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Narcotics Evidence Is Claimed IllegalCHARLESTON. W. Va. (UPI) Elby'* to use these tradenames —The state Supreme Court was In return, Frisch s was to re-petitioned by an Ohio County lt;0jve 2 *« ppr pe' f i,s Rro^s _ , . sales per month. With a month-man Tuesday to squash war-|y minimum of $150 Thp con.n.nts for his arrest on d r u g,tract became effective .lan. 1, charges because they were ob- 1969 and was to end Dec. 31, tained on illegal evidence. 1973.The case was brought by Jo- Elby’s, according to the peti-seph Kulpa, who was arrested tion. breached the contract in June 29 for possession of a con- July. 1971 when it informed trolled substance. Kulpa was Frisch's that it would no longer taken into custody on the testi- honor the pact. No fees have mony of out-of-state undercover been paid from Elby’s to agents hired by the City of Frisch's under the contractj Wheeling. since July 15. 1971, the pititionThe petition argued the said, agents, employes of the Ohio Frisch's which is asking for bi.sed Multi-State Unit. Inc., $200,000 for breach of contract had no authority to enforce and accrued indebtedness and West Virginia law. $50,000 for punitive damages.Ohio Circuit Judge Callie asked the circuit court to issue Tsapis ruled last week the use the injunction prohibiting Elby's of the agents was illegal b u t use of the tradenames while said the same facts probably the breach of contract trial is would have been uncovered by pending. The circuit court over-anyone else undertaking sur- ruled the motion, contending veillance at the Ohio Valley (that it must be made a part Yacht Club, where Kulpa alleg- of an evidentiary hearing with edly was spotted with drugs. the trial.The judge held that the two Named as defendants in the warrants sworn out by agents case were Elby's Family Rcst-against Kulpa were valid be-aurant of Steubenville. Inc.. of cause they contained the neces- Cambridge; the Park Corp. of sary facts and circumstances,Chio; Elby's Wheeling. Inc.: and showed probable cause. Elby's Commissary. Inc., and Kulpa. who had asked the Boury Inc.. which operates the circuit court to prohibit Justice Elby's restaurants, of the Peace Jack Rothbart Other petitions filed with the from hearing the case, said thejcourt:illegal use of agents prohibits —Charles Carper, who con-the use of the information in lends he is being held illegally the warrants. He contended the in the Taylor County Jail he matter was analagous to wire- cause he was denied the right tapping to appeal his conviction in Bar-In another appeal of an Ohio hour County for child molesting. County Circuit Court ruling. Carper, who is 15 years old. Frisch’s Restaurants. Inc. of is being held in jail pending St. Clairsville. Steubenville and his transfer to the Lakin State Cambridge. Ohio, asked the Su- Hospital. His petition said hipreme Court for a temporary court-appointed attorney cnter-injunction against Elby’s Fam et! a plea of guilty to the charge ily Restaurant of Steubenville, but he was never asked il he Frisch's asked that Elby’s be voluntarily entered that plea, prohibited from using the trade —David Preston Calaway. who name of * Big Boy” and “Braw- was sentenced to 15 years in ny Lad” and other logos estab the state penitentiary upon con lished by the Ohio firm, viction of armed robbery at the In its petition. Frisch's said Chapline Arms Hotel in Wheel an agreement had been reach- ing. A previous petition tiled eo between the two restaurants by Calaw ay was turned down on Apirl 4. 1969 which allowed by the court on July 9.
Newspaper Details
Cumberland Evening Times
Cumberland, Maryland, US
Wed, Aug 01, 1973
Page 74
Full Page
Clipped by
Robert T.
NY, USA 07 Sep 2016
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