HDNS Settles Lawsuit Out of Court

The Harvard Delivery News Service (HDNS) and two freshmen reached an out of court settlement Wednesday night over compensation for undelivered newspapers.

Benjamin A. Zurier '83, said yesterday the HDNS agreed to pay him and his coplaintiff Elliot R. Royce '83, $15 for issues of the Boston Globe and The New York Times they never received, plus $10.80 in court fees.

Archie C. Epps III, dean of students, who oversees HDNS refused to comment on the the case yesterday. Mitchel W. Smith '81, manager of the service, could not be reached.

The case originally went before Middlesex County Small Claims Court March 6. When Smith, the HDNS representative for the case, failed to appear, Zurier and Royce won by default. Smith appealed and was to appear at an appeals hearing yesterday morning.

Belong

Smith, however, called Zurier and Royce Wednesday night, agreeing to their terms of reimbursement, Zurier said.

Royce said yesterday he feels Smith never intended to bring the case before the appeals court, and was "buying time to make an out of court settlement."

Zurier called the settlement a precedent which will "show other students with complaints against HDNS that they can get back what is coming to them."

"If Smith is any kind of a businessman, he will reimburse all other students who have not received their papers," Zurier said, adding that "now the HDNS knows that students will not accept poor delivery."

Jeffrey B. Matthews '81, and Daniel C. Esty '81, will represent a group of Winthrop House students with similar complaints against HDNS in small claims court April 11.

Matthews said yesterday Smith has not contacted him concerning an out of court settlement, adding, "all we want is our money back and consistent delivery in the future."