Hage A3 (Clje JJprtU nù CObserUer Miss Botswana Crowned Miss Universe Kroger Approved to Buy Fred Meyer b Must Sell 8 Stores Kroger Co., the nation’s largest supermarket chain, won U.S. Federal Trade Com m ission approval to buy rival Fred M eyer Inc. for $ 13.5 billion after agreeing to sell a total o f eight stores in Wyoming, Arizona and Utah. The com panies expect to close the acquisition today. The com bina­ tion, announced in O ctober, will give K roger 2,200 stores spanning 31 states from G eorgia to A laska, with com bined 1998 sales o f $43 billion. Kroger, whose roots date back to 1883, now adds the Sm ith’s Food & Drug Stores banner to its Kroger and Ralphs chains. The grocer expects to cut costs by as m uch as $225 million a year to help stay ahead o f fast­ grow ing rivals Safew ay Inc. and A lbertson’s Inc. and discount retail­ ers such as W al-M art Stores Inc., which are stocking more groceries. “The synergy num bers are better than we thought,” said M ark Husson, a M errill Lynch analyst w ho rates K roger a “one- buy." T he store sales are about h alf w hat he expected. K roger and Fred M eyer m ust sell stores in Prescott, Sierra V ista and Yuma, A rizona; Cheyenne, Green River and Rock Springs, W yoming; and Price, Utah. The FTC said the sales preserve com petition for food retailing in those markets. Shares ofC incinnati-based Kroger rose 3/8 to 54 9/16 in m idaftem oon trading. Fred M eyer, based in Port­ land, Oregon, rose 91 cents to 54 1/2. Kroger plans to exchange one o f its shares for each Fred M eyer share. Cost Savings K roger said it expects to save $75 m illion in the first 12 m onths o f the com bined co m p an y ’s operations, $ 150 m illion in the second year and $225 m illion in the third year. “K roger is confident that w e will achieve our projected synergies," said K roger C hairm an and C h ief Execu­ tive Joseph P ichler in a statement. The sale is being com pleted two months later than analysts expected, Husson said. The com pany said it expects the com bination to have no im pact on earnings per share in the first year, though it anticipates a boost thereaf­ ter. B eginning w ith 2000, K roger is B\ JAMES PILCHER A T L A N T A (A P ) — A u re lia D avis and her daughter LaShonda m ade it by the U.S. Suprem e Court. N ow com es the harder part: winning their lawsuit. T he D avises w on a landm ark d e­ cision against the M onroe County school system when the high court decided M onday that schools receiv­ ing federal funds can be sued in some cases in w hich a student sexually harasses another. D issenters on the court noted that the case has poten tially huge fin ancial ram ifications for schools acro ss the country. W ith the D avises’ lawsuit revived and heading back to a low er court, school officials remain confident they did nothing wrong in dealing w ith a m ale classm ate’s alleged harassment o f LaShonda. “The first I heard about it from Mrs. Davis was with a week left to go in school, and she said it had been going on since Christm as," Superin­ tendent Charles Dumas said. “So while w e’re disappointed in the ruling, we w elcom e the chance to tell our case.” Mrs. Davis suedthecounty school board and two officials over a five- m onth “barrage o f sexual harassment and abuse” her daughter LaShonda al legedly endured from a fellow fi fth- graderat Hubbard Elementary School in Forsyth, Ga., in 1992-93. The boy, identified in court p a­ pers as G .F., allegedly touched the girl’s breasts, rubbed against her sug­ gestively and repeatedly told her he w anted to have sex with her. The law suit states that LaShonda, now a high school junior, and her m other reported each incident to school officials but G.F. w as never disciplined. The boy pleaded guilty to sexual battery after Mrs. D avis com plained to the county sheriff. T he su it said the harassm en t caused L aShonda’s grades to fall and had a debilitating effect on her m en­ tally and em otionally. H er case was dism issed by the 11th U.S. C ircuit Court o f A ppeals, and appealed to the Suprem e Court. In its 5-4 ruling, the high court said that school officials can be held ac­ countable only when they know about and are deliberately indifferent to sexual harassment “so severe, pervasive and objectively offensive that it can be said to deprive the victims o f access to the educational opportunities or benefits provided by the school." Schools— from elementary to col­ lege — that accept federal m oney can Parents of Shaken Baby Seek Custody Rv JENNIFER BROWN C T h i A sso c ia tid Put» M ED IA , Pa. (A P) — A toddler w hose father is accused o f putting him in a com a will remain on a ventilator w hile a judge considers a governm ent request to gain custody o f the boy so he will be allow ed to die. Shirron Lewis, 20 m onths old, has been in a com a for m ore than a year. A uthorities say his father, Ronald Lewis, shook his child so violently that it left Shirron blind, d ea f and unable to sw allow on his own. Lewis is charged w ith attem pted m urder and pros­ ecutors say he w ill likely be charged with first-degree m urder if the child dies. H ow ever, D elaw are County officials w ant to have the child taken o ff o f life support, contending that he suffers from such severe injuries that doctors do not expect him to recover. Judge Joseph F. Battle has already denied a peti­ tion from county-appointed child advocate Barbara Scarlata that w ould have taken the boy o ff life sup­ port. T he ju d g e said the county m ust be granted custody first before Scarlata refiles her request. On W ednesday, Battle agreed to consider trans­ ferring custody from the parents, w ho oppose taking the child o ff o f the ventilator, to the county. Social w orkers and m edical experts testified about Shirron’s extensive injuries during a closed hearing. Shirron, w ho was bom prem ature, was rushed to a hospital in M arch 1998. Prosecutors said the baby was in the care o f a babysitter but contend Lewis caused the injuries. Lewis, 43, said he d id n 't cause the injuries and d o esn ’t know how they happened, according to his defense law yer, W ayne Punshon. Lewis, who at­ tended W ednesday’s hearing along with the child’s m other, is in jail. Lewis and Jackie Allen, 32, have said they believe only G od can end a person’s life and they do not w ant a court to decide w hat is best for their child. The couple, w ho are engaged and lived together at the tim e o f the incident, also have an infant. A nother custody hearing is scheduled for June 18. > T im M c D o n a l d © T he A ssociated P ress targeting per-share eam ings growth o f 16 percent to 18 percent annually. K roger said it will hold the No. 1 or No. 2 m arket share position in 33 o f the n atio n ’s largest m arkets, and w ill be a “m ajor presence" in 10 o f the 15 fastest-grow ing ones. Regulators “Consumers in Arizona, Wyoming and Utah can now be assured that they will continue to receive the benefits o f com petition— low er prices and good quality and selection — from super­ markets in their com munities,” said W illiam J. Baer, directorofthe FT C ’s Bureau o f Competition. The K roger-Fred M eyer acquisi­ tion is one o f tw o m ajor grocery com binations under FTC review. The antitrust agency is also scrutinizing a planned purchase o f A merican Stores Co. by A lbertson’s. A n a ly s ts a n d in v e s to r s sa y A lbertson’s m ight have to sell more than 100 stores. K roger and Fred M eyer “seem to have g o tten an ea sie r rid e th an A lbertson’s and A m erican Stores,” H usson said. Schools May Be Liable in Harassment C T he A ssociated P ress June 2, 1999 be forced to pay victims o f such harass­ ment, the court said, adding that the legal standard is high enough to keep children and parents from making a case out o f every playground taunt. The co u rt’s dissenters w ere not convinced. “A fter today, Johnny will find that the routine problem s o f ado­ lescence are to be resolved by invok­ ing a federal right to dem and assign­ m ent to a desk tw o rows aw ay,” Jus­ tice A nthony M. K ennedy wrote. M rs. D avis’ lawyer, V erna W ill­ iams o f the W ashington-based N a­ tional W om en’s Law Center, said the ruling put schools on notice to “ listen to your students and assist them before their learning environ­ m ent becom es intolerable. Set up guidelines, m ake them well-know n and respond to calls for help.” D um as said his district has al­ ready put stricter guidelines in place for docum enting harassm ent claim s and for handling such incidents. Mrs. D avis, w ho said her daugh­ ter was ecstatic at news o f the court victory, said the next step is “ to get with our law yers to figure out where to go from here.” Even if she and LaShonda even­ tually lose the case, getting this far has been w orth it, Mrs. D avis said. “T h at’s w hat makes me proud, is that w e w ere able to m ake a differ­ ence,” she said. Tnnidad (AP) — The three beauti­ ful women left on stage were from different continents, but they agreed completely on the final question: What lfMiss Universe became pregnant dur­ ing her reign — in violation o f the rules? Bend them, said Miss Spain, Diana N oguena. Ditto, said Miss Philip­ pines, M iriam Q uiam bao. Miss Botsw ana also agreed. But whereas her predecessors hem m ed and h aw e d , 1 9 -y ea r-o ld M p u le Kwelagobe (m m -PO O ’-leh tkweh- lah-HOH-beh) was proudly resolute. “Personally, I think it should not in any w ay interrupt her duties,” she declared to w ild applause from the Trinidadian audience. “ She should celebrate her fem ininity.” And thus did the lithe aspiring elec­ trical engmeer manifest the character­ istic that world boxing champ and Miss Universejudge E vander Holyfield said he was seeking: confidence. First runner-up w as Q uiam bao, a 23-year-old physical therapist who turned a fall in prelim inaries last week into a plus w ith a much-dis- cussed graceful recovery. Nogueria, a 24-year-old w ho w orks in the fash­ ion world, cam e in third. Miss Photogenic went to Miss Puerto Rico, Brenda Liz Lopez, 23, and Miss Congeniality to Marisa Ferreira, a 21- year-old student from Portugal. It had been a rollercoaster ride for the 83 contestants as w ell as for their Trinidadian hosts. The latter, delighted w ith the tre­ m endous exposure on live TV to 80 countries, turned the event into a c e le b ra tio n o f th e ir tw in -islan d n a tio n ’s c o s m o p o lita n so c ie ty , w hich borrow s from A frican, East Indian and British culture. Trinidad’s distinctive steel drum music throbbed in the auditorium, which was dec orated with the vibrant colors o f Trimdadian art. A troupe sporting feath­ ered costumes showed why Trinidad’s carnival is one o f the best in the world. Earlier W ednesday, pageant offi­ cials scram bled to prepare a new site for the post-pageant coronation ball as hundreds dem onstrated near the old site, where a w orker had been electrocuted to death M onday. After Kwelagobe was crowned by the outgoing M iss Universe, Trinidad’ s Wendy F itzwilliam, she said she wanted to follow her example in fighting AIDS. “ I com e from the area w ith the highest incidence o f A ID S in the w orld,” K w elagobe said o f sub-Sa­ haran Africa. She told reporters at a new s con­ ference that her first name means “bring the rain "— and that she hoped to do just that for her drought-plagued southern African homeland. “ W inning w on’t ju st change m y life, it w ill ch an g e B o tsw a n a ,” Kwelagobe said, hopeful that her vic­ tory w ould “open Botsw ana to the w orld" and bring in developm ent and investment. Kwelagobe described herself as “very focused, determined and ambitious." She has studied subjects alien to m ost African w om en — pure elec­ tronics, physics, chemistry and m ath­ ematics. Y et pregnancy, she said, explaining her winning answer, is “w hat it’s all about: celebrating women, celebrating our fem ininity.” It’s not so clear that pageant offi­ cials w ouldagree with her views. Ear­ lier in the week Miss Guam, Trisha H eflin, was disqualified and sent home, with pageant officials saying she was pregnant. Her promoters later insisted she was merely ill. ‘Thrill-Kill’ Defendant Found Guilty A second de fendant has been found guilty in an early morning double­ m urder on a beach. The judge re­ jected 24-year-old Bradley Price’s argument that he did as much as he could do to stop a friend from shoot­ ing two people in a random murder two years ago. Price’s friend, Jesse McAllister, has confessed to pulling the trigger. But Judge Philip Nelson says Price was an active participant in the deaths o f Brook Goza and Kacy Nimz. Price could get life without parole for two counts o f aggravated murder. The victims’ relatives say there’s some consolation in the fact that Price and Jesse M cA llistercanno longer threaten the community. Diabetes & High Blood Pressure: What Every Person with Diabetes Needs to Know Saturday, June 5,1999 9:30-11:30 a.m. Legacy Emanuel Hospital & Health Center 2801 N.Gantenbein, Portland Lorenzen Conference Center Auditorium FREE—Preregistration is required. Call (503) 335-3500 to register. Many people with diabetes have high blood pressure. Even mild elevations in blood pressure can increase the risk of heart disease, stroke, and eye and kidney disease. Please join David Wakeling, DO, Julie Goodwin, PA-C, MHS, CDE, Chris Blem, PharmD, and Melissa Jacobson, RD, as they discuss: V what is it? what do the numbers mean? V how to lower blood pressure V diabetes & high blood pressure: * role of the diet special risks & considerations V medications FREE blood pressure screening will follow the program. Refreshments will be served. This program is co-sponsored by Legacy Diabetes Services and Legacy Heart Institute. Legacy H ealth System in cludes Emanuel H ospital & H ealth Center, Good Samaritan H ospital 4 M edical Center, M e rid ia n Park H ospital, M o u n t H ood M edical Center, V isitin g Nurse Association, and C are M a rk/M a na g ed H ealth ca re N o rth w est PPG ©1999 PEOPLE EXPOSED TO SECONDHAND SMOKE AT WORK ARE 34% MORE LIKELY TO GET LONG CANCER. AHDYOO NT THE LONG HONRS WERE KILLIHG Y00. Everyone deserves sm okefree air! Our efforts are not about blaming smokers, but are designed to protect the public and employees from secondhand smoke which causes cancer, heart disease, asthma and other preventable health problems If you are ready to quit smoking contact the Oregon Tobacco Quit Line at 1-877-270-STOP I Multnomah County Tobacco Prevention Coalition