B4


Judge lifts order that prohibited publication


order from B1


dealing with this issue. The ques- tion is, what authority do you have for the proposition that the First Amendment trumps court orders sealing files?” Bartnoff ’s restraining order was to remain in effect at least until another hearing, which had been scheduled for Aug. 6. But on Wednesday, the law journal filed an emergency ap- peal, seeking to overturn Bart- noff ’s temporary restraining or- der. Then on Friday, nine media organizations, including The Washington Post, the New York Times, Dow Jones & Co., the As- sociated Press and the Reporters Committee for Freedom of the Press, filed a brief with the Dis- trict’s appellate court supporting the law journal’s request. By Friday afternoon, POM at-


torneys had asked Bartnoff to re- scind the order. After hours of telephone calls between Bartnoff and attorneys for POM and the law journal, Bartnoff lifted the order that prevented the publica- tion from identifying the agency, the Federal Trade Commission. “We have won our fight,” David


L. Brown, editor in chief of the National Law Journal, said after the judge lifted the order. The publication is distributed to about 15,000 lawyers and judges. “We have a fundamental right to publish information in a pub- lic record about court actions and government actions,” Brown had said earlier in the week. In a statement, POM spokes- man Rob Six said the company never intended for its case to es- calate into a fight over the First Amendment. “Although we be- lieve very strongly in our right to keep confidential documents shielded by attorney-client privi- lege, we never intended our pro- tected communications with a governmental regulatory agency and a private law firm to become a First Amendment issue.” Bartnoff ’s original decision an-


gered many lawyers and media- rights advocates. Douglass E. Lee, an Illinois- based lawyer who specializes in First Amendment issues, said the problem began when Bartnoff agreed to seal the documents. “This is not a private-dispute res- olution. It’s a taxpayer-funded . . . open public court system, and the media should have a right to know what’s going on,” he said. alexanderk@washpost.com


“We have won


our fight.” — David L. Brown, editor in chief for the National Law Journal


S


KLMNO OBITUARIES ROBERT C. TUCKER, 92 Professor was scholar of Soviet-era politics and history by Adam Bernstein


Robert C. Tucker, 92, whose early State Department assign- ment in Moscow launched a dis- tinguished career as a scholar of Soviet-era politics and history, notably tracing the enduring im- pact of Joseph Stalin’s reign, died July 29 at his home in Princeton, N.J. He had pneumonia. His death was confirmed by


Princeton University, where he was a professor of politics from 1962 to 1984 and the founding di- rector of the university’s Russian studies program. Blair A. Ruble, who directs the


Washington-based Kennan Insti- tute for Advanced Russian Stud- ies, said that before Soviet ar- chives opened after the collapse of the Communist system in 1991, Dr. Tucker was for decades one of a “very small number of scholars who were able to give an all- encompassing view of the Soviet system.” Virtually no other American- born Sovietologist of Dr. Tucker’s generation combined high-level scholarship with his depth of ex- perience living under Stalin’s rule, Ruble said. Dr. Tucker arrived in the Rus- sian capital in 1944. His two-year assignment at the U.S. Embassy stretched into nine years because of his marriage to a Russian he had met at the opera. Soon after their wedding, in 1946, a Soviet decree prohibited marriage with non-citizens. His wife was denied an exit visa. Dr. Tucker stayed on, too, over- seeing a translation service run cooperatively by the U.S., British and Canadian embassies to mon- itor the Soviet press. While he lat- er wrote that he was “serving an indefinite sentence in Moscow,” his extended time in Russia proved valuable to his career in government and academia. He befriended George F. Ken-


Robert C. Tucker, right, poses for a photo in 1958 with Soviet Premier Nikita Khrushchev, left, and Adlai Stevenson in Khrushchev’s Kremlin office.


FAMILY PHOTO


statist, in belief of Russia as a great power. They find that Stalin is the kind of Stalin that needs to be maintained.” Robert Charles Tucker was


born May 29, 1918, in Kansas City, Mo. After graduating magna cum laude from Harvard in 1939, he received a master’s degree in phi- losophy from Harvard in 1941 and took intensive Russian-language training before serving in the Of- fice of Strategic Services, the war- time precursor to the CIA. He then joined the Foreign Service. Besides his wife, Evgeniya Pes-


tretsova, survivors include their daughter, Elizabeth “Liza” Tucker of South Pasadena, Calif.; a sister; and two grandchildren. After serving in Moscow, Dr.


nan, the second-ranking diplo- mat at the U.S. Embassy in Mos- cow, and assisted in research for Kennan’s influential cable back to Washington insisting on a persis- tent and patient containment strategy toward Soviet expansion. Kennan, a leading architect of Cold War policy toward the Soviet Union, held Dr. Tucker in high re- gard. Kennan once recalled that Dr.


Tucker’s years reading Russian periodicals “could scarcely have been a better intellectual prepa- ration for the tasks that he was destined to confront in later life.” “They were, by necessity, ana- lytical exercises,” Kennan said, “unique in nature because of the unique purpose they were de- signed to serve: which was to identify and to distill out of the great masses of this highly propa- gandistic, ritualistic and repet- itive journalistic material the evi- dences, sometimes artfully dis- guised, sometimes involuntarily revealed, of the evolution of pol- icy in the mind of a single great and crafty despot and the men closest to him.”


Stalin died in 1953, and Dr. MICHAEL BATTERBERRY, 78


Culinary authority co-founded Food Arts, Food & Wine magazines


by Matt Schudel Michael Batterberry, an author-


ity on the aesthetics of food and culture who, with his wife, launched two magazines that in- fluenced the thinking of home cooks and chefs alike, died July 28 of cancer at a hospital in New York City. He was 78. Mr. Batterberry had been a journalist and historian before he and his wife, Ariane, founded Food & Wine magazine in 1978. Food & Wine capitalized on, and contributed to, a new wave of cu- linary sophistication in the Unit-


850 Montgomery County


IN THE CIRCUIT COURT FOR THE COUNTY OF MONTGOMERY,MARYLAND


JOHN S.BURSON ET AL TRUSTEE(S) Plaintiffs


BRIAN K.RHEMAND CONSTANCE W.RHEM


vs.


Defendant(s) Mortgagor(s)


CIVIL NO. 314502V NOTICE


NOTICE IS HEREBY GIVEN THIS 15TH day of JULY, 2010 by the Circuit Court for the COUNTY OF MONTGOMERY, Maryland, and by the authority thereof, that the sale be made by John S. Burson, Wil- liam M. Savage, Gregory N. Britto, Jason Murphy, Kristine D. Brown and ErikW. Yoder, Trustees, of the Real Property designated as 18428 WACHS TER, OLNEY, MD 20832, and reported in the above enti- tled cause, will be finally ratified and confirmed, unless cause to the contrary there of be shown on or before the 16TH day of AUGUST, 2010, next provided a copy of this order be inserted in The Washington Post, 1150 15th Street, Washington, DC, MD pub- lished in said COUNTY OF MONT- GOMERY once a week for three successive weeks before the 16TH day ofAUGUST, 2010.


The report states the amount of the sale to be $369,523.00


Clerk of the Circuit Court For County of Montgomery


Loretta E. Knight


IN THE CIRCUIT COURT FOR THE COUNTY OF MONTGOMERY,MARYLAND


JOHN S.BURSON ET AL TRUSTEE(S) Plaintiffs


PAULA H.BROWN Defendant(s) Mortgagor(s)


vs. CIVIL NO. 328034V NOTICE


NOTICE IS HEREBY GIVEN THIS 15TH day of JULY, 2010 by the Circuit Court for the COUNTY OF MONTGOMERY, Maryland, and by the authority thereof, that the sale be made by John S. Burson, Wil- liam M. Savage, Gregory N. Britto, Jason Murphy, Kristine D. Brown and ErikW. Yoder, Trustees, of the Real Property designated as 3124 SAINT FLORENCE TERRACE, OLNEY, MD 20832, and reported in the above entitled cause, will be final- ly ratified and confirmed, unless cause to the contrary there of be shown on or before the 16TH day of AUGUST, 2010, next provided a copy of this order be inserted in The Washington Post, 1150 15th Street, Washington, DC, MD pub- lished in said COUNTY OF MONT- GOMERY once a week for three successive weeks before the 16TH day ofAUGUST, 2010.


The report states the amount of the sale to be $420,000.00


Loretta E. Knight


Clerk of the Circuit Court For County of Montgomery


Trustee Sale Notices 850 Montgomery County


IN THE CIRCUIT COURT FOR THE COUNTY OF MONTGOMERY,MARYLAND


JOHN S.BURSON ET AL TRUSTEE(S) Plaintiffs


MBUYI TUAMBILANGANAAND KAPINGA KABANGU Defendant(s) Mortgagor(s)


vs. CIVIL NO. 317060V NOTICE


NOTICE IS HEREBY GIVEN THIS 15TH day of JULY, 2010 by the Circuit Court for the COUNTY OF MONTGOMERY, Maryland, and by the authority thereof, that the sale be made by John S. Burson, Wil- liam M. Savage, Gregory N. Britto, Jason Murphy, Kristine D. Brown and ErikW. Yoder, Trustees, of the Real Property designated as 8516 HAWK RUN TER, MONTGOMERY VILLAGE, MD 20886, and reported in the above entitled cause, will be finally ratified and confirmed, unless cause to the contrary there of be shown on or before the 16TH day of AUGUST, 2010, next provided a copy of this order be inserted in The Washington Post, 1150 15th Street,Washington, DC, MD published in said COUNTY OF MONTGOMERY once a week for three successive weeks before the 16TH day ofAUGUST, 2010.


The report states the amount of the sale to be $194,082.00


Clerk of the Circuit Court For County of Montgomery


Loretta E. Knight


856 Frederick County CIRCUIT COURT


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ed States. The Batterberrys sold the magazine after only two years, but the editorial formula they cre- ated — with down-to-earth fea- tures on diet foods, menus for one and step-by-step cooking instruc- tions — has influenced dozens of other magazines and television shows. Mr. Batterberry and his wife


settled into a comfortable life as arbiters of taste and forecasters of trends in food. Their book “On the Town in New York,” first pub- lished in 1973 and updated in 1998, is considered the author- itative history of dining in the country’s culinary capital. “Don’t fall for the romance of


washingtonpost.com/ postpoints


Clerk of the Circuit Court 100West Patrick Street Courthouse


FOR FREDERICK COUNTY Sandra K. Dalton


Frederick,MD21701 (301) 600-1976


ALLAN P FEIGELSON vs


ERIN R PAGE


Case Number: 10-C-10-001680 F Lender License Number: N/A NOTICE OF SALE


Notice is hereby issued by the Circuit Court for Frederick County this 15TH day of JULY, 2010, that the sale made and recorded by Allan P. Feigelson, et al for the sale of the property described in these proceedings 5555 TALBOT COURT, NEW MARKET, MARYLAND 21774 be ratified and confirmed thirty (30) days from the date of this Notice, unless cause to the con- trary be shown, provided a copy of this Notice be inserted in some newspaper published in this Coun- ty, once in each of three (3) suc- cessive weeks.


The report states the amount of the sale to be $284, 609.68.


Clerk of the Circuit Court of Frederick County


Sandra K. Dalton


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early New York life,” Mr. Batter- berry said in 1991, describing old- er tastes in food. “Those were rough times. People wanted com- fort, not challenge.” In 1988, the Batterberrys launched Food Arts magazine, a lavishly produced publication for the hotel and restaurant trade. The magazine, whose small circu- lation of 56,000 belies its outsize influence, reports on new trends in dining and spotlights up-and- coming restaurants and chefs. Mr. Batterberry was editor until his death; his wife is publisher. Michael Carver Batterberry was born April 8, 1932, to Amer- ican parents in Newcastle-upon- Tyne, England, where his father was a business executive with Procter & Gamble. He later moved to Cincinnati and attend- ed what is now Carnegie Mellon University in Pittsburgh. Mr. Batterberry led a romanti- cally peripatetic early life, work- ing as a painter, a sketch artist in Paris and a cabaret singer in Rome. He opened an interior de- sign firm in Venezuela. The author of 18 books, Mr. Bat-


terberry had little interest in writ- ing about food until he married Ariane Ruskin in 1968 and settled in New York. He published sever- al textbooks on art history on his own, but together the couple ex- plored restaurants and began to write about food from a cultural and historical perspective. They developed the concept for


Food & Wine in the early 1970s but found little support until Hugh Hefner published a proto- type in Playboy magazine and fur- nished startup money. Washington Post food writer William Rice described the cou- ple in 1978 as “young and well en- trenched in the New York social


FOOD ARTS


Mr. Batterberry and his wife received a lifetime achievement award in May from the James Beard Foundation.


scene,” adding that they were al- ready facing an envy-fueled back- lash and “have been character- ized as dilettantes, social climbers and, inevitably, bad cooks.” The Batterberrys wrote a col- umn on food trends for USA To- day, as well as several books on entertaining, food and fashion. In the 1990s, Mr. Batterberry was the host of a public television pro- gram on chefs. He and his wife traveled widely and were well connected in the food world. At a seminar in Rhode Island in 1997, Mr. Batterberry de- scribed his most memorable sea- food meal: He was in the Greek is- lands with a fisherman who grilled a freshly caught fish on the deck of his boat. “He fetched a bucket of seawa-


ter, and he’d dip the fish in the saltwater,” Mr. Batterberry re- called. “That was the only season- ing.” In May, Mr. Batterberry and his wife received a lifetime achieve- ment award from the prestigious James Beard Foundation. “Mi- chael and Ariane are certainly leg- ends in the culinary publishing world,” Susan Ungaro, the foun- dation president, said at the time. “Thirty years ago they started a hallmark magazine that people still look to today.” In addition to his wife, survi- vors include a sister. The Batterberrys envisioned


Food & Wine — originally called the International Journal of Food & Wine — as a more lively and controversial alternative to the well-established Gourmet maga- zine. “We don’t pay very much atten- tion to new magazines,” a senior editor of Gourmet told The Post at the time. “We don’t look at the others as competition. They look at us, try to copy us and fail miser- ably.” Food & Wine, now owned by American Express, has a current circulation of more than 900,000. Gourmet folded last year. schudelm@washpost.com


Tucker’s wife received her visa. The Tuckers left for the United States, where he completed his doctorate in philosophy from Harvard and began his career as a scholar. He was influenced by the writ- ings of the American psychoana- lyst Karen Horney. Her 1950 book “Neurosis and Human Growth,” which Dr. Tucker spirited into Moscow in a diplomatic pouch, had a crucial impact on his in- terpretation of Stalin’s destruc- tive mind. He later wrote that in the 1940s and 1950s, it was almost unheard of to assign a deep psychological reading into Stalin’s cult of per- sonality. He said he was laughed at by colleagues when he hypoth- esized that the regime was an ex- tension of Stalin’s paranoia and grandiose sense of self-impor- tance.


One person told him, “Stalin


doesn’t give a hoot for the cult. He simply countenances it as a useful propaganda tool in Soviet domes- tic affairs.” Dr. Tucker felt strongly other- wise. “His personality cult must reflect his own monstrously in-


flated vision of himself as the greatest genius of Russian and world history,” he wrote. “It must be an institutionalization of his neurotic character structure.” Dr. Tucker’s best-known books, “Stalin as Revolutionary” (1973) and “Stalin in Power” (1990), the second of which required 15 years of research, were regarded by critics as formidable portraits of the Soviet dictator. In addition to what journalist


Harrison Salisbury called Dr. Tucker’s “very sure-footed” exam- ination of Stalin’s rise to absolute power, the author relied heavily on theories by Horney, Freud and others to explain how Stalin’s psy- che as a young man gave rise to such destructive behavior as a leader. Dr. Tucker later said that de- spite the mass executions Stalin ordered and the cult of person- ality he engineered, the Soviet leader “stood for a strong, cen- tralized Russian state” that has long held an appeal. Many con- temporary Russians, he said in a 1996 interview with public televi- sion host Charlie Rose, “see Stalin as he wanted to see himself, as a


LEONARD SEARLE, 79


Galaxy formation pioneer was former director of Carnegie Observatories


by Thomas H. Maugh II


Leonard Searle, an astronomer and past director of the Carnegie Observatories whose observa- tions provided crucial informa- tion in determining the condi- tions of the big bang that created the universe and helped explain how heavy elements are pro- duced in stars, died July 2 at his home in Pasadena, Calif. He was 79, and no cause of death was re- leased. Dr. Searle also played a crucial role in the construction of the twin 6.5-meter Magellan tele- scopes at Carnegie’s Las Campa- nas Observatory in Chile, which opened in 2000. They are gener- ally considered to be the best nat- ural imaging telescopes in the world. The big bang was a singularity


that started the formation of the universe, and researchers have been curious about the precise conditions that existed during the explosion. That event pro- duced huge numbers of elemen- tary particles that, as the gas ex- panded and cooled, condensed to form hydrogen, helium and trace amounts of lithium and berylli- um.


All the rest of the elements in the universe were subsequently created in the nuclear furnaces of stars. To calculate the temperature and pressure that existed in the big bang, it is crucial to know the ratio of helium to hydrogen that existed immediately afterward, and that was a problem Dr. Sear- le and Wallace Sargent attacked.


Dr. Searle played a crucial role in the


construction of the twin 6.5-meter Magellan telescopes at Carnegie’s Las Campanas Observatory in Chile.


Most old stars are too cool to cause helium to fluoresce, so it is not possible to measure their he- lium-to-hydrogen ratio. And in even the hottest old stars, helium has diffused inward to the core, diluting the concentration at the surface and providing a false val- ue for the ratio. Ultimately, the pair identified small galaxies with slow star for- mation rates whose helium-to- hydrogen ratios were probably very similar to those at the crea- tion of the universe. The values they obtained are still used in modeling the condi- tions of the big bang. Dr. Searle and Sargent also de- veloped a model of how hydro- gen and helium in the nuclear re- actors of stars fused to form all of the other heavier elements, a process called chemical evolu- tion.


Others termed it the “simple


model” because of its clarity, and it is still used today to charac- terize the way a galaxy produces elements and transforms gases into stars. Dr. Searle may be best known for his work with Robert Zinn, now at Yale University, on how galaxies are formed. Most astronomers had origi- nally believed that galaxies con- densed from massive clusters of gas in a uniform process. But by studying small galaxies near the outer fringes of the Milky Way galaxy, the pair con- cluded that galaxies grew by swallowing smaller galaxies, so- called primordial fragments. That process is now the accept- ed mechanism for galaxy forma- tion and has been verified in many other experiments. Leonard Searle was born Oct. 23, 1930, in the London suburb of Mitcham. He received a bach- elor’s degree at the University of St. Andrews in Scotland and a doctorate in theoretical physics at Princeton University. His first post was at the Uni-


versity of Toronto, but he left in 1960 to join the California In- stitute of Technology. Three years later, he joined the faculty of the Mount Stromlo Observato- ry in Australia. In 1968, he re- turned to Southern California to join the Carnegie Observatories, where he spent the rest of his ca- reer. His wife of 47 years, the former Eleanor Millard, died in 1999. He had no immediate survivors. —Los Angeles Times


Tucker worked in Washington for the Rand Corp. think tank, where his job was to interpret and pre- dict post-Stalin Soviet policy. He received his doctorate from Har- vard in 1958, and his dissertation was published in 1961 by Cam- bridge University Press as “Phi- losophy and Myth in Karl Marx.” His other books included “The


Soviet Political Mind” (1963) and “Political Culture and Leadership in Soviet Russia: From Lenin to Gorbachev” (1987). He was editor of “The Marx-Engels Reader” (1973). Ruble, of the Kennan Center,


said Dr. Tucker attracted criticism at times for “humanizing a de- mon” with his psychological lens. Dr. Tucker said he was no Stalin apologist. He joked that he spent so much time consumed by studying the Soviet autocrat that his friends called him “Stalin’s last victim.” He wrote that his initial attrac- tion was “an intellectual fascina- tion with an unusual hypothesis. . . . But the fact is I loathe Stalin, and the better I have come to know him as my biographical subject, the more intense my loathing has grown.” bernsteina@washpost.com


SATURDAY, JULY 31, 2010


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