Two freshmen yesterday won a suit against the Harvard Delivery News Service (HDNS) for undelivered newspapers.

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

Benjamin A. Zurier '83 and Elliot R. Royce '83 said yesterday the judge in Middlesex County Small Claims Court awarded them $15 plus $10.80 in court fees for 40 undelivered copies of the daily Times and three issues of the Sunday Times. Zurier added that "no one showed up for HDNS."

Wake Up!

Archie C. Epps III, dean of students, who oversees HDNS, said yesterday Mitchell W. Smith '82, manager of HDNS as of February 1, "slept through" the proceedings. Epps refused to comment further.

Smith acknowledged yesterday that he overslept and said that he should take the blame for losing the suit by default. He also filed an appeal yesterday which the court granted. He added that the new trial would be held in two weeks.

Zurier said he believes HDNS is trying to prolong the legal proceedings and added that Smith's attitude is that "sooner or later these damned kids will give up."

Zurier said Smith called him Monday night and tried to make a settlement. Zurier, Royce and a group of Winthrop House students who have filed a similar class action suit against HDNS then offered Smith their terms for a settlement, but he turned them down, Zurier said.

A Learning Experience

"The whole thing to be learned from this experience is that people can get their money back if they want it," Zurier said. "They deserve it--it's their money," he added.

Jeffrey B. Matthews '81, who filed the class action suit for the Winthrop students with Daniel C. Esty '81, said yesterday, "I'm not surprised at the outcome because HDNS has no case."

Matthews added, "I'm extremely surprised and rather disappointed that Dean Epps would let this go on."

Smith said that he cannot foresee other people filing suits against HDNS because "we had a refund policy, and I'm almost sure everyone applied."

Smith added that-he believes delivery service is improving and that HDNS now receives an average of one complaint a day, but Zurier said that he and Royce still are not receiving their paper every day