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Tuesday, Feb. 4, 1997

Disappearing defendant

hunted while trial opens


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By PEGGY McCRACKEN
Staff Writer
PECOS, Feb. 4, 1997 - Two criminal defendants stood up Senior Judge
Lucius Bunton Monday, and that's a "no-no." Now they're federal
fugitives.

Thomas Brient Sykes, 28, of Van Nuys, Calif., failed to appear for trial
on a charge of possession with intent to distribute methamphetamine. He
was arrested Oct. 27, 1996 and indicted in November.

Israel Maldonado-Gonzalez, who gives addresses in El Paso, Dallas and
Smyrna, Ga., did appear for trial, along with his attorney, Gary Hill of
El Paso.

After a jury was chosen and instructed to return at 1 p.m. to begin the
trial, Maldonado left town.

Although the jury could hardly help but notice his absence from the
defense table, no mention was made that Maldonado was gone, nor that
Judge Bunton had issued a warrant for his arrest.

Testimony and final arguments were completed before noon today, and the
jury began deliberations.

Another set of jurors was to report at 1 p.m. for the trial of Pascual
Levario-Quiroz, 30, on charges of entering at a location not designated
as a port of entry and of bringing in a firearm.

A third count charges that Levario brought in the firearm while under
felony indictment in Brewster County for possession of drugs.

The Redford resident was born in Mexico but is a legal resident alien.
He was shot in the chest while fleeing across the Rio Grande from
Mexican state police on Nov. 5. Earlier in the day, Levario allegedly
shot and killed a rival drug dealer in Presidio.

He was treated in Big Bend Regional Medical Center in Alpine for the
gunshot wound. Upon his release, Border Patrol agents arrested him on
the illegal entry charge.

Upon indictment, Levario was transferred to the Reeves County Jail,
where he had previously been an inmate. He is credited with alerting
jail staff last week that three federal inmates in an adjoining cell had
escaped.

New McDonald's owner,

staff planning to increase

community involvement


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By ROSIE FLORES
Staff Writer
PECOS, Feb. 4, 1997 - Fast, efficient, friendly service is the main
priority the new owner of the Pecos McDonald's and his staff will be
striving for.

"Our number one concern is our customers," said Richard Castro, who
plans a Grand Opening for the local restaurant for Saturday, March 1,
with a special appearance by Ronald McDonald himself.

"He'll be here in Pecos at about 11 a.m. and then travel to Monahans to
visit the restaurant there," said Castro, who recently purchased the
Monahans McDonald's along with the one here, and owns numerous others in
the West Texas area.

Castro and his "team" have already been hard at work in Pecos.

"We've been canvassing the public, not just here at McDonald's, but out
in the community pinpointing the different challenges," said Castro.

Castro's team consists of general manager Jaime Paniagua, store manager
Irma Benavidez and her assistant, Bill Story.

Paniagua, the new general manager, has been with the McDonald's
Corporation since 1985. He is currently the manager of the Van Horn
McDonald's, as well as the Pecos restaurant.

Benavidez has been with McDonald's since 1989 having started as a
part-time employee. Her goals here are to better serve the customers and
be more aware of community needs.

She will be overseeing and working in all aspects of operations at the
Pecos McDonald's.

Story will be the supervisor for the local restaurant.

"He will be supervising here at this restaurant and be involved in other
restaurants in the area," said Castro.

"It works out that this has become a real good team," said Castro.

The group is very community-oriented and the four-year old restaurant is
a member of the Pecos Chamber of Commerce.

"We'll be offering a scholarship yearly to a deserving Pecos High School
senior," said Castro. "We believe in getting involved in the community
and doing our part to help, especially the youth."

Castro has been communicating with school officials and both he and
Paniagua state that they will be happy to speak to any school group.

"We'll be leaving the decision of who gets this scholarship to school
officials, it will have to go to someone really deserving, `the cream of
the crop,'" said Castro.

McDonald's will also be donating some funds to the Pecos Mariachi Group
who will be performing at the restaurant this Saturday, from 6-8 p.m.

"I'm real big on community involvement and helping the youth," said
Castro.

He said that McDonald helps other organizations through funding, such as
the National Hispanic Fund, United Negro Fund and different Boys and
Girls Clubs throughout the country.

"We look forward to participating in bi-partisan education, we want to
help our youth excel," said Castro.

He added that they welcome suggestions from the public and will do
everything possible to correct any problems customers might have.

Castro has been with McDonald's since 1983 when he bought his first
restaurant.

"I'm looking forward to continue growing and that aspect looks very
bright," said Castro. "We will continue to provide greater opportunities
for personnel, this is very important to me."

Castro said plans for the Pecos facility include finding and recruiting
a local individual to manage the restaurant.

"You've got to have talented people, people that are going to be
successful, have a high level of energy and a positive attitude with
good work ethics," said Castro.

"Aside from restaurant managers, supervisors and from these positions
several individuals have excelled to become owner-operators from that
side of the business," said Castro.

"There is always room for someone to move up in this corporation and to
better themselves," he said.

Restaurant hours are from 6 a.m.-11 a.m. Sundays through Thursdays and
from 6-12 midnight on Fridays and Saturdays.

Castro will be visiting Pecos continually to check on progress and
listen to community input along with Paniagua, who is currently living
in Van Horn.

Bill would thwart schools' computer suit


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By PEGGY FIKAC
Associated Press Writer

AUSTIN - School districts suing to get millions more in state aid for
computers and other classroom technology have received a setback in the
state Senate Finance Committee.

The committee on Monday approved a bill by Finance Chairman Bill
Ratliff, R-Mount Pleasant, that wouldn't allow the school districts to
get the extra money because the funds weren't specifically appropriated
in the current state budget.

Ratliff said the judge considering the lawsuit might look at the bill as
signaling the Legislature's intentions. The measure next goes to the
full Senate for consideration.

The senator, former head of the Senate Education Committee, also
expressed his displeasure that the school districts took their concerns
to court instead of to legislative leaders such as himself.

``I am just about up to here with any time a school district feels the
slightest bit (mistreated) by the Legislature, they run to the
courthouse and file a lawsuit ... We're either on the same team, or
we're adversaries,'' Ratliff said.

``I don't want to be adversaries with the school districts, but they
make it hard in a case like this.''

Austin lawyer Buck Wood, representing more than 80 school districts that
sued the State Board of Education to get an estimated $89 million more
in state technology aid, said he wanted to look into the matter before
commenting.

``I don't know what to think about it. I'm really not going to comment
on it right now,'' Wood said.

The school districts that sued contend the state board is withholding an
estimated $89 million in state aid that should be spent on computers and
other technology statewide.

Balmorhea ISD was among the 80 schools which joined the lawsuit. Other
area schools include Alpine ISD, El Paso ISD, Midland ISD and Reagan
County ISD.

Rather than the $30 per student they got this year, the districts say
they should be getting $55 per student.

State lawyers say the board doesn't believe it has the legal authority
to distribute the extra money. They cite a discrepancy between the 1995
education law's provision for increased technology funding and the state
budget, which doesn't provide for the increase.

State District Judge F. Scott McCown has had a hearing in the case but
has not issued a decision.

With the bill passed Monday in committee, Ratliff said, ``We simply
clarified that lacking an appropriation in the Appropriations Act, that
no money flows.

``There are hundreds of formulas in Senate Bill 1 (the 1995 law
overhauling education) alone saying how much money goes to this and how
much money goes to that ... None of those mean anything unless there's
an appropriation for it,'' he said.

Without positive ID,

judge sets Rubio free


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By PEGGY McCRACKEN
Staff Writer
PECOS, Feb. 4, 1997 - Oscar Rodriguez Rubio went free Monday after the
only eye witness to the burglary he was accused of committing was unable
to identify him.

Rubio was charged with burglary at the home of Salvador Lozano Jr., 214
W. 14th St., on June 10, 1996.

Lozano and his wife, Manuela, were summoned as witnesses for the
government, along with the 15-year-old juvenile who allegedly saw the
burglary occur.

But when the juvenile was unable to identify Rubio, District Attorney
Randy Reynolds asked that the charge be dismissed due to insufficient
evidence. Judge Bob Parks approved the dismissal.

Jeff Parras, who was appointed to represent Rubio, had earlier
withdrawn, and Scott Johnson represented Rubio at trial.

Judge Parks asked prospective jurors who were qualified Monday to
return Wednesday for another trial.

Seven qualify for state band contest


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By MARI MALDONADO
Staff Writer
PECOS, Feb. 4, 1997 - Seven members of the Pecos High School Band
qualified Saturday for the University Interscholastic League Solo and
Ensemble State Contest.

The competition is scheduled for May in Austin, and all qualifying
individuals and ensembles received a Division I for their demonstration
on a Class I piece.

A Division I is the highest rating in any band competition, representing
a superior performance. A Division II rating denotes an outstanding
performance.
Juniors Penny Armstrong, Megan Freeman and Jeremy Thomasson put together
a brass trio that won them a first division.

Also state bound are senior Jonnie Fuentes, sophomore Lucio Florez,
sophomore Jonathan Fuentes and freshman Sara Matta, who performed in a
four brass ensemble, satisfying state requirements.

The Pecos High School Mariachi Band also performed at the ensemble
contest and received a Division I from the judge, but due to UIL changes
the cultural, music group will not go to the UIL Solo and Ensemble State
Contest, band director Steven Clary explained.

Randy Storie, Midland Lee High School Band Director who judged the PHS
Mariachi Band said the performance was, "very entertaining and musical.
What a positive way to show off your fine band. This group of
ambassadors for Pecos H.S. is an incredible idea. What a fine job!"

A flute trio composed of senior Marisa Levario, junior Amy Barreno and
sophomore Amy Carrasco received a first division, as did a flute quartet
made up of flute players junior Gabi Bafidis, sophomores Amy Carrasco
and April Ryan and freshman Frank Dominguez. Both groups performed a
Class II composition.

Class one soloists, Dennis Harris, a senior, who performed an alto
saxophone piece, and sophomore Adrian Herrera played his snare drum for
judges. Each received a Division II.

Two members of the band performed a class two solo and received a
division two. They were: junior Marty Clary, tuba player, and sophomore
Lee Lyles, alto saxophone player.

Also participating in the ensemble portion of the competition with a
Class I piece were:

Flute Choir - senior Yuka Hashimoto, senior Marisa Levario, senior
Elizabeth Montgomery, sophomore Sarah Armstrong, sophomore Sarai Garcia
and freshman Amanda Stickels.

Tenor Trombone Choir - junior Jeremy Thomasson, freshman Jessica
Caballero and freshman Orlando Lara.

Percussion Ensemble - senior Sarah Lam, sophomore Adrian Herrera and
freshman Erin Paz.

All groups received a Division II.

Freshman Jennifer Fuentes, freshman Maggie Mendoza and freshman Monica
Meza performed a class three piece, receiving a Division II for their
performance.

Steven Clary extended his appreciation to accompanist for soloists
Debbie Clary, and to Eloisa Gomez for her work with the PHS Mariachi
Band. He also congratulated all the students for their hard work.

Jurors ask to re-hear O.J.'s testimony


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By MICHAEL FLEEMAN
Associated Press Writer

SANTA MONICA, Calif. - Jurors in the O.J. Simpson case began their third
day of re-started deliberations today after asking for readbacks of
Simpson's alibi and his account of a violent argument with Nicole Brown
Simpson.

The jury also asked the court to read back the testimony of limousine
driver Allan Park and portions of Simpson's police interview the day
after the killings.

They also want to rehear the testimony of Simpson friend Al ``A.C.''
Cowlings about the Jan. 1, 1989, argument between Simpson and his
ex-wife, a fight that sent her to the hospital.

The testimony of Park, who drove Simpson to the airport the night of the
slayings, is notable because his was the only testimony the criminal
jury asked to hear again before it acquitted Simpson of murder 16 months
ago.

Park said he rang many times before getting an answer on the night of
the slayings. Plaintiffs claim Simpson was rushing back from the killing
scene.

Jurors said they wanted those portions of Simpson's testimony where he
described what he was doing from 9:45 p.m. to 11 p.m.

Simpson, in four days on the stand, maintained he was in bed, showering
chipping golf balls and taking his dog for a walk around the time of the
slayings.

Simpson told jurors he took responsibility for the bruises Ms. Simpson
received during the 1989 fight, but swore he didn't hit, strike, slap,
kick or beat her. He suggested she might have fallen down outside after
he put her out of his room.

Cowlings testified reluctantly that he took Ms. Simpson to the hospital
that night because he was afraid she had a concussion.

The request was the first from the mostly white panel that was forced to
start from scratch after the lone black juror was dismissed for
misconduct Friday, 14 hours into earlier deliberations.

The jury was so eager to begin deliberations this morning that they
asked to be escorted into the deliberation room to hold discussions
while the court prepared to read back the testimony.

So far, the reconstituted panel has deliberated 11 hours on whether
Simpson is responsible in the June 1994 slashing deaths of Ms. Simpson
and Ronald Goldman. If found liable, he could be ordered to pay the
families millions.

Monday, Simpson attorney Robert Baker made a another failed bid for a
mistrial, arguing that the excused juror deliberately lied when she
failed to disclose that her daughter worked for the district attorney's
office.

``This is a direct, deliberate attempt to mislead,'' Baker told Judge
Hiroshi Fujisaki. ``I think it's an outrage. It's not inadvertent, and
we are entitled to a mistrial. This is misconduct.''

Baker also lost a bid to question the jurors to see whether dismissed
juror Rosemary Caraway, 62, had somehow poisoned them against Simpson.

The jury now consists of six men and six women: nine whites, one
Hispanic, one Asian and one person of Asian and black heritage.

To support his argument that Ms. Caraway did not simply make a mistake,
Baker pointed to a section in the juror questionnaire in which she wrote
something about the district attorney, then scratched it out. Baker said
Ms. Caraway's daughter also worked under two prosecutors in the Simpson
criminal trial: Christopher Darden and Bill Hodgman.

In court papers, the defense also argued for a mistrial because of an
investigation into problems in the FBI crime lab and reassignment of a
scientist who tested blood samples in the Simpson case.

``It is clear that the announcement of this investigation, as well as
the demotion of Roger Martz, was withheld until the jury had commenced
deliberations and the defense had closed its case,'' the defense said.

It was the second time in four days the defense had asked for a
mistrial. A spoken request was rejected Friday; Monday's request was
filed in writing.

Fujisaki refused to entertain the latest request, saying he was
satisfied with what he had done - excusing Ms. Caraway, 62, and
restarting deliberations Friday with a new juror.

That wasn't good enough for Baker.

As Fujisaki started walking out of the courtroom, Baker yelled out a
request to at least question all of the jurors to see whether Ms.
Caraway had unfairly influenced them with her ties to the office that
unsuccessfully prosecuted Simpson.

Fujisaki said over his shoulder while walking away: ``You can do that
after the verdict comes in, Mr. Baker.''

Petrocelli argued forcefully for talks to continue. ``They're doing
anything to get a mistrial.''

Ms. Caraway's dismissal followed the revelation that two jurors from the
criminal trial were under investigation for allegedly trying to contact
members of the civil-trial panel with a letter vouching for the services
of a media agent.

Senate committee approves bill

in setback for school lawsuit


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By PEGGY FIKAC
Associated Press Writer

AUSTIN (AP) - School districts suing to get millions more in state aid
for computers and other classroom technology have received a setback in
the state Senate Finance Committee.

The committee on Monday approved a bill by Finance Chairman Bill
Ratliff, R-Mount Pleasant, that wouldn't allow the school districts to
get the extra money because the funds weren't specifically appropriated
in the current state budget.

Ratliff said the judge considering the lawsuit might look at the bill as
signaling the Legislature's intentions. The measure next goes to the
full Senate for consideration.

The senator, former head of the Senate Education Committee, also
expressed his displeasure that the school districts took their concerns
to court instead of to legislative leaders such as himself.

``I am just about up to here with any time a school district feels the
slightest bit (mistreated) by the Legislature, they run to the
courthouse and file a lawsuit ... We're either on the same team, or
we're adversaries,'' Ratliff said.

``I don't want to be adversaries with the school districts, but they
make it hard in a case like this.''

Austin lawyer Buck Wood,
representing more than 80 school districts that sued the State Board of
Education to get an estimated $89 million more in state technology aid,
said he wanted to look into the matter before commenting.

``I don't know what to think about it. I'm really not going to comment
on it right now,'' Wood said.

The school districts that sued contend the state board is withholding an
estimated $89 million in state aid that should be spent on computers and
other technology statewide.

Balmorhea ISD was among the 80 schools which joined the lawsuit. Other
area schools include Alpine ISD,

Rather than the $30 per student they got this year, the districts say
they should be getting $55 per student.

State lawyers say the board doesn't believe it has the legal authority
to distribute the extra money. They cite a discrepancy between the 1995
education law's provision for increased technology funding and the state
budget, which doesn't provide for the increase.

State District Judge F. Scott McCown has had a hearing in the case but
has not issued a decision.

With the bill passed Monday in committee, Ratliff said, ``We simply
clarified that lacking an appropriation in the Appropriations Act, that
no money flows.

``There are hundreds of formulas in Senate Bill 1 (the 1995 law
overhauling education) alone saying how much money goes to this and how
much money goes to that ... None of those mean anything unless there's
an appropriation for it,'' he said.

Education Lawsuit-List

AUSTIN (AP) - Here is a list of the independent school districts named
as plaintiffs in the lawsuit filed against the State Board of Education:

Alpine

Austin

Balmorhea

Belton

Big Sandy (Upshur County)

Cedar Hill

Comfort

Commerce

Copperas Cove

Corpus Christi

Crowell

Cypress-Fairbanks

Dallas

Del Valle

Dilley

Donna

El Paso

Everman

Fayetteville

Florence

Fort Worth

Friendswood

Frisco

Garland

Goree

Hardin-Jefferson

Harleton

Hays Consolidated

Hitchcock

Houston

Hudson

Hurst-Euless-Bedford

Hutto

Jasper

Kenedy

Kilgore

La Joya

Lamar Consolidated

Little Cypress-Mauriceville

Lockhart

Los Fresnos

Lumberton

Lytle

Manor

Mansfield

Mason

Maypearl

McAllen

Mesquite

Meyersville

Midland

Millsap

Mission Consolidated

Munday

Nederland

New Boston

North East

Northside

Orangefield

Petrolia

Pflugerville

Pharr-San Juan-Alamo

Port Arthur

Port Neches-Groves

Reagan County

Riesel

Rio Grande City Consolidated

Rochelle

Rocksprings

Round Rock

Sabinal

San Antonio

San Augustine

San Saba

Savoy

Schertz-Cibolo-Universal City

Seguin

Silverton

Socorro

Spring Branch

Stamford

Talco-Bogata

Texarkana

Tulia

Valley View (Hidalgo County)

Vidor

Waco

Wallis-Orchard

Waskom

Sweetwater, Colorado City

in cannon fight


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ABILENE (AP) - A broken-down cannon has touched off a firefight between
Interstate 20 neighbors Colorado City and Sweetwater.

It seems that veterans from each West Texas town believe that a
3,000-pound German cannon belongs to them, and each side is willing to
call in the cavalry on this one.

``This isn't a fight between two VFW (Veterans of Foreign Wars) posts,''
Colorado City VFW commander Birdie Stephens said. ``We just want to keep
it in Colorado City where it belongs.''

The World War I gun has resided for at least 50 years in Colorado City,
located 175 miles east of Pecos along I-20.

However, in what local vets term a ``sneak attack,'' the VFW post in
Sweetwater, 30 miles to the east, convinced the Army last year that the
cannon had been neglected since Colorado City's American Legion post
closed 18 years ago.

Each side has secured the weapon to a flagpole at the old Colorado City
post, now a Boys Club, to prevent any shenanigans. Sweetwater vets have
threatened to call in federal marshals to enforce the Army's order.

Colorado City resident Syl Monks, a member of the Sweetwater VFW, is at
the center of the clash. The retired Air Force lieutenant colonel said
he started the effort to move the cannon two years ago when he noticed
it was ``covered up with weeds, rusting and sinking in the ground.''

He and Paul Brand, a fellow Sweetwater VFW post member, organized the
effort and won Army approval in a letter dated Dec. 24, 1996 from the
Tank, Automotive and Armament Command in Rock Island, Ill.

The order ``authorizes for transfer one cannon from the American Legion
Post 127, Colorado City, TX, to Veterans of Foreign Wars, Post 2479,
Sweetwater, TX, for display purposes.''

The Sweetwater vets are responsible for transporting the relic, the
order says.

Colorado City police stopped Monks and Brand the first time they tried
to take the cannon. Last week, Monks said he was met by a cursing group
of vets on a second try.

He would have duked it out there and then, but a ``quadruple bypass at
76 takes those ideas away,'' Monks told the Abilene Reporter-News.

Colorado City veterans' efforts to change the Army's mind have failed,
as have the pleas of Mayor Jim Baum, who was discouraged after a phone
conversation with a Rock Island official.

``She said she'd been bombarded with calls and was sick and tired of
hearing about it,'' Baum said.

Meanwhile, Monks is anxious to march into Colorado City and finally
capture the cannon.

AREA ROUNDUP


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The Fort Stockton Pioneer

FORT STOCKTON, Jan. 30, 1997 - Pecos County Commissioners vote to shore
up and stabilize Pecos County Memorial Hospital and to draw upon
disproportionate share funds for initial engineering and architectural
work to provide the court the data it needs for future decisions. The
action came in an emergency joint meeting of the court and hospital
board in which administrator David Shaw described in detail how the
hospital foundation is sinking and cracking at an accelerated pace.

Jeff Davis County Mountain Dispatch

FORT DAVIS, Jan. 30, 1997 - An arrest Tuesday of a Republic of Texas man
here followed some nervous feelings in downttwon Fort Davis. David Clark
Kosier, 61, of Dallas was charged with driving without a valid driver's
license. It was the second time he's tried to use an ROT license in Jeff
Davis County. Kosier, who has been at the ROT compound in the Davis
Mountains Resort "guarding" Rick McLaren, created a stir Tuesday when he
parked a U-Haul truck between Fort Davis State Bank and the courthouse.
Fear of another bombing similar to Oklahoma City crossed the minds of
residents, and some considered leaving work in the area. Sheriff Steve
Bailey called several state and federal agencies. When the vehicle left
Fort Davis, Bailey stopped it outside town. The truck was empty, but
Kosier had a pocket full of Republic IDs, Bailey said.

The Big Bend Sentinel

MARFA, Jan. 30, 1997 - The state agency seeking a permit to build a
radioactive nuclear waste dump near Sierra Blanca last week lost its bid
to remove from the permitting process nine government entities,
organizations and individuals who oppose the proposed dump. But the
Texas Low Level Radioactive Waste Disposal Authority won a round when
its request was granted to defend its case separately from its other
supporters. The action came last Wednesday in Austin at a Texas Ntural
Resources Conservation Commission meeting where the three commissioners
made the rulings. Presidio County Judge Jake Brisbin said he is glad the
county remains in the fight.

The Alpine Avalanche

ALPINE, Jan. 30, 1997 - The second round of oral rabies vaccination
airdrops in West Texas began Jan. 29 from the Fort Stockton-Pecos County
Airport. Some 1.1 million baits containing a rabies vaccine will be
dropped from three bright yellow Twin Otter planes to immunize foxes
against rabies. Gray fox rabies began in Val Verde County in 1988 and
has spread to 48 counties in West and Central Texas.

The International, Presidio Paper

PRESIDIO, Jan. 30, 1997 - Texas Attorney General Dan Morales last
Thursday filed a civil lawsuit against a California-based developer of
land in south Presidio County. The case, filed in the Travis County seat
of Austin, is the first enforcement lawsuit brought in Presidio County
under the state's new colonia law. It is the second state action taken
against south county land developers. The colonia law regulates the
sale, platting and development of housing projects outside a city's
jurisdiction.

The Monahans News

MONAHANS, Jan. 30, 1997 - Ward County Commissioners voted to support
renovations to the county's fairgrounds. Pearson Cooper of the Monahans
Quarter Horse Association said four groups that use the fairgrounds are
making a concerted effort to obtain funding through private foundation
grants and need the court's support to obtain the grants.

WEATHER


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PECOS, Feb. 4, 1997 - High Monday 74, low last night 36. Tonight,
increasing clouds, becoming mostly cloudy after midnight. Low in the
lower 30s. Northeast to east wind 5-15 mph. Wednesday, cloudy. High in
the mid 40s. East wind 10-20 mph.
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Copyright 1997 by Pecos Enterprise
Division of Buckner News Alliance, Inc.
324 S. Cedar St., Pecos, TX 79772
Phone 915-445-5475, FAX 915-445-4321
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