later. The two sides convened in November 2014 and agreed that if the gun store would limit business to three customers per day — an idea reportedly hatched by KC’s Exchange and its legal team — it could operate quietly in the neighborhood. Christo- pher Peterman, the Kellim’s lawyer, said they were under the impression the deal was IRU WKUHH ¿UHDUP SXUFKDVHV per day, not three customers total. “What I suggested on behalf of Mrs. Kellim was that we would limit the live persons to three per day. , WKLQN ZKDW ZDV ORVW LQ translation was that we didn’t anticipate that meant we ZRXOGFORVHWKHGRRUDQGORFN out anyone who showed up,” Peterman said. “What we anticipated is that we would try to limit the sales and the IRRW WUDI¿F E\ NLQG RI PRWL- vating individuals to come. We didn’t anticipate that if someone showed up later in the afternoon we’d have to ORFNWKHPRXW´ City Manager Lance Colley said the business could operate as long as it honored the three-customer limit, as well as advertising the business as “by appoint- ment only.” By TROY BRYNELSON Roseburg News-Review BRIEFLY Klamath farmers take another hit on irrigation 76° 51° Roseburg council holsters decision on garage gun store 5 3 1 8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m. 0-2, Low 3-5, Moderate 6-7, High; 8-10, Very High; 11+, Extreme The higher the AccuWeather.com UV Index™ num- ber, the greater the need for eye and skin protection. Forecasts and graphics provided by AccuWeather, Inc. ©2015 Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. -10s -0s showers t-storms 0s 10s rain 20s flurries 30s 40s snow ice 50s 60s cold front 70s 80s 90s 100s warm front stationary front 110s high low National Summary: Rain will push eastward across the Great Lakes today with spotty showers in the South. Locally strong storms will affect parts of Oklahoma and Texas. Showers and storms are in store for the West. Yesterday’s National Extremes: (for the 48 contiguous states) High 95° in Andalusia, Ala. Low 23° in Saranac Lake, N.Y. NATIONAL CITIES Today Albuquerque Atlanta Atlantic City Baltimore Billings Birmingham Boise Boston Charleston, SC Charleston, WV Chicago Cleveland Dallas Denver Detroit El Paso Fairbanks Fargo Honolulu Houston Indianapolis Jacksonville Kansas City Las Vegas Little Rock Los Angeles Hi 63 78 66 77 61 81 61 68 80 86 76 80 79 65 75 81 79 67 83 85 81 81 76 67 85 69 Lo 42 67 61 60 46 66 48 53 63 62 60 61 66 42 62 60 47 55 70 72 65 67 63 52 68 56 W t c pc s t c t pc c t pc pc t t r pc pc pc s t pc t t c t r Hi 59 83 75 87 50 81 65 73 83 85 78 80 81 61 81 76 73 78 83 87 78 83 76 77 83 70 Sat. Lo 42 68 68 67 39 67 48 56 66 64 63 64 68 41 65 52 44 59 69 74 65 66 65 58 70 59 W t t pc t r t sh sh pc pc t pc t t c s pc t s t pc pc pc pc c pc Today Louisville Memphis Miami Milwaukee Minneapolis Nashville New Orleans New York City Oklahoma City Omaha Philadelphia Phoenix Portland, ME Providence Raleigh Rapid City Reno Sacramento St. Louis Salt Lake City San Diego San Francisco Seattle Tucson Washington, DC Wichita Hi 88 85 87 71 71 85 82 74 78 78 75 74 68 74 81 61 55 70 83 61 66 63 67 75 80 79 Lo 69 71 77 55 60 66 74 60 65 63 61 59 48 53 61 47 44 51 69 46 59 52 51 55 66 64 W pc c pc pc pc pc t pc t t pc t pc pc pc t sh pc t t r pc pc t s t Hi 83 81 87 72 83 79 83 82 75 77 86 75 61 75 87 72 65 73 82 60 66 64 61 72 88 74 Sat. Lo 69 70 77 57 66 67 76 68 63 63 69 61 50 58 63 44 45 49 70 48 59 52 50 54 71 62 Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow flurries, sn-snow, i-ice. 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