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FAI�: MGM <br />�y <br />BOOK'' 56 PAGE 782 .: <br />anti-trust law on county and municipal operations will be much <br />larger than the effect of civil rights liability under Section <br />1983. Currently there are between 300 to 400 anti-trust. lawsuits <br />pending in federal court. Many times these lawsuits result in <br />settlements because the municipality or county involved cannot <br />afford the tremendous legal expenses and potential of a triple <br />damage judgment.,* <br />The first day of the NACo seminar involved a day -long presentation <br />of issues involved with anti-trust law. I have also ordered a <br />paperback book entitled "Swords and Shields" that has been <br />published by the Tennessee Valley Authority with respect to the <br />liability of public utilities. I anticipate this will be available <br />in my office in the near future should you desire to delve into <br />this issue more deeply. <br />Commissioner Wodtke reported that he and the County <br />Attorney attended the National -Association of Counties <br />Conference in Washington where the key issue addressed was <br />county liability under federal anti-trust laws. Recently, a <br />private developer received a•$2-8.5 million judgment against <br />Lake County, Illinois, and the Village of Grayslake, along <br />with several local elected officials over a dispute <br />involving the extension of sewer lines. The Mayor of <br />Houston, Texas, was held liable for a comment made during <br />another anti-trust trial. Anti-trust laws provide for the <br />recovery of treble damages. <br />Vice Chairman Lyons recommended that the Commission <br />take action either through a Resolution or through <br />individual letters to our -congressional delegates asking <br />that they expedite the passage of H.R. 3361, introduced by <br />Representative Hamilton Fish, or perhaps another bill which <br />might better suit our needs, and which takes under <br />consideration the following three factors NACo considers <br />extremely important: <br />1) To exempt counties.f:rom anti-trust statutes with <br />immunity equal to that enjoyed by the states; <br />2) To provide immunity for all actions, governmental <br />and proprietary, so long as the county.government is <br />_ acting within state law; <br />3) To limit damages for those few activities which would <br />remain liable. <br />49 <br />