Students, News Service Settle Dispute

A group of students planning to file suit against Harvard Delivery News Service (HDNS) for failing to provide refund checks for undelivered papers will not go to court as the result of a meeting yesterday with Mitchell W. Smith '82, HDNS manager.

HDNS is responsible for delivering the Boston Globe, The New York Times and The Crimson on the Harvard campus.

Daniel C. Esty '81 said yesterday he and his roommate, Jeffrey B. Matthews '81, will not sue HDNS in small claims court because he believes "Mitch is going to make a good faith effort to get the refunds out--he said he'd make it a top priority."

Smith told Esty and Matthews--who encouraged a group of Winthrop House students to join them in suing HDNS for up to $750--that he would settle with them, after a story in The Crimson brought their complaints to his attention, Matthews said.

But Matthews said they refused to settle unless they could be sure that all HDNS customers would receive reimbursement, so Smith suggested the meeting.

Smith had said Friday he would provide refunds only for students who have already called HDNS and given the service time to correct the problem.

Esty said he still believes anyone who did not receive papers should receive a refund check--regardless of whether or not they complained.

"When you agree to have them deliver your papers, you're making an informal contract--people don't have a legal obligation to complain in order to get good service," Esty said.

Smith said he will meet with Archie C. Epps III, dean of students--who oversees HDNS--this week to discuss the organizations legal obligations to its customers.

Epps said yesterday he "does not know" whether only those students who complained about undelivered papers earlier in the fall semester should receive refunds but added, "You would ordinarily try to verify a complaint--but you should, within reason, assume people will apply for refunds in good faith."

Michael P. Mattis '82, who, at Esty's suggestion placed a petition against HDNS in the Quincy House dining hall entry, said yesterday he is satisfied with the results of Esty's meeting with Smith and will take the list--which had four customers on it at lunchtime yesterday--to HDNS.

Esty brought a similar list, with 20 Winthrop House customers represented, to Smith yesterday. He added that he believes all dissatisfied customers should write a letter to HDNS or call its office at 495-1994, "but people who complained should get their checks first.