OCTOBER TERM, 1990

Reference Index

Contents: pape

Statistics n

General in Arguments in Attorneys in

Briefs iv

Certiorari iv Costs v Judgments and Opinions v Miscellaneous v Original Cases v Parties vn Rehearings vn Rules vn Stays vn Conclusion vin

(i) II

STATISTICS AS OF JUNE 28, 1991

In Forma Paid Original Pauperis Cases Total Cases

Number of cases on docket 14 2,351 3,951 6,516

3 1,986 3.423 5,412

11 365 528 904

Cases docketed during term: Paid cases 1,986 In forma pauperis cases 3,514 Original cases 2 Total 5,502

Cases remaining from last term 814 Total cases on docket 6,316 Cases disposed of 5,412 Number remaining on docket 904 Petitions for certiorari granted: In paid cases Ill In in forma pauperis cases 27 Appeals granted: In paid cases 3 In in forma pauperis cases 0 Total cases granted plenary review 141 Cases argued during term 125 Number disposed of by full opinions 121 Number disposed of by per curiam opinions.. 4 Number set for reargument next term 0 Cases available for argument at beginning of term 57 Disposed of summarily after review was granted 6 Original cases set for argument 3 Cases reviewed and decided without oral argument 109 Total cases available for argument at start of next term 70

Number of written opinions of the Court 112 Per curiam opinions in argued cases 4

Number of lawyers admitted to practice as of October 6, 1991: On written motion 3,618 On oral motion 1,263 Total 4,881 Ill

GENERAL: paKe

1989 Term closed and 1990 Term convened October 1, 1990;

adjourned October 7, 1991 1 Allotment order of Justices entered 110, 134 Barr, William J., named Acting Attorney General, August 16, 1991

Brennan, J. (Retired)— remarks by Chief Justice and ex-

change of letters 1 Court closed for business by order of Chief Justice on De- cember 24 and December 31, 1990

Goldberg, J. Resolutions of Bar presented 162 Gullickson, William V. appointed Deputy Clerk, retired August 23, 1991 634

Marshall, J. moves admission of son and daughter-in-law; announced on June 27, 1991 his retirement when succes-

sor is qualified; held press conference June 28, 1991; re-

tirement effective October 1, 1991 858

Souter, J. investiture October 9, 1990 10 a.m.; Court re- cessed until 10:15 a.m., announced first opinion (87-6796) 109, 487

Spaniol, Joseph F. retired as Clerk effective February 1, 1991, remarks by Chief Justice 487

Suter, William K. appointed Clerk effective February 1, 1991 475

Thomas, J. nominated July 8, 1991 to succeed Marshall, J. Thornburgh, Dick, Attorney General, argued case (90- 5721); resigned August 15, 1991 669 ARGUMENTS:

Motion to expedite oral argument granted (90-1126, 90-1435) 869 ATTORNEYS:

Application for readmission to Bar denied 147 Attorney invited to brief and argue in support of judgment below (90-368) 413 Attorney permitted to resign (D-692; D-934; D-969; D-987) 272, 343, 618, 693 Due to mistaken identity, suspension order vacated and Rule to Show Cause discharged (D-997) 794 IV

ATTORNEYS - Continued page

Fees allowed attorney in amount of $5000. Opinion per

curiam (No. —— ) 387 Motion for appointment of counsel granted (89-1632; 89-1862, 89-1944, 89-7691; 90-5193; 90-5319; 90-68; 90- 5744; 90-1074, 90-6352; 90-6297; 90-6531; 90-6105) 190, 191, 192, 273, 306, 389, 540, 649, 673, 844 Motion for reconsideration of application for admission to

Bar denied (No. ) 794 Motion for reinstatement to Bar denied without prejudice (D-837) 4 Show cause order discharged and suspension order vacated (D-951) 438

BRIEFS:

Motion to dispense with printing portion of appendix to pe- tition granted (No. -) 342 Motion to strike non-record material granted and respond- ent directed to reprint brief (89-7272) 191

CERTIORARI:

Certiorari granted on Friday and parties directed to brief and argue additional questions; order amended. Dissent- ing statement by Stevens, J. (90-5721) 435, 489 Court having voted to deny certiorari when stay of execu- tion was denied, certiorari denied (90-5195) 95 Motion to amend petition granted (90-7381) 754

Motion of respondents to direct Clerk to refuse to file cer-

tiorari petition granted (No. ) 753 Parties directed to brief and argue additional questions (90-615, 90-762) 413 Petition for certiorari modified (90-967) 571 Pro se petition granted (90-6352; 90-6297; 90-6531) 441, 541, 619 Opinion respecting denial of certiorari (90-7469) 784 Order granting certiorari amended (90-6531) 673 Orders granting cases released on Friday 409 Vacate and remand to clarify jurisdictional issue presented by Solicitor General in his amicus curiae brief (90-1167) 841 V

CERTIORARI - Continued page

Vacate and remand in light of CA opinion to be filed (90-324) 538 Vacate and remand in light of position asserted by Attor- ney General of Arizona (90-5550) 305 Vacate and remand in light of position presently asserted by Solicitor General (90-308; 90-552; 90-6835) 305, 411, 672

COSTS:

Motion for attorney's fees denied without prejudice to filing in CA (90-456; 90-515) 649, 673 Motion to proceed in forma pauperis denied. Opinion per curiam (90-6051; 90-7225, 90-7226, 90-7296) 341, 671

JUDGMENTS AND OPINIONS: Granted case summarily remanded (90-605) 438 Judgment affirmed by equally divided Court. Opinion per curiam (89-1363; 88-1847) 428, 747 Judgment of CA reversed, case remanded to USDC with instructions to remand to state court (90-89) 746 Motion to dismiss writ as improvidently granted denied; writ dismissed as improvidently granted. Opinion per curiam (89-1944) 227, 428 Opinion of Court authored by two Justices in parts (89-839) 589 Same opinion concurring in part, dissenting in part filed in two different cases (89-1926, 89-1965) 645 Writ dismissed as improvidently granted as to remaining

questions not addressed in opinion of Court (89-5961) ... 427 MISCELLANEOUS:

Injunction in Voting Rights Act case granted in part; modified (A-327) 223, 239

ORIGINAL CASES: 8 Orig. — Special Master appointed 262 9 Orig. — Report of Special Master filed, supplemental decree entered. Motion of Special Master for compensation and award of expenses granted. Special Master Walter P. Arm- strong, Jr., discharged 225, 439 VI

ORIGINAL CASES -Continued page

65 Orig. — Final Report of River Master adopted; motion for approval of fees and expenses granted; motion of Special Master for compensation and award of expenses granted and Special

Master Monte Pasco discharged ..... 4, 322, 413, 439, 673 105 Orig. — Motion of Special Master for fees and expenses granted 190 106 Orig. — Report of Special Master filed, briefing sched- ule set, motion for compensation and ex- penses granted; Exceptions set for argu-

ment; argued; opinion filed 4, 413, 565, 761 108 Orig. —Motion of Special Master for fees and expenses granted 190, 774 109 Orig. — Report of Special Master filed, briefing schedule set; motion of Special Master for fees and expenses granted; Exceptions set for argument; motion for divided argument granted; argued; opinion announced; rehear- ing denied 226, 343, 439, 494, 644, 833, 908 111 Orig. — Motion of New Jersey, North Dakota and Wyo-

ming for leave to file complaint in interven- tion referred to Special Master; Interim Re- port of Special Master and fee application approved; motion of South Carolina for leave to intervene referred to Special Master; mo- tion of Alaska and Vermont for leave to in- tervene referred to Special Master; motion of Georgia and Maine for leave to intervene

referred to Special Master 5, 112, 149, 272, 843 112 Orig. — Report of Special Master filed, briefing sched- ule set; motion of Special Master for fees granted; proposed briefing schedule adopted; Exceptions set for argument in due

course 5, 112, 519, 818 t

VII

ORIGINAL CASES -Continued p age 113 Orig. — Report of Special Master granted and decree entered; motion of Special Master for fees and expenses granted and Special Master Walter P. Armstrong, Jr., discharged 226, 439 117 Orig. — Leave to file bill of complaint denied 539 118 Orig. —Leave to file bill of complaint granted; briefing

schedule set as long as parties file stipula- tion of facts. Case to be heard orally; brief- ing schedule modified 595, 868 907 PARTIES:

Leave granted United States to intervene; judgment va- cated and remanded (89-1784) 112, 245 Leave to proceed in forma pauperis without affidavit of in-

digency granted (No. ; No. ; No. ;

— ; No. — No. ; No. 90-1282; No. ; No. ) 147, 190, 342, 438, 594, 632, 794 Motion to substitute granted (89-1696) 191 REHEARINGS:

Leave to waive Rule 44. 1 denied (89-700) 97 RULES:

Rule 39 amended effective July 1, 1991. Opinion per curiam, two dissenting opinions 671 Rules of Civil Procedure amended 691 Rules of Criminal Procedure amended 691 Rules of Evidence amended 691 Rules of Appellate Procedure amended 691 Bankruptcy Rules amended 691 STAYS:

Motion to vacate stay entered May 2, 1988 granted (87-1821) 513

Respondents directed to file responses to application and petition (90-767); certiorari and application denied on Sunday 263, 267 Stay of execution granted provided stay remains in effect to allow CA to consider further in light of opinion an- nounced same dav (A-971) 859 VIII

CONCLUSION: Pa,e

Call of Calendar suspended; last case argued April 24, 1991 661, 669 Announcement that all remaining opinions will be released June 27, 1991; closing remarks by Chief Justice. Last Order List released June 28, 1991* 858, 864, 865 Last order of Term entered September 25, 1991 957 (JOURNAL MONDAY. OCTOBER 1. 199C 1 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy.

The Chief Justice said:

"I have the honor to announce, on behalf of the Court, that the Octo- ber 1989 Term of the Supreme Court of the United States is now closed and that the October 1990 Term is now convened. Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orallv."

Admissions to the Bar on Oral Motions

Applicant City and State Movant

William Bayne Harvey Virginia Beach, Henry Thomas VA Padrick, Jr. Edouard Vincent Rosa Manhattan Beach, Charles R. Wolfe, CA Jr. Perry Ramon Secrest Indianapolis, IN Gary Damon Secrest Donald Bradley Kite Sr. Indianapolis, IN Gary Damon Secrest

The Chief Justice said:

"Before calling the first case for argument this morning, it is appro- priate for us to note that today, for the first time in thirty-four years, a Term of the Court commences without our colleague Justice William J. Brennan sitting beside us on the bench. For the past fifteen years, since the retirement of Justice William 0. Douglas, Justice Brennan was the senior Associate Justice of the Court. Following his retirement this summer, his colleagues on the Court joined in sending him a letter which reads as follows:

Dear Bill:

Your decision to retire has already brought forth from others numerous acco- lades rightly testifying to your accomplishments as a Justice of this Court. You served here for nearly thirty-four years— a period exceeded by only four other members of the Court. But your profound influence upon American constitu- 2 MONDAY. OCTOBER 1. 1990

tional law arises not merely from the length of your service, but from the many notable opinions which you authored during that time. We. who have been your colleagues, have had the benefit of knowing you in a way that scholars viewing your place in history cannot. You have been our com- panion in our daily sojourns on the bench and in our sessions around the conference

table. The personal warmth which you radiate has enriched all of our lives, and has inspired all of us to maintain the cordial relations so necessary among those who may find themselves in disagreement with one another in the work which they mutually undertake. We will miss your wise counsel in our deliberations, but we know that present surcease from the labors of the Court bids fair to restore you to the good health which we so very much wish for you. Affectionately, William H. Rehnquist Byron R. White Thurgood Marshall Harry A. Blackmun John P. Stevens Sandra Day O'Connor Antonin Scalia Anthony M. Kennedy."

Justice Brennan replied as follows:

"Dear Colleagues,

I am deeply touched by your letter regarding my retirement. Its gracious senti-

ments reflect the very collegiality to which you pay tribute, and it is therefore a

fitting keepsake— one that I and my family will always cherish— of our work to- gether. The opportunity to have served on this Court has, of course, been a rare privilege, but equally rare has been the chance to form so many rich friendships in the course of that work.

I had hoped that this happy identity between colleagues and friends would per- sist for many more years. Indeed, my reluctance to retire from the Court was

sharpened by an awareness that I will no longer sit with each of you on the bench

or in the conferences, sharing in the work of this mutual enterprise. I believe the Court has achieved much in recent decades, and the pleasure of reflecting on that

record is strengthened by the knowledge that we have participated in these accom-

plishments together. But I know that friendships forged in this Court are sus-

tained by more than a common endeavor, and I therefore take comfort in the expectation that our personal ties will endure in the years ahead. With warm best wishes to each of you, Sincerely.

William J. Brennan. Jr."

Certiorari — Summary Disposition

No. 89-1915. Bradley Arthur, Petitioner v. Hillsborough County Board of Criminal Justice. On petition for writ of certiorari to the Dis- trict Court of Appeal of Florida, Second District. The petition for writ MONDAY. OCTOBER 1. 199( 3 of certiorari is granted. The judgment is vacated and the case is re- manded to the District Court of Appeal of Florida, Second District, for further consideration in light of Howlett v. Rose, 496 U. S. (1990).

No. 89-7022. Jessie Mae Stone, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Hughey v. United States, 495 U. S. (1990).

No. 89-7271. Robert Tidwell, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Grady v. Corbin, 495 U. S. (1990).

No. 89-7362. Alvin Hill, Petitioner v. Lee Roy Black, Commissioner, Mississippi Department of Corrections, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the

Fifth Circuit for further consideration in light of demons v. Missis- sippi, 494 U. S. (1990).

No. 89-7665. Wallace Martin, Petitioner v. Virginia. On petition for writ of certiorari to the Supreme Court of Virginia. The motion of peti- tioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is re- manded to the Supreme Court of Virginia for further consideration in light of Grady v. Corbin, 495 U. S. (1990).

No. 90-168. Bruce Philip Larson, Petitioner v. Minnesota. On peti- tion for writ of certiorari to the Supreme Court of Minnesota. The peti- tion for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Minnesota for further consid- eration in light of Idaho v. Wright, 497 U. S. (1990).

No. 90-5045. Ricky Lee Price, Petitioner v. North Carolina. On peti- tion for writ of certiorari to the Supreme Court of North Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated 4 MONDAY. OCTOBER 1. 1990 and the case is remanded to the Supreme Court of North Carolina for further consideration in light of McKoy v. North Carolina, 494 U. S. (1990). Orders in Pending Cases

No. — Joyce Ann Dabish, Petitioner v. Chrysler Motors Corpora- tion. The motion to direct the Clerk to file a petition for a writ of cer- tiorari, out-of-time, is denied.

- No. — . J. David Golub, Petitioner v. University of Chicago, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. - No. — . Connell Spain, Petitioner v. Metro Machines Corporation, et al. The motion to direct the Clerk to file a petition for a writ of cer- tiorari, out-of-time, is denied.

No. D-808. In the Matter of Disbarment of Nicholas A. Addams. Dis- barment order entered.

No. D-837. In the Matter of Disbarment of Frank J. Marcone. The motion for reinstatement to the Bar of this Court is denied without prejudice to seeking reinstatement following the completion of the pro- ceedings before the Disciplinary Board of Pennsylvania.

No. D-905. In the Matter of Disbarment of Larry L. Hanna. Disbar- ment order entered.

No. D-907. In the Matter of Disbarment of Irvin F. Richman. Dis- barment order entered.

No. D-908. In the Matter of Disbarment of Bernard S. Neistein. Dis- barment order entered.

No. D-914. In the Matter of Disbarment of William W. Watkins, Sr. Disbarment order entered.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The Final Report of the River Master for Accounting Year 1990 is adopted. The motion of the River Master for approval of fees and ex- penses is granted and the River Master is awarded $5,063.44 for the period April 1— June 30, 1990, to be paid equally by the parties.

No. 106, Original. State of Illinois, Plaintiff v. Commonwealth of

Kentucky. The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by the parties within 45 days. Replies, if any, may be filed by the par- ties within 30 days. The motion of the Special Master for compensation and reimbursement of expenses is granted and the Special Master is MONDAY. OCTOBER 1. 1991 5

awarded 8108,838.95 for the period June 27. 1988-July 6, 1990, to be paid equally by the parties.

No. Ill, Original. State of Delaware, Plaintiff v. State of New York The motion of New Jersey, North Dakota and Wyoming for leave to file a complaint in intervention is referred to the Special Master.

No. 112, Original. State of Wyoming, Plaintiff v. State of Oklahoma.

The Report of the Special Master is received and ordered filed. Excep- tions to the Report, with supporting briefs, may be filed by the parties within 45 days. Replies, if any, may be filed by the parties within 30 days.

No. 89-680. James B. Beam Distilling Company, Petitioner v. Geor- gia, et al. The motion of Council of State Governments, et al. for leave to file a brief as amici curiae is granted.

No. 89-1298. Ingersoll-Rand Company, Petitioner v. Perry McClen- don. The motion of respondent for divided argument is denied. No. 89-1330. International Organization of Masters, Mates & Pilots, et al., Petitioners v. Timothy A. Brown. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1416. Air Courier Conference of America, Petitioner v.

American Postal Workers Union, AFL-CIO, et al. The motion of re- spondents American Postal Workers Union, AFL-CIO, et al. to dis- miss the writ for lack of jurisdiction is denied. The motion of the Acting

Solicitor General for divided argument is granted. No. 89-1452. Mobil Oil Exploration & Producing Southeast Inc., et al., Petitioners v. United Distribution Companies, et al.; and

No. 89-1453. Federal Energy Regulatory Commission, Petitioner r.

United Distribution Companies, et al. The motion of petitioners for divided argument is granted.

No. 89-1541. Elizabeth Dole, Secretary of Labor, Petitioner v. Occu- pational Safety and Health Review Commission, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted. The motion of Occupational Safety and Health Review Com- mission for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 89-1629. Salve Regina College, Petitioner v. Sharon L. Russell. The motion of Ford Motor Company for leave to file a brief as amicus

curiae is granted.

No. 89-1717. Florida. Petitioner v. Terrance Bostick. The motion of respondent for leave to proceed in forma pauperis is granted. 6 MONDAY. OCTOBER 1. 1990

No. 89-1836. Dominic P. Gentile, Petitioner v. State Bar of Nevada. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-1895. Astoria Federal Savings and Loan Association, Peti-

tioner v. Angelo J. Solimino. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-1905. Wisconsin Public Intervenor, et al., Petitioners v.

Ralph Mortier, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-1949. Edward Tilghman, et al.. Petitioners v. Eric Kolkhorst.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-1973. Joslyn Manufacturing Company, Petitioner v. T. L. James & Company, Inc.; and

No. 90-69. Powerline Supply Company, Inc., et al., Petitioners v.

T. L. James & Company, Inc. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

No. 89-2008. Bill Clinton, Governor of Arkansas, et al., Appellants v.

M. C. Jeffers, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 89-2026. Motor Vehicle Manufacturers Association of the United

States, Inc., et al., Petitioners v. Robert Abrams, Attorney General of New York. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-34. Exxon Corporation, Petitioner v. Central Gulf Lines,

Inc., et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-95. Public Utilities Commission of Ohio, et al., Petitioners v. CSX Transportation, Inc., et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-102. Liberty County, Florida, et al., Petitioners v. Gregory

Solomon, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 89-1927. United States, Petitioner v. First Federal Savings and Loan Association of Temple. The motion of respondent to substitute Resolution Trust Corporation in place of First Federal Savings and

Loan Association, Temple, Texas, is granted.

No. 89-5867. Shirley W. Irwin, Petitioner v. Veterans Administra- tion, et al. The motion of petitioner for divided argument is denied. MONDAY. OCTOBER 1. 1990 7

No. 89-6332. Robert S. Minnick, Petitioner v. Mississippi. The mo- tion of Mississippi State Bar for leave to file an amended amicus curiae brief is granted.

No. 89-7063. Burton R. Landes, Petitioner v. Robert H. Joost. The motion of petitioner to reconsider order denying leave to proceed in forma pauperis is denied.

No. 89-7370. Moshe Gozlon-Peretz, Petitioner v. United States. The motion for appointment of counsel is granted and it is ordered that

Peter Goldberger, Esquire, of Philadelphia, Pennsylvania, is appointed to serve as counsel for the petitioner in this case.

No. 89-7594. Leroy Pletten, Petitioner v. Constance Newman, et al.

The motion of petitioner for leave to proceed in forma pauperis is de- nied. Petitioner is allowed until October 22, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Marshall and

Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 89-7826. Ruth Turner, Petitioner v. District Board of Trustees of Miami-Dade Community College, etc. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 22, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Marshall and Justice Stevens, dissenting:

For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 90-5032. Alton D. Cobb, Petitioner v. City of Detroit Common

Council, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 22, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in

Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a wT rit of certiorari without reaching the merits of the mo- tion to proceed in forma pauperis. 8 MONDAY. OCTOBER 1. 1990 Certiorari Granted

No. 89-1322. Oklahoma Tax Commission, Petitioner v. Citizen Band Potawatomi Indian Tribe of Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 89-1493. Air Line Pilots Association International, Petitioner v. Joseph E. O'Neill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 89-1782. David Hoffman, Commissioner, Department of Com- munity and Regional Affairs of Alaska, Petitioner v. Native Village of Noatak and Circle Village. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-1918. Robert L. McCormick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 89-1940. Harold Erickson, et al., Petitioners v. Maine Central

Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted.

No. 90-26. Michael Barnes, Prosecuting Attorney of St. Joseph

County, Indiana, et al., Petitioners v. Glen Theatre, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 90-79. Richard B. Kay, Petitioner v. Bremer Ehrler and Ken- tucky Board of Elections. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 90-256. G. Russell Chambers, Petitioner v. NASCO, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 89-1632. California, Petitioner v. Hodari D. The motion of re- spondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, granted.

No. 89-1690. California, Petitioner v. Charles Steven Acevedo. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, granted.

No. 89-1862. Daniel J. McCarthy, Director, California Department of Corrections, Petitioner v. Roulette Blair. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of MONDAY. OCTOBER 1. 1990 9 certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. The motion of re- spondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Ohio granted.

No. 89-1647. Carnival Cruise Lines, Inc., Petitioner v. Eulala Shute, et vir. The motion of International Committee of Passenger Lines for leave to file a brief as amicus curiae is granted. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-1799. Jeffrey M. Masson, Petitioner v. New Yorker Maga- zine, Inc., Alfred A. Knopf, Inc. and Janet Malcolm. The motion of Journalists and Academics Concerned About Media Integrity for leave to file a brief as amicus curiae is granted. The motion of Mountain

States Legal Foundation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 89-1817. County of Riverside and Cois Byrd, Sheriff of River- side County, Petitioners v. Donald Lee McLaughlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Questions 1 and 3 presented by the petition.

No. 89-1838. Equal Employment Opportunity Commission, Peti- tioner v. Arabian American Oil Company and Aramco Services Com- pany; and

No. 89-1845. Ali Bourselan, Petitioner v. Arabian American Oil Company and Aramco Services Company. Petitions for writs of certio- rari to the United States Court of Appeals for the Fifth Circuit are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 89-1909. Feist Publications, Inc., Petitioners. Rural Telephone Service Company, Inc. The motion of Association of North American

Directory Publishers, et al., for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted limited to Question 3 pre- sented by the petition.

No. 89-1926. United States, Petitioner v. Centennial Savings Bank FSB (Resolution Trust Corporation, Receiver). Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit 10 MONDAY, OCTOBER 1. 1990 granted. The case is set for oral argument in tandem with No. 89-1965,

Cottage Savings Association v. Commissioner of Internal Revenue.

No. 89-1965. Cottage Savings Association, Petitioner v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. The case is set for oral argument in tandem with No. 89-1926, United States v. Cen- tennial Savings Bank FSB.

No. 89-7376. Pearly L. Wilson, Petitioner v. Richard Seiter, et al. Motion of petitioner for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 89-7691. Dale Robert Yates, Petitioner v. Parker Evatt, Com- missioner, South Carolina Department of Corrections, et al. Motion of petitioner for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of South Carolina granted.

No. 89-7743. Thaddeus Donald Edmonson, Petitioner v. Leesville Concrete Company, Inc. Motion of petitioner for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 90-18. Robert D. Gilmer, Petitioner v. Interstate/Johnson Lane Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted limited to Question 1 pre- sented by the petition. No. 90-29. James C. Pledger, Commissioner of Revenues of Arkan- sas, Petitioner v. Daniel L. Medlock, et al.; and

No. 90-38. Daniel L. Medlock, et al., Petitioners v. James C. Pledger, Commissioner of Revenues, et al. Petitions for writs of cer- tiorari to the Supreme Court of Arkansas granted. The cases are con- solidated and a total of one hour is alloted for oral argument.

No. 90-143. Connecticut and John F. Digiovanni, Petitioners v. Brian K. Doehr. The motion of Connecticut Bankers Association, et al, for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit granted. Certiorari Denied

No. 89-1427. Herbert Pate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1428. Richard E. Schwartz, Petitioner v. William L. Hun- gate, United States District Judge for the Eastern District of Missouri. MONDAY. OCTOBER 1, 1990 11

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 89-1435. American Railway and Airway Supervisors Associa-

tion, et al., Petitioners v. Soo Line Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 89-1505. Joan Betts Diplarakos, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 89-1517. Kenneth Linn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1566. Virginia M. Sejman, et al., Petitioners v. Warner-Lam- bert Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1573. Alabama, Petitioner v. Walter Raybon McDaniel. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-1582. Connecticut, et al., Petitioners v. United States Merit Systems Protection Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1584. Dean Witter Reynolds Inc., et al., Petitioners v. Flora- belle Coffey. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1588. Curtis L. Wrenn, Petitioner v. Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1603. Marian F. Chew, Petitioner v. California. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1604. Oregon State Police Officers Association, Inc., et al.,

Petitioners v. Oregon, et al. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 89-1605. Paul A. L. Nelson, Petitioner v. Loretto L. Jones. Peti- tion for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-1620. Independent Insurance Agents of America, Inc., et al.,

Petitioners v. Board of Governors of the Federal Reserve System, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. 12 MONDAY. OCTOBER 1. 1990

No. 89-1622. Odeh Joseph Saleh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1633. Cecil Arnold Odom, aka Bud Kelly, Petitioner u. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1634. Steven Lyman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1640. Terry Ray Sluder, et ux., Petitioners v. United Mine Workers of America, International Union, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1648. Sandoz Pharmaceuticals Corporation, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1654. Alabama, Petitioner v. Douglas Freeman. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 89-1656. Stephen Goot, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1672. Thomas D. Powell, Petitioner v. Wesley Parsons, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1675. Carl Carter, et al, Petitioners v. Fred T. Goldberg, Jr., Commissioner of Internal Revenue, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1683. Water Power Company, Inc., et al., Petitioners v.

PacifiCorp, et al. Petition for writ of certiorari to the Court of Ap- peals of Oregon denied.

No. 89-1691. Serena Dunn, et al., Petitioners v. Florida Bar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1705. Atlas Corporation, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1707. Vincent James Landano, Petitioner v. John J. Rafferty, Superintendent, Rahway State Prison, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. MONDAY. OCTOBER 1. 1990 13

No. 89-1708. James T. Kouno, Petitioner v. Oregon State Board of Higher Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1711. Jerry D. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1716. Pueblo of Santo Domingo, Petitioner v. Arnold J. Rael, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 89-1721. John H. Cox, Petitioner v. Keystone Carbon Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-1723. John J. B. Jones, Petitioner v. Baskin Flaherty Elliott & Mannino, P. C. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1728. Western Fuels-Utah, Inc., Petitioner v. Manuel Lujan, Jr. of the Interior; and , Secretary

No. 89-1958. Colowyo Coal Company, et al., Petitioners v. Manuel Lujan, Jr., Secretary of Interior. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1731. Todd Patterson, Petitioner v. Federal Bureau of Inves- tigation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1734. Thomas V. Cassidy, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1735. John Pozsgai, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1737. Nelson Edgar Emmens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1744. Laverna S. Bishop, Personal Representative and Sole

Surviving Heir, for the Estate of Alan H. Bishop, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-1758. Gary L. Penny, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. 14 MONDAY. OCTOBER 1. 1990

No. 89-1765. Florida Department of Labor and Employment Secu- rity, Petitioner v. United States Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1770. TeleSTAR, Inc., Petitioner v. Federal Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-1773. Suzanne E. Gwin, Petitioner v. G. D. Searle and Co. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1774. Henry F. K. Kersting, Petitioner v. United States, et al. ; and

No. 89-1775. Richard Hongsermeier, et al., Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1778. L. Shyrl Brown and Ila D. Brown, Petitioners v. Calvin Gould, Aldon J. Anderson and David Sam, Judges, United States Dis- trict Court for the District of Utah. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1779. Beulah W. Booker, Petitioner v. Paul E. Riley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-1781. Estate of James Manno and Dominick Manno, dba As- torian Manor, Petitioners v. New York State Tax Commission. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 89-1786. Timothy E. Russell, Petitioners. Leonard G. Dunston, Individually and as Director of the New York State Division for Youth, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 89-1787. Nebraska Public Power District, Petitioner v. Nucor Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1788. Claude C. Fletcher, Petitioner v. San Jose Mercury News, Inc. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Sixth Appellate District, denied.

No. 89-1789. David Zetune, Petitioner v. Elisa Agami. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. MONDAY. OCTOBER 1. 1990 15

No. 89-1790. Amy McCain, a minor, by her next friend William R.

McCain, et al., Petitioners v. Houston Independent School District, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-1794. Gerald L. Schulman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1795. Blunt, Ellis & Loewi Incorporated, John Fromm and

Peter Pfeffer, Petitioners v. Ronald P. Hlavinka and Jimmie G. Davi- son. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-1798. Joseph Anthony Fausto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1800. Assay Partners, Petitioner v. City of New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 89-1802. Walter Greene, Jr., Petitioner v. Armco, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1804. James J. Corrigan, Jr., et al., Petitioners v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-1807. Ronald E. Brown, Petitioner v. City of Seattle. Peti- tion for writ of certiorari to the Superior Court of Washington, King County, denied.

No. 89-1808. James Wilson, Petitioner v. Security Insurance Com- pany. Petition for writ of certiorari to the Supreme Court of Connecti- cut denied.

No. 89-1810. William R. Saul, Petitioner v. Pennsylvania Civil Serv- ice Commission, and Department of Labor and Industry. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 89-1811. Atlantic Richfield Company, Inc., Petitioner v. Daniel Kimbro. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-1813. Harry G. John, etc., Petitioner v. Erica P. John, etc., et al. Petition for writ of certiorari to the Court of Appeals of Wis- consin, District I, denied. 16 MONDAY, OCTOBER 1. 1990

No. 89-1814. Gary Estep, Petitioner v. Liberty Homes, Inc. and Paul Bolinsky. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 89-1815. Donna Tozzi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1816. USX Corporation, Petitioner v. Elbert G. Green and Robert Danley. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1818. David I. Smith, Petitioner v. Robert McDonald. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1819. Monica McCabe, Petitioner v. Eugene A. Pelizzoni, Edward F. Lewis, Board of County Commissioners, Tulsa County, Oklahoma and John F. Cantrell, County Treasurer of Tulsa County, Oklahoma. Petition for writ of certiorari to the Court of Appeals of Oklahoma, Third Division, denied.

No. 89-1820. Tara C. Trent, Executrix of Estate of Patrick R. Col- lins, Deceased, Petitioner v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1822. Jovencio F. Madarang, et al., Petitioners v. Mariano R. Bermudes, Executive Director, Commonwealth Health Planning and

Development Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1824. Laura J. Harmath, Petitioner v. George Goler, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-1827. Silas E. Counts, Petitioner v. Burlington Northern Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1828. Timmy Dale Giltner, et ux., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1831. Walter A. Walker, Jr., Petitioner v. Consumers Power Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1832. Healthcare International, Inc., et al. v. L & B Hospital

Ventures, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. OCTOBER 1. 1990 17

No. 89-1833. Lawrence D. Marvin, Petitioner v. Grand Lodge IOOF of Nebraska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1835. Kelvin H. Keith, Petitioner v. Equal Employment Op- portunity Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1837. United Transportation Union, Petitioner v. Grand Trunk Western Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1840. Kulalani Ltd., et al, Petitioners v. Lillian Hagopian

Corey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1842. F. Mabel Baker and Howard C. Porter, Jr., Petitioners v. Mayor & City Council of Baltimore. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1846. Mark L. Schwarcz, Petitioner v. Harriet B. Schwarcz. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 89-1847. Jacquelyn F. Jones, Petitioner v. Turner Broadcasting System, Inc. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-1848. Claude Lewis Thoman, Petitioner v. Concept, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1850. George M. Horn, et ux., Petitioners v. Smith & Me- roney, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-1852. Ray Stanley Furrh, Petitioner v. Sabine Towing & Transportation Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 89-1853. Frank W. Snepp, III, Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1856. Gregory Scarpa, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-1857. Duane Galloway, on Behalf of Sean and Kelly Galloway,

Minors, Petitioners v. Lorimar Motion Picture Management, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Richland County, denied. 18 MONDAY. OCTOBER 1. 199C

No. 89-1859. Albert J. DeAngelis, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1861. Mic Mac Nation, Petitioner v. Donald James Giesler,

et al. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied.

No. 89-1863. Henry and Warren Corporation, Petitioner v. Cobble Hill Nursing Home, Inc., and David Axelrod, Commissioner of New York Department of Health. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-1865. Guadalupe County, Petitioner v. Lorelei Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1866. Franklin Pierce Law Center, Petitioner v. Georgetown University. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1868. Oulo OA' and OY Finnlines, Ltd., Petitioners v. John Callen. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-1869. Independence Blue Cross, et al., Petitioners v. U. S.

Healthcare, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1871. J. Robert Burk, Jr., Petitioner v. Patricia A. Burk. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 89-1875. City of Santa Ana, Petitioner v. Dale Conner, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1877. Michael Null, Petitioner v. City of Lansing, Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1878. Mark Reiter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Xo. 89-1879. Michael J. Friedrich, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1880. Consolidated Freightways, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY. OCTOBER 1. 1990 19

No. 89-1881. Jerry McDonald and Calvary Boys Ranch, Petitioners

v. Oklahoma, ex rel. Don Roberts, District Attorney, Pittsburg County. Petition for writ of certiorari to the Court of Appeals of Okla- homa, First Division, denied.

No. 89-1883. Truckee-Carson Irrigation District, et al., Petitioners

v. United States and Pyramid Lake Paiute Tribe of Indians. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-1884. South Carolina Department of Social Services, Peti- tioner v. Louis W. Sullivan, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 89-1885. Thais Carriere, Individually and on Behalf of Richard

Darcey Carriere, et al., Petitioners v. Sears, Roebuck & Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-1886. Roy Herberger, etc., Petitioner v. Theodore Shan- baum. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-1887. Texas, Petitioner v. Clarence Lee Brandley. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-1888. City of South Euclid, Petitioner v. Daiva Richardson and Ronnie Richardson. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-1889. Simon J. Pinhas, Petitioner v. Summit Health, Ltd., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 89-1891. Gale R. Rankin, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 89-1892. Dorothy Gonzales, Petitioner v. New Mexico Educa- tional Retirement Board, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 89-1894. Ceferino Coloma, Petitioner v. Director, Office of Workers' Compensation Programs and Chevron Shipping Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1896. Avondale Shipyards, Inc., Petitioner v. Chester J. Or- geron, Jr., et ux. Petition for writ of certiorari to the Supreme Court of Louisiana denied. 20 MONDAY. OCTOBER 1. 1990

No. 89-1898. Steven Howard Oken, Petitioner v. Maine. Petition for writ of certiorari to the Superior Court of Maine, Knox County, denied.

No. 89-1899. Neil Rypkema, dba Laurel Hill Trucking Company,

Petitioner v. Deidre Caluri. Petition for writ of certiorari to the Su- preme Judicial Court of Maine denied. No. 89-1903. Elmer Flemings, Henry McCoy and Lee H. Reynolds,

Petitioners, v. David Dinkins, Mayor of the City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1906. Samuel Deutsch, Petitioner v. Robert G. Flannery, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1907. Russell F. Manfredi, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-1908. Connecticut, Petitioner v. James Kristy. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 89-1910. Joanne Limbach, Tax Commissioner of Ohio, Petitioner v. American Home Products Corporation. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 89-1911. Robert C. Bell, Jr., Petitioner v. John P. Lyden. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-1912. Donald Ray Brick, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied.

No. 89-1913. Harvey Johnpoll, Petitioner v. Dick Thornburgh, At- torney General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-1914. Andrew Downie, Daniel Matthews, Martin Marotta and

Charles Carroll, Petitioners v. New Jersey. Petition for writ of certio- rari to the Supreme Court of New Jersey denied.

No. 89-1916. Jeanette Verna, Petitioner v. Gregory L. Coler, Secre- tary, Florida Department of Health and Rehabilitative Services. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1917. Rick Kay, et al., Petitioners v. Cellar Door Produc- tions, Inc. of Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 1. 1990 21

No. 89-1919. Terry E. Barth, Petitioner v. Jules Silver. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 89-1920. Ronald R. Rewald, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1923. Rodney D. Hendrick, Petitioner v. H. E. Avent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1930. Oliver Curtis Powell, Petitioner v. Betty T. Ellison (Powell). Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 89-1932. Scott A. Sealey, etc., et al.. Petitioners v. Toyota Mo- tors Corporation. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 89-1933. Chesapeake Publishing and Advertising, Inc., ta "The

Military News," et al.. Petitioners v. Eastern Publishing and Advertis- ing, Inc., ta "Armed Forces News." Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1934. Raymond Francis Bayerle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1935. Kenneth Damon, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-1936. Karl Stevens, et ux., Petitioners v. Tax Assessor of Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 89-1937. Quantum Chemical Corporation, Petitioner v. Distill- ery, Wine & Allied Workers International Union, Local Union No. 32, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1938. Joseph C. Kirchdorfer, et al., Petitioners v. Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1939. Tri-State Motor Transit Company, Petitioner v. Laura

Atkinson, et al. Petition for writ of certiorari to the Court of Appeals of Oklahoma. Second Division, denied.

No. 89-1941. Nancy Jane Baker. Petitioner v. Lloyd W. Aubry, Jr.,

California State Labor Commissioner, et al. Petition for writ of cer- tiorari to the Court of Appeal of California, First Appellate District, denied. 22 MONDAY. OCTOBER 1. 199<

No. 89-1942. Herman Bloom and Herbert K. Fisher, Petitioners v.

United States and Herbert K. Fisher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1943. Larry Gene Kleasner, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 89-1945. Laurine Brown (LaMar), Petitioner v. Fox Valley & Vicinity Construction Workers Pension Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 89-1946. Ralph Roger Bergman, Petitioner v. Department of Commerce, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1947. John Remington Graham, Petitioner v. William J. T W ernz, etc. Petition for writ of certiorari to the Supreme Court of Min- nesota denied.

No. 89-1948. Encore Associates, Inc., et al., Petitioners v. Willard C. Shiner, et ux. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 89-1950. Ross A. Phillips, Petitioner v. United States Depart- ment of Agriculture, Forest Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 89-1953. American Postal Workers Union, AFL-CIO, Petitioner v. United States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1954. Anthony Santiago, Petitioner v. United States; and

No. 89-7702. Jack D. Liffiton, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1955. Alaska Airlines, Inc., Petitioner v. International Asso- ciation of Machinists and Aerospace Workers, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1956. Donald Weil, General Partner, TMG II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 89-1957. Cecil Isbell, Charles Sullins and Clint Core, Petition- ers v. Glenda Sue Smith, et al. Petition for writ of certiorari to the Supreme Court of Alabama denied. MONDAY. OCTOBER 1. 1991 23

No. 89-1959. Mark L. Shyres, Joseph E. Martino and Michael A.

Orloff, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1961. Harry G. John, et al, Petitioners v. Michael J. Barron, Individually and in his official capacity as Judge, Circuit Court of Mil-

waukee County, Wisconsin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1962. Donald W. Hannon, Petitioner v. Edward J. Derwin-

ski, Administrator of the Veterans Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1963. Floyd Roberts, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 89-1964. Menatsagan Melikian and Kambiz Aftassi. Petitioners

v. Anthony Corradetti, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1966. Richard A. Banks, Petitioner v. H. Lawrence Garrett, III, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1967. Hubert A. Burnette, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 89-1968. Lorenzo W. Coats, Petitioner v. Percy Pierre, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1969. Marie M. McMahon, Petitioner v. Donald H. Kent,

Judge, Circuit Court for the City of Alexandria, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1970. Glenn W. Carter, Petitioner v. Lisa Antoci. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-1971. James Guy Gish, James Michael Waggoner, and Daniel

R. Martin, Petitioners r. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1975. Milton H. Juister, Petitioner v. Bechtel Power Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 24 MONDAY. OCTOBER 1. 199C

No. 89-1976. Louis Auricchio, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1977. George J. Lemak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-1978. Rex A. Sharp, et al., Petitioners v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 89-1980. Marvin Stone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1981. Howard E. Williams, Petitioner v. City of Northport. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.

No. 89-1982. John Monroe, et al., Petitioners v. City of Woodville,

Mississippi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1984. Frank L. Whitmer, et ux., Petitioners v. John Hancock

Mutual Life Insurance Company, et al. and Frank L. Whitmer, et ux.

v. John Hancock Mutual Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-1985. California Division of Apprenticeship Standards, et al.,

Petitioners v. Hydrostorage, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1991. Lawrence Hochheiser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-1992. Ronald Richard Aanerud, Paul Vincent Morinville and

Rhonda Rae Morinville, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 89-1993. Stuart A. Larsen, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-1994. Roland Mastandrea, et ux., Petitioners v. News Her- ald, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Lake County, denied. No. 89-1995. Mike Sexton, Individually and as Limited Guardian of the Separate Estate of Julie Sexton, etc., Petitioners v. Lone Star Life MONDAY. OCTOBER 1. 199( 25

Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1996. Estella Haynes Robinson, Administratrix of the Estate

of Willie Robinson, Jr., et al.. Petitioners v. MTD Products, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1998. Joseph Slomnicki, Petitioner v. Allegheny County Health Department. Petition for writ of certiorari to the Common- wealth Court of Pennsylvania denied.

No. 89-1999. Diebold, Incorporated, Petitioner y. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-2002. Joe A. Gamez, Petitioner v. State Bar of Texas. Peti- tion for writ of certiorari to the Supreme Court of Texas denied.

No. 89-2003. Massachusetts Board of Registration in Medicine, Peti- tioner v. Lawrence Kvitka. Petition for writ of certiorari to the Su- preme Judicial Court of Massachusetts denied.

No. 89-2005. Joyce Carle, Petitioner v. L. F. Woods, Postmaster. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-2006. William A. Roscoe, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-2009. Clift C. Lane, et ux., Petitioners v. John E. Peterson,

Jr., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-2010. County of Albemarle, Virginia, Petitioner v. William S.

Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-2011. City Vending of Muskogee, Inc., Petitioner v. Okla- homa Tax Commission. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-2012. Willie Andre Smith, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-2014. Orthopedic Equipment Company, Inc., Petitioner v. Harold Walter Pietz. Petition for writ of certiorari to the Supreme Court of Alabama denied. 26 MONDAY. OCTOBER 1. 1990

No. 89-2015. Sisseton-Wahpeton Sioux Tribe, et aL, Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-2018. Jon G. Murray, et al, Petitioners v. Travis County Dis- trict Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-2019. Carl P. Scheidegg, Petitioner v. Shirley Ferguson. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 89-2020. John Worley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-2022. Mary A. Vogel, Petitioner v. Mark J. Ellis. Petition for writ of certiorari to the Court of Appeals of Ohio, Wyandot County, denied.

No. 89-2023. Bradley Richie, Petitioner v. Thomas A. Coughlin, III, Individually and as Commissioner of the Department of Correctional

Services, et al. Petition for writ of certiorari to the Appellate Divi- sion, Supreme Court of New York, Third Judicial Department, denied.

No. 89-2024. Jose Gerardo Munoz-Fabela, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-2025. Fireman's Insurance Company, et al., Petitioners v.

Arkansas State Claims Commission, et al. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 89-2028. Richard Lee Sands, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 89-2030. Commissioner of Revenue Services of Connecticut,

Petitioner v. Cally Curtis Company. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 89-2031. Kuang Hsung J. Chuang, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 89-2032. Scott Kern, Jon Lester and Jason Ladone, Petitioners v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-6604. Richard Strand, Petitioner v. Defense Logistic Agency. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. OCTOBER 1. 1990 27

No. 89-6677. Bennie Ree White. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-6813. Larry Turnbull, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-6881. Jack Douglas Johnson, aka Jack 0. Johnson, Petitioner

v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6943. Eddie Adair, Petitioner v. United States; and

No. 89-7687. Victoria Toomer, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-6967. Kevin Burke, Petitioner v. Howard L. Beyer, Adminis- trator, New Jersey State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7010. Howard Emmett Bramblett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7025. Jim Mount, Petitioner v. Melvin F. Gorelick and Roger Bartels. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Sixth Appellate District, denied.

No. 89-7036. Brian John Tibesar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7136. Paul A. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7138. Paul A. Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 89-7149. Douglas Loren Marsh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7156. William Stone, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. 28 MONDAY. OCTOBER 1. 1990

No. 89-7174. Lawrence Minton, Petitioner v. Key Serve Group. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7183. Hector Hernan Hoyos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7185. Stephen A. Hrivnak, Petitioner v. New Jersey. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 89-7195. Gustavo Vasquez. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7206. Antonio Palomo, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 89-7208. Charles James Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7215. Stephen Shendock, Petitioner v. Director, Office of Workers' Compensation Programs. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7241. Vangie Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7248. Salvator Letizia, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 89-7249. Wade Johnson, Petitioner v. George Alexander, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-7251. Philip Casey and Rose Marie Casey, Petitioners vr Jack Kemp, Secretary of Housing and Urban Development. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7281. Keith Schmidt, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 89-7282. Dan Reardon, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. OCTOBER 1. 199C 29

No. 89-7284. Michael Wayne Butler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7287. Leonard Nicholas, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 89-7290. David Keith Lewis, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 89-7292. Robert Ralph Johnson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied.

No. 89-7298. Jamie Russell Davis, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-7300. Arthur Britton, Sr., Petitioner v. Central Bank. Peti- tion for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied.

No. 89-7319. Daniel De Nardo, Petitioner v. Alaska. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 89-7320. Joseph Giarratano, Johnny Watkins, Jr., and Richard

T. Boggs, Petitioners v. Edward W. Murray, Director, Virginia De- partment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7328. Douglas McCourt, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 89-7336. Stanley Mose Cardine, Petitioner v. Al Parke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7345. Donald Rossbach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7348. Eloy Tello, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate Dis- trict, denied.

No. 89-7349. Winston Willis, Petitioner v. First Bank National Asso- ciation. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. 30 MONDAY. OCTOBER 1. 1990

No. 89-7354. Robert Donald Stigler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7357. Freddie Rogers, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 89-7366. Jessie Rutledge, Petitioner v. Bob Martinez, Governor of Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-7383. William Frank Meyer, Petitioner v. Zeigler Coal Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7405. David Starks, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 89-7406. William Allen Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7411. Joseph Vail, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7413. Hollis Wesley Shaw, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7414. Gary Silvers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7425. Paul Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7432. Logan E. Combs, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7436. George Polchlopek, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7439. Edgar Perry, Petitioner v. Donald Rice, Secretary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7456. Maurice Hunley, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. MONDAY, OCTOBER 1. 1990 31

No. 89-7464. Robert Turner, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-7477. Bobbie Lee Adams, III, Petitioner v. Richard L.

Dugger, Secretary, Florida Department of Corrections, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7478. Stanley Grochowski, Petitioner v. Hoyt C. Cupp, Su- perintendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7479. Elon Kevan Rowlee, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7480. Charlie Coleman White, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7481. Joyce H. Gibson, Petitioner v. Thomas E. Moore, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7482. Joyce H. Gibson, Petitioner v. Ralph C. Clontz, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 89-7484. Joseph Nathaniel Brown, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7486. Susan Strout, Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 89-7487. Victor Woodard, Petitioner v. Thomas Coughlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7488. Michael Wright, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7489. Franklin L. Green, Petitioner v. Bruce N. Lynn, Secre- tary, Louisiana Department of Corrections. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7490. Ervin Earl Rutter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 32 MONDAY. OCTOBER 1. 1990

No. 89-7493. Eugene L. Goad, Petitioner v. Terry L. Morris, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 89-7495. John K. W. Bondzie, Petitioner v. Woodley and Simon, et al. Petition for writ of certiorari to the Circuit Court of Virginia, City of Richmond, denied.

No. 89-7502. Jerlene Abbott, Petitioner v. Claiborne Parish School Board. Petition for writ of certiorari to the Court of Appeal of Loui- siana, Second Circuit, denied.

No. 89-7511. Ricardo Martinez, Petitioner v. 0. I. White, Warden and United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7513. Clyde Michael Morgan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7517. Alton J. Bailey, Petitioner v. Ryan Stevedoring Com- pany, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7520. Robert Wright, Petitioner v. Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 89-7521. Herbert Sims, Petitioner v. Hans Walker, Superintend- ent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7525. Huey Wright, Petitioner v. Raymon Rodriguez. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7526. Kenneth W. Evans, Petitioner v. United States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7527. Stanley Ferryman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7530. Stanley Robert Murrell, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-7534. Michael W. McRae, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. OCTOBER 1. 1991 33

No. 89-7535. Patrick J. Mullen, Petitioner v. Larry Smith. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7536. Betty Jean Klacsmann, Petitioner v. Jess Parrish Hos- pital. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 89-7537. Paul Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7540. John Winston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7541. Arthur Nickens, Petitioner v. George T. Lewis. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7542. Clifford D. Noe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7543. Gary Leonard Camp, Petitioner v. Virginia. Petition for writ of certiorari to the Circuit Court of Virginia, Pulaski County, denied.

No. 89-7546. Michael Allen Kosek, Petitioner v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7547. Nicholas Marlow, Petitioner v. New York City Board of Examiners. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7548. Robert Edward Hausman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7549. Roderick Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-7550. Nolan Redden Egger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7551. Lawrence Patrick Trenier, Petitioner v. Eddie Myers,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 34 MONDAY. OCTOBER 1. 199C

No. 89-7554. Amos Ratcliff, Petitioner v. James Rowland, Director, California Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7555. Felix A. Pagan Centeno, Petitioner v. Rafael A. Lopez, et al. Petition for writ of certiorari to the Superior Court of Puerto Rico, Centro Judicial de San Juan, denied.

No. 89-7558. Ronald Rogers-Bey, Petitioner v. Kenneth McGinnis, Director, Illinois Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7559. Charles Taylor, Petitioner v. First Bank of Indiantown. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 89-7561. Jesus Sud, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7564. Douglas Wayne Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7565. Chester L. Davidson-El, Petitioner v. United States

Department of Justice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7569. Charles C. Brewington, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7571. Billie Jo Dotson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7572. Norman Keith Chase, Petitioner v. Oregon, et al. Peti- tion for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-7574. Ronald Pryor, Petitioner v. Deborah Allen, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7576. Ruth Molina-Iguado, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7578. Bernard Harris, Petitioner v. Thomas J. Burdorff. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 1. 1990 35

No. 89-7582. Ralph Lepiscopo, Petitioner v. Mark Hopwood. et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 89-7583. Percy Jones, Petitioner v. Eddie Meyers, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7584. Wilbur E. Cook, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-7586. Kenneth Wayne Ballard, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-7587. Clarence Greathouse, Jr., Petitioner v. Ronald Mar- shall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7591. Louis Pina, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 89-7592. Derrick Townsend, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7593. James Harmon, III, Petitioner v. Tom L. Barton, Su- perintendent, Florida State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7595. David Gomez, Petitioner v. United States; and

No. 89-7602. Dan Martinez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7598. George C. Jackson, Petitioner v. Department of Trans- portation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 89-7599. Larry Dornell Harrison, Petitioner v. M. L. Stallings, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 89-7603. Robert Leppaluoto, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 36 MONDAY. OCTOBER 1, 1991

No. 89-7604. Manuel S. P., Petitioner v. California. Petition for wit of certiorari to the Court of Appeal of California, Fourth Appellate Dis- trict, denied.

No. 89-7607. Russell Walker, Petitioner v. People Express Airlines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7609. James Riley, Petitioner v. John Sullivan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7610. Clifton Franklin, Petitioner v. Paul D. Caspari, Super- intendent, Missouri Eastern Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

r No. 89-7613. Pearly Wilson, Petitioner v. George W ilson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7614. Doris E. Wyatt, Petitioner v. Louis W. Sullivan, Secre- tary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7615. Winston Willis, Petitioner v. First Bank National Asso- ciation. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 89-7618. Alvin Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7623. Andres Valdez, Petitioner v. Jim Brittain, Superin- tendent, Arkansas Valley Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7625. John Melvin Aylett, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appel- late District, denied.

No. 89-7626. Tony Victor Bunion, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7627. David Earl Vidaurri, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7628. Domingo Gonzales, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. MONDAY. OCTOBER 1. 1990 37

No. 89-7629. Joseph W. Maugeri, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7633. Jerome Chipp, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 89-7637. Jackson Rip Holmes, Petitioner v. James G. Genco, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 89-7641. Michael Owen Brannan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7642. Charles Stringer, II, Petitioner v. J. T. Johnson, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 89-7643. Jeffery Vaughn, Petitioner v. Donald Boswell, Sheriff. Petition for writ of certiorari to the Circuit Court of Virginia, Henrico County, denied.

No. 89-7644. Robert W. Jager, Petitioner v. Lafayette Township, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 89-7647. Alan McFadden, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary. Petition for writ of certiorari to the Circuit Court of Mississippi, Fourth District, Sunflower County, denied.

No. 89-7648. Arthur Nickens, Petitioner v. City of Marks, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7649. Douglas Ray Harrell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7652. Danny R. Hollingsworth, Petitioner v. Supreme Court of Nevada. Petition for writ of certiorari to the Supreme Court of Ne- vada denied.

No. 89-7653. Steven Linder, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution at Graterford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7654. Larry Ray McCoy, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- 38 MONDAY. OCTOBER 1. 1990 tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7655. Charles E. Littlejohn, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-7656. Ahmad Jamahl A., Petitioner v. Los Angeles County Superior Court. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-7657. Edward Whiddon, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7658. William Douglas Brown, Petitioner v. Billy Mc- Wherter, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7663. Johnny Lee Frazier, Petitioner r. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 89-7668. John Wayne Harris, Petitioner v. Alumax Mill Prod- ucts, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7669. James L. Martin, Petitioner v. United States Depart- ment of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7674. Robert Williams, Petitioner v. Henry L. Solano, Acting Executive Director, Colorado Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7675. John Pimentel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7676. John Diehl, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7678. Annell Saucier and Billy Joe Woods, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7681. John David Strong, Petitioner v. James Blutcher, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. OCTOBER 1. 1990 39

No. 89-7685. Johnny Ray Basham, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-7686. Raymond K. Evans, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7689. Kevin Morris Elrod, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7692. Phillip Brannon Courtney, Petitioner v. Richard L.

Dugger, Secretary, Florida Department of Corrections, et al. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 89-7694. Harry Albert Green, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7695. Jack Frost, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Courtof California, Los Angeles County, denied.

No. 89-7696. Wayne Hislop, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7697. Kamal B. Mahdavi, Petitioner v. Central Intelligence Agency. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 89-7698. In Re Kamal B. Mahdavi, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7699. Gary Lee McColpin, Petitioner v. Clark V. Owens. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7700. James L. Martin, Petitioner v. Joseph J. Farnan, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7701. Michael Morton, Petitioner v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 89-7703. Phyllis Maltby, Petitioner v. Utah Non-Profit Housing

Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 40 MONDAY. OCTOBER 1. 1990

No. 89-7704. Dianl McGuire, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-7705. Franklin Delano Moore, Petitioner i\ United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7706. Henk Visser, Petitioner v. United States Court of Ap- peals for the District of Columbia Circuit. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7707. John Story. Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. No. 89-7708. Jerald James Avers, Sidney Wayne Bishop and Jimmy

Steven Jilek, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7710. Autrey J. Locklear, Petitioner u. Delaware, et al. Peti- tion for writ of certiorari to the Supreme Court of Delaware denied. No. 89-7711. Mike Francisco Alvarez, aka Mike Frank Alvarez. Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7712. Ernie Benitez, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 89-7713. Donovan Jerome Scott, Petitioner v. Richard Single- ton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7714. Gary Stedman, Petitioner v. Farm Credit Bank of St.

Paul, et al. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 89-7715. Luis Olivier, Petitioner v. United States. Petition for writ of certiorari to the United States Court: of Appeals for the Second Circuit denied.

No. 89-7717. Leo F. Dermota, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7718. Joseph Garaventi. Petition v. Board of Review, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 89-7720. Linda Lou German. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. OCTOBER 1. 1990 41

No. 89-7721. Napoleon Foster, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-7723. Manuel Ruan-Esparza, Petitioner i'. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7725. Leonard Vickers, Petitioner v. United Parcel Service, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7726. Dwight Purk, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7727. Hector Fernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7728. Collin Lee Quick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7729. Robert Edward Ross, Petitioner v. Minnesota. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 89-7733. Tim E. Conley, Petitioner v. Phillip R. Johnson. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi- sion 3, denied.

No. 89-7734. Ernest A. Cowden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7735. Delbert Bowling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7736. William Cooper, Petitioner v. Jackson County Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7737. Norman Keith Chase, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 89-7738. Hiram Ash, Petitioner v. Ronald Mackin, et al. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appel- late District, denied.

No. 89-7739. Sharon Elliott, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. 42 MONDAY, OCTOBER 1, 1990

No. 89-7741. Joel Gregory Arnold, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 89-7742. Lorenzo Bendingfield, Petitioner v. Al C. Parke, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7744. James Edward Anderson, Petitioner v. Robert G. Borg, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7746. Theresa Mulqueen Skeeter, Petitioner v. City of Nor- folk, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7747. Raymond Snell, Petitioner v. City and County of Den- ver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7748. Thurman Harlem Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7749. Phillip Reginald Higginbotham, Petitioner v. Theodore Koehler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7750. William Stillwell and William Stevens, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7751. Gerald Lucas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7756. Charles Thompson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7757. Harry Van Dyke and Kevin Plummer, Petitioners, v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7758. Ina Sowell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7759. Clotilda Rains, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. OCTOBER 1. 1990 43

No. 89-7760. Lawrence Petitta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7761. Kimothy Ross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7762. Thomas Grant, Petitioner v. Barry Gaither, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7763. Donald Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7764. Walter Trayer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7765. Donald Althoff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7766. William Baylies and Peter Andresen, Petitioners v.

Prince George's County, Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7767. Doris Culver, Petitioner v. County of Rensselaer, New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7769. Mark John Jones, Petitioner v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 89-7770. Darryl James McGlamry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7771. Clayton Manning, Petitioner v. Crispus Nix, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7772. Isiah James, II, Petitioner v. Grady A. Wallace, Com- missioner, South Carolina Department of Probation, Parole, and Par- don Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7774. Colen Neale Isenhower Hoffman, Petitioner v. Edward L. Cohn, Superintendent, Indiana State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. 44 MONDAY. OCTOBER 1. 1990

No. 89-7776. Dean Ray Henderson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 89-7778. Brenda Collier, Petitioner v. R. H. Dowden, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7780. Charles Evans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7783. James Blackmon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7784. Lloyd Ratliff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7790. Robert Harding, Petitioner v. Donald Allen, Commis- sioner, Maine Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7791. Shawn Milne, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 89-7792. William Mark Piotrowski, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 89-7794. Claude L. Huard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7795. Earnestine Mack, Petitioner v. United States; and

No. 89-7811. Albert Ray Macklin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7796. Adam Klein, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-7797. Anibal Maldonado, Petitioner v. Daniel Senkowski, Su- perintendent, Clinton Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. OCTOBER 1. 1990 45

No. 89-7798. Joseph Jefferson, Petitioner v. James E. Johnson, War-

den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7799. Darrin Henry, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 89-7800. Lisa M. Moore, Petitioner v. Sharon Ficquette, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7801. James Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7802. Bennie Earl Hudson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7803. Robert Heath Pope, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 89-7804. Naor David Arbel, Petitioner v. Turgeon Restaurants of Niagara Falls, Inc. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 89-7805. Alex Ray Bailey, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 89-7807. John Wilder, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 89-7808. James Earl Williams, Petitioner v. James Chrans, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 89-7809. David Guillermo Sarti-Tinoco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7810. Deborah Herron, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7812. Jerry R. Milton, Petitioner v. Carl Yingst, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 46 MONDAY. OCTOBER 1. 1990

No. 89-7813. George Monore Hederson, Petitioner v. Arthur Tate, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7814. Eugenia Amparo Osorio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7815. Reginald Locklear, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7816. Tyrone Breckenridge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7817. James L. Martin, Petitioner v. Joseph J. Farnan, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7818. William A. MacGuire, Petitioner r. Alan Rasmussen. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7819. Lee Christensen, Petitioner v. City of Monticello. Peti- tion for writ of certiorari to the Supreme Court of Utah denied.

No. 89-7820. Jesse Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7821. Charmaine Lolita Petit, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 89-7822. Annie Green, et al., Petitioners v. Law Firm of Wise- man, Blackburn, Futrell and Cohen, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 89-7823. Faris Abdul-Matiyn, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 89-7824. Mark Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7825. Stacey Sellers, Petitioner v. Walt B. Echols, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 1. 1990 47

No. 89-7827. William Rigney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7829. Lawrence Weychert, Petitioner v. Pennsylvania De- partment of Public Welfare. Petition for writ of certiorari to the Com- monwealth Court of Pennsylvania denied.

No. 89-7830. Enrique Bugarin, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied.

No. 89-7831. Melinda Petree, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7832. Joyce Gibson, Petitioner v. Marvin Hoffman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7834. Mylon Cross, Petitioner v. Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7836. Randel Steven Reasoner, Petitioner v. Robert Corbin,

Attorney General of Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7837. Norbert Schueller, Petitioner v. TRW, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7840. Alvin Gene Washington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7841. Stanley Lewis Perkins, Petitioner v. George Petsock, Superintendent, State Correctional (and Diagnostic and Classification

Center) at Pittsburgh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7843. Ray Stamey, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 89-7844. Wayne Sinclair, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7845. Barbara Villarrubia, Petitioner v. United States Postal

Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 48 MONDAY. OCTOBER 1. 1990

No. 89-7846. J. B. Pease, Petitioner v. Steve Hargett, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7847. Michael Sindram, Petitioner v. N. Richard Kimmel

Properties, et al. Petition for writ of certiorari to the Court of Spe- cial Appeals of Maryland denied.

No. 89-7848. Michael Sindram, Petitioner v. Washington Suburban Sanitary Commission. Petition for writ of certiorari to the Circuit Court of Maryland, Montgomery County, denied.

No. 89-7849. James Patton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7850. Humberto Duque, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 89-7851. Robert Morris Cochran, Petitioner v. Mary A. Conroy, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 89-7852. Kevin Thomas Ford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7853. Lewis James Danforth, Petitioner v. Wisconsin. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, Dis- trict I, denied.

No. 89-7854. John Bradin, Petitioner v. C. A. Turner, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7855. Kenneth Gray, Petitioner v. Larry Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7856. Donald Hurley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7857. Kenneth Braddock, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7858. Woodrow Wilson Miles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. OCTOBER 1. 1990 49

No. 89-7859. Dulce Hernandez-Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-7860. Oswald John, Petitioner v. Immigration and Natural- ization Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7861. James Willie Hart, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-7862. Kevin Harvey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 89-7864. Frank Noble, Petitioner v. John Sullivan, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7865. Zeron Lewis, Petitioner v. Daniel Vasquez, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7866. Wilbert L. Nubine, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 89-7868. Angelo Mario Ceccato, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 89-7869. Ramon Rodriguez-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7870. Lynda Gail Brewer and Theresa K. Evans, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7871. Sharon Campbell, Petitioner v. Ingersoll Milling Ma- chine Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7872. Ralph A. Hosch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7874. Paul F. Lamb, Petitioner v. Dewey Sowders, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 50 MONDAY. OCTOBER 1. 1990

No. 89-7875. James Gaines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 89-7876. Christie L. Linton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7877. Walter M. McCarty, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7878. Daniel E. Langston, et ux., Petitioners v. Robert E. Dodson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7879. Jesse Hatch, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 89-7881. Michael Smallen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-7883. Raphael Rhamon Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7885. Frank Evan Zenner, Petitioner v. T. S. Powers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-2. Marshall P. Safir, Petitioner v. Prudential Insurance Com- pany of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-3. Howard L. Wolf, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5. Chicago Housing Authority, et al., Petitioners v. Triad As- sociates, Inc., dba Guardian Security, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6. Block 173 Associates, Petitioner v. City and County of

Denver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7. Alan Belcher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. OCTOBER 1. 1990 51

No. 90-8. Curtis L. Wrenn, Petitioner v. Board of Directors, Whit- ney M. Young, Jr. Health Center, Inc., et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-10. Samuel S. Granito, Petitioner v. United States; and No. 90-46. Gennaro Angiulo, Francesco Angiulo, Donato Angiulo, and Michele Angiulo, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-11. Paul A. Arguello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-12. Richard E. Rounds, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-14. Robert Bruce Reckmeyer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-15. Ian Gordon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 90-16. Shenandoah Baptist Church, Petitioner v. Elizabeth Dole,

Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-17. Brotherhood of Railway Carmen (Division of T. C. U.), et al., Petitioners v. Atchison, Topeka & Santa Fe Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-19. Lisa Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 90-21. John Martinson, Petitioner v. Farm Credit Bank of St. Paul, fka Federal Land Bank of St. Paul. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 90-22. Levester Thompson, Petitioner v. Wise General Hospital, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-23. Food Chemical News, Inc., et al., Petitioners v. James Benson, Acting Commissioner, Food and Drug Administration. Peti- 52 MONDAY. OCTOBER 1. 1990 tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-24. Greenspan, Jaffe & Rosenblatt, et al., Petitioners v. Sara Lee Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-27. Wallace E. Heck, Sr., et al., Petitioners v. Mark E. An- derson, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 90-28. William C. Newton, Petitioner v. W. R. Grace & Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-30. Bertha H. Williams, Petitioner v. Robert A. Mosbacher, Secretary of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-31. Gary W. Cross, et ux., Individually and as Administra- tors of the Estate of Their Minor Child, Darren B. Cross, Petitioners v. Shell Oil Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-32. Secretary of State of Florida, et al., Petitioners v. Diann

Walker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-33. Corning Natural Gas Corporation, Petitioner v. North Penn Gas Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-35. Hilary Foretich, Petitioner v. Lifetime Cable, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-37. Julian Malcomson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-39. Richard C. Frazier, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Medina County, denied.

No. 90-40. Patricia C. Foster, et vir, Petitioners v. Michael Stein, et ux. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-42. Clift C. Lane, etc., et al, Petitioners v. William B. Sulli- van, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY. OCTOBER 1. 1990 53

No. 90-48. Phillip Seelig, etc., et al.. Petitioners v. Richard J. Koehler, etc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-49. Leland L. Lockard, et ux., Petitioners v. Missouri Pacific Railroad Company, et al.; and

No. 90-117. Missouri Pacific Railroad Company, Petitioner v. Rosella Ray, dba Rosella Ray's Boarding House, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-52. Aluminum Company of America, Petitioner v. James E. Aim. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-53. Jerry Tucker, Petitioner v. Owen Bieber, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-55. Illinois Wine & Spirits Co., Petitioner v. County of Cook, Bureau of Administration, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 90-57. United States Fidelity and Guaranty Company and Lewis

O. Funkhouser, Petitioners v. St. John Mortgage Company, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-58. Michael Lynn Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-59. Stewart Caskie, Petitioner v. Glenn R. Hechinger. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-60. Union Texas Petroleum Corporation, et al.. Petitioners v.

State Service Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-62. Joseph Manzo, et al., Petitioners v. Michael Manzo, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Ap- pellate Division, denied.

No. 90-63. Floramerica, S.A., et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-64. Ruben L. Allman, Petitioner v. Westmoreland Coal Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. 54 MONDAY. OCTOBER 1. 199C

No. 90-65. Gary Glass, Transferee, et al., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-67. Ray C. Buckner. Petitioner v. City of Highland Park,

Michigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-72. Judy C. Brown, et vir, Individually and as Next Friends of Reider P. M. Brown, a Minor, and Reise G. L. Brown, a Minor, De- ceased, Petitioners v. Andy Granatelli, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-74. Barbara Jackson, Petitioner v. Harvard University, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-75. Reuben J. Barton, et al., Petitioners v. Creasey Company of Clarksburg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-77. Clinchfield Coal Company, Petitioner v. Federal Mine

Safety and Health Review Commission, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 90-78. Adobe Western and Casual, Inc., Petitioner v. Louisiana (through Department of Revenue and Taxation). Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 90-81. W. David Weston, Petitioner v. Jeffrey G. Banks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-82. Video News, Inc., Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 90-83. Mark N. Smith, Petitioner v. Roosevelt County, Mon- tana, et al. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 90-85. William Howard Cross, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-86. Earlene Polyak, Petitioner v. Jim Hamilton, Judge, Chancery Court of Lawrence County, Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. MONDAY. OCTOBER 1. 1990 00

No. 90-87. Joseph M. Ward, Petitioner v. Hillhaven. Inc.. et al. Peti- tion for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 90-88. Helen Peterson, Petitioner v. King Tree Center, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-91. Peter Boylan, John E. Carey, Thomas J. Connolly, Mat- thew A. Kilroe, John F. McCormick, Kenneth J. Nave and Francis X.

Sheehan, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-92. American Petroleum Institute, Petitioner v. United

States Environmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit denied.

No. 90-94. Florida Department of Labor and Employment Security,

Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-100. R. O. Segraves, Petitioner v. Ralph M. Parsons Com- pany, et al. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied.

No. 90-101. Ziba Bennett Phelps, III, Petitioner v. Gerald M. O'Don- nell, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-103. Pennhurst State School & Hospital, et al., Petitioners v. Terri Lee Halderman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-104. John M., Petitioner v. Paula T., et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 90-105. M. Wiley Catlett, Petitioner v. John R. Lively, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-106. Lois Morales, Petitioner v. Kansas State University, et al. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 90-108. S. Ezra Austern, et ux., Petitioners v. Chicago Board Options Exchange, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 56 MONDAY. OCTOBER 1. 1990

No. 90-109. Sam Ferris, Petitioner v. County of Santa Clara, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-110. Frank A. Romeo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-111. Jean Woerner, Petitioner v. Harry Brunt and Michael Farren. Petition for writ of certiorari to the Superior Court of New Jersey, Middlesex County, denied.

No. 90-115. Michelle Donia, Petitioner v. Cerebral Palsy Collings-

wood Activity Center, aka Cerebral Palsy Adult Activity Center, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Ap- pellate Division, denied.

No. 90-116. Delbert Neil Helm, dba Bills Green Light Auto Parts,

Petitioner v. Mid-America Industries, Inc. Petition for writ of cer- tiorari to the Supreme Court of Arkansas denied.

No. 90-118. Keith Milton Rhinehart, et al., Petitioners v. KIRO,

Inc., et al. Petition for writ of certiorari to the Court of Appeals

of Washington, Division 1, denied.

No. 90-122. Bryant James Saldivar, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 90-123. Lisa Reeves Wilson, et vir. Petitioners v. Brooke Dar- row, Individually and In Her Official Capacity as an Employee of the

Cabinet for Human Resources, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 90-124. Hyde Athletic Industries, Inc., et al, Petitioners v. Mi- chael J. Badalamenti. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-126. Stephen Gajdos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 90-127. International Association of Machinists & Aerospace

Workers, Lodge No. 1777, Petitioner v. Fansteel, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 90-128. Michael Greb, et al. v. Universal Pictures, Inc., et al. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. MONDAY. OCTOBER 1. 1990

No. 90-129. Henry T. Kane, Petitioner v. Secretary of the Common- wealth of Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied. No. 90-130. American Manufacturers Mutual Insurance Company, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-132. Vladimir Zacharkiewicz, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-133. Bernard A. Schwartz, et al., Petitioners v. Robert E.

Harrison, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 90-135. Anna Pleasant, Personal Representative of the Estate of

Jeffrey Pleasant, Deceased, Petitioner v. Michael Zamieski. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-136. Richard Fraige, et al., Petitioners v. American National Watermattress Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-137. Trans Pacific Bancorp., et al., Petitioners v. Richard F. Schey. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, First Appellate District, denied.

No. 90-138. Richard G. Bennett, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 90-141. Bobby H. Harden, Petitioner v. Beril Hoosier. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-146. William Marion Walker, Petitioner v. Board of County

Commissioners of Muskogee County, Oklahoma, et al. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 90-148. Maurice L. Klein, Petitioner v. Iowa Department of Revenue and Finance. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-150. Nelson P. Fordham, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-154. Elijah Davis, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 58 MONDAY. OCTOBER 1, 1990

No. 90-156. Robert B. Machen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-157. Trustees of the Centennial State Carpenters Pension

Trust Fund, Petitioners v. Centric Corporation. Petition for writ of cer- tiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-158. Patricia M. Bourke, Petitioner v. Jeanne Schuman, Wil- liam Gibbs and David Himmelman. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-159. Town of Babylon, New York, et al., Petitioners v, Na- tional Advertising Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-160. Charles Michael Smith, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-161. MPM Contractors, Inc., Petitioner v. Department of Health and Environment of Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 90-163. Gary O. Everett, Petitioner v. I-NET, Inc., Kaval R. Bajaj and Ken Bajaj. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-164. Gerald Strubinger, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-165. Robert Lane Wise, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied.

No. 90-167. Joel Edward Freedland, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-170. Joseph V. Magnone, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-173. Gary D. Swank, Petitioner v. James Smart, Individually and as City Marshal of Carthage, Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-174. Anne Duffy Pokorny, Administratrix of the Estate of

John Duffy, Deceased, Petitioner v. Ford Motor Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. OCTOBER 1. 1990 59

No. 90-175. Sylvia J. Dennis, Petitioner v. City of Middleton, Wis- consin, et aL; and Sylvia J. Dennis, Petitioner v. City of Middleton,

Wisconsin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-177. Betty P. Douthwaite, Petitioner v. Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-178. George J. Aubin, et al., Petitioners v. E. F. Hutton

Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-179. Independence Federal Savings Bank, Petitioner v. James B. Huntley. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-180. Irwin Cooper, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-183. Robert A. Gooden, Petitioner v. Town of Clarkton, North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-185. District 2 Marine Engineers Beneficial Association, et al. v. Delta Queen Steamboat Company. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-186. Randall Hage Jamail, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 90-187. David J. Ewen, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 90-188. International Consulting Services, Inc., Petitioner v. Richard K. Gilbert. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-192. Universal Health Services of Nevada, Inc., Petitioner v. Aerospatiale Helicopter Corporation. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied.

No. 90-195. Luis A. Soro, aka Citicorp Mortgage Company, Inc.,

Petitioner v. Citicorp, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-197. Mahinder S. Uberoi, Petitioner v. Murray Richtel. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 60 MONDAY. OCTOBER 1. 1990

No. 90-199. Teledyne, Inc., Petitioner v. Marjorie Datskow, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-204. Marc A. Dumford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-207. Bruce Ball, et al., Petitioners v. Metallurgie Hoboken- Overpelt, S. A. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-208. Hennepin Technical Center, et al., Petitioners v. Linda J. Hawkins. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-210. Jim Bouton Corporation, Petitioner v. Wm. Wrigley Jr. Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-211. Eric C. Stallings, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-212. James Hayton, Petitioner v. Henry Grayson. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-214. Charles A. Fahrig, et ux., Petitioners v. Richard S. Dodge, Judge, etc. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-215. Grady Michael Stroman, Petitioner i\ West Coast Gro- cery Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-216. Walter J. Moeller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-219. Riverview Investments, Inc., et al., Petitioners v. Ot- tawa Community Improvement Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-222. Beverly Ann Cook, et al.. Petitioners v. Araminta Mc-

Cullough, et al. Petition for writ of certiorari to the Court of Appeals of Tennessee, Middle Division, denied.

No. 90-226. Carol A. Davis, Petitioner v. City of Spokane. Petition for writ of certiorari to the Superior Court of Washington, County of Spokane, denied. MONDAY. OCTOBER 1. 1990 61

No. 90-227. Harbhajan Singh Atwal, Petitioner v. City of Riverside. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-229. Rees Lloyd, Petitioner v. Richard T. Long. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-230. Maxine Ehrhardt, Petitioner v. Penn Mutual Life Insur-

ance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-231. Florida, Petitioner v. Duane Eugene Owen. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-233. Donald Eugene Ryans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-234. City of Seaford, Delaware, Petitioner v. Delmarva Power & Light Company. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 90-235. Waste Contractors, Inc., Petitioner v. Lauderdale

County Commission, et al. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-238. City of Dallas, Petitioner v. Howard Rosenstein. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-241. George G. Rhodes, Petitioner v. Nebraska State Bar Association. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 90-242. James Ray Dabney, et al., Petitioners v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 90-243. William R. Burt, et ux., Petitioners v. Maui Architec-

tural Group, Inc., et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 90-250. Ocelia Perkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-251. Roberto Figueroa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 62 MONDAY. OCTOBER 1. 1990

No. 90-252. Ferdinand Drexel Investment Co., Inc., et al.. Petition- ers v. Victor F. Alibert, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-260. Richard J. Wagner, Petitioner v. Pennsylvania Real Es- tate Commission. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 90-261. Lloyd Olson, Petitioner v. Douglas J. Marston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-264. Stanley Sterner, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-265. Peter G. Stack, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-267. W. Otis Culpepper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-283. Charles Frederick Schwark, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-306. Ivan Stroh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 90-312. Duvalier Antonio Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5001. David Thomas Schieman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5002. James W. Moore, Petitioner v. Trump Casino Hotel. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5004. Norman Keith Chase, Petitioner v. Edwin J. Peterson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-5005. Jacqueline Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. OCTOBER 1. 1990 63

No. 90-5006. Dennis John Dechaine, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 90-5007. Moshe Fox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5008. Martin Wexler, Petitioner v. Citicorp Mortgage, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-5009. Donnie Ray Hodges, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5010. Daniel S. Molnar, Petitioner v. Unemployment Com- pensation Board of Review. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

No. 90-5012. Michelle R. Mallory, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5013. Paul Kirk, Petitioner v. Patrick W. Keohane, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5014. Frank Haacke, Petitioner v. Walter Leapley, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-5017. James R. Burton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5018. Marion Strickland, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 90-5019. Teresa F. Mitan, Petitioner v. Frank J. Mitan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5020. Soroosh Homayouni, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5021. Francisco H. Guzman, Petitioner v. Harry H. Flick- inger. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. 64 MONDAY. OCTOBER 1. 1990

No. 90-5022. Thomas Shields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5023. Ricardo Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5024. Ricardo Seeney, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5025. Robert Scroggins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5026. Francisco Rosas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5028. Carroll Stoianoff, Petitioner v. New American Library, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-5030. Freddie Taylor, Petitioner v. Cumberland County Dis- trict Attorney's Office, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5031. Curtis Enrique T., Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-5033. Antonio Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5034. Michael Curtis Keys, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5035. Jack Joe Holland, Petitioner v. Dewey Sowders, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5036. John James Jaakkola, Petitioner v. Stephanie J. Sny-

der, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-5037. Barney L. Byrum, Elizabeth Byrum as Guardian of

Spencer Nathaniel Byrum, Individually, Petitioners v. Michael Grimes and Thomas Burton. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. OCTOBER 1. 1990 65

No. 90-5038. Katie Whitney, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5039. Charles Stinyard, Petitioner v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5040. Gonzalo Jesus Valencia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5041. Leonardo Rubio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5042. John Gray, Petitioner v. City of Houston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5043. Patrick James Campbell, Petitioner v. Flathead County

Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5046. Mary Theresa Dorailea Duran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5048. James Ray Erwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5049. Manuel Arrellano Franco, Petitioner v. Arizona, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Divi- sion Two, denied.

No. 90-5052. Susan G. Madden, Petitioner v. James S. Thorburn, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5053. Bruce Milton Mack, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5054. Christos Netelkos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5055. George E. Myers, Petitioner v. William L. Callahan, Superintendent, McNeil Island Corrections Center. Petition for writ 66 MONDAY. OCTOBER 1. 1990

of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied.

No. 90-5056. Charlotte R. Hurd, Petitioner v. Robert S. Hurd, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5057. Muhammad 'Isa Muniyr, aka Alfred Augustus Green,

Petitioner v. Parker Evatt, Commissioner, South Carolina Department

of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5058. Alvin Lee Harrison, Petitioner v. D. A. Watts. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5059. Howard Eugene Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5062. Thomas Shanley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5063. Valdemar Prince, Petitioner v. Evadney Rogers. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5064. Francisca Rosa Velasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5067. Charlie William Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5068. Clara Winston, Petitioner v. Mitchell Kossoff. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5069. Danny Thiemecke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5070. Daries Sherrills, Petitioner v. Norris McMackin, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-5072. David Keith Belgard, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. OCTOBER 1. 1990 67

No. 90-5074. Carl Houston Boggess, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5075. Richard J. Bedony, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-5076. Jay Street, Petitioner v. Dale Foltz, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5077. Nancy Proffit and Caroline Arwood, Petitioners v. Bruce U. Kozlowski, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5080. Louis Bello, Petitioner v. Virginia Employment Com- mission. Petition for writ of certiorari to the Court of Appeals of Vir- ginia denied.

No. 90-5081. Clarence S. Davis, Petitioner v. Greg Pharies, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5082. Ronnie Green, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-5083. Robert Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-5084. William Lebron Church, Petitioner v. C. E. Thompson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-5085. Jessie James Griffin, Petitioner v. Thomas A. Ful- comer, Superintendent, State Correctional Institution, Huntingdon,

Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5087. Pamela Saunders, Petitoner v. Vermont Department of Social and Rehabilitation Services. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 90-5089. Arthur Jenkins, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-5090. Franklin Miller, Petitioner v. James Rowland, Direc- tor, California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 68 MONDAY. OCTOBER 1. 1990

No. 90-5091. Ray Franklin Moore, Petitioner v. Richard M. Ander- son, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5092. Edward Michael McConnell, Petitioner v. T. C. Martin,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5094. Diego Gonzalez Ocanas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5095. Morris May, Petitioner v. Federal Communications Commission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5096. Charles E. McCorvey, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5097. Lucious Hall, Petitioner v. B. Thomas Conger, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5098. Leonida Lidman, Petitioner v. Newark Redevelopment and Housing Authority, et al. Petition for writ of certiorari to the Supe- rior Court of New Jersey, Appellate Division, denied.

No. 90-5102. George Wood, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5105. Nathaniel Scott, Petitioner v. Edward W. Murray, Di- rector, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 90-5106. Mercedes Borrero, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5107. Werner Bruchhausen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5110. Lonnie C. Baggett, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5111. Jeffrey Camacho, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. OCTOBER 1. 1990 69

No. 90-5113. John L. Neal, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5114. Charles Rice, Petitioner v. Chandra Doyle, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5117. Julio Natal, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-5118. Lester V. Keran, Jr., Petitioner v. Terry L. Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5119. Michael B. McGann, Petitioner v. Michael Cunningham,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5120. Henderson McLee, Petitioner v. Edward W. Murray,

Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 90-5121. David Darrell Moore, Petitioner v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5122. John A. Margetis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5124. Wayne Alton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5125. Martin Neil Brawley, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied.

No. 90-5126. Jaime Traverso, Petitioner v. Thomas Israel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5127. Winslow Watson, Petitioner v. Mike Gardner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 70 MONDAY. OCTOBER 1. 1990

No. 90-5128. Thomas Woods, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5129. Karen Sue Frederick, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5130. Evelyn Silver, Petitioner v. Vermont, et al. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 90-5131. Ben W. Allustiarte and Linda M. Allustiarte, Petition- ers v. W. Austin Cooper. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5133. Donna Carvalho, Petitioner v. New York State Depart- ment of Environmental Conservation, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5135. Milton Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5136. Arthur Venie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5137. Aundre Ross, Petitioner r. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5138. Ricky Lee Owens, Petitioner v. Edward W. Murray, Director, Virginia Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5139. Alonzo Wooten, Petitioner v. Edward W. Murray, Di- rector, Virginia Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5144. Felix Patterson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5145. Eugene H. Hewlett, Petitioner v. Jeffrey A. Beard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. OCTOBER 1. 1990 71

No. 90-5146. Sherifat Usman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5147. Salvatore Panico, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5149. Frank Citro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5150. Francisco Sanchez-Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5151. John Schmitz, Petitioner v. Lawrence Gibbs. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-5154. Robert Balascsak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5155. Rhonald Beverly, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5157. Paul Raines, Petitioner v. Richard Singleton, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-5158. Garnet Weller, Petitioner v. Mason Waters, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-5159. Leroy Wafer, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5160. Ali T. Agha, Petitioner v. Department of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5165. James Burke Hall, Petitioner v. James A. Jordan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5166. Bufford McDonald, Petitioner v. Elisha Demerson. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 72 MONDAY. OCTOBER 1. 1990

No. 90-5167. Ivan Santiago Lotero-Nunez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5168. Chris Lamarr Hostetler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5169. Edward A. Ganey, Jr., Petitioner v. David Chester. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5170. Ross Aaron, Petitioner v. Charlie Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5172. Jasper Buchanan, Petitioner v. T. Travis Medlock, et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 90-5174. William H. Marshall, Jr., Petitioner v. Ohio. Peti- tion for writ of certiorari to the Court of Appeals of Ohio, Columbiana County, denied.

No. 90-5175. Antonio Cuevas Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5179. Tito Caicedo Ibarguen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5180. Albert William Lacy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5182. Robert W. Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5184. Robert Kent Smith, Petitioner v. Alex Tandy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5185. Alfredo Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5186. Michael Smith, Petitioner v. Richard J. Cadagin, Judge, Seventh Judicial Circuit, Morgan County, Illinois, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. OCTOBER 1. 1990 73

No. 90-5187. David Bruce Gilbert, Petitioner v. M. David Ben-

Asher, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5188. Donald Gene Henthorn and Tom David Riley, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5189. Doudou Janneh, Petitioner v. GAF Corporation and Ozalid Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5190. John Robert Myers, Petitioner v. Joseph Martinez, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5191. William J. Mayers, Petitioner v. United States; and

No. 90-5506. Patricia Mayers, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5192. Lawrence D. Johnson, Petitioner v. Luella Burke. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5194. Philocles Joffre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5196. John Calvin Cofield, Petitioner v. Edward W. Murray, Director, Virginia Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5197. Donald Britton, Petitioner v. Laymon Godwin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5200. Irene Petrarca, Petitioner v. Romeo S. Picerne, Jr., et al. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 90-5201. Jorge Audinot, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5202. Nolan Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 74 MONDAY. OCTOBER 1. 1990

No. 90-5203. Bobby Phillips, Petitioner v. Shawano County, Wiscon- sin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5205. William Richardson, Petitioner v. Richard L. Stalder, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5208. Jose Pagan Campino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5214. Qusan Qadhafi, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 90-5216. Edward L. Giovanni, Jr., Petitioner v. John Whitley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5219. Gregg A. Morris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 90-5221. Gordon A. Rashe, Petitioner v. George Bush, President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5223. Esequiel Rodriguez, Petitioner v. Oscar Lopez, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5224. James Willie Smith, Petitioner v. Talmadge Barnett, Attorney General of North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5225. Rolando Ferrer-Mazorra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5226. Gary Lee Thomas, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 90-5227. Carlton Rolle, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-5228. Dan Gregory Duncan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5229. Ronald Schroeder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. OCTOBER 1. 1990 75

No. 90-5230. Delena Christy, Petitioner v. Mayrener Alexander,

et al. Petition for writ of certiorari to the Court of Appeal of Loui- siana, First Circuit, denied.

No. 90-5231. Joe Stephens, Petitioner v. Cliff Head, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5232. Luis Santiago, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5233. Ronald Benedict, Petitioner v. Robert J. Henderson,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5235. David Lynn Meador on Behalf of His Daughters

Amanda, Serah and Tabatha Meador, Petitioner v. Cabinet for Human

Resources of Kentucky, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5237. Frederick M. Anderson, Petitioner 'v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5238. Stephen Warren Setliff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5239. Anthony Toliver, Petitioner v. Clarence Jackson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5240. Terry Michael Turner, Petitioner v. Harold Falk, Di- rector, Hawaii Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied.

No. 90-5241. Andrew D. Kirk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5242. George Paul Laroque, Petitioner v. Qantas Airways, Ltd. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-5243. Max Garry Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 76 MONDAY. OCTOBER 1. 1990

No. 90-5244. Bert Le Ward, Petitioner v. Guy H. Hunt, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5245. Vincent X. Lee, Petitioner v. William M. Armontrout, W'arden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5247. Larry Graham, Jr., Petitioner v. W. Warner, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5250. Chester N. Berman, Petitioner v. John R. Griffiths, III and Diane M. Griffiths. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5251. Oscar S. Antolin, Petitioner v. Department of Justice. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-5252. Kenneth Emmanuel Hartley. Petitioner v. Texas. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 90-5253. Herman L. Melvin, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5254. Wayne P. Green, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5255. Daniel Burke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5256. John David Thorpe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5258. Boyd E. Graves, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5259. David Engel, Petitioner v. John Sissel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5260. Edison Caceras-Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. OCTOBER 1. 1990 77

No. 90-5261. John Brown, Petitioner v. Bill Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5262. Raymond Clarke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5264. James W. Cotton, Jr., Petitioner v. New Mexico. Peti- tion for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 90-5265. Michael Salvador Cruz, Petitioner v. Daniel J. McCar- thy, Director, California Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5267. Makram Tadros, Petitioner v. D. Jackson Coleman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5268. Tomas Nordelo Casas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5269. Cheng Wang, Petitioner v. California State University

Board of Trustees, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-5271. Anthony Sanchez, Petitioner v. George E. Sullivan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5272. Joseph A. Bonacci, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5273. Victor Manuel Bautista-Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5274. James Leon Pierce, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-5276. Jeffrey Balawajder, Petitioner v. Freida C. Jones. Peti- tion for writ of certiorari to the Supreme Court of Texas denied.

No. 90-5277. Derek Lee Vinson, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 78 MONDAY. OCTOBER 1. 1990

No. 90-5278. Mary Louise Gordon. Petitioner v. Art Agnos, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5279. Mary Louise Gordon, Petitioner v. Michael J. Bowers, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-5280. Chester A. Brakke, Alice M. Brakke and Ronald

Brakke, Petitioners v. Dakota Bank and Trust Co. of Fargo, et al. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 90-5281. Verna Tyler, Petitioner v. Louis W. Sullivan, Secre- tary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5282. Mary Jessica Corona, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5283. Colonel Nyati Bolt, Petitioner v. Frank C. Blackburn, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-5284. Luis Andrade, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5285. Daniel Eugene Bifield, Petitioner v. Gary Henman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5286. Ronald Thurman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5287. William C. Dodson, Petitioner v. Altoona Mirror Pub- lishers. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-5288. Robert Vernon Griffin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5289. Ken Roy Backas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5291. Alvin Dale Barner, Petitioner v. L. W. Hoffman, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. OCTOBER 1. 1990 79

No. 90-5296. Larry Darnell Frazier, Petitioner a Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-5298. Alonzo Brown, Petitioner a New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 90-5299. Alphonsus LHSF Huang-Tze Chou, Petitioner a Uni- versity of Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-5300. Andre Shaw, Petitioner a Donald T. Vaughn, Superin- tendent, State Correctional Institution (and Diagnostic and Classifica-

tion Center) at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5302. Donald L. Gaerttner, Petitioner a Thomas A. Ful- comer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5303. Joseph Alexander Armstrong, Petitioner a United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5304. Ronald Chandler, Petitioner a Carl White, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5306. Kevin Mayfield, Petitioner a United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 90-5307. Clarence Duke McGann, Petitioner a Herbert Bider-

man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 90-5310. Taiseer Hammad and Eid Hammad, Petitioners a United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5311. Robert Lee Hagood, Petitioner a Donald T. Vaughn, Superintendent, State Correctional Institution at Graterford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5312. G. Warren Lawson, Petitioner a Secretary of Health & Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 80 MONDAY. OCTOBER 1. 1990

No. 90-5313. Emmett Lovell Nabors, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5314. Brian Demetrius Murray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5315. Lawrence Graham Leroux. Petitioner v. North Caro- lina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied.

No. 90-5316. Bruce Laudine Kelly. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5318. Rose Ann Meckley, Petitioner v. West Virginia Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5320. Nicholas H. Kontakis, Petitioner v. Margaret Kontakis. Petition for writ of certiorari to the Superior Court of New Jersey, Ap- pellate Division, denied.

No. 90-5323. Johnny Armstrong. Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5324. Lloyd Louis Valdez. Petitioner v. Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 90-5326. Leonard A. Fulgham, Petitioner v. Al Gomez, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5329. Barron Magee, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 90-5330. Clifford Scott Michel, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of California, County of Los Angeles, denied.

No. 90-5331. Delano Hale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5335. Michael Sindram, Petitioner v. Richard Garabedi. Peti- tion for writ of certiorari to the Circuit Court of Maryland, Montgom- ery County, denied.

No. 90-5336. Miguel Gustavo Garcia-Vada, Petitioner u. United States; and MONDAY. OCTOBER 1. 1990 81

No. 90-5398. Angel Moran, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-5337. Victor M. Morales, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5338. Leazo Hendrix, Petitioner v. Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5339. Roy L. Jackson, Petitioner v. Millie Otey. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5340. Beatrice Jones McGlory, Petitioner v. New Orleans Local 124 Welfare Fund of the Tile, Marble, Terrazo Finishers, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-5341. Robert Leppaluoto, et ux., etc., Petitioners v. George Nazarian, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5342. Harold Franklin Holloran, Petitioner v. Edward Mur- ray, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 90-5344. Eric Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5345. Leonard D. Singleton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5346. Booker Wellington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5347. David Lemeul Grasty, Petitioner v. Denise M. Quarles, Superintendent, Riverside Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5348. Audrey J. Getrost, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 82 MONDAY. OCTOBER 1. 1990

No. 90-5349. Robert Gerald Knott, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5350. Joseph Taylor, Petitioner v. Eighth Judicial District Court of Nevada, Clark County, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 90-5351. Michael Sindram, Petitioner v. Steuben County, New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5354. Theodore Shipes, Petitioner v. Jon P. Galley, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-5355. Robert Pettit, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5357. Thomas "Sonny" Frazier, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 90-5359. Stephen Bishop, Petitioner v. John Doe 1, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5360. Edward N. Carlton, Petitioner v. John Jabe, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5361. Arthur Jackson Burton, Petitioner v. Theodore Nault, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-5364. Daniel Gene Tate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5365. Lee Scott, Petitioner v. Paul James, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5366. Joseph Wood, Petitioner v. Louis W. Sullivan, Secre- tary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5367. Anthony Jose Garza, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. MONDAY. OCTOBER 1. 1990 83

No. 90-5368. Raymond Stoddard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5370. James William Tatlis, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 90-5371. Michael Sindram, Petitioner v. Consumer Protection

Commission of Prince George's County, et al. Petition for writ of cer- tiorari to the Court of Special Appeals of Maryland denied.

No. 90-5373. Michael Sindram, Petitioner v. Robert Abrams, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5377. John Fox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5378. Bradley Owen Austin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5379. William Guy Antonelli, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied.

No. 90-5384. Doris East, Petitioner v. John B. Holmes, Jr. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 90-5388. Ricardo Beas, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-5389. Carolyn Price Chadwick, Petitioner v. Acco-Babcock, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5391. George Warren Fields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5394. Henderson Duval Houghton, Petitioner v. Glenn Os- borne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5396. Hibbard Kendrick, Petitioner v. Wade D. Blankenship, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 84 MONDAY. OCTOBER 1. 1990

No. 90-5397. Keith Moon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5401. David Na'im, Petitioner v. Charles Martin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5402. Judge Mathis, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5404. Cameron Leonard Patterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5406. John Richard Clark, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-5407. Richard Frank Gardner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5409. George J. Guaracino, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5418. Norman Malcolm Barton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5419. Cecil L. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5424. Nicholas A. Borsello, Jr., Petitioner v. Joseph Ma- zurkiewicz, Superintendent, State Correctional Institution at Rock- view. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5425. Jorge Alberto Alvarez, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5427. Eabie McLean, aka Erbie McLean, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5428. John David Harris, Petitioner v. George Alexander, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. OCTOBER 1. 1990 85

No. 90-5429. Roman Alvarez-Quiroga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5435. Roger Rutledge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5436. Wade Freeman Whitton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5440. Errol Hendricks, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 90-5443. Willard K. O'Dell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5445. Monucle Colin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-5458. John Henry Mayberry, Petitioner v. Patrick W. Keo- hane, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5461. Richard Reyes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5465. Jacob Babajide Adebowale Grillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5466. Isiah Evans, III, Petitioner v. Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5470. Santiago Lopez-Zerato, Petitioner v. United States; and

No. 90-5511. Lorenzo Armando Mitoren-Virgen, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5474. David Eugene McCabe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 86 MONDAY. OCTOBER 1. 1990

No. 90-5476. Juan Dedios Pena. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5479. Ramiro Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5480. Aaron Lowden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5482. Richard Willis Wesley Allen, Petitioner v. Wayne Es- telle. Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5486. Stephen W. Dennis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5500. Orville Baker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5501. Norman Dale Baugh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5502. Douglas Dobynes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5507. Willie Taw Newsome, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5508. Darrell Jung, Petitioner v. Charles Miller, Superin- tendent, Correctional Industrial Complex, Pendleton. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 90-5513. Gilbert Solomon Aguirre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5516. Michael Trammell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5526. John Sullivan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. OCTOBER 1. 1990 87

No. 90-5527. Paul Byrd, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 90-5531. William Charles Longbehn, aka William Charles Sisson, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5540. Richard F. Kaufhold, Petitioner v. Clarence L. Jack- son, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5554. Tony Michael Morales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5560. James W. Hollowell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5566. Sergio M. Cuevas-Esquivel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-1560. Richard Morrison, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. Jus- tice White would grant certiorari.

No. 89-1661. Northern California District Council of Laborers, et al.,

Petitioners v. Mesa Verde Construction Co.; and

No. 89-1874. Mesa Verde Construction Co., Petitioner v. Northern

California District Council of Laborers, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 89-1797. Juan Ramon Matta-Ballesteros, Petitioner v. Gary L. Henman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 89-1829. FMC Corporation, Petitioner v. Todd Gander. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice White would grant certiorari.

No. 89-1921. Anthony J. Varca and Mark A. Varca, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari.

No. 89-1924. Vito Spillone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari. 88 MONDAY. OCTOBER 1. 1990

No. 89-7492. Christ Savides, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 90-120. Alfreda Dillard. et al., Petitioners v. Joe Frank Harris, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 90-139. Texas, Petitioner v. John Skelton. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice White would grant certiorari.

No. 90-169. Rosetta N. Davis, et al., Petitioners v. Tennessee De- partment of Employment Security, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Jus- tice White would grant certiorari.

No. 90-194. Inland-Rome, Inc., Petitioner v. C. L. Rhodes, Jr., etc., et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied. Justice White would grant certiorari.

No. 90-224. Jon F. Barnes, et al., Petitioners v. GenCorp Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White would grant certiorari.

No. 89-1726. Mississippi Employment Security Commission, Peti- tioner v. Deborah McGlothin. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 89-1771. North Carolina, et al.. Petitioners v. Saint Luke Greg- ory, Jr. The motion of respondent for leave to proceed in forma paupe- ris is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1843. Michigan, Petitioner v. Albert Lee, III. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 89-1867. Oregon, Petitioner v. Jeffrey Scott Wagner; and Ore- gon, Petitioner v. Stephen Lewis Farrar; and Oregon, Petitioner v. Reyes Miranda. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 89-1904. Rafael Hernandez Colon, Governor of Puerto Rico, et al.. Petitioners v. Carlos Morales Feliciano, et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition MONDAY. OCTOBER 1. 199C 89 for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 89-2021. Michael Parsons, Warden and Robert H. Henry. Attor- ney General of Oklahoma, Petitioners v. Willie Gene Gamble. The mo- tion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-112. Eddie S. Ylst, Warden, Petitioner v. Venson Lane My- ers. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-153. Bill Armontrout, Warden, Petitioner v. Edward Parton. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-1834. D. T., a Minor by His Legally Appointed Guardians, et al., Petitioners v. Independent School District No. 16 of Pawnee

County, Oklahoma. The motion of petitioners for leave to file amended petition is granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-1854. American National Can Corporation, et al., Petitioners v. Washington Department of Revenue, et al. Petition for writ of cer- tiorari to the Supreme Court of Washington denied. Justice Kennedy would grant certiorari.

No. 89-1890. Owens-Corning Fiberglas Corporation, et al., Petition- ers v. District of Columbia. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 90-43. American Bankers Insurance Company of Florida, Peti- tioner v. Paymaster Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 89-1960. Edward A. McConwell and Clayton E. Dickey, Peti- tioners v. International Business Machines Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 89-1974. Pulitzer Publishing Company, et al., Petitioners v. Cer- tain Interested Individuals, et al. Petition for writ of certiorari to the 90 MONDAY. OCTOBER 1. 1990

United States Court of Appeals for the Eighth Circuit denied. Justice White and Justice Blackmun would grant certiorari. Justice O'Connor took no part in the consideration or decision of this petition. No. 89-1997. New Orleans Baptist Theological Seminary, Petitioner v. Rudolph G. Babcock. The motion of respondent for leave to proceed in forma pauperis is granted. The motion of Baptist Joint Committee on Public Affairs, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Court of Appeal of Loui- siana, Fourth Circuit, denied. Justice Blackmun would grant certiorari.

No. 89-2017. John A. Farnsworth, Petitioner v. Sea-Land Service,

Inc. , et al. The motion of petitioner to proceed as a seaman is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-6935. Mark Maragh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 89-7043. Harvey Kudler, Petitioner v. Judicial Council of the Second Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit is dismissed for want of jurisdiction.

No. 89-7188. Thomas Mitchell Deboue, Petitioner v. Louisiana. Peti- tion for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Marshall.

No. 89-7355. Larry Eyler, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Marshall.

No. 89-7430. Mumia Abu-Jamal, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. Dissenting statement by Justice Marshall.

No. 89-7444. William R. Jones, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall.

No. 89-7468. Danny Joe Bradley, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Marshall.

No. 89-7473. Gregory D. Resnover, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissent- ing statement by Justice Marshall. MONDAY. OCTOBER 1, 1990 91

No. 89-7476. Michael W. Ryan, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dissenting statement by Justice Marshall.

No. 89-7491. James Harvey Callahan, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied. Dis- senting statement by Justice Marshall.

No. 89-7570. John Michael Davis, Petitioner v. Ralph Kemp, War- den. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Marshall.

No. 89-7577. Terry Lee Lowery, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Marshall.

No. 89-7616. James L. Pitts, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting state- ment by Justice Marshall.

No. 89-7617. David Brewer, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Marshall.

No. 89-7631. William Frank Parker, Petitioner v. Arkansas. The pe- tition for a writ of certiorari to the Supreme Court of Arkansas denied. Dissenting opinion by Justice Marshall.

No. 89-7632. Roy Bruce Smith, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Marshall.

No. 89-7638. Willie James Hall, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Marshall.

No. 89-7640. Nollie Lee Martin, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Marshall.

No. 89-7661. Joseph M. Giarratano, Petitioner v. Raymond K. Pro- cunier. Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. Dissenting statement by Justice Marshall.

No. 89-7671. Michael Wayne Hunter, Petitioner v. California. The petition for a writ of certiorari to the Supreme Court of California de- nied. Dissenting opinion by Justice Marshall. 92 MONDAY. OCTOBER 1. 1990

No. 89-7672. Kenneth Burton Lang, Jr., Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 89-7719. Mark David Breakiron, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. Dissenting statement by Justice Marshall.

No. 89-7732. Paul William Scott, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Marshall.

No. 89-7786. Eddie William Finney, Petitioner v. Ralph Kemp, War- den. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Marshall.

No. 89-7793. Richard Dean McMillin, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Marshall.

No. 89-7806. Ronald O'Shea, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western Dis- trict, denied. Dissenting statement by Justice Marshall.

No. 89-7835. Roger Collins, Petitioner v. Walter Zant, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Marshall.

No. 89-7839. Robert Jackson Thompson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 89-7884. Michael Anthony Jackson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 90-5003. Vernon Lamar Sattiewhite, Petitioner v. Texas. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-5015. Carlton Gary, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting state- ment by Justice Marshall.

No. 90-5027. Joseph Amrine, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting state- ment by Justice Marshall.

No. 90-5029. Larry Gene Bell, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Marshall. MONDAY. OCTOBER 1. 1990 93

No. 90-5051. Dewey George Moore, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Marshall.

No. 90-5066. Nathson Fields, Petitioner v. Illinois; and

No. 90-5328. Earl Hawkins, Petitioner v. Illinois. Petitions for writs of certiorari to the Supreme Court of Illinois denied. Dissenting state- ment by Justice Marshall.

No. 90-5109. William Franklin, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Marshall.

No. 90-5123. Derrick Jamison, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting state- ment by Justice Marshall.

No. 90-5148. Anthony Green, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Marshall.

No. 90-5152. Eric Clemmons, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall.

No. 90-5171. Tony Powell, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Marshall.

No. 90-5211. Joseph Savino, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting state- ment by Justice Marshall.

No. 90-5217. John Hightower, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Marshall.

No. 90-5222. Grover Reed, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting state- ment by Justice Marshall.

No. 90-5236. Varnall Weeks, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dis- senting statement by Justice Marshall.

No. 90-5297. Keith B. Canaan, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Marshall. 94 MONDAY. OCTOBER 1. 1990

No. 90-5305. Jesse Dewayne Jacobs, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Marshall.

No. 90-5444. Samuel Moreland, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting state- ment by Justice Marshall.

No. 90-5453. Eric Adam Schneider, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Marshall. No. 89-7777. Chris Lonchar Kellogg, as Next Friend to Larry Grant

Lonchar, Petitioner v. Walter Zant, Warden. The motion of petitioner to consolidate this case with No. 89-7838, Hamilton v. Texas, is de- nied. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Marshall.

No. 90-45. Hoffmann-La Roche Inc., Petitioner v. United States Dis- trict Court for the Northern District of Alabama. The motion of Ameri- can Medical Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-47. Bruce L. White, Jr., Petitioner v. Anthony M. Frank, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White and Justice Blackmun would grant certiorari.

No. 90-51. Aetna Life Insurance Company, et al., Petitioners v. Kenneth Kane, Individually and as Guardian, Next Friend and on Be- half of Jonathan Andrew Kane, a Minor. The motion of respondent to strike supplemental brief to petition is denied. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-98. George Franklin, et al.. Petitioners v. Peat Marwick Main

& Co., et al. The motion of National Association of Securities and Com- mercial Law Attorneys for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-107. Courier-Journal and Louisville Times Company, et al.,

Petitioners v. F. T. P., etc., et al. The motion of respondent F. T. P. for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 90-166. Elizabeth Wright, Commissioner of Insurance of Ken- tucky, as Liquidator of Delta America Re Insurance Company, Peti- MONDAY. OCTOBER 1. 1990 95 tioner v. Arion Insurance Company, Limited, et al. The motion of Na- tional Association of Insurance Commissioners for leave to file a brief as arnicas curiae is granted. The motion of Roxani Gillespie, Insurance

Commissioner of California for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-198. Anne Anderson, etc., et al., Petitioners v, Beatrice Foods Co. The motion of Harvard Law School Environmental Law So- ciety, et al. for leave to file a brief as amici curiae is granted. The mo- tion of American College of Real Estate Lawyers for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5050. Joseph E. Covillion, Petitioner v. Aetna Life & Casu- alty, et al. The petition for a writ of certiorari to the United States Dis- trict Court for the District of Massachusetts before judgment is denied.

No. 90-5195. Richard T. Boggs, Petitioner v. Raymond Muncy, War- den. The Court having voted to deny the petition for a writ of certio- rari at the time of the denial of the application for a stay of execution, the petition for a writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit is denied. Dissenting statement by Justice Marshall.

No. 90-5374. Michael Sindram, Petitioner v. Nissan Motor Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. The Chief Justice took no part in the consideration or decision of this petition. Habeas Corpus Denied

No. 89-7518. In Re William Flowers, Petitioner; No. 89-7752. In Re Otis Wilkerson, Petitioner; No. 89-7754. In Re Paul Cofield, Petitioner;

No. 90-5044. In Re Robert Lee Gill, Jr., Petitioner; No. 90-5078. In Re Joseph Silverburg, Petitioner; No. 90-5104. In Re Michael C. Antonelli, Petitioner; No. 90-5132. In Re Brian A. Brown, Petitioner; No. 90-5218. In Re Vernell McKnight, Petitioner; and No. 90-5333. In Re Roger Harrison, Petitioner. The petitions for writs of habeas corpus are denied. No. 90-5369. In Re Eileen Vey, Petitioner. The application for bail addressed to Justice O'Connor and referred to the Court is denied. The petition for a writ of habeas corpus is denied. 96 monday. october 1. 1990 Mandamus Denied

No. 89-7455. In Re Paul E. Archie, Petitioner; No. 89-7621. In Re Juan Puga Cedillo, Petitioner; No. 89-7639. In Re G. W. Hayden, Petitioner; No. 89-7682. In Re Curtis Taylor, Petitioner; No. 89-7740. In Re Arthur W. Carson, Petitioner; No. 89-7755. In Re Theodore G. Cook, Petitioner; No. 89-7785. In Re Brenda Collier, Petitioner; No. 89-7880. In Re Robert Kaltenbach, Petitioner; No. 90-155. In Re Richard Millan, Petitioner; No. 90-184. In re Harold G. Royce, Petitioner; No. 90-5108. In Re Juan Puga Cedillo, Petitioner;

No. 90-5317. In Re Talmon Hegwood, Jr., Petitioner; No. 90-5325. In Re Kenneth Gray, Petitioner; and

No. 90-5372. In Re Debro Siddiq Abdul-Akbar, Petitioner. The peti- tions for wits of mandamus are denied.

No. 89-1849. Gerald E. Mansell, Petitioner v. Gave M. Mansell. The petition for a writ of mandamus or certiorari is denied. No. 89-7667. In Re Ruchell Cinque Magee, Petitioner; No. 89-7768. In Re Clinton Eldridge, Petitioner; and No. 89-7773. In Re Robert Allen Jordan, Petitioner. The petitions for writs of mandamus and/or prohibition are denied.

Rehearings Denied

No. 88-6294. William Oliver, et ux., Petitioners v. Merchants and Farmers Bank, Macon, Mississippi;

No. 89-1733. Gene A. Foreman, Petitioner v. Aetna Casualty & Surety Company;

No. 89-1768. John S. Shipley, et ux., Petitioners v. First Federal Savings and Loan Association of Delaware, et al.;

No. 89-1812. Jamie H. Espinueva, Petitioner v. H. Lawrence Gar- rett, III, Secretary of the Navy;

No. 89-6228. Alvin Elzy, Petitioner v. Larry Smith, Warden, et al; and

No. 89-7445. Quintin Littlejohn, Petitioner v. South Carolina. The petitions for rehearing are denied. —

MONDAY. OCTOBER 1. 1990 97

No. 89-700. Astroline Communications Company Limited Partner-

ship, Petitioner v. Shurberg Broadcasting of Hartford. Inc., et al. The motion of respondent Shurberg Broadcasting of Hartford, Inc., to waive Rule 44.1 is denied. The petition for rehearing is denied.

No. 89-1623. Charles F. Gardner, Petitioner v. Newsday, Inc. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant Tpmppiila OA Arinna T VV dl LI VV ldll rVIUcI l HI J LlLlCX i. .

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AA/illiarvtVV lllldlll XX.T-T /\L,n.lilbUIlA'flnncrvn WinfipldVV lililclU, T\.LjAT v_/ildl Icb xvULIllcltl A nuiidiu jubepii ijdvtriu WViitoWillie xPltaincIdllla, INNTVI rxldllIon U.T\

OLllclIllVlIldll

Mirhapl A Rpll JjC W 1SLUI1, lVli_j VJ.O V^UILloPnrtiQ WphhprVV cUUel

Richard Glen Bensinger oayioia, ivii James Charles Cotant

Jonn ri. r>entiey Hamilton, AL unaries Kotnieia Mary Patricia Benz Chicago, IL Richard J. Phelan Jerry B. Bible Jasper, TN Howard Graham Swafford Robert J. Binstock Houston, TX David M. Feldman Joanne Gazarek Bloom Chicago, IL Alfred Winchell Whittaker Elizabeth N. Brancart Pescadero. CA Vincent L. McKusick Terrence Charles Brown- Rochester, NY Sanford Robert Steiner Shapiro Kevin B. Burgess Oak Hill, WV Rebecca Aline Betts Jethro Sanfoard Busch San Francisco, CA Sidney A. Luscutoff 98 MONDAY. OCTOBER 1. 1990

Applicant City and State Movant

Janell M. Byrd Washington, DC Norman J. Chachkin John Carpenter Cahalan Portland, OR George Judson Cooper, III Celia Foy Castillo Silver City, NM J. Wayne Woodbury Peter Chatilovicz Washington, DC Ronald Alan Lindsay Steven Cherin Chicago, IL Sheldon Belofsky Patricia Watkins Salt Lake City, Christine M. Christensen UT Durham William J. Cleary Jr. Los Angeles, CA Robert B. Burke Yolanda A. Collazo- Bayamon, PR Joseph C. Laws, Rodriguez Jr. William Lloyd Copeland Mobile, AL Thomas M. Haas Kevin S. Cotter Warwick, RI Richard Ari vanTienhoven John Robert Crews Newport Beach, Steven C. CA McCracken Lawrence Merrell Cutler Scottsdale, AZ Robert J. Corcoran Edward A. Dean Mobile, AL Broox Garrett Holmes James G. Di Zerega Englewood, CO Christopher Lane William Kelly Dude Colorado Springs, Michael J. CO Gianunzio Maureen Duignan Pensacola, FL Danny L. Kepner J. Richard Dunstan Augusta, GA James G. Blanchard, Jr. Gregory Wayne Edwards Albany, GA B. T. Edmonds, Jr. David Lattimoe Evans Fort Worth, TX Winfred Hooper, Jr. Thomas Lee Ewing Houston, TX William E. Taylor, III David Alan Fantauzzi Youngstown, OH Alfred Joseph Fleming John D. Faught Denver, CO Randy L. Sego Gregory Ernest Fehlings Seattle, WA Robert Francis Peck MONDAY. OCTOBER 1. 1990 99

Applicant City and State Movant

Michael Anthony Figures Mobile, AL William Byron Harvey Warren Sherwood Forest Santa Cruz, CA Douglas E. Marshall Robert Timothy Franklin Baltimore, MD Thomas E. Cinnamond Philip Mauro French Stamford, CT Kevin Francis Collins Clifton S. Fuller Jr. Lilburn, GA John E. Wallace, Jr. Anthony Rex Gabbert North Kansas Judge James City, MO Edward Welsh Campbell Houston Gillespie Sherman, TX F. Neilson Rogers III Elliot A. Glicksman Tucson, AZ John G. Stompoly Thomas J. Goodwin Houston, TX David G. Yetter Ronald William Goss Salt Lake City, Joel Ramon UT Danger-field Kenneth Koehler Graham Tucson, AZ William Joseph Risner David E. Graven Denver, CO Steve A. Miller Timothy Willis Grooms Little Rock, AR Eugene Gilbert Sayre Michael Damien Guinan Phoenix, AZ Donald Frederick Daughton Mary M. Gundrum New York, NY David D. Cole John Peter Gyben Irvine, CA William Allen Yerrick Lyle Michael Hamblin Phoenix, AZ Kerry G. Wangberg Lee Stathis Haramis Jacksonville, FL Dana G. Bradford, II Frank Howard Hawthorne, Montgomery, AL Julian Lenwood Jr. McPhillips, Jr. Michael James Heher Denver, CO Thomas M. Van Cleave, III Simon Heller Stony Brook, NY Janet Benshoof Mark F. Higgins Great Falls, MT Gary M. Zadick Timothv R. Holton Memphis, TN Jeff Adams Crow, Jr. 100 MONDAY. OCTOBER 1. 1990

Applicant City and State Movant

Gwendolyn Howard Seattle, WA Slade Gorton Charles Mark Humbert San Francisco, CA Jeffery Anne Tatum Salvatore A. Ingraffia Lodi, NJ Carmine R. Alampi Bradford Wald Irelan Houston, TX T. Michael Wall George 0. Jacobs Houston, TX George J. Parnham Geoffrey P. Jarpe Saint Paul, MN William J. Hassing Donald V. Jernberg Chicago, IL Thomas Patrick Kane J. Phelps Jones Dallas, TX L Lynn Elliott William R. Jonson Houston, TX William E. Taylor, III Joseph T. Justice Marietta, GA Herman Shirley Clark Michael A. Karaffa Pittsburgh, PA Thomas A. Livingston Philip Anthony Kesaris Washington, DC Honorable Kenneth Winston Starr, Solicitor General of the United States Thomas Harry Kiggans Baton Rouge, LA J. Michael Cutshaw Howard R. King Houston, TX James Patrick Cooney Jeffrey Huffman Kobs Fort Worth, TX Winfred Hooper, Jr. Ernest Lewis Kubosh, Jr. Houston, TX Jon Lodwick Brunenkant

William J. Kunkle Jr. Chicago, IL Richard J. Phelan Mary Fabre LeVine Santa Barbara, Frances E. CA Komoroske Jean-Yves Pierre San Francisco, CA Sidney A. Lendormy Luscutoff John Griffin Lesher Washington, DC Clark M. Clifford MONDAY. OCTOBER 1. 1990 101

Applicant City and State Movant

Margaret D. Lineberry Kansas City, MO Gene E. Voigts

Gilbert I. Low Beaumont, TX Joe Halbert Tonahill James E. Lownsdale St. Louis, MO Francis John Kaveney Susanna M. Lowy New York, NY Douglas P. Jacobs R. Craig Lusiani Sacramento, CA Gerald M. Kennedy Jennifer Page Lyman Washington, DC James William Klein William Fenton Macklin El Centro, CA Christopher William Yeager Phyllis K. Macleod Olympia, WA Leland T. Johnson, Jr. Edwin B. McLean Phoenix, AZ Glynn W. Gilcrease, Jr. Jerome Lawrence Meisner Sarasota, FL Elliott C. Metcalfe, Jr. Russell A. Metz Seattle, WA William Daniel Symmes John C. Murphy Baltimore, MD George William Liebmann Lin T. Ng Las Vegas, NV William Parnell Curran Roger Alan Nowadzky Des Moines, IA Richard Joseph Boyle James K. O'Gallagher San Francisco, CA Frank R. Grundman Richard J. Oparil Washington, DC Stephen H. Sachs Dennis David Parker New York, NY Norman J. Chachkin William John Patrigo Dallas, TX Ralph W. Brenner Guy W. Perkins Bluefield, WV LeRoy H. Katz Kenneth D. Powell Jr. Philadelphia, PA Daniel T. McWilliams Clifton S. Price II Birmingham, AL Robert R. Kracke John G. Rainey Jr. Naples, FL Richard Lane Bond David Marshall Read Natchez, MS Deborah A. McDonald 102 MONDAY. OCTOBER 1. 1990

Applicant City and State Movant

Anne Willis Reed Chesterton, IN Mark Lane Metz Martin E. Regan Jr. New Orleans, LA Milton P. Masinter Charles Carter Renshaw II Escondido, CA Donald Wayne Schmidt Paul Joseph Riley Washington, DC Robert John Flynn, Jr. Ada L. Briganty Rolon San Juan, PR Gilberto M. Charriez Harvey G. Samson Appleton, WI Richard Zohn Kabaker Robert William Sauter Columbus, OH Frederic A. Portman Robert L. Schnell Jr. Minneapolis, MN Norman R. Carpenter Jacquelyn S. Shaia Birmingham, AL Alex W. Newton Michael Dean Simmons Chicago, IL John Scott Hoff Anita Mae Sorensen Milwaukee, WI Stanley Saul Jaspan A. Mary Sterling Arlington, VA Perry Wilson Woofter Sally A. Stix Chicago, IL Richard Michael Stanton Elizabeth Storch New York, NY James K. Manning William H. Sudell Jr. Wilmington, DE Richard L. Sutton Frederick W. Swaim Jr. New Orleans, LA David R. Normann Michael Edward Tankersley Washington, DC Alan B. Morrison John R. Thackeray Salt Lake Citv, Armand Duane UT Johansen Stephen M. Underdal Minneapolis, MN Jeffrey N. Nelson Donald B. Verrilli Jr. Washington, DC Mr. Justice William J. Brennan, Jr., Retired Robert Jeffrey Wagner Milwaukee, WI Joseph Peter Stadtmueller James Francis Walsh Boston, MA Robert F. Drinan Jacqueline Beltram Tampa, FL Richard Nathan Whatley Stein MONDAY. OCTOBER 1. 1990 103

Applicant City and State Movant

Carolyn L. Wheeler Washington, DC Gwendolyn Young Reams Robert M. Whitney Madison, WI John S. Skilton Deborah Elaine Gregory San Francisco, CA Gregory Scott Wilder Madsen William Murdoch Wood San Diego, CA Harley D. Mayfield Ruth W. Woodling Atlanta, GA Donald Edward Wright John Wolcott Zeiger Columbus, OH Erwin N. Griswold

Oral Arguments

No. 89-1283. Arcadia, Ohio, et al., Petitioners v. Ohio Power Com- pany, et al. Argued by Mr. Carter G. Phillips for the petitioners, by Mr. Lawrence G. Wallace for the federal respondent in support of peti- tioners, by special leave of Court, and by Mr. Edward Berlin for the private respondents.

No. 89-964. Raymond J. Moskal, Sr., Petitioner v. United States. Argued by Mr. Dennis M. Hart for the petitioner and by Mr. Stephen L. Nightingale for the respondent.

No. 89-1106. Trinova Corporation, Petitioner v. Michigan Depart- ment of Treasury. Argued by Mr. Peter S. Sheldon for the petitioner and by Mr. Richard R. Roesch for the respondent.

No. 89-5867. Shirley W. Irwin, Petitioner v. Veterans Adminis- tration, et al. Argued by Mr. Jon R. Ker for the petitioner and by Mr. John G. Roberts, Jr., for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. OCTOBER 2. 1990 1 05 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Daniel Gordon Jarcho Washington, DC Honorable Kenneth Winston Starr, Solicitor General of the United States Steven L. Zelinger Washington, DC Honorable Kenneth T W inston Starr, Solicitor General of the United States Jerald Wayne Everly Indio, CA Lawrence Gerald Wallace Curtis Layton Bowman Little Rock, AR John M. Bilheimer Lewis Barber Jr. Oklahoma City, Julius LeVonne OK Chambers Lisa Jonelle White Watkins Houston, TX Bruce Kirby Watkins Dianne Marie Piche Washington, DC William L. Taylor Terry M. Irby Baton Rouge, LA Keith Baker Nordyke Daniel James McMullen Cleveland, OH Jeremiah Glassman

Oral Arguments

No. 89-1080. Board of Education of Oklahoma City Public Schools, Independent School District No. 89, Oklahoma County, Oklahoma,

Petitioner v. Robert L. Dowell, et al. Argued by Mr. Ronald L. Day for the petitioner, by Mr. Solicitor General Kenneth W. Starr for the 106 TUESDAY, OCTOBER 2. 1990

United States, as amicus curiae, in support of petitioner, by special leave of Court, and by Mr. Julius L. Chambers for the respondents.

No. 89-1363. United States, Petitioner v. Darlina K. France. Argued by Mr. William C. Bryson for the petitioner and by Mr. Michael R. Levine for the respondent.

No. 89-1048. FMC Corporation, Petitioner v. Cynthia Ann Holliday. Argued by Mr. H. Woodruff Turner for the petitioner, by Mr. David L. Shapiro for the United States, as amicus curiae, in support of the peti- tioner, by special leave of Court, and by Mr. Charles Rothfeld for the respondent.

No. 89-5120. Michael Owen Perry, Petitioner v. Louisiana. Argued by Mr. Keith B. Nordyke for the petitioner and by Mr. Rene I. Salomon for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. OCTOBER 3. 1990 107 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Gregory T. Hornecker Medford, OR Francis John Lorson Edwin Christian Laizer New Orleans, LA Martin A. Stern Robert Harrison Adams Birmingham, AL John F. Whitaker Nelson Adrian Blish Houston, TX Wendy K. Breuninger Buskop

Oral Arguments

No. 89-1279. Pacific Mutual Life Insurance Company, Petitioner v. Cleopatra Haslip, et al. Argued by Mr. Bruce A. Beckman for the peti- tioner and by Mr. Bruce J. Ennis, Jr., for the respondents.

No. 89-658. John L. Cheek, Petitioner v. United States. Argued by Mr. William R. Coulson for the petitioner and by Mr. Edwin S. Kneedler for the respondent. No. 89-1158. Mercedel W. Miles, Individually and as Administratrix

of the Succession of Ludwick Adam Torregano, Petitioner v. Apex Ma-

rine Corporation, et al. Argued by Mr. Allain F. Hardin for the peti- tioner and by Mr. Gerard T. Gelpi for the respondents.

No. 89-6332. Robert S. Minnick, Petitioner v. Mississippi. Argued by Mr. Floyd Abrams for the petitioner and by Mr. Marvin L. White, Jr., for the respondent.

Adjourned until Tuesday, October 9, 1990 at 10 o'clock. x

(JOURNAL) TUESDAY. OCTOBER 9. 1990 1 09 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy.

The Chief Justice said: "This special sitting of the Court is held today to receive the Com- mission of the newly appointed Associate Justice of the Supreme Court of the United States, David Hackett Souter. The Court now recognizes the Attorney General of the United States, Mr. Thornburg."

The Attorney General said:

"Mr. Chief Justice and may it please the Court, I have the Commis- sion which has been issued to the Honorable David Hackett Souter as an Associate Justice of the Supreme Court of the United States. The Commission has been duly signed by the President of the United States and attested by me as the Attorney General of the United States. I move that the Clerk read the Commission and that it be made part of the permanent records of this Court."

The Chief Justice said:

"Thank you, Mr. Attorney General, your motion is granted. Mr. Clerk, will you please read the Commission?"

The Clerk then read the Commission as follows:

"George Bush, President of the United States of America, "To all who shall see these Presents, Greeting: "Know Ye; That reposing special trust and confidence in the Wis- dom, Uprightness, and Learning of David H. Souter, of New Hamp- shire, I have nominated, and, by and with the advice and consent of the Senate, do appoint him an Associate Justice of the Supreme Court of the United States and do authorize and empower him to execute and fulfill the duties of that Office according to the Constitution and Laws of the said United States, and to have and to hold the said Office, with all the powers, privileges and emoluments to the same of right appertain- ing, unto Him, the said David H. Souter, during his good behavior.

"In testimony whereof, I have caused these Letters to be made patent and the seal of the Department of Justice to be hereunto affixed. "Done at the City of Washington, this third day of October, in the year of our Lord one thousand nine hundred and ninety, and of the 110 TUESDAY. OCTOBER 9. 1990

Independence of the United States of America the two hundred and fifteenth. "By the President: George Bush. "Dick Thornburg, Attorney General."

The Chief Justice said: "I now ask the Chief Deputy Clerk of the Court to escort Judge Souter to the bench."

The Chief Justice said: "Judge Souter, are you ready to take the oath?"

Judge Souter said: "I am."

The oath of office was then administered by the Chief Justice in the following words:

"I, David Hackett Souter, do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Associate Justice of the Supreme Court of the United States, according to the best of my abilities and understanding, agreeable to the Constitution and laws of the United States. So help me God."

The Chief Justice said:

"Justice Souter, on behalf of all the members of the Court, it is a pleasure to extend to you a very warm welcome as an Associate Justice of the Court and to wish for you a long and happy career in our common calling."

The Chief Justice said: "Effective with the appointment of Justice Souter, an order has been entered by the Court today allotting the circuit justices as follows: District of Columbia, Fourth and Federal Circuits: Chief Justice First and Third Circuits: Justice Souter Second Circuit: Justice Marshall Sixth and Seventh Circuits: Justice Stevens Eighth Circuit: Justice Blackmun Ninth Circuit: Justice O'Connor Tenth Circuit: Justice White Eleventh Circuit: Justice Kennedy."

The Court recesses until 10:15 a.m. TUESDAY. OCTOBER 9. 199( 111

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari — Summary Disposition

No. 89-1952. Arthur Jones, Petitioner v. American Broadcasting Companies, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for writ of cer- tiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for fur- ther consideration in light of Milkovich v. Lorain Journal Company, 497 U. S. (1990). Justice Souter took no part in the consideration or decision of this case.

Orders in Pending Cases

No. — . Frank Foe and Walter Woe, etc., Petitioners v. Mario T Cuomo, etc., et al. The motion of petitioner Wilma W oe for permission to use pseudonym and to seal name is granted. The motion of Wilma Woe for leave to proceed in forma pauperis is granted. The motion of counsel to allow petitioner R. L. by Mrs. T. C. L. leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner is denied without prejudice to petitioner executing an affidavit in sup- port of a motion for leave to proceed in forma pauperis. Justice Souter took no part in the consideration or decision of these motions.

No. — . George Ampatiellos, Petitioner v. City of New York, et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. Justice Souter took no part in the consideration or decision of this motion.

No. — . Anthony J. Bator, Jr., Petitioner v. United States. The mo- tion to direct the Clerk to file a petition for a writ of certiorari, out- of-time, is denied. Justice Souter took no part in the consideration or decisioin of this motion.

No. D-920. In the Matter of Disbarment of James Colvin Dodge. Dis- barment order entered. Justice Souter took no part in the consideration or decision of this order. 112 TUESDAY, OCTOBER 9. 1990

No. Ill, Original. State of Delaware, Plaintiff v. State of New York. The First Interim Report and Fee Application is approved and pay- ment shall be made to "Thomas H. Jackson, Special Master" by the party jurisdictions in the total amount of $23,629.10. It is further ordered that the parties shall bear these costs equally, with each juris- diction which is a party or which has a pending application to intervene at the date of this order, contributing an equal share. It is further or- dered that each party jurisdiction may make payment either to the firm of Dickstein, Shapiro & Morin, as coordinating counsel for this purpose, or may make payment directly or via separate counsel, to the Special

Master. It is further ordered that each party jurisdiction's payment of fees, costs and expenses pursuant to this order shall be due within forty-five (45) days from the date hereof. Justice Souter took no part in the consideration or decision of this order.

No. 112, Original. State of Wyoming, Plaintiff v. State of Oklahoma. The motion of the Special Master for allowance of fees and expenses is granted and the Special Master is awarded $43,275.79— to be paid equally by the parties. Justice Souter took no part in the consideration or decision of this motion.

No. 89-1541. Elizabeth Dole, Secretary of Labor, Petitioner v. Occu- pational Safety and Health Review Commission, et al. The motion of

Occupational Safety and Health Review Commission for leave to file a brief as amicus curiae is granted. Justice Souter took no part in the consideration or decision of this motion.

No. 89-1679. Summit Health, Ltd., et al., Petitioners v. Simon J. Pinhas. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Souter took no part in the consideration or decision of this motion.

No. 89-1715. Cathy Burns, Petitioner v. Rick Reed. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Souter took no part in the consideration or decision of this motion.

No. 89-1784. Insurance Company of the State of Pennsylvania, et al.,

Petitioners v. Ben Cooper, Inc. The motion of United Missouri Bank of

Kansas City, N.A. for leave to file a brief as amicus curiae is granted. The motion of United States for leave to intervene is granted. Justice Souter took no part in the consideration or decision of these motions. TUESDAY. OCTOBER 9. 199< 113 Certiorari Granted

No. 89-1717. Florida, Petitioner v. Terrance Bostick. Petition for writ of certiorari to the Supreme Court of Florida granted. Justice Sou- ter took no part in the consideration or decision of this petition.

No. 90-97. American Hospital Association, Petitioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Jus- tice Souter took no part in the consideration or decision of this petition.

No. 90-333. Lampf, Pleva, Lipkind, Prupis & Petigrow, Petitioner v. John Gilbertson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Justice Souter took no part in the consideration or decision of this petition.

No. 89-7645. Dionisio Hernandez, Petitioner v. New York. The mo- tion of petitioner for leave to proceed in forma pauperis is granted and petition for writ of certiorari to the Court of Appeals of New York are granted limited to the following questions: 1. Whether a prosecutor's proffered explanation that prospective Latino jurors were struck from the venire because he suspected they might not abide by official trans- lations of Spanish language testimony constitutes an acceptable "race neutral" explanation under Batson v. Kentucky, 476 U. S. 79 (1986)? 2. Where a trial court has accepted the prosecutor's proffered explana- tion as being race neutral, what standard of review is to be applied by reviewing courts? Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 90-5193. Dawud Majid Mu'Min, Petitioner v. Virginia. The mo- tion of petitioner for leave to proceed in forma pauperis and the peti- tion for writ of certiorari to the Supreme Court of Virginia are granted

limited to Questions 1 and 2 presented by the petition. Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 90-5551. Edward Harold Schad, Jr., Petitioner v. Arizona. Mo- tion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Arizona are granted. Justice Souter took no part in the consideration or decision of this motion and this petition.

Certiorari Denied

No. 89-1873. Maryland Higher Education Loan Corporation, Peti-

tioner v. Lauro F. Cavazos, Secretary of Education, et al.; No. 89-2027. South Carolina State Education Assistance Authority.

Petitioner v. Lauro F. Cavazos. Secretary of Education, et al.; and 114 TUESDAY. OCTOBER 9. 1990

No. 90-4. North Carolina, et al., Petitioners v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consid- eration or decision of these petitions.

No. 89-1893. Bell & Murphy and Associates, Inc., et al., Petitioners v. Federal Deposit Insurance Corporation, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition. No. 89-1925. Air Line Pilots Association, International, AFL-CIO, et al., Petitioners v. Frank Landry, et al.; and

No. 90-189. Frank Landry, et al., Petitioners v. Air Line Pilots As- sociation, International, AFL-CIO, et al. Petitions for writs of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of these petitions.

No. 89-1931. Robert T. Howitt, Petitioner v. United States Depart- ment of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consideration or decision of this petition. No. 89-7842. Alexzene Hamilton, As Natural Mother and Next Friend to James Edward Smith, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-13. Ohio Student Loan Commission, Petitioner v. Lauro F.

Cavazos, Secretary of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-54. Richard M. Dray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-56. Margarita Rosa De Cuellar, Petitioner v. Nicholas F.

Brady, Secretary of the Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-70. May Department Stores Company, Petitioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the TUESDAY. OCTOBER 9. 1990 115

United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-71. P. A. Hackler, et ux., et al., Petitioners v. R. Dobie Langenkamp. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-76. Stephen Juzwin, et ux., Petitioners v. Asbestos Corpora- tion Ltd., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-80. Richard M. Penta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-84. Education Assistance Corporation, Petitioner v. Lauro F. Cavazos, Secretary of Education. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-99. Nelson A. Italiano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-119. Citizens for Fair Utility Regulation, Petitioner v. Nu- clear Regulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-190. Michael J. Dodson, Petitioner v. Superior Court of Con- necticut, Hartford-New Britain Judicial District. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Souter took no part in the consideration or decision of this petition. No. 90-200. Missouri Pacific Railroad Company, dba Union Pacific

Railroad Company, Petitioner v. H. W. Mitchell. Petition for writ of certiorari to the Supreme Court of Texas denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-203. Bartholomew S. Berry, Petitioner!'. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-220. Rudolph de Souza, Petitioner v. Wanda L. Schultz. Peti- tion for writ of certiorari to the Circuit Court of Virginia, Arlington 116 TUESDAY. OCTOBER 9. 1990

County, denied. Justice Souter took no part in the consideration or de- cision of this petition.

No. 90-223. Jimmie D. Oyler, Petitioner v. Earle D. Jones, District Judge, District Court of Johnson County, Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-239. United Transportation Union, Petitioner v. United Transportation Union, Local 74. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-245. Rex A. Sharp, et al., Petitioners v. Kansas. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-248. San Francisco Fire Fighters Local 798, International

Association of Fire Fighters, AFL-CIO, Petitioner i>. City and County of San Francisco, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-254. Alabama Department of Revenue, Petitioner v. Pilot

Petroleum Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-258. Weslo, Inc., Petitioner v. Diversified Products Corp., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-262. Sheila Sims, Petitioner v. John Mulcahy. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-266. Hughes Brailey, Petitioner v. Jenny Alderman, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-268. Jacqueline Shedbalkar, Petitioner v. A. Rashied Shed- balkar. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Souter took no part in the consideration or decision of this petition. TUESDAY, OCTOBER 9. 199( 117

No. 90-269. Karen R. Lunde, Petitioner v. Charles M. Helms, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-274. Teamsters Local Union No. 776, Petitioner v. Rite Aid Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-275. Mary Franco, Petitioner v. American Gas Association

Laboratories, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-276. Elisa Cosgrove, Petitioner v. Kansas State Department of Social and Rehabilitation Services. Petition for writ of certiorari to the Court of Appeals of Kansas denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-277. Curtis L. Wrenn, Petitioner v. G. Bruce McFadden, In- dividually and as Director, University of Maryland Hospital, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-278. Marilyn A. Strong, Petitioner v. Board of Education of

Uniondale Union Free School District, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-279. Horace D. McCowan, Jr., et ux., Petitioners v. Sears,

Roebuck and Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-280. Joan A. Kinney, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-282. Frank Pavao, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-284. Boatmen's National Bank of St. Louis, as Successor in Interest to Centerre Bank, N.A., fka First National Bank of St. Louis,

Petitioner v. Garland Carver, etc. Petition for writ of certiorari to the 118 TUESDAY, OCTOBER 9. 1990

Supreme Court of Iowa denied. Justice Souter took no part in the con- sideration or decision of this petition.

No. 90-287. J. Reed Dunkley, et ux., Petitioners v. Rega Properties, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-288. New York State Teamsters Joint Council 18, et al., Peti- tioners v. New York State Teamsters Council Health and Hospital Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-290. Billy Ray Eubanks, Petitioner v. Getty Oil Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-292. Leo M. Mullen, Petitioner v. City of Belton, Missouri, et al. Petition for writ of certiorari to the Court of Appeals of Mis- souri, Western District, denied. Justice Souter took no part in the con- sideration or decision of this petition.

No. 90-294. Bill Sandlin, Petitioner v. Texaco Refining and Market- ing, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-296. Love Church, Petitioner v. City of Evanston, Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-297. Porter H. Mitchell, Petitioner v. Mobil Oil Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-299. Waste Conversion, Inc., Petitioner v. Pennsylvania. Petition for writ of certiorari to the Commonwealth Court of Penn- sylvania denied. Justice Souter took no part in the consideration or decision of this petition. No. 90-301. Richard Coffee, Petitioners. Seaboard System Railroad, Inc. Petition for writ of certiorari to the Supreme Court of Alabama de- nied. Justice Souter took no part in the consideration or decision of this petition. TUESDAY. OCTOBER 9. 1990 119

No. 90-302. Clarence E. Peten, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-303. Le Bup Thi Dao, et al., Petitioners v. Board of Medical

Quality Assurance of California, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. Jus- tice Souter took no part in the consideration or decision of this petition.

No. 90-304. Centennial School District, et al., Petitioners v. Harry

Gregoire, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-305. Lawrence S. Krain, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice Souter took no part in the consideration or de- cision of this petition.

No. 90-311. Bateman Eichler, Hill Richards, Incorporated, et al.,

Petitioners v. John D. Ruocco, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-313. Earlene Polyak, Petitioner v. Frank Hulen, et al.; and

Earlene Polyak, Petitioner v. William Boston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-314. Suzanne Brunazzi Grant, Petitioner v. Federal Land

Bank of Jackson, Louisiana, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-316. Danny M. Linkous, Petitioner v. Peter Johnson, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-317. Phyllis Pruitt, etc., Petitioner v. PPG Industries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consid- eration or decision of this petition.

No. 90-318. Carl W. Tinnon, et al., Petitioners v. Burlington North- ern Railroad Company. Petition for writ of certiorari to the United 120 TUESDAY. OCTOBER 9. 1990

States Court of Appeals for the Eighth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-319. Phyllis Zagano, Petitioner v. Fordham University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-320. Allan R. Pervis, Petitioner v. State Farm Fire and Casu- alty Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-322. Dora Vallance, Petitioner v. James Lionel Brewbaker. Petition for writ of certiorari to the Circuit Court of Michigan, County of Cheboygan, denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-325. Freeport Transport, Inc., Petitioner v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-330. William M. Wilcox, Jr., Petitioner v. Terrytown Fifth District Volunteer Fire Department, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Jus- tice Souter took no part in the consideration or decision of this petition.

No. 90-331. Corinth Pipeworks, S.A., Petitioner v. Gulf Consoli- dated Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-359. Howard A. Anthony, Petitioner v. City of Chicago. Peti- tion for writ of certiorari to the Supreme Court of Illinois denied. Jus- tice Souter took no part in the consideration or decision of this petition.

No. 90-362. Avis J. Smith, Petitioner v. United States Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-371. Lois Morales, Petitioner v. Kansas State University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-378. Mary C. Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the TUESDAY. OCTOBER 9. 1990 121

Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-386. Ronald F. Keith, Petitioner v. Donald B. Rice, Secre- tary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-390. Frank E. Butler, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-397. Gary Green, Petitioner v. Maurice P. Foley. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition. No. 90-398. Carl Ray Helms, Dennis Harris, and Shirley Harris,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-406. Curtis L. Wrenn, Petitioner v. Richard Droske, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-412. David Wells Edgar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-415. St. Charles Associates, Petitioner v. Manuel Lujan, Jr., Secretary of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-418. Esther Gollner, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5134. Francis Phillip Conway, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5153. Carlos de la Torre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the 122 TUESDAY. OCTOBER 9. 1990

Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5162. Joseph Thomas Manley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consid- eration or decision of this petition.

No. 90-5163. Eugene Jenkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5207. Steven Schwartz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5209. Jeffrey Stewart, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5362. Joanne Rodriguez-Doshi, Petitioner v. General Serv- ices Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5376. James Flanders, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5381. William Watts, Petitioner v. William Armontrout, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5382. Steven Scott, Petitioner v. John Icenogle, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5385. William Richardson, Petitioner v. Mike Henry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5386. Albert Thomas, Petitioner v. David Evans, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition. TUESDAY, OCTOBER 9, 1990 123

No. 90-5390. Charles Tigner, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5400. Ernie Lee Hoch, Petitioner v. Montana. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5410. Michael Sindram, Petitioner v. James Ryan, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5411. William Powlowski, Petitioner v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consideration or de- cision of this petition.

No. 90-5413. Daniel Olivarez, Jr., Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5417. Juan Figueroa Andino, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5420. Lenny Dixon, Petitioner v. Robert Fox, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5430. Royal Edward Glaude, Petitioner v. State Bar of Cali- fornia, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5431. Donnie Singleton, Petitioner v. Mike Moore, Attorney General of Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition. 124 TUESDAY. OCTOBER 9. 1990

No. 90-5437. George Balmer and Margaret Balmer, Petitioners v. State Farm Fire and Casualty Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5438. Freddie Sparks, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5441. Susan G. Madden, Petitioner v. NBD Mortgage Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5447. Dalanti D. Hall, Petitioner v. Arthur M. Ney, Jr. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5448. Lloyd London, Petitioner v. Edwina Arington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5449. Ahsan Mohiuddin, Petitioner v. Alabama Department of Industrial Relations and USBI, Co. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5450. Clyde Nubine, Petitioner v. Paul A. Cooley, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5451. William Cooper, Petitioner v. Jim Jones, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Western Dis- trict, denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5455. Thoni Lee Green, Petitioner v. Larry Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5456. Michael Sindram, Petitioner v. Robert Sweeney, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition. TUESDAY. OCTOBER 9. 1990 125

No. 90-5462. David Turner, Petitioner v. AT&T Communications. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5463. William Schrader, Petitioner v. John P. Whitley, War-

den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5467. Roscoe W. Fields, Sr., Petitioner v. Joe C. Fowler,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5469. Jerry C. Moore, Petitioner v. Stewart Title of Califor- nia and State Savings and Loan. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Jus- tice Souter took no part in the consideration or decision of this petition.

No. 90-5475. Phillip Elliott Jones, Petitioner v. City of Hamtramck, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5478. John Rhones, Petitioner v. Robert Borg, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5481. William Christopher Brown, Petitioner v. Terrie C.

Chavis, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5484. Debro Siddiq Abdul-Akbar, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5485. William Albert Allen, Petitioner v. Montgomery County

Jail, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5487. Edward White, Petitioner v. Wayne McGinnis. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition. 126 TUESDAY. OCTOBER 9. 1990

No. 90-5490. Elderege Boots Williams, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5493. Gregory W. Boudette, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5494. Ezekiel Brown, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5495. Kevin Cathers, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5496. Arminta Russell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5497. John P. Royster, Petitioner v. Thomas Kean, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consid- eration or decision of this petition.

No. 90-5503. Danny R. Hollingsworth, Petitioner v. California. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5504. Alvin Mays, Petitioner v. Henry N. Grayson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5517. Richard Ford, Petitioner v. Richard Dugger, Secre- tary, Florida Department of Corrections, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5528. Steven H. Elliott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the TUESDAY. OCTOBER 9. 1990 127

Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5532. Pamela Johnson, Petitioner v. Farmers Insurance

Group, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5534. Edward Colella, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5539. Brother Norelin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5547. Ronald Beachum, Petitioner v. Robert Tansy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5548. Pablo Soto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5557. Charles Michael Kissick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5561. Skid Ronnie Manns, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5564. Inez Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5568. Mario Restrepo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5569. Jess W. Feathers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the 128 TUESDAY. OCTOBER 9. 1990

Eighth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5570. Lillian Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5571. Bill Tapp, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5572. Emmit V. Bookman, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5573. John P. Croom, Petitioner v. Gary L. Henman. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5579. Marie-Therese Halim Assaad-Faltas, Petitioner v. Uni- versity of Arkansas for Medical Sciences, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit de- nied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5584. Jessie Jerome Oliver, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5592. James Eddie Garrett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition. No. 90-5593. Shirley Lorraine Lattimore, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5595. Theodore Vickers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or decision of this petition. TUESDAY. OCTOBER 9. 1990 129

No. 90-5597. David Allen Van Omen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5600. Ellus Yehuda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5601. Randolph Willis Ringstad, Petitioner v. M. Wanna- maker, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition. No. 90-5611. James Thomas Blakely, aka Thomas James Blakely,

Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition. No. 90-5616. Alfred Fragoso, Nestor Delgado and Carlos Casiano,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5619. Pedro Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition. No. 90-5620. Rafael Armas, aka Rafael Valdeolla Armas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5626. Charles Eddie Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5629. Jerome Mann, Petitioner r. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5630. Bonnie Lynn Lewis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Souter took no part in the consideration or decision of this petition. 130 TUESDAY, OCTOBER 9. 1990

No. 90-5645. Arturo Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5646. Robert Sylvester et ux., Petitioners r. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5647. Rudolph Sherman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5654. Scott Evans Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5665. Anthanasios Theodoropoulos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5673. Joseph White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5679. Peter Crossfield and Claudius Minott, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5684. Roger L. Lyle, Petitioner v. John Jabe, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5689. Don Bourke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-5693. Julian Roger Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Souter took no part in the consid- eration or decision of this petition. TUESDAY. OCTOBER 9. 199< 131

No. 90-5696. Oliver Giles, Petitioner v. Calvin Green, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5700. Blanche Elizabeth Dyer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5742. Ned N. Cary, Jr., Petitioner v. Anheuser Busch Com- panies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 89-1876. Florida, Petitioner v. Johnnie Lee Jones. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 90-20. Hawaii, Petitioner v. John Kalani Lincoln. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Hawaii denied. Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 89-1901. Prince Edward School Foundation, Petitioner v. Her- mitage Methodist Homes of Virginia, Inc. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Marshall and Justice Souter took no part in the consideration or decision of this petition.

No. 89-1988. Berkshire Gas Company, et al, Petitioners v. Associ- ated Gas Distributors, et al.; No. 89-1989. Tennessee Small General Service Customer Group, et al., Petitioners v. Associated Gas Distributors, et al.;

No. 89-1990. Tennessee Gas Pipeline Company, Petitioner v. Associ- ated Gas Distributors, et al.;

No. 89-2000. National Fuel Gas Supply Corporation, Petitioner v.

Associated Gas Distributors, et al.; and

No. 89-2016. Federal Energy Regulatory Commission, Petitioner v.

Associated Gas Distributors, et al. The motion of Interstate Natural

Gas Association for leave to file a brief as amicus curiae in No. 89-2016 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Souter 132 TUESDAY. OCTOBER 9. 1990 took no part in the consideration or decision of this motion and these petitions.

No. 89-2001. Panhandle Eastern Pipe Line Company, et al., Peti- tioners v. Columbia Gas Transmission Corporation, et al; and

No. 90-131. Federal Energy Regulatory Commission, Petitioner v.

Columbia Gas Transmission Corporation, et al. The motion of Inter- state Natural Gas Association for leave to file a brief as amicus curiae is granted. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Souter took no part in the consideration or decision of this motion and these petitions.

No. 89-7745. Andy Dyke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White would grant certiorari. Justice Souter took no part in the consideration or decision of this petition.

No. 90-249. Ronald Lee Fee, etc., et ux. Petitioners v. Joseph Milton Herndon. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certio- rari. Justice Souter took no part in the consideration or decision of this petition.

No. 89-7782. Ernest Ray Willis, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Marshall. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5356. Christopher A. Burger, Petitioner v. Walter Zant, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Marshall. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5460. James Lee Jones, Jr., Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. Dissenting statement by Justice Marshall. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5471. Thomas Gerald Laney, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Ten- nessee, Eastern Division, denied. Dissenting statement by Justice Marshall. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5477. Carlton Pope, Petitioner v. Charles E. Thompson, Warden. Petition for writ of certiorari to the Supreme Court of Vir- TUESDAY. OCTOBER 9. 1990 133

ginia denied. Dissenting statement by Justice Marshall. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5488. William Wickline, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting state- ment by Justice Marshall. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5591. Timothy Wilson Spencer, Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied. Dis- senting statement by Justice Marshall. Justice Souter took no part in the consideration or decision of this petition. No. 89-7838. Alexzene Hamilton, As Natural Mother and Next Friend

to James Edward Smith, Petitioner v. Texas. The motion of Chris

Lonchar Kellogg for leave to intervene is denied. The petition for a writ

of certiorari to the Court of Criminal Appeals of Texas is denied. Con- curring opinion by Justice Marshall with whom Justice Blackmun joins. Concurring opinion by Justice Stevens with whom Justice Blackmun joins. Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 90-9. MCI Communications Corporation, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice O'Connor and Justice Souter took no part in the consideration or deci- sion of this petition.

No. 90-263. Deloris M. Adams, et vir, Petitioners v. Leisure Dynam-

ics, Inc., et al. The motion of respondents for taxation of attorney's fees

and costs is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 90-289. F L Aerospace Corp., Petitioner v. Aetna Casualty & Surety Company. The motion of Mid-America Legal Foundation for

leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 90-298. Presbytery of Seattle, Petitioner v. King County, Wash- ington. The motion of American College of Real Estate Lawyers for

leave to file a brief as amicus curiae is granted. The motion of Orego-

nians in Action for leave to file a brief as amicus curiae is granted. The motion of American Farm Bureau Federation for leave to file a brief as

amicus curiae is granted. Petition for writ of certiorari to the Supreme 134 TUESDAY. OCTOBER 9. 1990

Court of Washington denied. Justice Souter took no part in the consid- eration or decision of these motions and this petition.

No. 90-5177. Murray Hooper, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice Marshall would grant certiorari. Justice Souter took no part in the consideration or decision of this petition.

No. 90-5395. Paul Gregory House, Petitioner v. Tennessee. The peti- tion for a writ of certiorari to the Court of Criminal Appeals of Tennes- see, Eastern Division, is denied. Dissenting opinion by Justice Mar- shall. Justice Souter took no part in the consideration or decision of this petition. Mandamus Denied

No. 90-315. In Re Victor E. Murgo and Joseph LaSpesa, Petitioners.

The petition for writ of mandamus is denied. Justice Souter took no part in the consideration or decision of this petition. Rehearing Denied

No. 89-1719. Joseph Pantoja, et al., Petitioners v. Texas Gas Trans- mission Corporation, et al. The motion of petitioner Chris Pederson for leave to proceed further herein in forma pauperis is granted. The peti- tion for rehearing is denied. Justice Souter took no part in the consider- ation or decision of this motion and this petition. Allotment Order

It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42 and that such allotment be en- tered of record, effective October 9, 1990, viz For the District of Columbia, William H. Rehnquist, Chief Justice, For the First Circuit, David H. Souter, Associate Justice, For the Second Circuit, Thurgood Marshall, Associate Justice, For the Third Circuit, David H. Souter, Associate Justice, For the Fourth Circuit, William H. Rehnquist, Chief Justice, For the Fifth Circuit, Antonin Scalia, Associate Justice, For the Sixth Circuit. John Paul Stevens, Associate Justice, For the Seventh Circuit, John Paul Stevens, Associate Justice, For the Eighth Circuit, Harry A. Blackmun, Associate Justice, For the Ninth Circuit. Sandra Day O'Connor, Associate Justice, For the Tenth Circuit, Byron R. White, Associate Justice, For the Eleventh Circuit, Anthony M. Kennedy, Associate Justice, For the Federal Circuit, William H. Rehnquist, Chief Justice. TUESDAY, OCTOBER 9. 1990 135 Recess Order

The Court will take a recess from Monday, October 15, 1990, until Monday, October 29, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Mark Elliott Aronson Los Angeles, CA Thomas J. Casamassima Irwin William Aronson Camp Hill, PA Jerome Hillard Gerber William Francis Barnhart Yorba Linda, CA James Raymond Hammerton Susan Joan Barone Glen Ridge, NJ Joseph Patrick Brennan, Jr. James Morton Beecher Seattle, WA Michael Mines Ray G. Besing Dallas, TX Cecil Shelton Mathis Evelyn Jane Black Honolulu, HI Dennis Edward Watson O'Connor Lawrence A. Blatte New York, NY David G. Tobias Malcolm Pass Bobo Little Rock, AR Ricky Lee Pruett Reginald Alonzo Boddie New Haven, CT Jon C. Dubin Larry Ashmore Bodiford Panama City, FL W. Fred Turner Steve Bremser Victorville, CA Paul Marron Hogan Roger G. Brown Jefferson City, John W. Inglish MO Michael S. Burg Denver, CO Jerry R. Dunn William T. Cahill Chicago, IL Richard J. Phelan John Evangelist Campion Raleigh, NC Charles D. Case III Miriam Sandra Canter Phoenix, AZ Allen Benjamin Bickart Paul John Caputo Buffalo, NY John Vaughan Millane, Jr. Rhonda Lee Cartwright San Diego, CA Steven H. Zeigen Marcv S. Crain Minneapolis, MN Warren Richard Sagstuen 136 TUESDAY. OCTOBER 9. 1990

Applicant City and State Movant

Leon F. Dalbec Jr. Wallingford. CT Steven Merrill Allen Sellers Ellis Haven Davison II Denton, MD Franklin A. Wurman Primitivo Riego De Leon New York, NY Silverio Acosta Ramirez Karl Eric Dickman Seattle, WA David Samuel Teske John Linson Dodd Tustin, CA Sylvia L. Paoli Matthew S. Donaldson Jr. Media, PA James C. Brennan James Robert Doty Washington, DC Paul Gonson Scott W. Doyle Carson City, NV D. Brian McKay James Elliott Dade City, FL Robert Joel Shapiro Linda V. Farrer Exeter, NH Edward A. Gage Eddie Lee Fields Miami, FL Harold Teliaferro Smith, Jr. F. Emmett Fitzpatrick III Philadelphia, PA F. Emmett Fitzpatrick, Jr. Susan Annamarie Fox Springdale, AR James Edward Evans, Jr. Joseph Anthony Franco Washington, DC Jacob H. Stillman Herman A.D. Frank V San Francisco, CA John Washington Bassett

Charles Bradley Frye Lubbock, TX J. Lamar Curry, Jr. Joseph Eugene Gibso Washington, DC Hugh Etheridge McGuire John Joseph Gideon Columbus, OH Jack W. Decker Darrell Glahn Stockton, CA Joel Carash Carolyn Gnaedinger Milwaukee, WI Samuel J. Recht J. Broocks Greer III Shreveport, LA Henry C. Walker Stephen Spencer Harper Oakland, CA Raoul Dion Kennedy Rebecca Sofley Henderson Raleigh, NC N. Hunter Wyche, Jr. Roy W. Hibberd Newport Beach, Thomas Jordan CA Norman, Jr. TUESDAY. OCTOBER 9. 1990 137

Applicant City and State Movant

Donal Mcllvaine Hill San Diego, CA Lloyd McKinley Harmon, Jr. Patrick Lee Hoskins Houston, TX David Hillel Melasky Elaine Houghton Tacoma, WA Bertha Baranko Fitzer Joseph J. Hrvol Council Bluffs, IA Lyle A. Rodenburg Bill R. Hutto Panama City, FL W. Fred Turner Whitman B. Johnson III Jackson, MS Edward Jones Currie, Jr. John Michael Jones Olympia, WA Kathleen D. Mix John Craig Jones Lafayette, LA James Buckner Doyle George Edward Jones III Montgomery, AL Don Eugene Siegelman Barnett N. Kalikow Okanogan, WA James R. Thomas Ellen Edge Katz Phoenix, AZ William Joshua Carter, III Bruce K. Kaufman Madison, WI Ward L. Johnson, Jr. Margaret A. Kirby Stamford, CT Michael Gene Clear Theodore Knevelbaard Artesia, CA Richard Chernick Michael J. Kralovec Chicago, IL Daniel C. Meenan, Jr. Clifton B. Kruse Jr. Colorado Springs, Franklin Eugene CO Lynch David J. Lansner New York, NY Martin Guggenheim David Allen Larson Washington, DC Gwendolyn Young Reams Peter F. Laura Los Angeles, CA Vanessa Place Ellen Beth Leidner Columbus, OH Helen Marie Ninos Walter Watson Leonard Fort Worth, TX Arthur Roland Petersen

Mark Garrv Lerner Tustin, CA Gerald I. Neiter 138 TUESDAY. OCTOBER 9. 1990

Applicant City and State Movant

Irving P. Margulies Washington, DC Marilyn G. Wagner Erskine R. Mathis Birmingham, AL William M. Dawson, Jr. James A. McCall Washington, DC Patrick John Riley Anne McDonnell Woodbury, NJ Steven K. Kudatzky Mark J. Mihok Lorain, OH Kenneth P. Rothgery Jeffrey Alan Miller Orinda, CA Ezra Hendon Charles S. Mishkind Grand Rapids, MI Larry James Saylor Peter J. Mort Riverside, CA Jams D. Ward Michele Megan Ovesey New York, NY Gregg M. Mashberg Donald G. Paulson Colorado Springs, Dennis W. CO Hartley William T. Payne Pittsburgh, PA Karin Sue Feldman Richard L. Perez Orinda, CA Ezra Hendon

T Jerald L. Perlman Shreveport, LA Henry C. W alker Bruce A. Petesch Raleigh, NC James Bernard Spears, Jr. Fred M. Plevin San Diego, CA Lawrence Mark Stahl Demetrios George Pulas Jr. Washington, DC George P. Lewnes Richard James Riha Bismarck, ND John C. Kapsner Gail P. Rubin New York, NY Lorna Bade Goodman Richard J. Rymond Cleveland, OH Richard Thomas Reminger

T Michael James Sachen West Allis, W I Harold Henry Fuhrman Robert A. Schwinger New York, NY Howard Myles Schwinger Randal D. Shields Washington, DC Marilyn G. Wagner Samuel Ceraso Sichko Boston, MA Gael Mahony TUESDAY. OCTOBER 9. 1990 139

Applicant City and State Movant

Darcee S. Siegel Miami, FL Maria J. Chiaro Charles Stein Siegel Dallas, TX Brent Marcus Rosenthal Bruce Fisher Simberg Miami, FL Harriet Lewis Paul Skendelas Columbus, OH Richard Joseph Vickers John Michael Skrocki Philadelphia, PA Daniel T. McWilliams Arlo D. Sommervold Sioux Falls, SD Merle A. Johnson Diane M. Soubly Detroit, MI Larry James Saylor Sylvia Dorsey Stewart Paso Robles, CA Kathi Kettell Kesselman Craig F. Stowers Anchorage, AK John Martin Conway David Lee Strait Columbus, OH Richard Joseph Vickers Timothy Joseph Sugrue Branford, CT Steven Merrill Allen Sellers Gerard Joseph Sullivan Jr. Jacksonville, FL Neil Christopher Taylor Steven P. Suskin Parker, AZ Mason Jeremy Toles Willis A. Talton Greenville, NC John Graham Clark, III David P. Taylor Edwardsburg, MI Timothy J. Hartzer Lawrence P. Terrell Denver, CO Tucker Karl Trautman Robert R. Vieth Washington, DC G. Duane Vieth Joann Waiters Washington, DC Erias Alexander Hyman Witold J. Walczak Baltimore, MD Lawrence Bernard Coshnear David C. Warren Denver, CO James Eckford Scarboro Brian Lockwood Webb Dallas, TX Joseph William Geary, Jr. 140 TUESDAY. OCTOBER 9. 1990

Applicant City and State Movant

X^v *1Tl/r* 1 1TTT * David Michael Weinfeld Philadelphia, PA Fanklin A. W urman Hillary Weisman New York, NY Lorna Bade Goodman Frederic M. Wentz Norristown, PA Bruce Jonathan Eckel rjlisabetn A. Werby Montclair, IN J Joan E. Bertin /~1 11, ATT Melody A. White Carrollton, OH John T. Corrigan Robert J. Wilson Philadelphia, PA Rebecca M. LandesT J

-T—V 1 f TTT If* Barbara L. Wolf Fort Lauderdale, Mary Ellen T7 T r L Shoemaker

Mark P. Yeshe Helena, MT Michael J. Donahoe Louise Ollie Young St. Petersburg, Howard P. Ross FL R. Dale Yurovich Lorain, OH Richard Marshal Stein

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Steven Fred Groce Springfield, MO David L. Shapiro

Jill Eileen Stone Columbus, OH Gregory Lawrence Ayers Randall H. Kehl Washington, DC Mary F. Radford Robert Morris Bernard Columbus, OH Gloria Eyerly Barbara Ann Farnbacher Columbus, OH Gloria Eyerly Neil William Rosenberg Columbus, OH Gloria Eyerly Gerald Gordon Simmons Columbus, OH Gloria Eyerly

Oral Arguments

No. 89-1448. Virginia Bankshares, Inc., et al., Petitioners v. Doris I.

Sandberg, et al. Argued by Mr. Stephen M. Shapiro for the petitioners, by Mr. Joseph M. Hassett for the respondents, and by Mr. Michael R. Dreeben for the Securities and Exchange Commission and Federal De- TUESDAY, OCTOBER 9. 1990 141 posit Insurance Corporation, as amici curiae, in support of respond- ents, by special leave of Court.

No. 89-1298. Ingersoll-Rand Company, Petitioner v. Perry McClen- don. Argued by Mr. Hollis T. Hurd for the petitioner, by Mr. Chris- topher J. Wright for the United States, as amicus curiae, in sup- port of the petitioner, by special leave of Court, and by Mr. John W. Tavormina for the respondent. No. 89-994. West Virginia University Hospitals, Inc., Petitioner v. Robert Casey, Governor of Pennsylvania, et al. Argued by Mr. Rob- ert T. Adams for the petitioner and by Mr. Calvin R. Koons for the respondents.

No. 89-5011. Larry Joe Powers, Petitioner v. Ohio. Argued by Mr. Robert L. Lane for the petitioner and by Mr. Alan Craig Travis for the respondent.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY. OCTOBER 10. 1990 143 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Brian George Yonish Fairfax, VA Carl John Turnquist Daniel Cornelius Murphy San Francisco, CA Carol J. Head III Suzanne L. Mager Boston, MA Joan E. Bertin Ilise Levy Feitshans New York, NY Jack Levy

Oral Arguments

No. 89-1215. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, et al., Peti- tioners v. Johnson Controls, Inc. Argued by Ms. Marsha S. Berzon for the petitioners and by Mr. Stanley S. Jaspan for the respondent.

No. 89-1166. Arthur Groves, Bobby J. Evans and Local 771, Inter- national Union UAW, Petitioners v. Ring Screw Works, Ferndale Fastener Division. Argued by Mr. Laurence Gold for the petitioners and by Mr. Terence V. Page for the respondent.

No. 89-839. Arizona, Petitioner v. Oreste C. Fulminante. Argued by Mrs. Barbara M. Jarrett for the petitioner, by Mr. Paul J. Larkin for the United States, as amicus curiae, in support of the peti- tioner, by special leave of Court, and by Mr. Stephen R. Collins for the respondent.

No. 89-1063. Firstier Mortgage Company, aka Realbanc, Inc.,

Petitioner v. Investors Mortgage Insurance Company. Argued by Mr. Jack S. Dawson for the petitioner and by Mr. John P. Roberts for the respondent.

Adjourned until Monday, October 15, 1990 at 10 o'clock. x

(JOURNAL) FRIDAY. OCTOBER 12. 1990 1 45 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-256. Quentin L. Kopp and Ross Johnson, Applicants v. Serv- ice Employees International Union, AFL-CIO, et al. The application for stay of enforcement of injunction issued by the United States Dis- trict Court for the Eastern District of California presented to the Chief Justice and by him referred to the Court is denied.

(JOURNAL) MONDAY. OCTOBER 15. 1990 147 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice O'Connor, Justice Kennedy, and Justice Souter.

The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and wall not be announced orally."

Appeals— Summary Disposition

No. 90-272. Tyrone Brooks, et al., Appellants v. Georgia State Board of Elections, et al.; and

No. 90-332. Georgia State Board of Elections, et al., Appellants v.

Tyrone Brooks, et al. Appeals from the United States District Court for the Southern District of Georgia. The judgments are affirmed.

Certiorari — Summary Disposition

No. 90-5183. William C. Cary, Jr., Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of United States v. Eichman, 496 U. S. (1990).

Orders in Pending Cases

No. — . Lionel Laliberte, Petitioner v. United States. The motion to direct the Clerk to file the petition for a writ of certiorari, out-of-time, is denied.

No. — . In the Matter of Julius Stern. The application for readmis- sion to the Bar presented to Justice Marshall and by him referred to the

Court is denied. Justice Stevens would grant the application.

No. . Dewayne W. Waters, Petitioner v. Maryland. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted.

No. A-259. Cinema Blue of Charlotte, Inc., etc., et al., Applicants

v. North Carolina. The application for recall and stay of mandate ad- dressed to Justice Marshall and referred to the Court is denied. 148 MONDAY. OCTOBER 15. 1990

No. D-879. In the Matter of Disbarment of Ronald Etheridge Ander- son. Disbarment order entered. No. D-899. In the Matter of Disbarment of Michael E. Donnelly. Dis- barment order entered. No. D-902. In the Matter of Disbarment of William A. Metz. Disbar- ment order entered. No. D-910. In the Matter of Disbarment of Fredric Fedje Hendrick- son. Disbarment order entered. No. D-918. In the Matter of Disbarment of Howell Lovell. Jr. Dis- barment order entered. No. D-923. In the Matter of Disbarment of Charles Stanley Morrow. Disbarment order entered.

No. D-939. In the Matter of Disbarment of Carl M. Mazzocone. It is ordered that Carl M. Mazzocone, of Philadelphia, Pennsylvania, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-940. In the Matter of Disbarment of Robert Allen Moore. It is ordered that Robert Allen Moore, of Brownsville, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-941. In the Matter of Disbarment of J. Mack Ausburn. It is ordered that J. Mack Ausburn, of Big Spring, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-942. In the Matter of Disbarment of Jon Gregory Logan. It is ordered that Jon Gregory Logan, of Holton, Kansas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-943. In the Matter of Disbarment of Bruce Cameron Fraser.

It is ordered that Bruce Cameron Fraser, of Winston-Salem, North Carolina, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-944. In the Matter of Disbarment of Alan H. Russell. It is ordered that Alan H. Russell, of Van Nuys, California, be suspended from the practice of law in this Court and that a rule issue, returnable MONDAY. OCTOBER 15. 1990 149

within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-945. In the Matter of Disbarment of Edward Emmet Heavy. It is ordered that Edward Emmet Heavy, of San Francisco, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-946. In the Matter of Disbarment of Donald J. Richardson, Jr. It is ordered that Donald J. Richardson, Jr., of San Francisco, Cali- fornia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. Ill, Original. State of Delaware, Plaintiff v. State of New York. The motion of South Carolina for leave to intervene and adopt com- plaint is referred to the Special Master.

No. 89-1027. Norfolk and Western Railway Company, et al., Peti- tioners v. American Train Dispatchers Association, et al.; and

No. 89-1028. CSX Transportation, Inc., Petitioner v. Brotherhood of Railway Carmen, et al. The motion of respondents American Train

Dispatchers' Association, et al. to dismiss is denied.

No. 89-1784. Insurance Company of the State of Pennsylvania, et al.,

Petitioners v. Ben Cooper, Inc. The motion of the Solicitor General for divided argument is granted to be divided as follows: 30 minutes for petitioners; 20 minutes for respondent; and 10 minutes for the Solicitor General. The request for additional time for oral argument is denied.

Certiorari Granted

No. 90-96. Frederick A. Siegert, Petitioner v. H. Melvyn Gilley. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 88-7247. Bryan Stuart Lankford, Petitioner v. Idaho. The mo- tion of petitioner for leave to proceed in forma pauperis is granted and petition for writ of certiorari to the Supreme Court of Idaho granted limited to Question II presented by the petition.

Certiorari Denied

No. 89-1922. Pamila Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 150 MONDAY, OCTOBER 15. 1990

No. 89-2029. Shell Oil Company, Petitioner v. Raymond J. Leo- nardini. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Third Appellate District, denied.

No. 89-7600. Vincent Darnley Harris, Petitioner v. Richard L.

Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7683. Charles Young, Petitioner v. Florida, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 89-7775. Favis Clay Martin, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7779. Elias Castillo Tijerina, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7789. Phillip Robert Castillo, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 89-7833. James Williams, Petitioner v. David Gooding, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7867. William Franklin McNabb, Petitioner v. Charlie Jones, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-7873. Carl D. McQuillion, Petitioner v. Ron Koenig, Chair- man, California Board of Prison Terms. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-61. Nathaniel Johnson, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-144. Safe Flight Instrument Corporation, Petitioner v. Sund- strand Data Control, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-145. James J. Lyons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. MONDAY. OCTOBER 15. 1990 151

No. 90-147. Dennis Fryman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-162. Rockford Memorial Corporation, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-182. V-l Oil Company, Petitioner v. Steven P. Gerber; and

No. 90-351. Steven P. Gerber, Petitioner v. V-l Oil Company. Peti- tions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-191. David M. Buckley and John E. Reid and Associates,

Inc., Petitioners v. Tammie R. Ellis. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 90-326. Datapoint Corporation, Petitioner v. Northern Telecom, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-329. Bernard Harris, et al., Petitioners v. Traylor Bros.,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-335. Gerald M. Sparks, Petitioner v. Character and Fitness Committee of Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-337. Robert Clifford Valley, Petitioner v. Rosalie Gail Valley. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-338. William H. Coffey, Petitioner v. PSLJ, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-339. Celotex Corporation, Petitioner v. John E. Johnson, et ux. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 90-343. Flossie Williams McMurry, Petitioner v. Steven Amos, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-346. Toledo Police Patrolman's Association, Local 10,

I. U. P. A., et al., Petitioners v. City of Toledo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 152 MONDAY. OCTOBER 15. 1990

No. 90-347. Fred Daniel Van Dyken, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 90-348. New Era Publications International, ApS, Petitioner v. Carol Publishing Group. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-349. Marvin Rathert, et al., Petitioners v. Village of Peotone,

Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-352. Sharon Navratil, Individually and Guardian ad litem for

Serena Navratil, a Minor, Petitioner v. California State Automobile As- sociation Inter-Insurance Bureau. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-353. Joseph Camaione, Sr., Petitioner v. Borough of Latrobe. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

No. 90-381. Deere & Company, Petitioner v. T. J. Kennedy, D.C., et al. Petition for writ of certiorari to the Appellate Court of Illi- nois, Third District, denied.

No. 90-399. Curtis L. Wrenn, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-426. David E. Gantner, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-442. Albert Pontani, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-452. Emma M. L. Conti, Petitioner v. Commissioner of Inter- nal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-469. Mario L. Bejasa, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-471. WPIX. Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, OCTOBER 15. 1990 153

No. 90-487. Richard Zzie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-5011. Joe Robert Herrera, Petitioner v. Pat Burroughs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5016. Kristopher K. Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5060. Johnny Wells, Petitioner v. Jerome D. Lacke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5115. Willie Royal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-5141. James Louis Whittlesey, Petitioner v. Circuit Court for

Baltimore County, Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5143. David Stewart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5198. Charles Reliford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5266. Douglas James Sisco, Petitioner v. County of Los An- geles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5270. Gary Keith Vernor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5521. James Steele, Petitioner v. Federal Land Bank of Jack- son, et al. Petition for writ of certiorari to the Supreme Court of Loui- siana denied.

No. 90-5522. Bobby Tippitt, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 154 MONDAY. OCTOBER 15. 1990

No. 90-5525. Curtis L. Harris, Petitioner v. Duane Rowe, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5533. Donald Shun*, Petitioner v. John Rocco. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 90-5543. Timothy L. Malumphy, Petitioner v. Samuel Lewis, Di- rector, Arizona Deparment of Corrections. Petition for writ of certio- rari to the Court of Appeals of Arizona, Division One, denied.

No. 90-5545. Wilfred Hill, et ux., Petitioners v. General Motors Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5552. Terry* Shrader, Petitioner v. William Hopkins, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 90-5553. William Schlicher, Petitioner v. Fritz Young, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5555. Joseph Sulak, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5558. Aaron Holsey, Petitioner v. James H. Baumgarten, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5559. Aaron Holsey, Petitioner v. Maryland Parole Commis- sion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5562. Jerald Jabbar Love, Petitioner r. Monroe County Pre- sentment Agency. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-5563. Rudolph McCollum, et ux., Petitioners v. Williams Leas-

ing, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5565. Andrew E. Muldowney, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylva- nia, Philadelphia Office, .denied.

No. 90-5634. William W. Moore, Petitioner v. Jack R. Duckworth,

Superintendent, Indiana State Reformatory, et al. Petition for writ MONDAY. OCTOBER 15. 1990 155 of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 90-5638. Marcos Rondon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5642. Lionel F., Petitioner v. City of New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-5652. David Spencer, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5670. Kenneth E. Frick, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5713. Andre Phillips, Petitioner v. Eugene Nuth, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5715. German Alonso Chavarriaga-Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5718. James Lamont Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5719. Blane Neely, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution and Diagnostic and Classifi- cation Center at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5720. Phillip Bruce Lang, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5722. Marvin Leon Grimm, Jr., Petitioner v. Edward W. Mur- ray, Director, Virginia Department of Corrections. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-5735. Kevin Boley, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-5776. James Stomner, Petitioner v. Darrell Kolb, Superin- tendent, Fox Lake Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 156 MONDAY. OCTOBER 15. 1990

No. 89-1902. Dennis E. Pryba, Barbara A. Pryba, Educational

Books, Inc. and Jennifer G. Williams, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting opinion by Justice White.

No. 89-7634. Patrick Charles McKenna, Petitioner v. Nevada. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. Dis- senting statement by Justice Marshall.

No. 90-5047. Edward Bennett, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. Dissenting statement by Justice Marshall.

No. 90-5101. Ernest Porter, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. Dissenting statement by Justice Marshall.

No. 90-5403. Leonel Torres Herrera, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-221. Jim Mattox, Attorney General of Texas, Petitioner v. Trans World Airlines, Inc., et al.; and

No. 90-232. Attorney General of California, et al., Petitioners v. Trans World Airlines, Inc.. et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Blackmun would dismiss the petitions for writs of certiorari as moot.

No. 90-323. Carriers Container Council, Inc., Petitioner v. Mobile Steamship Association. Inc., et al. The motion of International Long- shoremen's Association, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-327. Mutual Life Insurance Company of New York, et al.,

Petitioners v. Telly Kanakis, et ux. The motion of American Council of Life Insurance, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Fourth Appellate District, denied.

No. 90-370. Republic National Bank of Miami, Petitioner v. Fidelity and Deposit Company of Maryland. The motion of American Bankers

Association, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5454. Chester L. Draper, Petitioner v. Ohio. The petition for a writ of certiorari to the Court of Appeals of Ohio, Clermont County, is dismissed for want of jurisdiction. MONDAY. OCTOBER 15. 1990 157

No. 90-5605. Michael Wisniewski, Petitioner v. Johnny Kennard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White and Justice Black- mun would grant certiorari.

Mandamus Denied

No. 90-5537. In Re Arnett Thomas, Petitioner. The petition for writ of mandamus is denied.

Rehearing Denied

No. 88-7619. Andrew Edward Robertson. Petitioner v. California.

The motion of petitioner for leave to file second petition for rehearing is denied. Justice Souter took no part in the consideration or decision of this motion.

Adjourned until this afternoon at 3 o'clock. x

Admissions to the Bar on Written Motions

Applicant City and State Movant

Angela D. Evans Afflick Washington, DC Robert L. Ackerly Robert Steven Amador Los Angeles, CA J. Mark Waxman Alex G. Azzo Houston, TX George Richard Lambright Mark Emanuel Berman Davie, FL Lawrence Howard Feder William Wayne Berry Buffalo, NY Richard Lipsitz Susan D. Cardoni Portland, OR Larry Kenneth Amburgey Erik Patrick Christian Washington, DC Gregory Eugene Jackson John M. Geary Philadelphia, PA Charles A. Glackin James Francis Conway Jr. Fredericksburg, Howard Jeffrey VA Symons C. Jerome D'Aquila New Roads, LA Sam J. D'Amico Paul R. DePasquale Los Angeles, CA Michael P. Stone Robert P. Dick Gig Harbor, WA John William Ladenburg 158 MONDAY. OCTOBER 15. 1990

Applicant City and State Movant

James Michael Farrell Flemington, NJ John Lochry Thurman Sidney Hertz Fiergola Bismarck, ND Nicholas John Spaeth Paul David Fogel Oakland, CA Ezra Hendon Jonathan L. Frank Brooklyn, NY Peter Alan Weinstein John J. Galban New York, NY Anthony Raymond Mansfield Ashley Joel Gardner Brooke ville, MD Walter A. Oleniewski Eliott Richard Good Columbus, OH Terry Keith Barnett George Ann Hayne Edgard, LA Jules A. Carville, Graugnard III Thomas Richard Grden Southfield, MI Paul J. Fischer Jay Nelkin Gross Houston, TX Michael S. Wilk Dennis Michael Harley San Marino, CA Richard Paul St. Clair William Lake Hearne Shreveport, LA William James Hill, III James E. Heiser Denver, CO S. Morris Lubow Fred Israel Royal Oak, MD Bernard G. Segal Teresa J. James Wichita, KS Donald W. Bostwick Albert Donovan Kelly Los Angeles, CA Donovan Matthews Main Mark L. Kincaid Austin, TX Philip Kent Maxwell Bruce M. Kirkpatrick Durango, CO Donald Monte Pascoe Carol Roller Seattle, WA Ann Steinmetz C. Jacob Ladenheim Fincastle, VA James Muir Roe, Jr. Joe K. Longley Austin, TX Philip Kent Maxwell Kenneth Alan Love Houston, TX Walter Leonard Paulissen MONDAY. OCTOBER 15. 1990 159

Applicant City and State Movant

Laura Bernstein Luger Durham, NC Charles R. Holton Alan Neil Magenheim Houston, TX Richard Earl Griffin Marc Terry Malakoff Rockville, MD Jay Stephen Weiss DonaldRay Miller Shreveport, LA Robert G. Pugh Mark D. Moreland Charleston, WV Monty L. Preiser Melvin Stuart Narol Princeton, NJ Richard M. Altman Andrea Louise Nelson Washington, DC Edith Udell Fierst Dianne Mollie Rubin Akron, OH Richard Newman Sternberg Hudnall A. Pfeiffer Indianapolis, IN Gregory Jay Utken Ralph L. Phillips Dawson, GA Jesse G. Bowles Thomas L. Phillips Jr. Rustburg, VA William Rosenberger, Jr.

Pamela Adair Prestridge Houston, TX Michael S. Wilk William Edward Reeves Kansas City, MO James E. Reeves Katrina L. Rogers Phoenix, AZ Norma B. Martens David K. Rosequist Las Vegas, NV Brent E. Leavitt David P. Ryan Austin, TX Donald G. Henslee Marc Salzberg Denver, CO Louis Bernard Fine George E. Schaaf St. Louis, MO Martin M. Green Robin E. Schulberg Shreveport, LA Jerald L. Perlman Larry E. Sells Kansas City, MO Timothy K. McNamara Jeremy P. Sherman Chicago, IL Joel H. Kaplan George James Skelly Cambridge, MA Janet Lee Goetz Lowell V. Sturgill Jr. Washington, DC Thomas Mark Bondy D. Tyler Tharpe Fresno, CA Jon Wallace Upton Jeffrey D. Thill Minneapolis, MN Dean Stuart Grau 160 MONDAY, OCTOBER 15, 1990

Applicant City and State Movant

Marilyn M. Trubey Topeka, KS Charles Donald Anderson John T. Tucker III Richmond, VA Russell C. Williams Gary J. Valeriano Los Angeles, CA William Richard Moore

Respicio Ferreira Vazquez Chicago, IL Patricia J. Whitten Debra A. Vermillion Olathe, KS Judge John L. McClain James F. Young Jr. Chicago, IL Dennis M. Tobin

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Marcus John Davis Hyattsville, MD John F. Davis Judith Marie Fisher Columbus, OH Francis John Lorson William Joseph Rees Clarksburg, OH Francis John Lorson Ellen E. Mason Birmingham, MI William Lucas Mary M. Nassar Detroit, MI William Lucas Jon Martin Lear Salt Lake City, Earnest C. UT Baynard, III Phillip Wm. Lear Salt Lake City, Earnest C. UT Baynard, III Judith Katz Goldberg Danbury, CT Helane H. Smith Robert John DeMers Jr. Washington, DC Helane H. Smith Elise R. Sloan Ho-Ho-Kus, NJ Helane H. Smith Peter Andrew Turchick Bedminster, NJ Helane H. Smith Edward W. Avery Jr. Rye, NY Helane H. Smith Sharon G. Bickler Mineola, NY Helane H. Smith Linda D. Birnbaum New York, NY Helane H. Smith James Gary Buckley New York, NY Helane H. Smith Robert F. Docherty Jr: White Plains, NY Helane H. Smith Robert E. Fern Elmsford, NY Helane H. Smith James A. Garvey III Scarsdale, NY Helane H. Smith MONDAY. OCTOBER 15, 1990 161

Applicant City and State Movant

Carol S. Keenan Bronxville, NY Helane H. Smith Amy Baldwin Littman Chestnut Ridge, Helane H. Smith NY Edmund H. Mantell New York, NY Helane H. Smith Diane Hardman McDermott Armonk, NY Helane H. Smith Christine Misurelli Yonkers, NY Helane H. Smith Miriam Federman Moskoff Pomona, NY Helane H. Smith

Phillip I. Salomon New York, NY Helane H. Smith Robert R. Sappe Poughkeepsie, Helane H. Smith NY Paul V. Sciocchetti Schenectady, NY Helane H. Smith Marc Eric Sharff White Plains, NY Helane H. Smith Susan J. Sokol New York, NY Helane H. Smith David Joel Sokol New Windsor, NY Helane H. Smith Louis Steven Sorell New York, NY Helane H. Smith Carol Meyer Stern White Plains, NY Helane H. Smith Michael S. Weiss Mamaroneck, NY Helane H. Smith Leslie Dienes Weiss White Plains, NY Helane H. Smith Gary Keith Lambiase Washington, DC Helane H. Smith Ellen L. Nelson Attleboro, MA Noah Jacob Gordon Brenda A. Coppola Cuba Westfield, NJ Noah Jacob Gordon Linda Newman Princeton, NJ Noah Jacob Gordon Andrew Swinton Wulfman Morristown, NJ Noah Jacob Gordon Sonia S. Estreich New York, NY Noah Jacob Gordon Sheila Wishengrad New York, NY Noah Jacob Feinerman Gordon Edith Glaser New York, NY Noah Jacob Gordon Samuel Joseph Gottlieb New York, NY Noah Jacob Gordon Garran Juliette Graner New York, NY Noah Jacob Gordon 162 MONDAY. OCTOBER 15. 1990

Applicant City and State Movant

Viktoria L. Gres Stuart, FL Noah Jacob Gordon Debbie Kotin Insdorf New York, NY Noah Jacob Gordon Elaine J. Kotin New York, NY Noah Jacob Gordon Glenda Morris Rothberg New York, NY Noah Jacob Gordon Eileen Ruth Seligson New York, NY Noah Jacob Gordon Frederic J. Siegel New York, NY Noah Jacob Gordon Jay B. Solomon New York, NY Noah Jacob Gordon Ellen Faith Weisman New York, NY Noah Jacob Gordon Michael Lee Wittman New York, NY Noah Jacob Gordon M. Marian Clough Martinsville, NJ William Richard Clough Marianne A. Rotunno Flemington, NJ William Richard Gallina Clough John Paul Gallina Flemington, NJ William Richard Clough Steven Craig Lember Flemington, NJ William Richard Clough Donna S. Levinston Somerville, NJ William Richard Clough Sharon B. Ransavage Flemington, NJ William Richard Clough Anthony M. Rotunno Glen Gardner, NJ William Richard Clough David Vaida Flemington, NJ William Richard Clough

The Chief Justice said: "The Court is in special session this afternoon to receive the Resolu- tions of the Bar of the Supreme Court in tribute to our former colleague and friend, the late Justice Arthur J. Goldberg. MONDAY, OCTOBER 15. 1990 163

"The Solicitor General is recognized at this time for the purpose of presenting those resolutions which were adopted by the Bar. Mr. Solici- tor General."

Mr. Solicitor General Starr addressed the Court as follows:

"Mr. Chief Justice, and may it please the Court: At a meeting of the members of the Bar of the Supreme Court this afternoon, a Resolution memorializing our regard for the Honorable Arthur J. Goldberg and ex- pressing our profound sorrow at his death was unanimously adopted. With the Court's leave, I shall proceed to read this Resolution to the Court. RESOLUTION

"The members of the Bar of the Supreme Court of the United States meet today to record our respect, admiration, and affection for Arthur J. Goldberg, who served as Associate Justice from 1962 to 1965, and who gave life for sixty years to the ideal of justice as it is embodied in law. "Few people find the variety of opportunities for public service that come to Arthur Goldberg. Still fewer improve their opportunities so fully.

"Yet if this extraordinary man played an unusual number of different roles— as practitioner, as military intelligence officer, as Cabinet mem- ber, as an Associate Justice on this Court, as Ambassador, as states- man emeritus — he always kept his own character. He possessed both an unfailing sense of justice and the ability to make it work.

"Born in Chicago on August 8, 1908, Arthur Goldberg would say sixty years later, 4 my concern for justice, for peace, for enlightenment, for morality all stem from my heritage.' He was speaking particularly on that occasion, when he accepted the presidency of the American Jewish Committee, as a proud heir of Judaism. Many of us, of all faiths, were introduced to that inheritance as guests at Passover Seders at the Goldberg home on Albemarle Street. He wrote the family Haggadah, equating the Israelites' story to the civil rights struggle of the 1960s, and he told the Story of Exodus in contemporary terms. "Justice Goldberg was also acknowledging, with equal pride, the leg- acy of deep understanding and compassion that came from the humble circumstances of his formative years. True to the great universals of his Faith, he was also American to the core. His father, Joseph Goldberg, the town clerk of Zhinkov, a Ukrainian village northeast of Kiev, had come to Texas in 1890 by way of Vladivostok, Alaska, and California, and had then, in the pioneer tradition of this country— but reversing 164 MONDAY. OCTOBER 15. 1990 the conventional route — driven a horse and wagon across the great plains to Chicago. "Sending as soon as he could for his wife Rebecca and their daughter Mary, Joseph carved out a living the hard way. An educated man, he could find work only as a peddler to shops and hotels on Chicago's West Side of fruits and vegetables he picked up at the South Water Street Market. The family grew rapidly, Arthur being the last of Rebecca and Joseph's six children born in this country. "Arthur would recall that the family moved from apartment to apart- ment each year, taking advantage of the one month's free rent to new tenants. Another recollection was of going out on the street with his father in the early morning before school opened to sell vegetables from a wagon pulled by a horse that had only one good eye. They couldn't afford, he explained, a horse with two good eyes. "After his father's death, when Arthur was eight, his brothers and sisters, none of whom had gone beyond grade school, pitched in to send him to Theodore Herzl Elementary School. He went on to Crane Junior College where he had an English teacher, Lillian Herstein, who was an official of the Chicago Federation of Labor and who interested her young pupil in the needs of working people. Arthur took some classes, too, at De Paul University. "In 1926, the eighteen-year-old Goldberg, deeply affected by Clar- ence Darrow's defense of Loeb and Leopold, entered Northwestern Law School. John Henry Wigmore, Northwestern's dean, picked him out to help on the preparation of the Third Edition of Wigmore's Cases on the Law of Evidence. Earning his keep all the way, Arthur finished at the top of his class and began clerking in one of the Chicago firms. "Two years later, the fledgling lawyer married Dorothy Kurgans. They shared brilliance of mind, warmth of heart, and commitment to justice and humanity. Dorothy, the adored mother of Barbara and Rob- ert, became a treasured artist and admired author, a distinguished civic leader, and the beloved friend of all those in the Goldbergs' ever-widen- ing circle of acquaintances and associates. For 57 years, until her death in 1988, she and Arthur drew much of their strength from each other. "Joining at first an established and distinguished Chicago law firm, the brilliant young Northwestern graduate soon realized his lack of en- thusiasm for representing bondholder committees and foreclosing mort- gages on little people's property. Undaunted by the darkest economic clouds the country has ever known, he and an associate set up their own office in 1933, and sought their clientele among employees and labor unions. MONDAY. OCTOBER 15. 1990 165

"This courageous step was the start of almost thirty years of labor representation. It would lead to Arthur Goldberg's national preemi- nence in the field, and to his becoming the only labor lawyer in history to attain membership on this Court. "Upon the outbreak of war in 1941, General William J. Donovan, set- ting up the Office of Strategic Services, asked the young labor lawyer from Chicago to establish an intelligence network that would draw on union leaders in Germany, throughout occupied Europe, and around the world. Goldberg assembled a staff made up at first of other labor law- yers, many of whom later became members of this Bar. "Most of the details of the OSS Labor Branch's activities are still sealed in official obscurity. Its chief, who carried the rank of Major and was based first in Washington, then in London, never talked much about his activities. We know that he was at Omaha Beach, in North Africa and Egypt and Israel, and very close to the heavy water plants in Norway. When asked, one of his lawyer associates, who was with the first allied troops to cross the Bridge at Remagen— in order to protect the Labor Branch's sources there— answers with characteristically re- strained pride, 'Yes, I guess we were able to make a significant con- tribution.' Those who shared this service with him recall a respect for Arthur Goldberg rarely accorded a man in his middle thirties. "At the end of the war, Goldberg and an OSS associate, Carl Devoe, returned to Chicago, where Arthur resumed the representation of workers and labor unions. On the occasion of the 40th anniversary of the firm they established, founder Goldberg would write:

" 'Our firm honored the precept that (the lawyer) is not meant to be

a servant of the client, . . . but to serve the client— a very differ- ent thing. The committment of lawyers is the attainment of justice, the ultimate goal of the rule of law .... If we are to realize (this) goal, the law must be a flexible living instrument, .... a balance wheel, not a brake.'

"Soon after his return to practice Goldberg became counsel to several unions that had broken away from the American Federation of Labor and formed the Congress of Industrial Organizations; he eventually became General Counsel to the CIO itself. It was a protean situation and his responsibilities were broad. They included a leadership role in cleansing some of these unions of both corruption and communism, which he insisted be done without compromising democracy's tenets. "It was a noteworthy Goldberg characteristic that he always en- larged his effectiveness by assembling around him extraordinarily com- 166 MONDAY. OCTOBER 15. 1990 petent and highly principled associates. Naming any of them would risk unfairness to others, except that they would all share the desire to rec- ognize the lifelong participation in his achievements of his executive assistant, Frances Simonson Guilbert. "As advocates in this Court and others, Arthur Goldberg and his col- leagues helped forge critical links in the law of collective bargaining. Yet he counted litigation a last and poor resort. Almost constantly at the center of controversy, he believed deeply in negotiation and agree- ment as superior processes of dispute resolution. One of the nation's most effective negotiators, he was respected equally by those on both sides of the bargaining table. He was known, one commentator re- ported after his death, as a 'nice guy and a tough customer at the same time.'

"Only in hindsight is it clear how far the contribution of labor lawyers in the 1940s and '50s went beyond their services to immediate clients. A century of judicial enjoining and penalizing of strikes, picketing, and boycotts had engrained in workers and their unions a bitterness toward the law. They also distrusted what they regarded as lawyers' fondness for technicality and casuistry. Despite these obstacles, Arthur Gold- berg and his colleagues at the labor bar, finding justice in the labor stat- utes of the 1930s, managed to build among workers and their unions a degree of confidence in the legal process. "The Counsel for the Steelworkers and the CIO was a principal archi- tect of the merger of American labor unions in 1955. He drafted the crucial 'no-raiding' agreement. When a critical impasse developed over a name for the new organization, symbolizing the divisions among the parties, Goldberg broke the deadlock with an equally symbolic resolution that committed future generations to the clumsy but egal- itarian 'American Federation of Labor and Congress of Industrial Organizations.' "Senator John F. Kennedy of Massachusetts had come to know Ar- thur Goldberg and to respect him for both his advocacy of labor's inter- est and his underlying independence of mind. In January of 1961, Gold- berg became President Kennedy's first Secretary of Labor. Although that term would prove to be short, its achievements led the official de- partment historian to report recently that 'no other Secretary of Labor has had as much influence on national labor policy as Goldberg.' "In his first 90 days. Secretary Goldberg initiated the Extended Un- employment Act of 1961; prepared a bill increasing the minimum wage and another establishing the Manpower Development and Training Program; drafted, with the Attorney General, an executive order set- MONDAY. OCTOBER 15. 1990 167 ting up the President's Committee on Equal Employment Opportunity; prepared additional orders organizing the President's Labor-Manage- ment Advisory Committee and a Committee on the Status of Women. His clients in those three months included the unemployed, the poor, minorities, and women. His brief was for justice and equality. "Secretary Goldberg undertook and accomplished successfully, dur- ing his 20 months in the Labor Department, the mediation of twelve national emergency labor disputes. Despite his previous professional representation of workers' interests, his commitment to justice and fairness, and his ability to bring those abstractions to the table, help to account for his extraordinary success at mediation. To those who criticized these efforts later as undue government intervention, he re- plied simply: 'President Kennedy believed in an activist government to protect the public interest. I shared this belief.' "Arthur Goldberg's zeal for justice had shown itself in every facet of his professional life. So it was appropriate that in August of 1962 President Kennedy nominated him to be an Associate Justice of this Court. His selection was endorsed in the Senate, and more generally, by acclamation. "Shortly before Justice Goldberg was appointed to the Supreme Court he described what he called the 'liberal spirit' as an 'attitude of idealism based upon the possible.' "Those few words capture Arthur Goldberg's tenure on the Court. Few Justices in history have contributed so much in so short a time. His idealism and his constantly fresh perspective combined with his superb legal skills and diligent scholarship to produce a stream of opinions that, from the very first, had an influence highly unusual for the newcomer to the Court. "Time after time, whether he was in the majority or concurring or in the dissent, he offered new ideas and new applications based soundly in values and traditions deeply rooted in our nation's history and comple- mented by a sound sense of strategy. He seemed to know both intu- itively and intellectually what would move the law along, not just from the previous case to the current one, but down a path that would build for the longer term.

"His writing ranged across the law, but it rang with greatest clarity and power when he was expounding on the Constitution. When he spoke on a constitutional issue before the Court, he repeatedly looked both to history and posterity, whether the issue was assuring the right of marital privacy or guaranteeing the right of a person accused of crime to be questioned in the presence of his lawyer, limiting the use 168 MONDAY. OCTOBER 15. 1990 of capital punishment or hastening the pace of desegregation, protect- ing the right of people to criticize public officials or articulating ap- propriate accommodations between church and state, vindicating the rights of civil rights protesters or seeing that the status of citizenship is not arbitrarily taken away. "It would be difficult to identify Justice Goldberg's most important opinion — there were many, even in that brief span of time. One he felt strongly about was his concurrence in Griswold v. Connecticut, 381 U. S. 479 (1965), in which he made a powerful scholarly argument that the Ninth Amendment shows the Framers' belief in fundamental per- sonal liberties which are not specifically mentioned in the Bill of Rights. He stressed that he was not arguing that the Ninth Amendment consti- tutes an independent source of rights,' but rather that it 'shows a belief of the Constitution's authors that fundamental rights exist that are not expressly enumerated in the first eight amendments and an intent that the list of rights included there not be deemed exhaus- tive.' He sensed that Griswold was to be a critical stepping stone in con- stitutional history, and his concurrence added weight to its impact in later cases.

"Justice Goldberg's opinion for the Court in Escobedo v. Illinois, 378

U. S. 478 (1964), was an important step in the march to Miranda v.

Arizona, 384 U. S. 436 (1966). Building on Gideon v. WainwrigJii, 372

U. S. 335 (1963), which held that every person accused of a crime is en- titled to a lawyer at trial, he wrote for the majority that 'when the proc- ess shifts from investigatory to accusatory— when its focus is on the ac- cused and its purpose is to elicit a confession,' the adversary system is in play, and the assistance of counsel becomes a constitutional imperative. "Justice Goldberg's remarkable blend of idealism and practicality was reflected in his eloquent statement in Escobedo that 'no system of criminal justice can, or should, survive if it comes to depend for its con- tinued effectiveness on the citizens' abdication through unawareness of their constitutional rights.' His opinion was grounded upon the practical reality that the prosecutorial process is not just a judicial matter, but begins when the defendant is in the hands of the police. The right to counsel at trial, he wrote, would be hollow indeed if the trial is 'no more than an appeal from the interrogation,' where advice of counsel is de- nied. He referred in particular to the duty of the police to advise a de- fendant of his right to remain silent, the key building block underlying the decision in Miranda two years later. MONDAY. OCTOBER 15. 1990 169

"Justice Goldberg's initiative on capital punishment began a process of great historical significance. After his first year on the Court, he de- cided to circularize his colleagues on the issue. He prepared a long memorandum to the entire Court expressing the view that the 'insti- tutionalized taking of life by the state' was 'barbaric and inhuman.' Then, aware that most of the other Justices would want to proceed only a step at a time if at all, he offered a more measured analysis broken down by type of crime and offender, to suggest categories of cases in which imposition of the death penalty might more readily be found unconstitutional. "He never published the memorandum, but, joined by Justices Doug- las and Brennan, he did publish a brief dissent to the denial of certiorari in Rudolph v. Alabama, 375 U. S. 889 (1963), a case involving a black man under sentence of death for the rape of a white woman. The effect was as he had hoped. The civil rights and civil liberties communities un- dertook a strategy to present the Court with a series of capital punish- ment cases, which culminated with the decision in Fimnan v. Georgia, 408 U. S. 239 (1972). "When Justice Goldberg joined the Court, nearly a decade had passed since Brown v. Board of Education, 347 U. S. 483 (1954), had been de- cided. He, along with many others, was concerned that 'all deliberate speed' had acquired much more emphasis on the 'deliberate' than on the

'speed.' During his first Term, a case arose, Watson v. Memphis, 373 U. S. 526 (1963), involving the pace of desegregation of parks and rec- reational facilities in Memphis, Tennessee. Instead of simply deciding that desegregating parks was not so exceptionally complex as to re- quire the eight-year period the city was seeking, Justice Goldberg led a unanimous Court in sending a broader message about the pace of deseg- regation. He wrote 'Brown never contemplated ... indefinite delay in elimination of racial barriers in schools, let alone other public facili- ties .... The rights here asserted are, like all such rights, present rights; they are not merely hopes to some future enjoyment of some for- malists constitutional process.' "Watson is only one among many important decisions in the post- Brown history, but, as with so many Goldberg opinions, it made an im- portant and eloquent statement that advanced the law significantly at a strategically crucial moment. "Justice Goldberg's original turn of mind often led him to concur, as he did in Grisivold, on the basis of a different theory from the one ad- vanced in the majority opinion. For example, in New York Times Co. v. Sullivan, 376 U. S. 254 (1964), joined by Justice Douglas, he said the 170 MONDAY. OCTOBER 15. 1990 majority's 'actual malice' standard was wrong. He believed the 'citizen and the press' should have 'an unconditional privilege to criticize official conduct,' even if the privilege is sometimes abused. 'The prized Ameri- can right 'to speak one's mind' . . . should not depend upon a probing by the jury of the motivation' of the speaker, lest public debate and advo- cacy be constrained. Subjecting the press to libel damages for criticiz- ing official conduct would mean that 'no critical citizen can safely utter anything but faint praise about the government or its officials.' "Justice Goldberg would, on the other hand, have allowed recovery for defamatory statements against a public official when directed against his private conduct and he would have done so on the basis of the traditional libel standard rather than by the more restrictive 'actual malice' approach. This was a distinction grounded both in Justice Gold- berg's bent for the practical and in his idealism. Maintaining his belief in the importance of individual privacy, he insisted equally on the broad- est scope for criticism of official conduct. As time has passed, his posi- tion in New York Times Co. v. Sullivan has, as a consequence, found adherents among both the press and advocates of privacy.

"School District of Abington v. Schempp, 374 U. S. 203 (1963), the public school Bible-reading case, led to another important concurrence. Joined by Justice Harlan, Justice Goldberg worried that a rigid concept of state neutrality would result in a 'brooding and pervasive devotion to the secular and a passive, or even active, hostility to the religious.' He agreed that devotional Bible-reading was unconstitutional, but said 'providing military chaplains' would not be.

"The opinion stressed that the constitutionally required aim is to find the 'required and permissible accommodations between state and church (to) frame the relation as one free of hostility or favor and pro- ductive of religious and political harmony, but without undue involve- ment of one in the concerns or practices of the other.' The Justice recog-

nized that 'the judgment in each case is a delicate one, . . . but the measure of constitutional adjudication is the ability and willingness to distinguish between real threat and mere shadow.' His emphasis on the need for accommodation in order to vindicate both the establishment clause and the free exercise clause is an idea that has found favor in recent First Amendment jurisprudence. "In the early 1960s the Supreme Court was struggling with the issue of how to handle trespass convictions for sit-in demonstrations pro- testing whites-only policies of lunch counters and restaurants. Jus- tice Goldberg wrote a concurrence in Bell v. Maryland, 378 U. S. 226 MONDAY, OCTOBER 15. 1990 171

(1964), a case in which the Court's disposition was to remand the matter for further consideration by the Maryland courts in light of that state's enactment of an equal-accommodations law. Marshalling impressive historical evidence, as he often did, Justice Goldberg argued that the 'American commitment to equality' as manifested in the post-Civil War constitutional amendments contemplated 'that the states would con- tinue, as they had for ages, to enforce the right of citizens to enter pub- lic places,' and that a state's '"omission to protect'" a person against racially discriminatory exclusion constituted a denial of the equal pro- tection of the laws. The question was in effect mooted by the passage of the Civil Rights Act of 1964. Had the sit-in issue remained on the front burner, however, Justice Goldberg's reasoning might well have served as the groundwork for a decision invalidating convictions like the one in Bell.

"Another enduring contribution came in Kennedy v. Mendoza-Marti- nez, 372 U. S. 144 (1963), which he wrote when he had been on the Court for less that five months. At issue was the validity of a statute that deprived Americans of their citizenship if they left the country or stayed away during a war or time of national emergency in order to avoid military service. The Court was divided, and Justice Goldberg was able to stitch together a majority on the theory that the statute was 'penal in character .... (and) constituted governmental punish- ment without due process of law and without the rights guaranteed all those accused of crimes . .. .'It was an early example of the fresh but sound approach that was characteristic of the Justice's work. "Justice Goldberg's attention and superb legal skills were also fo- cused intently on the innumerable non-constitutional issues that com- prise the bulk of the cases that fill the federal courts and that must ultimately be supervised by the Supreme Court. To these mundane but vital is- sues of common law, procedure, and statutory interpretation, the Jus- tice brought an intense professional interest, his years of practical ex- perience as a litigator and advocate, and his sense of balance between literal directives and their purposes.

"In Foman v. Davis, 371 U. S. 178 (1962), which involved an applica- tion of the Federal Rules of Civil Procedure but has been cited in and guided hundreds of unreported trial court decisions, a key issue was whether, when, and why a complaint could be amended. Writing for the Court, Justice Goldberg gave meaning to the fundamental principle that the rules should be applied to grant litigants decisions on the mer- its. By ruling that it was an abuse of discretion to refuse an amendment 172 MONDAY, OCTOBER 15. 1990 without an explicit or apparent reason, he placed the burden on the party who sought to win without reaching the merits. "In 1965 President Lyndon Johnson prevailed on Justice Goldberg to leave the Court for the position of United States Ambassador to the United Nations. He wT as sworn in as Ambassador by his good friend

Justice Hugo Black. The reluctance with wT hich he left the Court is per- haps suggested, poignantly, in his asking at the UN to be addressed and referred to as Justice Goldberg. "He continued as a diplomat his passionate pursuit of freedom and justice for all people. He found at the United Nations, from 1965 to 1968, a world very different from the Court. Here was conflict in Cy- prus, Kashmir, and the Middle East; diplomacy in the reelection of U Thant as Secretary General; intrigue in the complex internal and ex- ternal discussions relating to the war in Vietnam; international law7 in the decision of the International Court of Justice regarding South Afri- ca's stewardship of South West Africa. "The Justice made the transition with ease. The situation called for new knowledge, but no one could have come better prepared. Foreign policy had long been among his most intense interests, and interna- tional diplomacy was virtually second nature to him. He became deeply immersed personally in all of the issues at the United Nations of con- cern to the United States, more so perhaps than U. S. ambassadors be- fore and after him. He impressed the foreign service officers who worked closely with him by the degree to which he did his homework on every issue, by the energy that he put into resolving the issues before him, and by his negotiating skills. "As one aide at the United States Mission to the United Nations ob- served, the new7 ambassador 'raised negotiation to an art form.' Until he came to the UN, it had operated primarily in public— in the Security Council or the General Assembly— where, once positions were taken, there was little room for maneuvering. Justice Goldberg believed strongly in negotiating positions and working out agreements as a means of resolving disputes rather than taking hard and fast public positions. A group of UN security guards commented once to a mem- ber of Goldberg's staff on the changes he had brought to the modus operandi of the United Nations, noting that many of the delegates had begun to engage in negotiation prior to meeting in the Security Council. "These were not easy years in the community of nations, nor for the foreign policy of the United States. Justice Goldberg experienced great frustration, especially with regard to the moving target of peace in MONDAY. OCTOBER 15. 1990 173

Southeast Asia. To his deep regret, it was impossible to control, and ultimately to affect, the course of events from an office at the United States Mission to the United Nations. The distance from Washington was something no Cabinet title could overcome. He expressed nostalgia for the Court and, especially, its tidy decision-making. He remarked on more than one occasion that no one at the United Nations could say 'it is so ordered.' "But there was triumph, too, especially in regard to the Middle East. The U. S. Mission in New York did indeed function as a second State

Department during the 'Six-Day War' in June of 1967. And in the fall of 1967, there came the crowning achievement of Resolution 242, follow- ing months of subtle and painstaking negotiations with all sides in the Middle East dispute. This Resolution established a framework for a lasting peace, an objective that ranked among the highest of Justice Goldberg's public goals. He succeeded here because, as a represent- ative of the United States, he was so believable. With knowledge of the legal implications, credible access to high levels of U. S. political power, and unusual insight into the reasoning and motivation of his counter- parts, he was able to move the entire institution of the United Nations to an extent most observers had thought impossible. Resolution 242 still remains, twenty-three years later, the framework for pursuing peace in the Middle East. "The Nuclear Non-Proliferation Treaty offers another example of his skill as a negotiator. In the early stages of the development of that treaty, after the Eighteen Nation Disarmament Committee had pre- pared the initial draft, the deputy foreign minister of the Soviet Union came to New York to meet with Goldberg to ask if he would take over the negotiations, inasmuch as the Soviet Union and its ambassador to the UN had lost credibility with most of the 'near-nuclear' and non-nu- clear nations. With Justice Goldberg as chair, the ambassadors of the eighteen nations met for two days of intensive negotiations. Then he took the three principal holdouts aside and was able to negotiate com- promise language that would get them to agree to the treaty. That treaty is the product of his patience, his concern for the safety of the world, his consummate skill as a negotiator, and his persistence. "He negotiated patiently with Greek, Turkish, and Cypriot leaders to forestall a war between Greece and Turkey over Cyprus. One all-night session led to some imaginative approaches to defusing this very dan- gerous situation at a time when both the White House and the State Department were distracted by Vietnam and unable to recognize the seriousness of what was about to happen in Cyprus. 174 MONDAY. OCTOBER 15. 1990

"Justice Goldberg took the unprecedented step of formally protesting to the UN Commission on Human Rights against the suppression of free speech in the Soviet Union through the secret trials and imprison- ment of dissident writers. This reflected, as he stated it, his own deep commitment to 'the belief that freedom of information and of ex- pression are essential to the preservation and advancement of human rights.' The idea of addressing the Commission originated with him and not his aides or the State Department. Stating that 'a trial for the crime of writing a literary work ... is an outrageous attempt to give the form of legality to the suppression of a basic human right,' he noted that the secret trials were in violation of Article 11 of the Universal Declaration of Human Rights. He then pointed out that, ironically, the acts for which the accused were tried were protected not only by the Declara- tion of Human Rights but also by the Soviet Constitution itself. "Justice Goldberg took a strong stand with the State Department and the White House on many issues where he felt that the spirit, if not the letter, of agreements was being violated. Through the force of his personality, his understanding of the legal issues involved, and the cor- rectness of his position, he was able to get the State Department to change its policy. "Although Justice Goldberg was widely known to be unhappy with American policy in Vietnam, he declined, at the time of his resignation, to list any disagreement with Administration policy. His refusal to dwell on wT hat were profound differences, particularly over the bombing of North Vietnam, was characteristic of his view that such differences should be treated as 'within the family.' He resigned when it became apparent that his voice wT as no longer persuasive in the inner policy- making circles. At the time of his resignation, leading commentators noted his recognition by UN ambassadors as one of the most effective of those wT ho have served as the American representative to the United Nations. He had done much to help maintain peace in many unpubli- cized wr ays and to ensure that the United States remained as much as possible on the high road. His sense of justice and of ethics would permit no less. "Upon leaving the United Nations, Justice Goldberg initially re- entered private law practice, but his innate activism continued to draw him in many directions, always working for justice. In mid-1968 he agreed to handle the appeal of the Reverend William Sloane Coffin, Jr., from his conviction for civil disobedience in opposition to the wr ar in Vietnam. The following year, he co-chaired, with former Attorney Gen- MONDAY. OCTOBER 15. 1990 175

eral Ramsey Clark, a commission of inquiry into the deaths of Black Panther leaders in Chicago in a pre-dawn police department raid. "In 1970 the Democratic Party drafted Justice Goldberg to be its can- didate for Governor of New York. Following an unsuccessful campaign, he moved back to Washington, to practice law and to serve, as a highly active 'elder statesman,' those causes that seemed to him interesting and worthwhile. He was President Jimmy Carter's Ambassador to the Belgrade Conference on Human Rights. He argued the Curt Flood case in the Supreme Court, trying to subject professional baseball to the antitrust laws; represented federal judges in litigation seeking a pay raise; served as Special Counsel to the Rhode Island Judicial Commis- sion in a sensitive judicial ethics case; and spent considerable time mak- ing a scholarly case that Klaus Barbie could still be brought to account for crimes against humanity. "Justice Goldberg found time to chair the American Jewish Commit- tee and to be active in many Jewish causes. He helped Cardinal O'Con- nor convince the Army to create standards of 'human rights' for en- listed men. He chaired a committee to right the wrongs done to Japanese citizens of the United States during World War II. He medi- ated international disputes. And nearly every year he went to some col- lege or law school to be a resident scholar and teacher, to introduce young people to his beloved Constitution. "The breadth and quality of this remarkable man's contributions to his country were acknowledged in President Carter's conferring on him in 1978 the Presidential Medal of Freedom. Yet saying today, as mem- bers of this Bar, our final farewell, it cannot be inappropriate to recog- nize that Arthur Goldberg prized above all else his opportunity to serve as a member of this Court. "He loved the Court. Sitting on this bench was the fulfillment of his life's ambition. But he loved his country even more. His President told him in 1965 that America needed his unique negotiating skills to further the cause of peace. A son of immigrants and a deeply patriotic man, he responded to that call. It was just that simple.

"Wherefore, it is accordingly

"Resolved, That we, the Bar of the Supreme Court of the United States, express our profound sorrow that Associate Justice Goldberg is no longer with us; we express our admiration for his dedication in carry- ing the principles and standards of the legal profession into so many areas of public service, and our respect for his contributions to the letter of the law and to the effectuation of its purpose; we say once more 176 MONDAY. OCTOBER 15. 1990 our affection for a man who felt deeply, spoke out strongly, and was devoted to what his wide-ranging experience disclosed to him as justice; and it is further "Resolved, That the Solicitor General be asked to present these Reso- lutions to the Court and that the Attorney General be asked to move that they be inscribed upon the Court's permanent records.

"Submitted by the Committee on Resolutions: Norton J. Come, Esq., Jerome A. Cooper, Esq., Archibald Cox, Esq., Alan M. Dershowitz, Esq., Dean Peter B. Edelman, Marian Wright Edelman, Esq., Dean David B. Filvaroff, Stephen R. Goldstein, Esq., Thomas E. Harris, Esq., Hon. William J. Kilberg, Ms. Betsy Levin, Lee B. McTurnan, Esq., Thomas W. Merrill, Esq., Newton Minow, Esq., Michael Rodak,

r Jr., Lois Williams, Esq., W. Willard W irtz, Chairman."

The Chief Justice said: "Thank you, Mr. Solicitor General. The Court now recognizes the Attorney General of the United States."

Mr. Attorney General Thornburgh addressed the Court as follows:

"Mr. Chief Justice, and may it please the Court: "The Bar of this Court met today to honor the memory of Arthur Joseph Goldberg, Associate Justice of the Supreme Court from 1962 to 1965. "Arthur Goldberg served the Nation with distinction as a lawyer, sol- dier. Cabinet officer, Supreme Court Justice, and diplomat. Born in Chicago in 1908, he was educated in the Chicago public schools and at Northwestern University, where he was first in his law school class and Editor-in-Chief of the Law Review. "By special dispensation, Arthur Goldberg sat for the Illinois bar examination before he reached the age of 21. He was admitted to the Illinois bar in 1929 and began a general law practice in Chicago. He opened his own law office in 1933, and soon began handling labor mat- ters for clients such as the United Steelworkers and the Chicago News- paper Guild. "During World War II, Arthur Goldberg served under William J. Donovan as Chief of the Labor Division in the Office of Strategic Serv- ices. He carried out several intelligence missions to Europe, where he organized transportation workers into a valuable Allied intelligence network. " Af ter the war, he resumed his law practice and soon gained recog- nition as a preeminent labor lawyer. He served as general counsel to the United Steelworkers from 1948 to 1961. As general counsel to the MONDAY. OCTOBER 15. 199< 177

Congress of Industrial Organizations (CIO), Arthur Goldberg played a major role in the merger of that organization and the American Federa- tion of Labor in 1955. He remained as special counsel to the merged AFL-CIO until 1961. During this period, he was active in efforts to rid the unions of corruption. He made six oral arguments before this Court in the 1950s, and was on the brief in many other cases. He argued as amicus curiae in the Steel Seizure case, Youngstoivn Sheet & Tube Co.

1 v. Sawyer, 343 U. S. 579 (1952). "Arthur Goldberg was appointed Secretary of Labor by President Kennedy in 1961. Secretary Goldberg employed his superb negotiating skills to resolve labor conflicts that he regarded as jeopardizing national interests. Within 24 hours after his swearing in by Chief Justice War- ren, he was on his way to New York to mediate a harbor strike. This pattern of personal mediation was repeated several times during his months as Labor Secretary. "Arthur Goldberg was nominated by President Kennedy to succeed

Justice Felix Frankfurter and sworn in on October 1, 1962. The seat he occupied is a distinguished one, having been held by Benjamin Cardozo, Oliver Wendell Holmes, and Joseph Story in addition to Justice Frank- furter. It is now held by Justice Blackmun. Soon after his appointment, the new Justice commented on the transition from life as a Secretary of Labor to life as a Supreme Court Justice:

" 'The Secretary's phone never stops ringing; the Justice's phone

never rings— even his best friends won't call him.

"'The Secretary . .. worries about what the President and .. . Congress will do to his carefully formulated legislative proposals; the President, the Congress, and the Secretary wonder what the Justice will do to theirs. " 'The Secretary's ... vacations are . .. interrupted by unantici-

pated strikes; the Justice's . . . long recess by an apparently end- less flow of petitions for certiorari, difficult stay applications, and

the certitude that if he vacations too obviously he will be 'time

He also argued in United Steel workers of America v. United States, 361 U. S. 39 (1959); Hotel Employees v. Sa.r Enterprises, Inc., 358 U. S. 270 (1959); Textile

Workers v. Lincoln Mills, 353 U. S. 448 (1957); NLRB v. Coca-Cola Bottling Co., 35o U. S. 264 (1956); Amalgamated Assn. of Street, Electric Railway & Motor Coach v. Wisconsin Employment Relations Board, 340 U. S. 383 (1951). He won all but the United Steehvorkers case. 178 MONDAY. OCTOBER 15. 1990

charted' by Professor Hart and the editors of the Harvard Law Review.' 2

"In his three Terms on the Court. Justice Goldberg delivered 94 opin- ions, including 37 opinions for the Court, 23 concurrences, and 34 dis- sents. His first opinion for the Court, in United States v. Loew's, Inc., 371 U. S. 38 (1962), a complex antitrust case, revealed his high abilities as a judicial craftman. 3 "One of Justice Goldberg's most significant opinions came later in his first Term. The Court held unconstitutional, as imposing punishment without a criminal trial, a statute providing that persons who evaded military service by remaining outside the jurisdiction of the United States in time of war would automatically be deprived of citizenship.

Kennedy v. Mendoza-Martinez, 372 U. S. 144 (1963). In Gibson v. Florida Legislative Investigation Committee, 372 U. S. 539 (1963), Jus- tice Goldberg's opinion for the Court held that the committee could not require the production of membership records of the NAACP absent some showing of a connection between the NAACP and the Commu- nists activities it was investigating. His opinion for the Court the fol- lowing year in Aptheker v. Secretary of State, 378 U. S. 500 (1964), held that a statute prohibiting any member of a Communist organization from applying for a passport was an unconstitutional infringement of the right to travel. "Justice Goldberg wrote noteworthy concurring opinions in a number of other constitutional cases. In Griswold v. Connecticut, 381 U. S. 479 (1965), he expressed the view that the Ninth Amendment expanded the concept of 'liberty' in the Due Process Clauses beyond those rights spe- cifically enumerated in the Constitution and the Bill of Rights. In New York v. Sullivan, 376 U. S. 254 (1964), Justice Goldberg called for an unconditional privilege to criticize the conduct of public officials. And in Heart of Atlanta Motel v. United States, 379 U. S. 241 (1964), his opin- ion concluded that the public accommodations provision of Civil Rights

- Reprinted in D. Moynihan, ed.. The Defenses of Freedom: The Public Papers of Arthur J. Goldberg 128-129 (1964). : This was the first of several antitrust opinions by Justice Goldberg. See FTC v.

Sim Oil Co.. 371 U. S. 505 (1963); Silver v. New York Stock Exchange, 373 U. S.

341 (1963); United States v. Philadelphia NaVl Bank, 374 U. S. 321 (1963). Justice Goldberg also authored an opinion stating his view that the antitrust laws should not apply to collective bargaining over wages, hours, and working conditions. See 381 U. S. 697 (opinion of Goldberg, J., in United Mine Workers v. Pennington, 381 U. S. 657 (1965) and Amalgamated Meat Cutters v. Jewel Tea Co., 381 U. S. 676 (1965). MONDAY. OCTOBER 15. 1990 179

Act of 1964 was a valid exercise not only of Congress's power under the Commerce Clause, as the Court held, but under Section 5 of the Four- teenth Amendment as well. "Many of Justice Goldberg's opinions addressed matters of criminal procedure. Draper v. Washington, 372 U. S. 487 (1963), held that indi- gents appealing criminal convictions are entitled to a transcript or other account of the trial sufficient to permit review of their contentions on appeal. Justice Goldberg also wrote a trio of decisions concerning the sufficiency, under the Fourth Amendment, of affidavits used to obtain search warrants. 4 Justice Goldberg's dissenting opinion in United States v. Barnett, 376 U. S. 681 (1964), concluded that state officials accused of disobeying orders of a federal court of appeals were entitled to a jury trial. And in a memorandum circulated to the Conference in 1963, Justice Goldberg anticipated and addressed many of the death penalty issues the Court would consider in the ensuing years. 5 "Justice Goldberg's best-known opinion for the Court was in

Escobedo v. Illinois, 378 U. S. 478 (1964). The Court held that the admission of an incriminating statement made by Escobedo during the course of police questioning violated his Sixth Amendment right to counsel. Al- though the Sixth Amendment analysis of the Escobedo opinion was later abandoned by the Court," Justice Goldberg's reasoning fore- shadowed the Court's decision two years later in Miranda v. Arizona, 384 U. S. 436 (1966). "Justice Goldberg also wrote several opinions in labor cases that drew on his great knowledge and expertise in this field. 7 In both NLRB v. Metropolitan Insurance Co., 380 U. S. 438 (1965) (concerning bar- gaining unit determinations), and American Skip Building Co. v. NLRB, 380 U. S. 300, 327 (1965) (Goldberg, J., concurring in the re-

Wguilar v. Texas, 378 U. S. 108 (1964); United States v. Ventresca, 380 U. S. 102 (1965); Jaben v. United States. 381 U. S. 214 (1965) (Goldberg, J., dissenting in part). The memorandum was published in 27 S. Tex. L. Rev. 493 (1986). In Rudolph v. Alabama. 375 U. S. 889 (1963), Justice Goldberg dissented from the denial of cer- tiorari in a case presenting the question whether the death penalty for rape is cruel and unusual punishment forbidden by the Eighth Amendment. The Court addressed this question 14 years later in Coker v. Georgia, 433 U. S. 584 (1977).

' See Johnson v. New Jersey. 384 U. S. 719, 729 (1966); see also Kirby v. Illinois, 406 U. S. 682. 689 (1972) (plurality opinion).

: See Humphrey v. Moore, 375 U. S. 335, 351 (1964) (Goldberg, J., concurring); Brotherhood of Locomotive Engineers v. Louisville & Nashville R.R. Co., 373 U. S. 33. 42 (1963) (Goldberg, J., dissenting). 180 MONDAY. OCTOBER 15. 1990 suit) (concerning lockouts), he expressed a willingness to defer to deci- sions of the National Labor Relations Board, but only so long as the Board set forth reasons for its decision and the decision was supported by substantial evidence in the record. "In 1965, President Johnson prevailed upon Justice Goldberg to re- sign from the Supreme Court to succeed Adlai Stevenson as United States representative to the United Nations. In accepting the Presi- dent's nomination, Justice Goldberg said that he could not 'conceal the pain with which I leave the Court .... It has been the richest and most satisfying period of my career.' 8 And in a letter to his fellow Justices, he said that 'only the most compelling call to duty could bring me to leave this Court .... But that call did come, and I could not refuse.' 382 U. S. ix. In his new post, Ambassador Goldberg confronted many difficult issues relating to the conflict in Vietnam. He also played a role in the adoption of Security Council Resolution 242 after the 1967 war in the Middle East. "Following his resignation from the U. N. post in 1968, Arthur Gold- berg continued to contribute to public life as ambassador-at-large to the United Nations, chairman of the U. S. delegation to a major conference on the Helsinki human rights agreements, professor at several univer- sities, and distinguished practicing lawyer. His final appearance before this Court was in Flood v. Kuhn, 407 U. S. 258 (1972), an antitrust challenge to professional baseball's reserve system. In 1978, he re- ceived the Medal of Freedom, the Nation's highest civilian award. "Appearing before the Senate Judiciary Committee prior to his con- firmation as a member of this Court, Arthur Goldberg said:

" 'I would regard the first function of a judge, whether he sits in a trial court or an appellate court or in our highest tribunal, to make sure as much as any human being can that he puts aside his own prejudices, predilections, viewpoints, prejudices— which we all possess— and knowing that he possesses them, try to adminis- ter justice equally under the law.'9

"Throughout his public life, Arthur Goldberg remained committed to the rule of law. He recognized that 'the lawT gives form and substance to

" Reprinted in D. Moynihan, ed.. The Defense of Freedom: The Public Papers of Arthur J. Goldberg xv '(1964). Hearings before the Senate Comm'n on the Judiciary on Nomination of Arthur J. Goldberg, of Illinois, to be Associate Justice of the Supreme Court of the United States, 87th Cong., 1st Sess. 29 (1962). MONDAY. OCTOBER 15. 1990 181 the spirit of liberty.' 1 " Justice Goldberg's tribute to Chief Justice Warren is a fitting tribute to Arthur Goldberg himself: 'He did his part in the sacred stir towards equal justice.' 11 "Mr. Chief Justice, on behalf of the lawyers of this Nation and, in par- ticular, of the Bar of this Court, I respectfully request that the resolu- tions presented to you in honor and celebration of the memory of Jus- tice Arthur Goldberg be accepted by the Court, and that they, together with the chronicle of these proceedings, be ordered kept for all time in the records of this Court."

The Chief Justice said: "Mr. Attorney General and Mr. Solicitor General, the Court thanks you on behalf of the Bar for your presentations today in memory of our late colleague and friend. Justice Goldberg. r "We ask that you convey to Chairman W irtz and the members of the Committee on Resolutions our profound appreciation for these very ap- propriate resolutions. Your motion that these resolutions be made a part of the permanent record of the Court is hereby granted. "As the Attorney General's description indicates, the career of Ar- thur J. Goldberg demonstrated a remarkable combination of intellectual ability and dedication to public service. I was privileged to witness a significant moment in that career in 1952, when I was serving in this Court as a law clerk to Justice Robert Jackson. The Court was hearing argument in the now famous 'Steel Seizure' case. Arthur Goldberg ar- gued in that case as amicus curiae for the Steelworkers' Union. By common consent among a most hypercritical audience — the assembled T law clerks of the Supreme Court — he did an excellent job. W e were ap- parently accurate in our assessment of his capabilities; seven years later, when he argued again before the Court in a case which he actually subsequently lost, the Justices informed him that they had not heard any case argued more brilliantly that Term. "Arthur Goldberg served on the Supreme Court for only three Terms before leaving to become United States Representative to the United Nations. In those three short years, as the Attorney General has told us, he authored several significant opinions for the Court. Perhaps even more important, however, is the outlook on constitutional law which he brought to the Court. His succession to the seat of Felix Frankfurter gave the 'Warren Court' a solid majority for an expansive reading

' The Defenses of Freedom xv.

' Goldberg. A Tribute to Chief Justice Earl Warren. 69 X. W. U. L. Rev. 331, 334 (1974). 182 MONDAY. OCTOBER 15. 1990 of the Equal Protection and Due Process clauses. Justice Goldberg thereby gave his impetus to a judicial philosophy which was destined to endure beyond his rather brief tenure here.

"The first time I had the opportunity to meet Arthur Goldberg was in 1971, on the occasion of the funeral of Justice John Harlan. It was my good fortune to sit next to him on a special plane which flew mem- bers and former members of the Supreme Court to New York for the funeral. During that delightful visit he talked freely of the various public posts he had held. It was my distinct impression at that time that, although he had enjoyed all of these jobs, he liked that of Associ- ate Justice most of all. After his return to private practice, he continued to take a lively interest in the work of the Supreme Court and the judi- cial process as a whole. It is fitting that he should be remembered today, in the Courtroom which was graced with his presence and among the colleagues whose lives have been enhanced through their associa- tion with him.

"Even in a country wT hich is blessed with as many fine public servants as our own, Arthur Goldberg stands out for the remarkable combina- tion of intellect, versatility, and dedication which he displayed. Many of us would be content to have functioned in one or maybe twT o of the many positions which he occupied. Arthur Goldberg brought his tre- mendous energy to all of them. Our country is fortunate to have been enriched by the public service of this exceptional individual."

Adjourned until Monday, October 29, 1990 at 10 o'clock. x (JOURNAL) WEDNESDAY. OCTOBER 17. 1990 1 83 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 90-5958. Wilbert Lee Evans, Petitioner v. Raymond Muncy, Warden, et al. The application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court is de- nied. The petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit is denied. Dissenting opinion by Justice Marshall.

(JOURNAL) THURSDAY. OCTOBER 25. 1990 1 85 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-309. Barbara J. Norman, et al., Applicants v. Dorothy Reed,

et al. The application for stay presented to Justice Stevens and by him referred to the Court is granted to the extent that the August 29, 1990, decision of the Cook County Officers Electoral Board, No. 90COEB-2, is to remain in effect pending the timely filing and disposition of a peti- tion for a writ of certiorari.

(JOURNAL) FRIDAY. OCTOBER 26. 1990 1 87 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-280. Curtis Lee Kyles, Applicant v. John Whitley, Warden. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is denied. Opinion by Justice Stevens concurring in the denial of the application for stay. Dis- senting statement by Justice Marshall. Justice Blackmun would grant the application for stay.

(JOURNAL) MONDAY. OCTOBER 29. 1990 1 89 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 89-7279. Robert Lee Shell, Petitioner v. Mississippi. On petition for writ of certiorari to the Supreme Court of Mississippi. The motion of petitioner for leave to proceed in forma pauperis is granted. The peti- tion for writ of certiorari is granted. The judgment is reversed and the case is remanded to the Supreme Court of Mississippi for further con- sideration in light of demons v. Mississippi, 494 U. S. (1990). Concurring opinion by Justice Marshall.

Certiorari— Summary Disposition

No. 89-2007. Connecticut, Petitioner v. Daisy Hamilton. On petition for writ of certiorari to the Supreme Court of Connecticut. The motion of respondent for leave to proceed in forma pauperis without an affida- vit executed by respondent is granted. The petition for writ of certio- rari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Connecticut for further consideration in light of Horton v. California, 496 U. S. (1990).

No. 90-237. Orscheln Brothers Truck Lines, Inc., et al., Petitioners v. Zenith Electronics Corporation, fka Zenith Radio Corporation, et al. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Maislin Industries, U. S., Inc. v. Primary Steel, Inc., 497 U. S. (1990).

Orders in Pending Cases

No. — . Concepcion C. Boado, Petitioner v. Office of Personnel Man- agement. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. 190 MONDAY. OCTOBER 29. 1990

No. . Ricardo Villegas, Petitioner v. United States. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted.

No. A-300. Planned Parenthood Federation of America, et al.. Appli- cants v. Agency for International Development, et al. The application for an injunction presented to Justice Marshall and by him referred to the Court is denied. Justice Stevens would grant the application.

No. 105, Original. State of Kansas, Plaintiff u. State of Colorado.

The motion of the Special Master for interim fees and expenses is granted and the Special Master is awarded $75,973.75 for the period

November 1, 1989, through September 16, 1990, to be paid by the par- ties as follows: 40 percent by Kansas, 40 percent by Colorado and 20 percent by the United States. Opinion by Justice Blackmun respecting fees and expenses.

No. 108, Original. State of Nebraska, Plaintiff v. States of Wyoming and Colorado. The Fourth Interim motion of the Special Master for compensation and reimbursement of expenses is granted and the Spe- cial Master is awarded $72,970.75 for the period October 1, 1989, through September 30, 1990, to be paid by the parties as follows: 40 percent by Nebraska, 40 percent by Wyoming and 20 percent by the United States.

No. 89-1027. Norfolk and Western Railway Company, et al., Peti- tioners v. American Train Dispatchers Association, et al.; and

No. 89-1028. CSX Transportation, Inc., Petitioner v. Brotherhood of Railway Carmen, et al. The motion of the Acting Solicitor General for divided argument is granted.

No. 89-1149. Coy R. Grogan, et al., Petitioners v. Frank J. Garner, Jr. The motion of the Solicitor General for leave to permit Robert A. Long, Jr., Esquire, to present oral argument pro hac vice is denied.

No. 89-1322. Oklahoma Tax Commission, Petitioner v. Citizen Band Potawatomi Indian Tribe of Oklahoma. The motion of petitioner to dis- pense with printing the joint appendix is granted.

No. 90-79. Richard B. Kay, Petitioner v. Bremer Ehrler and Ken- tucky Board of Elections. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 89-1632. California, Petitioner v. Hodari D. The motion for ap- pointment of counsel is granted and it is ordered that James L. Lozen- ski, Esquire, of Berkeley, California, is appointed to serve as counsel for the respondent in this case. MONDAY. OCTOBER 29. 1990 191

No. 89-1862. Daniel J. McCarthy, Director, California Department of Corrections, Petitioner v. Roulette Blair. The motion for appoint- ment of counsel is granted and it is ordered that Paul E. Potter, Es- quire, of Pasadena, California, is appointed to serve as counsel for the respondent in this case.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. The motion for appointment of counsel is granted and it is ordered that Joann Bour-

Stokes, Esq., of Columbus, Ohio, is appointed to serve as counsel for the respondent in this case.

No. 89-1696. Peabody Coal Company, et al., Petitioners v. Hubert

C. Taylor, et al. The motion of respondents to substitute Charles Mar- tin, Personal Representative of the Estate of Hubert Taylor, deceased, in place of Hubert Taylor is granted. The motion of respondent Martin for leave to proceed in forma pauperis is granted. The motion to con- solidate this case with Nos. 89-1714, 90-113 and 90-114 is denied.

No. 89-7272. Ronald Allen Harmelin, Petitioner v. Michigan. The motion of petitioner to strike non-record material is granted. The re- spondent is directed to reprint the brief.

No. 89-7370. Moshe Gozlon-Peretz, Petitioner v. United States. The motion of the Solicitor General for leave to permit Amy L. Wax, Esq., to present oral argument pro hac vice is granted.

No. 89-7691. Dale Robert Yates, Petitioner v. Parker Evatt, Com- missioner, South Carolina Department of Corrections, et al. The motion for appointment of counsel is granted and it is ordered that David I.

Bruck, Esquire, of Columbia, South Carolina, is appointed to serve as counsel for the petitioner in this case.

No. 90-240. James L. Polk, et ux., Petitioners v. Dixie Insurance Company. The motion of petitioners to consolidate with No. 89-7743,

Edmonson v. Leesville Concrete Co., is denied.

No. 90-380. Consolidated Rail Corporation, Petitioner v. Delaware & Hudson Railway Company. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-383. Sam Whitfield, Jr., et al, Petitioners v. Bill Clinton,

Governor of Arkansas, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-404. Illinois State Labor Relations Board, et al., Petitioners v. Illinois Nurses Association, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. 192 MONDAY. OCTOBER 29. 1990

No. 90-555. Michael R. Wood, Petitioner v. Alameda County Supe- rior Court, et al. The application for stay of judgment addressed to Jus- tice Marshall and referred to the Court is denied.

No. 90-5193. Dawud Majid Mu'Min, Petitioner v.. Virginia. The mo- tion for appointment of counsel is granted and it is ordered that John H. Blume, Esquire, of Columbia, South Carolina, is appointed to serve as counsel for the petitioner in this case.

No. 90-5536. Henry H. Amsden, Petitioner v. Thomas F. Moran, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 19, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition- in compliance with Rule 33 of the Rules of this Court. Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Justice Souter took no part in the consideration or decision of this motion.

No. 90-5825. Paul Fazzini, Petitioner v. Glen Henman, et al. The application for a temporary restraining order addressed to Justice Blackmun and referred to the Court is denied.

Certiorari Granted

No. 89-1714. Harriet Pauley, Survivor of John C. Pauley, Petitioner v. BethEnergy Mines, Inc., et al.;

No. 90-113. Clinchfield Coal Company, Petitioner v. Director, Of- fice of Workers' Compensation Programs, United States Department of Labor, et al.; and

No. 90-114. Consolidation Coal Company, Petitioner v. Director, Of- fice of Workers' Compensation Programs, United States Department of Labor, et al. The motion of respondent John Taylor for leave to proceed in forma pauperis in No. 90-113 is granted. The petition for writ of cer- tiorari to the United States Court of Appeals for the Third Circuit in No. 89-1714 granted and petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit in Nos. 90-113 and 90-114 granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 90-5319. Paul McNeil, Petitioner v. Wisconsin. The motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Wisconsin granted.

No. 89-7662. Roger Keith Coleman, Petitioner v. Charles E. Thomp- son, Warden. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari to the United MONDAY. OCTOBER 29. 1990 193

States Court of Appeals for the Fourth Circuit granted limited to Ques- tions 2, 3 and 4 presented by the petition.

Certiorari Denied

No. 89-353. Jennie Sanchez, et al., Petitioners v. William Bond, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 89-989. City of Norfolk, Virginia, et al., Petitioners v. Herbert M. Collins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 89-1409. Steven C. Ostrander, Petitioner v. Linda K. Wood. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-1897. Billie R. Schlank, Petitioner v. Katherine A. Williams, Acting Administrator, Rehabilitation Services Administration, Depart- ment of Human Services of District of Columbia. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-1979. Board of Trustees of the University of Kentucky, et al.,

Petitioners v. Joseph Murray Hayse. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 89-2004. Thomas F. Krantz, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 89-7531. Norman Moorhead, Petitioner v. Texas. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 89-7597. Daniel J. Neville, Petitioner v. John Whitley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7605. Donnis Glen Humphrey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7606. Wallace Russell Whitehead, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7716. James Pifer, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate Dis- trict, denied.

No. 89-7722. Steven Summers, Petitioner v. Utah, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 194 MONDAY. OCTOBER 29, 1990

No. 89-7781. Christopher Williams, Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7882. Harold Kenneth James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-66. Santiago Sandoval, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-125. Hughes Anderson Bagley, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-140. Laborers Pension Trust Fund for Northern California,

Petitioner v. Marion J. Imel. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-152. Florida, Petitioner v. Nadine Nelson, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth Dis- trict, denied. No. 90-193. Tony Steven Stone and Patsy Ann Dunn Holliday, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-218. Isaac Fogel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-236. Steve Jordan, Petitioner v. Cameron Iron Works, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-247. Daniel H. Overmyer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-253. National Engineering & Contracting Company, Peti- tioner v. Occupational Safety and Health Review Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-255. New York Telephone Company, et al., Petitioners v. Jo- seph Cahill, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-286. Rochelle Konits, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. MONDAY. OCTOBER 29. 1990 195

No. 90-355. Southern Pacific Transportation Company, Petitioner v. Barbara A. Luck. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-356. Andrew G. Yartzoff, Petitioner v. William K. Reilly, Ad- ministrator, Environmental Protection Agency. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-358. Travel Services, Inc., Petitioner v. Government of the

Virgin Islands, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-363. Carlos Luna, Petitioner v. Superior Court of Massachu- setts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 90-364. Eleanor Armell, a Minor, Through Her Court Appointed Attorney and Guardian ad litem, Patrick T. Murphy, etc., Petitioner v. Prairie Band of Potawatomi Indians. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-369. Harley Vollrath, Petitioner v. Georgia Pacific Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-375. James Leslie Brown, Petitioner v. Curtis D. Earp, Jr., Commissioner, Georgia Department of Public Safety. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-377. Linda Morrison, et al.. Petitioners v. Pennsylvania Con- vention Center Authority, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 90-384. John Curlee, Superintendent, Aberdeen School District, et al., Petitioners v. Mary Ann Fyfe. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-391. Lee's Summit Reorganized School District, et al., Peti- tioners v. Jennifer T. Naylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-392. Francis M. Ganz, Petitioner!'. James B. Zagel, Director, Illinois Department of State Police. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-393. City of DeSoto, Texas, et al., Petitioners v. Douglas

Morgan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-402. Betty Jo Mayeske, et al., Petitioners v. International

Association of Fire Fighters, et al. Petition for writ of certiorari to the 196 MONDAY. OCTOBER 29. 1990

United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-407. Collateral Protection Insurance Services, et al., Peti- tioners v. Balboa Insurance Company, et al Petition for writ of cer- tiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-410. Bruce Cohn, et al., Petitioners v. David Katz, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-414. Mumtaz Bano Khan, Petitioner v. Jimmy R. Jenkins, John H. Carson, Marion D. Thorpe and Elizabeth City State Uni- versity. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-416. Rocco DiLeo, et ux., Petitioners v. Ernst & Young. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-419. John Doe, Petitioner v. Borough of Clifton Heights,

Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-421. Louella F. Benson, Petitioner v. Glenn A. Ally, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-423. Neil Rodin, Individually, and as Successor of Irving

Rodin, and Barbara Rodin, Petitioners v. Tessie Salzman, Personal Representative of the Estate of Nettie Golden, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-424. J. J. Blonien & Associates, Inc., et al., Petitioners v. Community Newspapers, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied.

No. 90-427. Robert C. Greene, Petitioner v. Town Board of Warrens- burg, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 90-428. Richard E. Chitwood, et ux.. Petitioners v. John C. Mc- Lemore, Trustee in Bankruptcy for Circle W. Dairy Farms, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-430. Paulette Shelton, Petitioner v. Greater Cleveland Re- gional Transit Authority. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. MONDAY. OCTOBER 29. 1990 197

No. 90-441. Pyburn Enterprises, Inc., Petitioner v. Allen W. Bird,

II, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-445. D. Patrick Winburn, Petitioner v. Bennington-Rutland Supervisory Union. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-448. Ford Motor Company, et al., Petitioners v. Christine Mahne. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-458. Frank J. Camoscio, Petitioner v. Patriot Ledger, et al. Petition for writ of certiorari to the Court of Appeals of Massachusetts denied.

No. 90-468. Donald D. Bertola, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 90-470. Susan Glasbrenner, Petitioner v. Robert M. Sapio, Jr. Petition for writ of certiorari to the Superior Court of New Jersey, Ap- pellate Division, denied.

No. 90-479. J. Casper Heimann, et al., Petitioners v. Amoco Produc- tion Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-483. Jerome C. McKnight, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-496. Martha MacNeal Zweig, Petitioner v. Michael F. Zweig. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 90-510. Gerald Victor Boucher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-567. Bobby Mitchell Wedlock, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-5073. Joseph A. Bettistea, Jr., Petitioner v. Michigan. Peti- tion for writ of certiorari to the Circuit Court of Michigan, Kent County, denied.

No. 90-5086. Reginald Ellis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. 198 MONDAY. OCTOBER 29. 1990

No. 90-5088. Jeffrey Balawajder, Petitioner v. Robert Winter. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5093. John Valdez Martinez, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5142. Titus Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5164. Jeremiah Humphrey, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-5173. Sabino Del Rosario, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5215. Timothy John O'Meara, Petitioners United States; and

No. 90-5468. David Anthony Kost, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5234. Gerald Smith, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 90-5249. Thomas Dunn, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5257. Elizabeth Baron, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5292. Susan Pozzy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5293. Roy C. Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5322. Willie Lewis Sherman, Petitioner v. Burke Contract- ing, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5327. Michael Lancaster, aka Michael McGee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY, OCTOBER 29, 1990 199

No. 90-5332. Raymond Mango, Petitioner v. Harry K. Russell, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-5399. Peter D. Johnson, Petitioner v. Michael V. Neal. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5421. Anthony Grandison, Petitioner v. Attorney General of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5442. Kenneth Lee Krause, Petitioner v. United States Dis- trict Court for the District of Nevada (Harol Whitely, Warden, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5452. James Ray, Petitioner v. United States Court of Ap- peals for the District of Columbia. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5457. Bernard Hill, Petitioner v. Robert Bowman, State Treasurer of Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 90-5472. In Re Morris May, Petitioner. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5499. Ben Gomez, Petitioner v. James Greer, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5505. Zachary Herman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5514. Henk Visser, Petitioner v. United States District Court for the Central District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5518. Dennis Oliver Fraley, Petitioner v. United States Dis- trict Court for the Northern District of West Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5520. Francis Osi Eluemunoh, Petitioner v. United States Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 200 MONDAY. OCTOBER 29. 1990

No. 90-5529. Eugene Szymanski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5556. John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5567. Roosevelt Allen, Jr., Petitioner v. Richard L. Stalder, T W arden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5574. Joyce Anne Dabish, Petitioner v. Chrysler Corpora- tion. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-5575. Thomas C. Kokoraleis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 90-5577. Michael Sindram, Petitioner v. Howard Wallin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5578. Michael Sindram, Petitioner v. J. James McKenna, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5580. Donna Carvalho, Petitioner v. Public Employees Fed- eration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5582. Vincent Harris, Petitioner v. C. M. Grace, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5583. Andrew King, Petitioner v. John Whitley, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5585. Taj Jarallah, Petitioner v. Pickett Hotel Company, dba

Picket Suite Hotel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5587. Robert Francis Hanley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5588. Maria Consuelo Espinosa, Petitioner v. Florida. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. MONDAY. OCTOBER 29. 1990 201

No. 90-5602. Larry Edmond Bell, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-5603. Lloyd London, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-5604. John Robert Demos, Jr., Petitioner v. Booth Gardner, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-5606. William Schlicher, Petitioner v. Steven J. Davies, Sec- retary, Kansas Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5608. Katie Whitney, Petitioner v. Federal Reserve Bank, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-5609. Edgar Smith, Petitioner v. United States District Court for the Southern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5614. Harry A. Coombs, Petitioners. N. L. Chemicals, Inc., et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 90-5617. Ramon Flores, Petitioner v. Minnesota. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5618. Aladdin Abdal-Rahim, Petitioner v. New York City De- partment of Health Bureau of Laboratories. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5623. William Walton, Petitioner v. Phyllis Fox. Petition for writ of certiorari to the Court of Appeals of Ohio, Wyandot County, denied.

No. 90-5632. Gary Lee McColpin, Petitioner v. Robert T. Stephan. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5636. Nicholas V. Fleming, Petitioners. O. L. McCotter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5637. Curtis Feimster, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections, et al. Petition for writ 202 MONDAY. OCTOBER 29, 1990 of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5639. Isiah Evans, III, Petitioner v. Six Unknown Federal Prison Guards. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5640. Kevin Cruickshank, Petitioner v. Greg Blevins. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-5648. James Roosevelt Smoot, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5650. James Sullivan, Petitioner v. Texas. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-5651. Robert Roderick, Petitioner v. Main-Land Develop- ment Consultants, Incorporated. Petition for writ of certiorari to the Superior Court of Maine, Oxford County, denied.

No. 90-5653. Laurette Rossman, aka Laurette Tedders, Petitioner v. Louis Rossman. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-5655. Mark McKenzie, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-5656. Aaron Holsey, Petitioner v. Kathleen S. Green, War- den, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-5657. Mark Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5658. Waylon Perry, Petitioner v. Dwight Duke, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5660. James Watts, Petitioner v. James R. Cullinane, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-5662. Victoria Phillips, as Guardian of George Phillips, Sr.,

Petitioner v. United States District Court for the Northern District of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5666. Curtis Nathaniel Fowlkes, Petitioner v. Edward W. Murray, Director, Virginia Department of Corrections. Petition for MONDAY. OCTOBER 29. 1990 203

writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5667. Jerl Ferguson, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 90-5668. James Deichler, Petitioner v. Terry Morris, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5671. Dana Baker, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate Dis- trict, denied.

No. 90-5674. Curtis Nathaniel Fowlkes, Petitioner v. Robert Frye,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-5675. Albert Thomas, Petitioner v. Georgia Department of

Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5678. Thomas Greene, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 90-5682. William L. Jackson, Petitioner v. William Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5683. Joseph C. Merritt, et al, Petitioners v. Edwin W. Ed-

wards, former Governor of Louisiana, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-5685. Dalmiro Eduardo Campuzano and John Jario Rios,

Petitoners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5686. Jaime Leon Gomez-Norena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5688. Guy Eugene Rich, Petitioner v. John Thalacker, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-5690. John Anthony Taylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 204 MONDAY, OCTOBER 29. 1990

No. 90-5694. Andy Nathaniel Payne, Petitioner v. Larry W. Huff- man, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5697. Salvatore Valenti, et ux., Petitioners v. Lancaster County Tax Claim Bureau, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 90-5699. Michael Sindram, Petitioner v. Montgomery County, Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5702. George A. Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5730. Paul Joseph Clifford, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5743. Alfred Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5745. John Robert Demos, Jr., Petitioner v. Washington. Peti- tion for writ of certiorari to the Supreme Court of Washington denied.

No. 90-5747. Kinson Celestin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 90-5750. Larnell Webb Lofton, Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5751. Jado Kammoma, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5752. Keith D. Long, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5757. Valentin Sifuentes-Balderas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5767. Rudy Torres, et ux., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. OCTOBER 29. 1990 205

No. 90-5768. Ortelio Bravo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-5770. Cephus Donald Dyer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5773. Carlos Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5777. Charles West, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5782. Barnett Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5786. Gary Wayne Hirsch, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-5793. Edward Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5797. Derrick Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5798. Frank Juan Chavez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5810. William Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-5818. James Charles Galloway, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5820. Alberto Candeao, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5821. Charles Dawn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 206 MONDAY, OCTOBER 29. 1990

No. 90-5828. Jimmy R. Pettigrew, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5829. John Poteat, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 89-1167. Robert L. Brutsche, Petitioner v. Linda Cleveland- Perdue, etc. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-385. Joseph Henneberry, Director, Patuxent Institution, Peti- tioner v. Richard Lee Sutton. The motion of respondent for leave to pro- ceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 90-425. Bill Armontrout, Warden, Petitioner v. James W. Cham- bers. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 89-1193. B & H Industries of Southwest Florida, Inc., Peti- tioner v. Richard A. Dieter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari. No. 89-1738. James A. Lewis, Trustee for Joseph M. Eaton Build- ers, Inc., Petitioner v. Thomas J. Diethorn, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari.

No. 89-1855. St. Joseph's Hospital and Medical Center, Petitioner v. Maricopa County. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. Justice White would grant certiorari. No. 89-1900. General Telephone Company of the Northwest, Inc.,

Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 90-225. Sekou Ealy, etc., et al., Petitioners v. Richardson- Merrell, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White would grant certiorari.

No. 89-1499. A. F. Plazzo, et al, Petitioners v. Nationwide Mutual

Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White and Justice Marshall would grant certiorari. MONDAY, OCTOBER 29. 1990 207

No. 89-1580. Timothy Scott Sherman, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice White and Justice Marshall would grant certiorari.

No. 90-5061. William C. Richardson, Petitioner v. Warden, Wade Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 89-1591. Thomas R. Schwarz, Petitioner v. Florida Supreme Court. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice White, Justice Marshall and Justice Blackmun would grant certiorari.

No. 89-1972. James B. Daniels, Petitioner v. Superior Court of New Jersey, Appellate Division. The motion of Center for Constitutional

Rights for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 89-7684. David Stoker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-5459. Arthur Tyler, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Marshall.

No. 90-5607. Peter Ventura, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting state- ment by Justice Marshall.

No. 90-5859. Raymond Robert Clark, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-228. Massachusetts, Petitioner v. Paul R. Couture. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. Justice Blackmun would grant certiorari. No. 90-307. Thomas A. Coughlin, Commissioner, New York State

Department of Correctional Services, et al., Petitioners v. Thomas

Benjamin, et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-366. David T. Flaherty, Petitioner v. Thomas S., by His Guardian ad litem, Joyce M. Brooks, et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of 208 MONDAY, OCTOBER 29. 1990 certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-344. Transwestern Pipeline Company, Petitioner v. Kansas Power and Light Company, et al.; and

No. 90-367. Federal Energy Regulatory Commission, Petitioner v.

Public Utilities Commission of California, et al. The motion of Inter- state Natural Gas Association of America for leave to file a brief as amicus curiae is granted. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-403. Josephine A. Andes, Petitioner v. Theodore R. Knox. The motion of petitioner to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-417. Alan S. Kramer, Petitioner v. Gaines W. Hammond, Jr. The motion of petitioner to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 90-443. Kern River Gas Transmission Company, Petitioner v.

Coastal Corporation, et al. The motion of Wide World of Maps, Inc. for leave to file a brief as amicus curiae is granted. The motion of Auto- mobile Club of America for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Habeas Corpus Denied

No. 90-5778. In Re Grant Anderson, Petitioner; and No. 90-5816. In Re James E. Kirschenhunter, Petitioner. The peti- tions for writs of habeas corpus are denied. Mandamus Denied

No. 90-5613. In Re Joe L. Blanton, Petitioner; No. 90-5622. In Re Layton Fay, Petitioner; No. 90-5625. In Re Henk Visser, Petitioner; and No. 90-5681. In Re James D. Maciel, Petitioner. The petitions for writs of mandamus are denied. No. 90-5519. In Re Robert W. Cook, Petitioner. The petition for writ of mandamus and/or prohibition is denied.

Prohibition Denied No. 90-365. In Re Shahsultan Jaffer, Petitioner. The petition for a writ of prohibition and mandamus is denied. MONDAY. OCTOBER 29. 1990 209 Rehearings Denied

No. 89-6324. Willliam N. Moore, Petitioner v. Walter Zant, Super- intendent, Georgia Diagnostic and Classification Center; No. 90-5108. In Re Juan Puga Cedillo, Petitioner; and

No. 90-5389. Carolyn Price Chadwick, Petitioner v. Acco-Babcock, Inc. The petitions for rehearing are denied. Justice Souter took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Edward Harold Adair Williamsburg, KY Ronald Blaine Stewart Jensen Egerton Barber Washington, DC M. Azhar Khan Harold Everett Barker Lakeland, FL Michael E. Raiden David L. Barnett New Orleans, LA Michael J. Maginnis

Michael J. Bishko DarienJ-/ til 1 V_- 1 1 } CTJ. Benedict Vincent Aspero Gary L. Blasi Los Ane*eles CA Carol Krauthamer Smith

Clifford Adam Boardman NewA. 1 VV YorkX \J±. IV, NYA. 1 A. Suzanne Marie Lvnn Michael P. Callahan Tucson, AZ David George Dingeldine Richard A. Canatella San Francisco, CA Murray B. Petersen Elizabeth Unger Carlyle Dallas, TX Archibald Cowan McColl Christopher John Caso Dallas, TX Roger Earl Beecham Joseph Thomas Clees Phoenix, AZ Lawrence Allen Katz Mark Steven Cohen Omaha, NE James Lee Stanton Barry M. Corey Tucson, AZ S. Thomas Chandler

Timothy J. Daniels San Antonio, TX John A. Daniels Edward J. David Philadelphia, PA F. Emmet Ciccone R. Scott Davies Minneapolis, MN Edward J. Devitt 210 MONDAY, OCTOBER 29. 1990

Applicant Movant

Paula J. DeGiacomo Boston, MA Barbara A. H. Smith Andre L. Dennis Philadelphia, PA Herbert G. Keene, Jr. Thomas A. Dixon Toledo, OH Robert John Gilmer, Jr. Barry W. Dod Portland, OR Charles R. ocnraaer

J. Michael Dryton Kansas City, MO Michael J. Gallagher Katherine B. Edwards Washington, DC Edmunds Travis, Jr. Bruce B. Elfvin Cleveland, OH Barbara Kaye Besser Anthony Wayne Fabio Pittsburgh, PA John Robert Halliburton Darwyn Prentiss Fair Detroit, MI Kenneth Robert Sasse Vincent W. Farrington Jr. New Orleans, LA John Menville Sartin, Jr. John Francis Fay Jr. New Orleans, LA Craig Robert Nelson Steve Frank Washington, DC William Gordon Kanter

Stephan J. Freeman St. Petersburg, Steven L. FL Brannock Nathan P. Friedlander Mobile, AL Irving Silver Robert John Gargasz Lorain, OH Michael Joseph Loughman Susan Sandner Gibson Alton, IL Justice Antonin Scalia Douglas L. Gibson Waycross, GA Arlen Francis Houston Joan Godlove Tulsa, OK Joe Stamper Matthew Raymond Gover Harrisburg, PA Thomas D. Caldwell, Jr. MONDAY, OCTOBER 29. 1990 211

Applicant City and State Movant

Richard D. Greer Birmingham, AL Jesse P. Evans, III Lissa Griffin White Plains, NY Bennett Lewis Gershman Charles E. Hannan Jr. Cleveland, OH Lawrence E. Stewart

Michael J. Harkey Oklahoma City, Gregory Todd OK Ralstin Hugh H. Harvey Jr. Jackson, TN Patrick Francis Martin Gregory F. Hauser New York, NY Alan Kanzer

J. Craig Jett Dallas, TX Richard Alan Anderson

Sharon Perkner Jorgensen St. Petersburg, Richard J. FL Ovelman

Janice Anne Kabodian Livonia, MI Paul J. Fischer Charles F. Kaiser Denver, CO Jonathan D. Asher Howard Nathan Kaplan Omaha, NE Paul D. Kratz Robert Franklin Keehn Los Angeles, CA Bruce A. Beckman Lisa Ellen Kissel Los Angeles, CA Laurence Wayne Mooney Nelson Joel Kline Washington, DC Myron Harry Nordquist Bernard E. Kueny III Philadelphia, PA Max Landon Spencer Lynn Bernard Lamberty Norman, OK Mandy Welch Stephen Forrest Lanier Rome, GA T. Peter O'Callaghan, Jr. Kenneth Grant Lee Washington, DC William Henry Burchette Alan Lee Madison, WI David Jonathan Becker Robert Frederick Washington, DC John Christopher Leibenluft Keeney, Jr. 212 MONDAY. OCTOBER 29. 1990

Applicant City and State Movant

Irving Steven Levy Philadelphia, PA Joseph H. Foster Mary Geiger Lewis Columbia, SC A. Camden Lewis James MacLaughlin Minneapolis, MN Ronald L. Lockhart Haskvitz David Alan Lowrance Fort Worth, TX Beale Dean Michael J. Maloney Houston, TX David W. Holman Sean Thomas Maloney Chicago, IL Richard A. Makarski George E. Mastics Palm Beach, FL John G. Lancione Paul Marshall May Fort Lauderdale, Arlen Francis FL Houston

Christopher I. McCabe Philadelphia, PA David M. Doret W. Gregg McCaulie Jacksonville, FL Joseph Stockton Farley, Jr. Norah Ann McCoy Carson City, NV Richard H. Bryan Mary Wheeler McDade Peoria, IL Murvel D. Pretorius, Jr. Alfred T. McDonnell Denver, CO James Eckford Scarboro J. Joseph McQuillan Omaha, NE Emil M. Fabian, III Michael Sweig Mendelson Chicago, IL Francis John McConnell Stephen Michael Moriarty Seattle, WA Robert A. Keolker John J. Murphy III Philadelphia, PA Herbert G. Keen, Jr. Jon S. Nicholls Denver, CO Patrick Owen Jeffrey Lee Nischwitz Cleveland, OH Frank Rush McKnight Barbara F. Olschner Birmingham, AL James Oliver Haley Michael A. Pannier Atlanta, GA Guy M. Harbert, III Raymond Samuel Jersey City, NJ William Steven Papperman Wolfson Albert E. Peacock III Long Beach, CA Samuel A. Keesal, Jr. MONDAY. OCTOBER 29. 1990 213

Applicant Movant

John H. Pelzer Fort Lauderdale, Richard E. FL Berman John Anthony Polimeni Canadaigua, NY Ross Michael Tantillo William Lee Pope Brownsville, TX Roger Wade Hughes William H. Powderly III Pittsburgh, PA Hollis T. Hurd Donald Louis Prager Fort Worth, TX Oscar H. Mauzy Thomas S. Richards Royal Oak, MI Richard H. Browne Calvin Dee Rider Wichita, KS Bob Abbott Lois 0. Rosenbaum Portland, OR George Howden Fraser Michael Joseph Russo Cleveland, OH John T. Corrigan Jeffrey F. Sauer Juneau, AK Robert Joseph Molloy Timothy D. Scandurro New Orleans, LA Carl W. Cleveland Donald Scarinci Union City, NJ Frank Joseph Guarini, Jr. David A. Selden Phoenix, AZ Lawrence Allen Katz Robert Kent Sellers Kansas City, MO Joseph Edward Stevens, Jr. Richard M. Seltzer New York, NY Stephen B. Moldof Donald M. Shawler Marshall, IL Omer T. Shawler Miller W. Shealy Jr. Columbia, SC T. Travis Medlock Eulis Simien Jr. Baton Rouge, LA Paul R. Baier Dennis J. Simon Ellicott City, MD Richard Alan Cooter Kathryn Lease Simpson Pittsburgh, PA Barry Michael Simpson Mary Jacobs Skinner Chicago, IL Michael A. Nemeroff Samuel Knox Skinner Chicago, IL Michael A. Nemeroff Timothy James Sloan Panama City, FL Benjamin W. Redding 214 MONDAY. OCTOBER 29. 1990

Applicant City and State Movant

David Randolph Smith Nashville, TN Randall L. Kinnard Bruce M. Smith Gainesville, FL Stephan Pierre Mickle Hoke Smith III Atlanta, GA John Allen Howard Robert Harris Solomon Washington, DC Richard A. Solomon Todd Stern Tampa, FL Paul Antinori

Timothy J. Strattner Milwaukee, WI James M. Fergal Mary Alice Theiler Seattle, WA James A. Douglas Mary Catherine Tousignant Old Orchard Ronald George Beach, ME Aaron Albert Joseph Tumpson San Francisco, CA Mark Barton Pyper Edward Gregory Wells Annapolis, MD Richard Joseph Bury Paul John Wisniewski Chicago, IL Robert E. Lee Armstrong Bert Laurence Wolff New York, NY Richard Stewart Feldman

Thomas Hilton Yancey Harrisonburg, VA Richard J. Flynn John Jackson Yates Kansas City, MO Paul Scott Kelly, Jr.

Wallace Reid Young Jr. Raleigh, NC Gordon Eugene Boyce Monique van Yzerlooy San Francisco, CA Cedric C. Chao Frederick M. Zeigler Columbia, SC A. Camden Lewis

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Gregory Patrick Sreenan Miami, FL Charles F. Thomas William Hitchcock Lindsey Roanoke, VA Charles Nealson Dorsey MONDAY. OCTOBER 29. 1990 2 1 5

Applicant V_ll\ dllU oldlfc* Movant

Victor Ian Panoff West Palm Beach, Ira Jay Kurzban FL Arlene C. Lawler Baker Los Angeles, CA Brenda Joyce Hamer Jon G. Mason Kenosha, WI Peter Chatilovicz Gerald Edward Riggs San Francisco, CA David Paul Bobzien Berkley Irving Freeman Jr. Boulder, CO Fred S. Whisenhunt, Jr. Fred Luedde Coover Ellicott City, MD Fred Howard Silverstein Oren Daniel Saltzman Baltimore, MD Fred Howard Silverstein

Oral Arguments

No. 89-1332. Gene McNary, Commissioner of Immigration and Natu- ralization, et al., Petitioners v. Haitian Refugee Center, Inc., et al. Argued by Mr. Michael R. Dreeben for the petitioners and by Mr. Ira J. Kurzban for the respondents.

No. 89-1598. Eastern Airlines, Inc., Petitioner v. Rose Mary Floyd, et vir, et al. Argued by Mr. John Michael Murray for the petitioner and by Mr. Joel D. Eaton for the respondents.

No. 89-1149. Coy R. Grogan, et al., Petitioners v. Frank J. Garner, Jr. Argued by Mr. Michael J. Gallagher for the petitioners, by Mr. John G. Roberts, Jr., for the United States, et al., as amici curiae in support of the petitioners, by special leave of Court, and by Mr. rgia, Timothy K. McNamara for the respondent.

No. 89-1436. United States, Petitioners. R. Enterprises, Inc., et al. Argued by Mr. William C. Bryson for the petitioner and by Mr. Herald P. Fahringer for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. OCTOBER 30. 1990 2 1 7 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Dawn Johnsen Washington, DC Walter Dellinger James Matthew Henderson Washington, DC Jay Alan Sekulow Sr. Joel A. Leyner Jersey City, NJ Bruce Edward Aitken

Oral Arguments

No. 89-1391. Irving Rust, etc., et al., Petitioners v. Louis W. Sulli- van, Secretary of Health and Human Services; and

No. 89-1392. New York, et al., Petitioners v. Louis W. Sullivan, Secretary of Health and Human Services. Argued by Mr. Laurence H. Tribe for the petitioners and by Mr. Solicitor General Kenneth W. Starr for the respondent.

No. 89-7370. Moshe Gozlon-Peretz, Petitioner v. United States. Argued by Mr. Peter Goldberger for the petitioner and by Ms. Amy L. Wax for the respondent, pro hac vice, by special leave of Court.

No. 89-680. James B. Beam Distilling Company, Petitioner v. Geor- gia, et al. Argued by Mr. Morton Siegel for the petitioner and by Ms. Amelia W. Baker for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) THURSDAY. OCTOBER 31. 1990 2 1 9 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

David Randall Benn Falls Church, VA Margaret Anne Hill

Oral Arguments

No. 89-7024. Warren McCleskey, Petitioner v. Walter D. Zant, Su- perintendent, Georgia Diagnostic & Classification Center. Argued by Mr. John Charles Boger for the petitioner and by Ms. Mary Beth West- moreland for the respondent.

No. 89-1555. Mark E. Dennis, Petitioner v. Margaret L. Higgins,

Director, Nebraska Department of Motor Vehicles, et al. Argued by Mr. Richard A. Allen for the petitioner and by Mr. L. Jay Bartel for the respondents.

Adjourned until November 5, 1990 at 10 o'clock. x

(JOURNAL) THURSDAY, NOVEMBER 1. 1990 221 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Orders in Pending Cases

No. A-330. Federico Paz, Applicant v. Idaho. The application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court is granted pending the timely filing and dispo- sition by this Court of a petition for writ of certiorari. Should the peti- tion for a writ of certiorari be denied, this stay terminates automati- cally. In the event the petition for a writ of certiorari is granted, this stay shall continue pending the issuance of the mandate of this Court. No. A-331. Paul Delo, Superintendent, Potosi Correctional Center,

Applicant v. Maurice Oscar Byrd. The application of the Attorney Gen- eral of Missouri for an order to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eighth Circuit presented to Justice Kennedy and by him referred to the Court is denied.

(JOURNAL) FRIDAY. NOVEMBER 2. 1990 223 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-327. Janice G. Clark, et al., Applicants v. Charles "Buddy" Roemer, Governor of Louisiana, et al. The application for an injunction and stay of orders of the United States District Court for the Middle District of Louisiana, case No. 86-435-A, presented to Justice Scalia and by him referred to the Court is granted in part. Louisiana state offi- cials are enjoined from holding elections scheduled for November 6 and

December 8, 1990, for judicial offices created by acts which the district court found had not been precleared in violation of Section 5 of the Vot- ing Rights Act of 1965. Specifically, these judgeships are those listed in Section II of the district court's order of October 22, 1990, pages 3-4, excepting Division B of the 20th Judicial District, which the district court upon reconsideration found to have been precleared. See District Court Oct. 31, 1990, order at 15 n. 42. In all other respects the applica- tion is denied.

This order is further conditioned upon the timely docketing of a state- ment as to jurisdiction in the above-entitled appeal. If such a statement as to jurisdiction is filed, this order is to remain in effect pending this Court's action on the appeal. If the judgments are affirmed, or the ap- peal is dismissed, this order shall terminate automatically. In the event probable jurisdiction is noted, or the judgments are vacated or re- versed, this order shall remain in effect pending the sending down of the judgment of this Court. Justice White dissents. Justice Blackmun, concurring in part and dissenting in part: I would deny the application in its entirety and therefore dissent from those provisions of the above order which grant injunctive relief.

(JOURNAL) MONDAY. NOVEMBER 5. 1990 225 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 90-295. Billy J. Temple, Petitioners Synthes Corporation, Ltd. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is reversed and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in con- formity with the opinion of this Court. Opinion per curiam.

Certiorari— Summary Disposition

No. 89-1862. Daniel J. McCarthy, Director, California Department

of Corrections, Petitioner v. Roulette Blair. The judgment is vacated and the case is remanded to the United States Court of Appeals for the

Ninth Circuit with directions that it instruct the United States District Court for the Central District of California to vacate its order and dis-

miss the petition for a writ of habeas corpus as moot. United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

No. 89-7496. Angel Rivera-Feliciano, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the First Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light

of Grady v. Corbin, 495 U.S. (1990).

Orders in Pending Cases

No. — . Jessie E. Davis, Petitioner v. Illinois Department of Chil- dren and Family Services, et al. The motion to direct the Clerk to file a

petition for a writ of certiorari, out-of-time, is denied.

No. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. The additional supplemental Report of the Special Master, 226 MONDAY. NOVEMBER 5. 1990 dated October 1, 1990, is received and ordered filed. The recommended supplemental decree is approved. The supplemental decree is entered. The parties shall bear their own costs of these proceedings; the actual expenses of the Special Master herein and the compensation due him shall be borne half by the United States and half by Mississippi. After his final accounting has been approved and any balance due him has been paid, The Special Master shall be deemed discharged with the thanks of the Court. The Court retains jurisdiction to entertain such further proceedings, enter such orders, and issue such writs as from time to time may be deemed necessary or advisable to effectuate and supplement the decree and the rights of the respective parties. Justice Marshall took no part in the consideration or decision of this decree.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. The Report of the Special Master is received and or- dered filed. Exceptions to the Report, with supporting briefs, may be filed by the parties within 45 days. Replies thereto, with supporting briefs, may be filed within 30 days.

No. 113, Original. State of Mississippi, Plaintiff v. United States.

The Report of the Special Master is received and ordered filed. The rec- ommended decree is approved. The decree is entered. The Court re- tains jurisdiction to entertain such further proceedings, enter such or- ders and issue such writs as may from time to time be deemed necessary or advisable to give proper force and effect to its previous orders or decrees herein or to this Decree or to effectuate the rights of the parties in the premises. Nothing in this Decree or in the proceed- ings leading to it shall prejudice any rights, claims or defenses of the State of Mississippi as to its maritime lateral boundaries with the State of Louisiana, which boundary is not at issue in this litigation. Nor shall the United States in any way be prejudiced hereby as to the such mat- ters. Nothing in this Decree shall prejudice any rights, claims or de- fenses of the United States or the State of Mississippi as to the inland water status of Chandeleur Sound. Nor shall anything in this Decree prejudice or modify the rights and obligations under any contracts or agreements, not inconsistent with this Decree, between the parties or between a party and a third party.

No. D-904. In the Matter of Disbarment of Thomas Lawrence Root. Disbarment order entered.

No. D-913. In the Matter of Disbarment of Isaiah White Williams. Disbarment order entered. MONDAY. NOVEMBER 5. 1990 227

No. D-916. In the Matter of Disbarment of Robert Bruce Johnstone. Disbarment order entered.

No. D-947. In the Matter of Disbarment of Howard A. Pattison. It is ordered that Howard A. Pattison, of Athens, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-948. In the Matter of Disbarment of Howard Leslie Perlow. It is ordered that Howard Leslie Perlow, of Baltimore, Maryland, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-949. In the Matter of Disbarment of Jim L. Wilson. It is or- dered that Jim L. Wilson, of Tifton, Georgia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-950. In the Matter of Disbarment of Norman Bie, Jr. It is or- dered that Norman Bie, Jr., of Largo, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-951. In the Matter of Disbarment of Grant Paul Jones. It is ordered that Grant Paul Jones, of Seattle, Washington, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. The motion of re- spondent to dismiss the writ of certiorari as improvidently granted is denied.

No. 89-1965. Cottage Savings Association, Petitioner v. Commis- sioner of Internal Revenue. The motion of petitioner to dispense with printing the joint appendix is granted. No. 90-96. Frederick A. Siegert, Petitioner u H. Melvyn Gilley. The motion of petitioner to proceed further herein in forma pauperis is denied. No. 90-464. Bituminous Coal Operators' Association, Inc. Petitioner v. United Mine Workers of America, International Union, by Thomas

Rabbit, Trustee ad Litem, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. 228 MONDAY. NOVEMBER 5, 1990 Certiorari Granted

No. 89-1821. Charles Z. Stevens, III, Petitioner v. Department of the Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 90-68. Eddie S. Ylst, Warden, Petitioner v. Owen Duane Nun- nemaker. The motion of respondent for leave to proceed in forma pau- peris is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Certiorari Denied

No. 89-1736. Russell Hobson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-1806. United States Army, et al, Petitioners v. Perry J. Watkins. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-5586. Charles J. Palmer and Randolph Reeves, Petitioners v.

Frank 0. Gunter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 89-7596. Clyde Alton Charles, Petitioner v. Hilton Butler, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-7659. Charles Edward Patterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-176. Alfred R. Kuennen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-217. Judith A. Brown, et al, Petitioners v. Elizabeth Black- well Health Center for Women, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-259. William Lowary, et al., Petitioners v. Lexington Teach- ers Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-300. Ricky Allen Hays, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-310. Ameday J. Migliorini, Petitioner v. Director, Office of Workers' Compensation Programs. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. NOVEMBER 5. 1990 229

No. 90-373. KPMG Peat Marwick, Petitioner v. W. David Holloway, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-431. Dispatch Printing Company, Petitioner v. Ronald L. So- love, Judge, Franklin County, Ohio Court of Common Pleas, et al. Peti- tion for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-432. James N. Perry, Petitioner v. Prudential Bache Securi- ties, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-437. Harris A. Grote, Petitioner v. Trans World Airlines,

Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-438. Charles Stewart, Petitioner v. Dorothy Morris, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-439. James Bias, as Personal Representative of the Estate of

Leonard Kevin Bias, Deceased, Petitioner v. Advantage International,

Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-440. Karen L. Lunn, Petitioner v. Time Insurance Company. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 90-446. W. R. Benintendi, et ux., Petitioners v. Union National Bank of Little Rock, et al. Petition for writ of certiorari to the Court of Appeals of Oklahoma, Third Division, denied.

No. 90-454. Sequoia Books, Inc., dba Denmark II, Petitioner v. Dal- las Ingemunson, State's Attorney of Kendall County, Illinois and Ken- dall County, Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-460. Bruce E. Wallis, et ux., Petitioners v. Justice Oaks II,

Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-462. James Thomas Sloan, Jr., Frederick J. Farrer and Gary

C. Newton, Petitioners v. G & G Manufacturing Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-467. Charles A. Fahrig, et ux., Petitioners v. William H.

Wolff, Judge, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. 230 MONDAY. NOVEMBER 5. 1990

No. 90-474. Joseph M. Ward, Petitioner v. Daily Reflector, Inc. and Alvin Taylor. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 90-475. Arthur Falkner, et ux., Petitioners v. United States Dis- trict Court for the Southern District of Florida. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-481. 601 Properties, Inc., Petitioner v. City of Dayton, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Mont- gomery County, denied.

No. 90-491. Hector Rivera Cruz, Secretary of Justice of Puerto Rico,

Petitioner v. Playboy Enterprises, Inc., et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-533. In Re Frederick W. Kantor, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Federal Cir- cuit denied.

No. 90-547. Kenneth B. Quansah, Jr., Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-579. Sylvester R. Woods, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Ap- peals denied.

No. 90-5071. Bradley Summers, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5275. Leslie L. Sack, Petitioner v. North Dakota, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5432. Ricky Dawn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5524. Rose Meckley, Petitioner v. Federal Correctional Insti- tution, Alderson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5661. Ernest Smallwood, Petitioner v. E-Systems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. NOVEMBER 5, 1990 231

No. 90-5703. Jennie Amodeo, Petitioner v. Columbia Broadcasting System, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5704. Robert Hebel, Petitioner v. Jerry D. Gilmore, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5707. John Matthew Toomey, Petitioner v. Bill J. Bunnell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5708. John Vaisey, Petitioner v. Lloyd Haugh. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-5709. Harold Smith, Petitioner v. John MacDonald. Petition for writ of certiorari to the Court of Appeals of Tennessee, Middle Divi- sion, denied.

No. 90-5710. Albert Standard, Petitioner v. Larry Burton, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-5711. Lawrence Broadnax, Frank J. Rivera and Milos

Klvana, Petitioners v. Los Angeles County Municipal Court, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5717. Richard Terrazas, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-5732. William Maurice Cox, Petitioner v. Midge Carroll, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5733. James Tindall, Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5734. John Rust, Petitioner v. Frank O. Gunter, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5738. Lawrence Sparks, Petitioner v. John Jabe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5741. Roy A. Day, Petitioner v. James L. Johnson, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 232 MONDAY. NOVEMBER 5. 1990

No. 90-5749. Eugene Lipofsky, Petitioner v. New York State Work- ers Compensation Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5754. Eldric Rondell Haskins, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-5795. Everett Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5827. Donnie Shafer, Petitioner v. Hal Stratton, Attorney General of New Mexico. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5838. Anderson Belvin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5840. Thomas P. Attson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5842. Charles F. Darlington, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5845. Jackie L. Banks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5847. Ricardo Duarte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5852. Andes-Mar Pereira Barbosa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-5853. Joaquin H. Rivera-Dominguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-5856. Larry E. Williams, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-5858. David A. Ford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY. NOVEMBER 5. 1990 233

No. 90-5863. Jose Ramon Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5864. Keith Lynn Jenkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5867. James Martin, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5879. Catherine Louise Robertson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-5881. Maria Teresa Carballo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5883. Larry Michael Farber, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5884. Gary Anthony Didio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5893. James Ellsworth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5894. Benjamin West, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5895. Stan Musial Trujillo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5902. Owen Franklin Silvious, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5905. Maurice C. Proctor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5913. William David Hodge, Petitioner v. James C. Yarbor- ough, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 234 MONDAY. NOVEMBER 5, 1990

No. 90-5915. Tyrone Love, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5925. Jackie Edward Messer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-41. Wisconsin, Petitioner v. Lionel D. Walker. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 90-451. Public Employees Retirement System of Ohio, Peti- tioner v. June M. Betts. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-540. Vincent J. Vaccaro, Petitioner v. Thomas C. Jorling, Commissioner of New York State Department of Environmental Con- servation. The motion of petitioner to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial De- partment, denied.

No. 90-550. East Asiatic Co., Inc., et al, Petitioners v. RSR Cor- poration, et al. The motion of Government of Denmark for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the

Court of Appeals of Washington, Division 1, denied.

No. 90-5156. Nicolosa Barnes, Petitioner v. Dallas County Child W'elfare Unit of the Texas Department of Human Resources. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. Justice Blackmun would grant certiorari.

No. 90-5416. Jeffrey Antoine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 90-5434. Jose Guadalupe Vargas-Victoria, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 90-5641. Danial Siebert, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting state- ment by Justice Marshall. MONDAY. NOVEMBER 5. 1990 235 Mandamus Denied

No. 90-5643. In Re Ronnie Lee Alston, Petitioner. The petition for writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 89-7818. William A. MacGuire, Petitioner v. Alan Rasmussen; and

No. 90-5084. William Lebron Church, Petitioner v. C. E. Thompson, et al. The petitions for rehearing are denied. Justice Souter took no part in the consideration or decision of these petitions.

Recess Order

The Court will take a recess from Tuesday, November 13, 1990 until Monday, November 26, 1990.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Marie A. Backes San Diego, CA Ernest C. Friesen, Jr. William T. Baker Jr. New York, NY Richard M. Merriman Sharon M. Barnes Midland, MI Donna Thourlby Morris Normand G. Benoit Providence, RI Steven E. Snow John Mark Brown Amarillo, TX Robert Dell Lemon Paul Edward Burns Norwalk, CT Harold James Pickerstein Geena D. Cohen Chicago, IL Barry A. Cohen Robert Patrick Cole Dade City, FL Leon H. Cannon William H. Collier Jr. Long Beach, CA John Michael Binetti Michael D. Conner Houston, TX Robert D. Daniel Renaye Brown Cuyler New York, NY Gail J. Wright Keith David Davis San Bernardino, Caywr ood J. CA Borror Charles Matthew Duell Fort Smith, AR James Robert Filyaw 236 MONDAY. NOVEMBER 5, 1990

Applicant City and State Movant

David Lee Dunagin Fort Smith, AR John William Settle

Richard L. Eason Denver, CO Ted J. Fiflis David R. Eason Boulder, CO Ted J. Fiflis Susan Finkelstein San Antonio, TX David Gray Hall George W. Ganim Jr. Bridgeport, CT John J. Cotter John R. Garza Rockville, MD Michael Morgenstern Robert Thomas Patrick Los Angeles, CA David Alan Gilleran Leveton Samuel H. Gillespie III Washington, DC Eugene Richard Elrod Nancy Wood Gregoire Fort Lauderdale, Richard E. FL Berman Paul R. Hannah Saint Paul, MN Richard L. Jasperson Richard H. Hart Jr. Milwaukee, WI Pamela Rose Resnick William D. Howard Grand Rapids, MI Alan M. Grimaldi Jack Gaylord Johnson Seattle, WA Richard H. Holmquist Muriel S. Kessler New York, NY Emanuel Kessler Jeffrey John Koch San Diego, CA Louis R. Hanoian John A. Lentine Birmingham, AL J. Louis Wilkinson John Harold Lindquist Milwaukee, WI Edward Thomas Schilling Douglas E. Marshall Santa Cruz, CA Daniel J. Curtin, Jr. Jacqueline Patricia San Diego, CA Alan J. Saxe McManus Robert A. Miller Jr. Golden, CO Eugene Richard Elrod Michael Stanley Mostek Omaha, NE Allen E. Daubman Wilbert James Outlaw Cincinnati, OH Grant Ulysess Hardeway, Sr. Geralyn M. Passaro Miami, FL Jackson L. Peters George Thomas Patton Jr. Indianapolis, IN Ronald Edward Elbeger MONDAY. NOVEMBER 5. 1990 237

Applicant City and State Movant

Ricardo R. Pesquera San Juan, PR Roberto Moreno Carreras Frank A. Pfiffner Anchorage, AK James M. Gorski Edward J. Posselius III Denver, CO Elizabeth Ann MacJJonald M. Clay Ragsdale IV Birmingham, AL William M. Dawson, Jr. Judith Ellen Reel Los Angeles, CA Frederick Nathan ivierKin Thomas A. Roberts Chicago, IL Patrick Scott Casey

Robert J. Rose Los Angeles, CA Maxwell Michael Blecher Susan Ball Rothe Reno, NV Richard Kent Robison Susan Rowley Brooklyn, NY Sanford Marc Cohen Devallis Rutledge Santa Ana, CA Micnaei K. uapizzi

Nancy E. Sasamoto Chicago, IL Edward J. Undernill Stevenfl i RogerT"» SchooleyPi 1 1 Orlando, FL Gordon Lee

VJctllCtL, til.

Jonathan Cory Scott Saint James, NY VV lliid.111 i_/UpvJ C. Zadik Shapiro San Francisco, CA Michael Stepanian Lawrence Brown Sheffield Birmingham, AL George Choya III Lucas Jim D. Shofner Tulsa, OK Randall Eugene Rose David 0. Simon New York, NY John Richard Dunne

A 1 fl • 1 TTT Ail i A Archer D. Smith III Atlanta, GA Nolan B. Harmon

Harold K. St. Clair Covington, VA George I. Vogel, II

HIT A. AT Sandra Jean Stewart Montgomery, AL JOnn (jrlDDS William L. Graves Stiff III Birmingham, AL wiinam Mivi. Dawson, Jr. Stephen Harris Sulmeyer Los Angeles, CA Irving Sulmeyer 238 MONDAY. NOVEMBER 5. 1990

Applicant City and State Movant

Charles Pelot Summerall Charleston, SC Augustine T. IV Smythe, Jr. Thamer Eugene Temple III Richmond, VA Jack Willard Burtch, Jr. t rrv j_ t Leroy Tipton Jr. Greene ville, TN Nathaniel R. Coleman, Jr. Michael Pasquale Villani Las Vegas, NV Thomas Leo Leen

/~1 T * TIT 1 T~V TIT Gregory Louis Weber Covington, KY Donald L. Richardson A. Taylor Williams Philadelphia, PA John C. Wright, Jr.

AC11US 1YJ.&I1 IT tXll J. U.CI1 Houston, TX Caliph Johnson Kathleen T. Zellner Glen Ellyn, IL Andrea D. Lyon

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Jay vjrnrntn iviartm Houston, TX Rex E. Lee Pamela Lajeunesse Williamsport, PA Hugh L. Reilly Shipman James H. r alk Jr. Washington, DC James H. Falk Matt A. Melone Tulsa, OK Jerry M. Melone Baxter Porter Jones Atlanta, GA James V. Heffernan

Jeffrey Butler Pontiac, MI Michael J. Modelski Rafael Alberto Madan Oakton, VA Robert Hale Foote Carolyn Ann Blanchard Detroit, MI Carla Jane Johnson Derrick Augustus Carter Detroit, MI Carla Jane Johnson Lawrence Scott Eisenberg Irvine, CA Donalod Deane Bosben Jeffrey Stuart Eisenberg New York, NY Donald Deane Bosben Holly Delle Henderson Alexandria, VA Donald Clarke Kozlowski Casey MONDAY. NOVEMBER 5. 1990 239

Applicant City and State Movant

Michael Jay Strauss Gaithersburg, MD Donald Clarke Casey Oral Arguments

No. 89-1452. Mobil Oil Exploration & Producing Southeast Inc., et al., Petitioners v. United Distribution Companies, et al.; and

No. 89-1453. Federal Energy Regulatory Commission, Petitioner v.

United Distribution Companies, et al. Argued by Mr. Edwin S. Kneed- ler for the federal petitioner, by Mr. Rex E. Lee for the private peti- tioners and by Miss Roberta Lee Halladay for the respondents.

No. 89-1217. James P. Lehnert, et al., Petitioners v. Ferris Faculty

Association, et al. Argued by Mr. Raymond J. LaJeunesse for the peti- tioners and by Mr. Robert H. Chanin for the respondents.

No. 89-7272. Ronald Allen Harmelin, Petitioner v. Michigan. Argued by Ms. Carla J. Johnson for the petitioner and by Mr. Richard Thomp- son for the respondent.

No. 89-1008. Dwight H. Owen, Petitioner v. Helen Owen. Argued by Mr. Roger L. Fishell for the petitioner and by Mr. Timothy B. Dyk for the respondent.

Adjourned until tomorrow at 10 o'clock.

Order in Pending Case

No. A-327. Janice G. Clark, et al, Applicants v. Charles "Buddy"

Roemer, Governor of Louisiana, et al. The motion of appellees for modi- fication of the order of Court entered November 2, 1990, is granted and the order is modified as follows: The application for an injunction and stay of orders of the United States District Court for the Middle Dis- trict of Louisiana, case No. 86-435-A, presented to Justice Scalia and by him referred to the Court is granted in part. Louisiana state officials are enjoined from holding elections scheduled for November 6 and De- cember 8, 1990, for judicial offices created by acts which the district court found had not been precleared in violation of Section 5 of the Vot- ing Rights Act of 1965. These judgeships are those listed in Section II of the district court's order of October 22, 1990, pages 3-4, excepting Division B of the 20th Judicial District, which the district court upon reconsideration found to have been precleared, and Division D of the 34th Judicial District, which the parties and the Solicitor General agree 240 MONDAY. NOVEMBER 5. 1990 the Attorney General precleared by letter of October 10, 1989. Specifi-

cally, those judgeships for which an election is enjoined are: (1) District Courts: 4th district, division F & G; 6th district, division B; 14th dis- trict, divisions E, F, G & H; 16th district, division G; 21st district, divi- sion F; 22nd district, division G: 24th district, division P; 26th district, division E; 40th district, division C; (2) Courts of Appeal: All judgeships authorized by Act 8 of 1990, including (a) Second Circuit Court of Ap- peal, District 1, Division C; (b) Second Circuit Court of Appeal, District

3, Division C. In all other respects the application is denied. This order is further conditioned upon the timely docketing of a statement as to jurisdiction in the above-entitled appeal. If such a statement as to juris- diction is filed, this order is to remain in effect pending this Court's ac- tion on the appeal. If the judgments are affirmed, or the appeal is dis- missed, this order shall terminate automatically. In the event probable jurisdiction is noted, or the judgments are vacated or reversed, this order shall remain in effect pending the sending down of the judgment of this Court. Justice White dissents. Justice Blackmun, concurring in part and dissenting in part: I would deny the application in its entirety and therefore dissent from those provisions of the above order which grant injunctive relief. (JOURNAL) TUESDAY. NOVEMBER 6. 1990 241 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinion

No. 89-1158. Mercedel W. Miles, Individually and as Administratrix of the Succession of Ludwick Adam Torregano, Petitioner v. Apex Ma- rine Corporation, et al. On writ of certiorari to the United States Court of for the Fifth Circuit. Judgment affirmed. Opinion by Justice O'Con- nor. Justice Souter took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Jeffrey P. Elefante Arlington, VA Charles Patrick Revoile Abe L. Frank Washington, DC Joshua Franklin Bowers

Oral Arguments

No. 87-6796. James A. Ford, Petitioner v. Georgia. Argued by Mr. Charles J. Ogletree, Jr., for the petitioner and by Ms. Paula K. Smith for the respondent.

No. 88-1847. Ford Motor Credit Company, Inc., Appellant v. De- partment of Revenue, State of Florida. Argued by Mr. Mark L. Evans for the appellant and by Mr. H. Bartow Farr, III, for the appellee.

No. 89-5916. Richard Demarest, Petitioner v. James Manspeaker, et al. Argued by Mr. James E. Scarboro for the petitioner and by Mr. Mi- chael R. Lazerwitz for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY. NOVEMBER 7. 1990 243 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Roger D. Einerson Washington, DC David L. Shapiro

Oral Arguments

No. 89-5961. Robert Lacy Parker, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Argued by Mr. Robert J. Link for the petitioner and by Ms. Carolyn M. Snurkowski for the respondents.

No. 89-1646. United States, et al., Petitioners v. Marcus S. Smith, et al. Argued by Mr. David L. Shapiro for the petitioners and by Mr. Wal- ter A. Oleniewski for the respondents.

Adjourned until Tuesday, November 13, 1990 at 10 o'clock. x

(JOURNAL) MONDAY. NOVEMBER 13. 1990 245 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice O'Connor, Justice Scalia, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinions Per Curiam

No. 89-7302. Tommy Cage, Petitioner v. Louisiana. On petition for writ of certiorari to the Supreme Court of Louisiana. Petition for writ of certiorari granted. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opin- ion of this Court. Opinion per curiam. No. 90-93. R. Dobie Langenkamp, Successor Trustee of the Bank- ruptcy Estates of Republic Trust & Savings Company and Republic Fi- nancial Corporation, Petitioner v. C. A. Culp, et al. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Petition for writ of certiorari granted. Judgment reversed and case remanded to the Court of Appeals for further proceedings in con- formity with the opinion of this Court. Opinion per curiam. Justice Kennedy took no part in the consideration or decision of this case.

Certiorari— Summary Disposition

No. 89-1784. Insurance Company of the State of Pennsylvania, et al.,

Petitioners v. Ben Cooper, Inc. The United States, whose motion to in- tervene filed in this Court on September 28, 1990, was granted, has raised a question concerning the Court of Appeals' jurisdiction over this case and hence a question about our own jurisdiction. Motion of the United States to Intervene and Brief of the United States, pages 9 through 17. Because the Court of Appeals should address the jurisdic- tional issue in the first instance, we vacate the judgment of the United States Court of Appeals for the Second Circuit and remand the case for consideration of the jurisdictional issue raised by the United States.

No. 89-1951. Delta Traffic Service, Inc., et al., Petitioners v. Appco Paper and Plastics Corporation. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit 246 MONDAY. NOVEMBER 13. 1990

for further consideration in light of Maislin Industries, U.S., Inc. v. Primary Steel, Inc., 497 U.S. (1990).

No. 90-5659. Randolph Reeves, Petitioner v. Nebraska. On petition for writ of certiorari to the Supreme Court of Nebraska. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Nebraska for further consideration in light of demons v. Mississippi, 494 U.S. (1990).

Orders in Pending Cases

No. 90-394. Bill Clinton, Governor of Arkansas, et al., Appellants v.

M. C. Jeffers, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-5759. In Re J. David Golub, Petitioner. The motion of peti-

tioner for leave to proceed in forma pauperis is denied. Petitioner is

allowed until December 4, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Marshall, Justice Blackmun and

Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of mandamus without reaching the merits of the motion to proceed in forma pauperis.

No. 90-5765. Ned N. Cary, Jr., Petitioner v. David Kirk, et al. The motion of petitioner for leave to proceed in forma pauperis is denied.

Petitioner is allowed until December 4, 1990, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33 of the Rules of this Court. Justice Marshall, Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 90-285. Litton Financial Printing Division, A Division of Litton

Business Systems, Inc., Petitioner v. National Labor Relations Board,

et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question 2 presented by the petition.

No. 90-5358. Thomas Braxton, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for MONDAY. NOVEMBER 13. 1990 247 writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

Certiorari Denied

No. 89-7589. Sandy Michael Nace, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied.

No. 89-7594. Leroy Pletten, Petitioner v. Constance Newman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89-7753. Leonard James Hearn, Vincent Wayne Conner, Rich- ard Maurice Lanxter, James Price and Patricia Ann Chisolm, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7787. Eleazar Villegas, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.

No. 89-7788. Michael Herbert Weaver, Petitioner v. Steve Puckett, Superintendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-36. Edward Goldberg, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-151. River Villa Partnership, et al., Petitioners v. Sun Belt Federal Bank, F.S.B. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-291. Matthew Gruber, Petitioner v. Board of Medical Exam- iners of Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-413. Clarence Kimmet and Kara Kimmet, an infant, by and through her parent and next friend, Clarence Kimmet, et al.. Petition- ers v. David Ryan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-477. William Harding, et al., Petitioners v. City of New York Department of Environmental Protection, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. 248 MONDAY. NOVEMBER 13. 1990

No. 90-480. Robert E. Netzley, Petitioner v. James P. Celebrezze, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-482. Spang & Company, Petitioner v. Matthew A. DelGrosso, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-484. Bill Taber, dba Tabers Grass Farm, Petitioner v. James C. Pledger, Director, Arkansas Department of Finance and Adminis- tration. Petition for writ of certiorari to the Supreme Court of Arkan- sas denied.

No. 90-490. Henry J. Fant, Petitioner v. Board of Trustees, Re- gional Transit Authority. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-492. Wisconsin Education Association Council, et al., Peti- tioners v. Wisconsin State Elections Board, et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 90-495. Magee Drilling Company, Petitioner v. Arkoma Asso- ciates, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-500. David J. Laurick, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 90-501. David J. Weinberg, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 90-502. Tom Perdue, Petitoner v. J. Mac Barber. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 90-508. Charlie Sedillo, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 90-509. Bob Vieux, et al., Petitioners v. East Bay Regional Park

District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-511. Michael Ma, Petitioner v. Continental Illinois National Bank and Trust Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-512. Lamont Warren, Petitioner v. Joseph Dwyer. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-514. Onan Corporation, Petitioner v. Industrial Steel Con- tainer Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY. NOVEMBER 13. 1990 249

No. 90-518. Robert E. Welsh, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 90-522. Patrick J. McNamee, et ux., Petitioners v. Southern Textile Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-528. Ventilatoren Stork Hengelo B.V., et al.. Petitioners v. Forsikringsaktieselskabet Hafnia, aka Hafnia. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-538. Stan Peacock, et ux., Petitioners v. City of Murphy,

Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-548. David L. Foster, by his Guardian Elizabeth L. Foster,

Petitioner v. United States Fire Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 90-553. Barbara J. Gouras (Wade), Petitioner v. Burroughs Wel- come Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-586. Matthew C. Wax, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied.

No. 90-604. Ernest R. Zerman, et ux., Petitioners v. Supreme Court of Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5065. Phillip Roderick, Petitioner v. Myrna E. Trickey, Di- rector, Division of Classification and Treatment, Missouri Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5112. David Sheffer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5176. Ron Kerry Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5206. Robert Speed, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. 250 MONDAY. NOVEMBER 13. 1990

No. 90-5210. Cary Lewis Fischer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5212. Domingo Rexach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5263. Francis Anthony Littriello and Michael Paul Turner,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5294. Henry Allen Gray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5301. Donnie Rayburn, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 90-5308. Brett C. Kimberlin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5353. Ronald Keith Spivey, Petitioner v. Joe Frank Harris, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5380. Anthony Edwards, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5412. James Alvin Rhodes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5498. William Gravatt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5542. Thomas Dion Sheldon, Petitioner v. New Mexico. Peti- tion for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 90-5695. Willie Watkins, Petitioner v. Department of Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5698. Michael Sindram, Petitioner v. Lustine Chevrolet, Inc., et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. MONDAY. NOVEMBER 13. 1990 251

No. 90-5727. Sylvester Jones, Petitioner v. Eyvon Mendenhall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5736. Lacey Sivak, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 90-5739. Aaron Bernard Woods, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5746. Melvin Curtis Ellis, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5760. Henry Stepler, Petitioner v. Ohio Adult Parole Author- ity, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5761. Charles Ray Daniels, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5762. John F. Dees, Petitioner v. Paul Caspiri, Superintend- ent, Missouri Eastern Correctional Center. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5763. William B. Baime, Petitioner v. Edward A. Greenly. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-5764. Sara Lynn Davis, Petitioner v. Walter Cohen, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5780. William Watson, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 90-5784. William Schlicher, Petitioner v. Steven Davies, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5785. Eileen Vey, Petitioner v. Ernest D. Preate, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5788. Gloria Waters, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. 252 MONDAY. NOVEMBER 13. 1990

No. 90-5790. John Fulford, Petitioner v. John Whitley, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5792. John R. D. Beazley, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appel- late District, denied.

No. 90-5794. Bartolo Royball, Petitioner v. San Antonio Housing Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5799. Andrew Searcy, Petitioner v. Houston Lighting & Power Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5805. Leo X. McKaye, Petitioner v. Robert Brown, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5808. Aharon Gagaty, Petitioner v. Lori Saland Gagaty. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied.

No. 90-5809. Gary Lee McColpin, Petitioner v. Nola Foulston. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5811. Thomas Gilmore Stewart, Petitioner v. Dallas County

Health Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5812. Gwendolyn L. King, etc., Petitioner v. United States

District Court for the District of Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5813. Gloria Durante, Petitioner v. Ohio Civil Rights Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5832. Lynn Johnston, Petitioner v. Washtenaw County Court

Clerk, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-5843. Jerry Young, Petitioner v. Walter R. Kelly. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5875. Martha Joyce Ransbottom, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. NOVEMBER 13. 1990 253

No. 90-5878. Sherman S. Weber, Petitioner v. California State Bar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5903. Javier Hincapie Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5914. Walter L. Jones, Petitioner v. United States, et al.; and

Walter L. Jones, Petitioner v. Judith Gerrie, et al.; and Walter L.

Jones, Petitioner v. United States; and Walter L. Jones, Petitioner v.

United States; and Walter L. Jones, Petitioner v. United States; and 7 Walter L. Jones, Petitioner v. Max W iseman, et al.; and Walter L.

Jones, Petitioner v. United States; and Walter L. Jones, Petitioner v.

United States; and Walter L. Jones, Petitioner v. Dennis C. Vacco. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5918. Robert Thompson, Petitioner v. Dale Foltz, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5919. Marion A. Chaney, Petitioner v. Department of Veter- ans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-5921. Luigi Aiello, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied.

No. 90-5927. Lawrence Edward Brown, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5937. William Leach, aka William Martin, Petitioner v. Gary McCaughtry, Superintendent, Waupun Correctional Institution. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5945. Muradija Bermudas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5994. Frank Foe and Walter Woe, et al., Petitioners v. Mario

Cuomo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-1508. Colorado Interstate Gas Company, Petitioner v. Natu- ral Gas Pipe Line Company of America, et al. The motion of Public Citi- zen for leave to file a brief as amicus curiae is granted. Petition for writ 254 MONDAY. NOVEMBER 13. 1990 of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-485. Jason Williams, Petitioner v. Pima County, Arizona, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. Justice O'Connor took no part in the consider- ation or decision of this petition.

No. 90-503. Theola Henson Davis, Petitioner v. AT&T Information Systems. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 90-498. South Carolina, Petitioner v. Horace Butler. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. No. 90-525. Ron Taylor, Commissioner of the Insurance Department for Arkansas, et al., Petitioners v. First National Bank of Eastern Ar- kansas. The motion of American Council of Life Insurance for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5677. William John Clark, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dis- senting statement by Justice Marshall.

No. 90-5772. John Peoples, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Dis- senting statement by Justice Marshall.

No. 90-5873. Donald Eugene Petary, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Marshall.

No. 90-5882. Samuel D. Smith, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall. Habeas Corpus Denied

No. 90-5980. In Re Jeffrey Gibson, Petitioner. The petition for writ of habeas corpus is denied. Mandamus Denied

No. 90-5775. In Re Carl Doughty and Larry Wilson, Petitioners; and No. 90-5779. In Re Robert Kaltenbach, Petitioner. The petitions for writs of mandamus are denied. monday. november 13. 1990 255 Rehearings Denied

No. 90-5577. Michael Sindram, Petitioner v. Howard Wallin, et al.;

No. 90-5578. Michael Sindram, Petitioner v. J. James McKenna, et al.; and

No. 90-5699. Michael Sindram, Petitioner v. Montgomery County,

Maryland, et al. The petitions for rehearing are denied.

No. 89-1946. Ralph Roger Bergman, Petitioner v. Department of Commerce, et al.;

No. 89-2006. William A. Roscoe, Petitioner v. United States, et al.;

No. 89-7477. Bobbie Lee Adams, III, Petitioner v. Richard L.

Dugger, Secretary, Florida Department of Corrections, et al.;

No. 89-7617. David Brewer, Petitioner v. Ohio;

No. 89-7669. James L. Martin, Petitioner v. United States Depart- ment of Education, et al.;

No. 89-7699. Gary Lee McColpin, Petitioner v. Clark V. Owens;

No. 89-7700. James L. Martin, Petitioner v. Joseph J. Farnan, Jr.;

No. 89-7733. Tim E. Conley, Petitioner v. Phillip R. Johnson;

No. 89-7746. Theresa Mulqueen Skeeter, Petitioner v. City of Nor- folk, et al;

No. 89-7747. Raymond Snell, Petitioner v. City and County of Den- ver, et al.;

No. 89-7817. James L. Martin, Petitioner v. Joseph J. Farnan, Jr.;

No. 89-7847. Michael Sindram, Petitioner v. N. Richard Kimmel

Properties, et al.;

No. 89-7848. Michael Sindram, Petitioner v. Washington Suburban Sanitary Commission;

No. 89-7865. Zeron Lewis, Petitioner v. Daniel Vasquez, Warden;

No. 90-150. Nelson P. Fordham, Petitioner v. Office of Personnel Management;

No. 90-216. Walter J. Moeller, Petitioner v. United States;

No. 90-227. Harbhajan Singh Atwal, Petitioner v. City of Riverside;

No. 90-5021. Francisco H. Guzman, Petitioner v. Harry H. Flickinger;

No. 90-5169. Edward A. Ganey, Jr., Petitioner v. David Chester; No. 90-5218. In Re Vernell McKnight, Petitioner;

No. 90-5335. Michael Sindram, Petitioner v. Richard Garabedi; 256 MONDAY. NOVEMBER 13. 199(

No. 90-5351. Michael Sindram, Petitioner v. Steuben County, New York, et al.;

No. 90-5354. Theodore Shipes, Petitioner v. Jon P. Galley, Warden, etal.;

No. 90-5356. Christopher A. Burger, Petitioner v. Walter Zant, Warden;

No. 90-5371. Michael Sindram, Petitioner v. Consumer Protection

Commission of Prince George's County, et al.;

No. 90-5373. Michael Sindram, Petitioner v. Robert Abrams, et al.;

No. 90-5409. George J. Guaracino, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services;

No. 90-5410. Michael Sindram, Petitioner v. James Ryan, et al;

No. 90-5456. Michael Sindram, Petitioner v. Robert Sweeney, et al.; and

No. 90-5684. Roger L. Lyle, Petitioner v. John Jabe, Warden. The petitions for rehearing are denied. Justice Souter took no part in the consideration or decision of these petitions.

No. 90-5374. Michael Sindram, Petitioner v. Nissan Motor Corpora-

tion, et al. The petition for rehearing is denied. The Chief Justice and Justice Souter took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

James Reynard Adams Foret Myers, FL Isaac Anderson, Jr. David Jay Adkins Leawood, KS R. F. Bennett Franklin Gordon Allen III Portland, OR Barry W. Dod Anthony F. Anderson Roanoke, VA Bayard Easter Harris Thomas P. Arden Chicago, IL Jeremiah D. McAuliffe Laveeda Morgan Battle Birmingham, AL Thomas L. Stewart Joseph D. Baugh Jr. Franklin, TN Cornelia A. Clark Gary A. Benjamin Detroit, MI Ronald Reosti Thomas Marvin Blaylock Roanoke, VA Bayard Easter Harris MONDAY. NOVEMBER 13. 1990 257

Applicant City and State Movant

Kenneth M. Cole Jr. DeSoto, TX Robert J. Foreman Francesca Elizabeth Ossining, NY Mary Theresa Connolly Giacomo Larry Edward Cook Concord, CA Andrew C. Schwartz Daniel L. Crawford Tulsa, OK Donald Clinton Lane Blane Horton Crutchfield Mobile, AL Alexander Fillmore Lankford, III Thomas C. Damico Baton Rouge, LA Bob H. Hester Laurence Burrows Los Angeles, CA Nikola Mario Donoghue Mikulicich Richard T. Donovan Little Rock, AR Vincent Foster, Jr. Jenny Anne Durkan Washington, DC Kevin Taylor Baine Preston Easley San Pedro, CA Sidney A. Stutz Louis J. Fanti West Chester, PA Joseph Francis Wusinich, III Lewis C. Fichera Woodbury, NJ Carmen A. Malignaggi Lucinda Margaret Finley Buffalo, NY Marjorie Girth Melanie Fisch Ontario, CA George W. Porter Michael R. Fruehwald Indianapolis, IN James A. Strain John Daniel Fuchs, Jr. Los Angeles, CA Robert D. Anderson Kenneth E. Futch Blackshear, GA Joseph Rendleman Bankoff Philip Joseph Giannuario Montclair, NJ John E. Garippa Joseph Wesley Gibbs Nashville, TN Patricia Head Moskal

J. Michael Gray Roanoke, VA Jamie Britton Aliperti Lloyd M. Green Brooklyn, NY Stuart M. Gerson Mark Stephen Grotefeld Chicago, IL William Sven Grotefeld 258 MONDAY. NOVEMBER 13. 1990

Applicant City and State Movant

Barry H. Hart Phoenix, AZ Gregory Anthony Bartolomei Peter Herman New York, NY Stephen B. Moldof

Lawrence Ivan Horowitz Yorktown, NY Arthur I. Lee Dana D. Howells Los Angeles, CA Richard J. Simmons John Hatch Hughes Lafayette, LA Joel E. Gooch Matthew David Jones Melrose, MA Daniel Givelber Theodor S. Kantor Rochester, NY William D. Eggers Harold Edward Kaplan Fort Lauderdale, Jeffrey E. FL Streitfeld Charles K. Kebodeaux Beaumont, TX John G. Tucker Clive J. Kemp Santa Ana, CA James L. Crandall Glen Franklin Koontz Alexandria, VA Martin William Bercovici

David Dixon Manweiler Boise, ID Howard I. Manweiler Nancy Bellhouse May Little Rock, AR Charles T. Coleman

James J. McHugh Jr. Philadelphia, PA Lawrence Grover McMichael Randal Scot Milch Washington, DC Mitchell Rogovin Jay Michael Nadlman Kansas City, MO Gerald D. Morris JoNel Newman New Haven, CT Janet Bond Arterton Maria Delgaizo Noto Matawan, NJ Noah Jacob Gordon Bernard J. O'Donnell Wilmington, DE Brian J. Bartley Thomas Russell Quinn Philadelphia, PA James A. Strazzella Peter Ray Ramsberger St. Petersburg, Glenn M. FL Woodworth Rolando L. Rios San Antonio, TX George Joseph KorbelT7" 1 1 David Stephen Roden Washington, DC John H. Kaul

Jack I. Samet Los Angeles, CA Murray M. Fields Robert Andrus Sanregret Santa Ana, CA Michael Gordon York MONDAY. NOVEMBER 13. 1990 259

Applicant City and State Movant

Thomas M Saunders Shaker Heights AnthonvilXllllVll > MI'l • OH Lorusso Ronald James Shaw San Antonio, TX Barry Snell

John Pipharr] .Tr* Panama Cli'tv 1 J LvrmJ 1-Ticrhv Smoak CillClillCl PL l 1111 Cv_y • X wlL V , X V 111c U V

ViVtV1LLUInv xv.K OUlicXSnffpr NpwIN C W YorkXUIxY, INNYX OLdliit:Stanlpv\ XP .

OCIIZjISal7manlldl J

ollclli 1V1. Olalli XXdlHaroldUiU

1 1 1T\\ ra1 Ct LI 1L h1 iaia m1 1 prVT1

John Michael Stuart Duncan OK IvwU^lRobertLk 1X1U11Alan Rayitz Jflirips Pnsspll Tupker Dallas TX .Tamp^ G Vptfpr* Jr.

Johntj Willi XX*A VosT wo GrandVJl C4i.l\X XRanidsV \X YJ 1 VIO a MII'll Davidis a > i v i xxiciiiAlan x.-'wwi&tDodfp

O alia. Xj villi VV dlxvcl X IdLlLdo, IN 1VX oUoctii ivxdi y

WiT T lllldlllo1 1 i a m Pnnalrl P Avntfp xydiiici xv. vv ctiicii OCdl UUI UUgllj 1tXX_j XVUIidiU. X_i . A VULLc, Sr

SudankJUoall P!l—i. AA/pinpvV¥ C111C1 liCVVMow YorkX KJL XV, 1NY1 X Diskant Bryan Michael White Baton Rouge, LA Donald Lee Beckner Donald E. White Pomona, CA John D. Lueck

Opinion

No. 89-5120. Michael Owen Perry, Petitioner v. Louisiana. On writ of certiorari to the 19th Judicial District Court of Louisiana, Criminal Section V. Judgment vacated and case remanded to the 19th Judicial

District Court for further consideration in light of Washington v. Harper, 494 U.S. (1990). Opinion per curiam. Justice Souter took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Lisa M. Rubin New York, NY Israel Rubin Mary Incontro Washington, DC Michael C. Rainone 260 MONDAY. NOVEMBER 13. 1990

Applicant City and State Movant

Maria Cassalia Kersten Washington, DC Michael C. Rainone Denis L. Ventriglia Washington, DC Michael C. Rainone Theodore John Ansani Park Ridge, IL Michael C. Rainone Daniel R. Ansani Park Ridge, IL Michael C. Rainone Salvatore Bruno Boston, MA Michael C. Rainone Lynne Ann Battaglia Baltimore, MD Michael C. Rainone Nicholas M. Fausto Philadelphia, PA Michael C. Rainone Mark N. Sirangelo Alexandria, VA Michael C. Rainone Antionette Albanese Gallo New York, NY Michael C. Rainone Ronald V. Zezima New York, NY Michael C. Rainone Nicholas Casamento Philadelphia, PA Michael C. Rainone Bruce M. Dolfman Philadelphia, PA Michael C. Rainone Sebastian M. Rainone Philadelphia, PA Michael C. Rainone Ernest N. Abate Stamford, CT Francis John Lorson Livia DeFilippis Barndollar Stamford, CT Francis John Lorson Melvin Lee Bloomenthal Stamford, CT Francis John Lorson Ronald Osburn Dederick Greenwich, CT Francis John Lorson

Vincent J. Freccia III Stamford, CT Francis John Lorson Charles W. Grimes Stamford, CT Francis John Lorson MONDAY. NOVEMBER 13. 1990 261

Applicant Citv and State Movant

Mark F. Katz Stamford, CT Francis John Lorson Christopher P. Meyering Greenwich, CT Francis John Lorson Helene A. Pepe Stamford, CT Francis John Lorson Mark Alexander Sank Norwalk, CT Francis John Lorson Michael Sherman Stamford, CT Francis John Lorson Richard H. Stein Stamford, CT Francis John Lorson Susan L. Stratton Stamford, CT Francis John Lorson Louis Volpintesta Jr. Stamford, CT Francis John Lorson Steven M. Warren Norwalk, CT Francis John Lorson Stewart Roger Finder Stamford, CT Francis John Lorson Kathleen Quinn Abernathy Washington, DC Sal y Katzen Rudolfo Mario Lujan Baca Washington, DC Sal y Katzen Mark Van Bergh Washington, DC Sal y Katzen Irene Bleiweiss Arlington, VA Sal y Katzen James Steven Blitz Silver Spring, MD Sal y Katzen Timothy J. Cooney Arlington, VA Sal y Katzen John Crigler Washington, DC Sal y Katzen Rebecca Louise Dorch Wahington, DC Sal y Katzen Kimberly Ann Godwin Bethesda, MD Sal y Katzen Dean George Hill Washington, DC Sal y Katzen Margot Smiley Humphrey Washington, DC Sal y Katzen Alexander P. Humphrey IV Washington, DC Sal y Katzen John Francis Kamp Washington, DC Sal y Katzen Marsha J. MacBride Washington, DC Sal y Katzen Kenneth Douglas Patrich Washington, DC Sal y Katzen Lawrence Roberts Washington, DC Sal y Katzen Meredith S. Senter Jr. Washington, DC Sal y Katzen Lee W. Shubert Washington, DC Sal y Katzen 262 MONDAY. NOVEMBER 13. 1990

Applicant City and State Movant

Christine Vivian Simpson Washington, DC Sa lly Katzen Catherine Reiss Sloan McLean, VA Sa Lly Katzen

Merilyn Mangum Strailman McLean, VA Sa lly Katzen Michael Deuel Sullivan Washington, DC Sa lly Katzen Mary Price Taylor Greensboro, NC Sa lly Katzen Melodie A. Virtue Washington, DC Sa lly Katzen Michael Roger Carper Washington, DC Sa lly Katzen Ann Bavender Washington, DC Sa lly Katzen Eric J. Malinen Washington, DC Sa lly Katzen Anne Goodwin Crump Alexandria, VA Sa lly Katzen

Steven Leigh Kessler New York, NY Sa lly Katzen Andrew Jeffrey Siegel New York, NY Sa lly Katzen Barry David Skidelsky New York, NY Sa iy Katzen Audrey Lynn Allison Washington, DC Sa ly Katzen Jodi Lin Cooper Washington, DC Sa iy Katzen Pamela Colabella Cooper Arlington, VA Sa iy Katzen Olga Lydia Madruga-Forti Washington, DC Sal iy Katzen

Adjourned until Monday, November 26, 1990 at 10 o'clock. x

No. 8, Original. State of Arizona, Plaintiff v. States of California, et al. It is ordered that Frank McGarr, Esquire, of Chicago, Illinois, be appointed Special Master in place of Robert B. McKay, deceased. The Special Master shall have authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceed- ings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit such re- ports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, tech- nical, stenographic, and clerical assistants, the cost of printing his re- port, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct. Justice Marshall took no part in the consid- eration or decision of this order. (JOURNAL) THURSDAY, NOVEMBER 15, 1990 263 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. 90-767. Cable News Network, Inc., et al., Petitioners v. Manuel Antonio Noriega and United States. The application for stay of orders of the United States District Court for the Southern District of Florida presented to Justice Kennedy is referred to the Court. Respondents are directed to file with the Clerk of the Court responses to the application for stay and petition for a writ of certiorari, together with proof of serv- ice, on or before noon, Saturday, November 17, 1990. Responses may be filed in typewritten form to be replaced with copies prepared in con- formity with Rule 33 as soon as possible thereafter.

(JOURNAL) FRIDAY. NOVEMBER 16. 1990 265 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-360. Raymond Robert Clark, Applicant v. Richard L. Dugger, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Marshall.

(JOURNAL) SUNDAY. NOVEMBER IS. 1990 267 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 90-767. Cable News Network, Inc., et al., Petitioners v. Manuel Antonio Noriega and United States. The application to stay restraining orders of the United States District Court for the Southern District of Florida presented to Justice Kennedy and by him referred to the Court is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting opinion by Justice Marshall with whom Justice O'Connor joins.

Orders in Pending Cases

No. A-377. Raymond Robert Clark, Applicant v. Florida. The appli- cation for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting state- ment by Justice Marshall.

No. A-378. Raymond Robert Clark, Applicant v. Richard L. Dugger, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. Dissenting statement by Justice Marshall.

(JOURNAL) TUESDAY. NOVEMBER 20, 1990 269 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 90-6166. David A. Mapes, Petitioner v. Ohio. The application for stay of execution of sentence of death presented to Justice Stevens and by him referred to the Court is denied. The petition for a writ of cer- tiorari to the Court of Appeals of Ohio, Cuyahoga County, is denied. Dissenting statement by Justice Marshall.

(JOURNAL) MONDAY. NOVEMBER 26. 1990 271 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 89-1667. Jay Palmer, et al., Petitioners v. BRG of Georgia, Inc., et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for writ of certiorari is granted. The judgment is reversed and the case is remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Mar- shall. Justice Souter took no part in the consideration or decision of this case.

Certiorari— Summary Disposition

No. 90-5375. Marshall Ellis, Petitioner v. Oklahoma. On petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma. The motion of petitioner for leave to proceed in forma pauperis and the pe- tition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Criminal Appeals of Oklahoma for further consideration in light of Grady v. Corbin, 495 U.S. (1990).

Orders in Pending Cases

No. — . Robert C. Powell, Petitioner v. Martin Marietta Energy Systems, Inc. The motion to direct the Clerk to file an out-of-time appli- cation for extension of time within which to file a petition for a writ of certiorari is denied.

No. — . Lewis E. Williams, Petitioner v. Theodore Koehler. The motion to direct the Clerk to file a petition for a writ of certiorari, out- of-time, is denied.

No. A-363. Willie Hunter, Jr., Applicant v. Fox McKeithen, Secre- tary of State of Louisiana, et al. The application for an injunction and stay pending appeal from the United States District Court for the Western District of Louisiana, presented to Justice Scalia and by him 272 MONDAY. NOVEMBER 26. 1990 referred to the Court, is denied. Justice Marshall and Justice Stevens would grant the application. No. D-692. In the Matter of Joseph Kalk. Joseph Kalk, of Cleveland, Ohio, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admit- ted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on April 4, 1988, is hereby discharged.

No. D-919. In the Matter of Disbarment of John A. Nichols. Disbar- ment order entered.

No. D-952. In the Matter of Disbarment of John W. Porter, Jr. It is ordered that John W. Porter, Jr., of San Diego, California, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-953. In the Matter of Disbarment of Irving Alan Kanarek. It is ordered that Irving Alan Kanarek, of Santa Ana, California, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-954. In the Matter of Disbarment of Virgil D. Dohe. It is or- dered that Virgil D. Dohe, of Aurora, Colorado, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. Ill, Original. State of Delaware, Plaintiff v. State of New York The motion of Alaska and Vermont for leave to file a complaint in inter- vention is referred to the Special Master. The motion of Maryland for leave to file a complaint in intervention is referred to the Special Master.

No. 90-113. Clinchfield Coal Company, Petitioner v. Director, Of- fice of Workers' Compensation Programs, United States Department of

Labor, et al.; and

No. 90-114. Consolidation Coal Company, Petitioner v. Director, Of- fice of Workers' Compensation Programs, United States Department of

Labor, et al. The motion of the Solicitor General to dispense with print- ing the joint appendix is granted.

No. 89-1948. Encore Associates, Inc., et al., Petitioners v. Willard C. Shiner, et ux. The motion of respondents for damages is denied. Jus- tice Souter took no part in the consideration or decision of this motion. MONDAY. NOVEMBER 26. 1990 273

No. 90-143. Connecticut and John F. Digiovanni, Petitioners v.

Brian K. Doehr. The motion of Connecticut Bankers Association, et al. for leave to file a brief as amici curiae is granted.

No. 90-549. Clifton R. Wharton, Jr., etc., et al., Petitioners v. Er- nest F. Dube. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-5319. Paul McNeil, Petitioner v. Wisconsin. The motion for appointment of counsel is granted and it is ordered that Gary M. Luck, Esquire, of Milwaukee, Wisconsin, is appointed to serve as counsel for the petitioner in this case.

Certiorari Granted

No. 90-50. Ellis P. Gregory, Jr. and Anthony P. Nugent, Jr.,

Judges, Petitioners v. John D. Ashcroft, Governor of the State of Mis- souri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 90-350. Jeanne Farrey, fka Jeanne Sanderfoot, Petitioner v. Gerald J. Sanderfoot. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 90-89. International Primate Protection League and its Mem- bers, et al., Petitioners v. Administrators of Tulane Educational Fund, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit granted limited to Question 1 presented by the petition.

No. 90-149. Michigan, Petitioner v. Nolan K. Lucas. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Michigan granted.

Certiorari Denied

No. 89-7731. Samuel L. Sommer, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 89-7826. Ruth Turner, Petitioner v. District Board of Trustees of Miami-Dade Community College, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-90. Martin J. Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 274 MONDAY. NOVEMBER 26. 1990

No. 90-181. Anders Migdaleck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-196. State Salvage, Inc., et al., Petitioners v. Superior Court of California, County of Los Angeles (John Van de Kamp, Attorney General of California, Real Party in Interest). Petition for writ of cer- tiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-201. Colonial Village, Inc., Petitioner v. Girardeau A. Spann, et al; and

No. 90-202. Mobil Land Development Corporation, Petitioner v. Gi- rardeau S. Spann, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-206. Linda Backiel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-270. Susan Brandt, et al, Petitioners v. Chalkboard, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-309. Anne M. Hart, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-354. Sarah Elizabeth Frey, et al., Petitioners v. William K. Reilly, Administrator, Environmental Protection Agency. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-361. Kenrich Petrochemicals, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-374. William Downs, Petitioner v. Lauro F. Cavazos, Secre- tary, Department of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-376. Ricky Wayne Gordon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-379. Paul Fisher, et ux., Petitioners v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. NOVEMBER 26. 1990 275

No. 90-395. Roger Endell, Commissioner, Alaska Department of

Corrections, Petitioner v. Michael T. Smith. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-405. Charles A. Gower, Trustee, Petitioner v. Farmers Home Administration. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-436. Roosevelt Daniels, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-476. Wyeth-Ayerst Laboratories Division of American Home

Products Corporation, Petitioner v. Michelle Graham, an Infant Under the Age of 18 Who Sues By Her Parents, Guardians and Next Friends, Charles Graham, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-517. Hinshaw Music, Inc. and Gilbert M. Martin, Petitioners v. William L. Dawson. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-519. Jay D. Hirsch, Petitioner v. Oakeley Vaughan Under- writing, Limited, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-521. Emanuel M. Comora, et ux., Petitioners v. Irvin Radell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-523. Bryan W. Nicolle-Wagner and Rachelle J. Nicolle-Wag- ner, Petitioners v. County of Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 90-527. Brower's Moving & Storage, Inc., Petitioner v. C. Vic- tor Benson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-531. Robert Woods, Petitioner v. Louis Rosenberg, Judge, United States District Court for the Western District of Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-532. Ira Banks, Petitioner v. Sterling Merchandise, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-534. Mary J. Waller, Petitioner v. Provident Life & Accident Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 276 MONDAY. NOVEMBER 26. 1990

No. 90-536. John Gard, et al., Petitioners v. Wisconsin State Elec- tions Board, et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 90-541. Lonnie B. Rupert, Petitioner v. Macon W. Gravlee, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-542. American Medical Association, Petitioner v. Chester A. Wilk, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-544. Louisiana Patient's Compensation Fund, Petitioner v. Wally Eugene Stuka, et ux. Petition for writ of certiorari to the Su- preme Court of Louisiana denied.

No. 90-545. Saud ben Abdul Aziz, Petitioner v. CTA. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-554. Jack R. Thomas, Petitioner v. Garrett Corporation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-556. Francis Daley, Robert Kalvinek and Edward Cahill, Pe- titioners v. City of Hartford. Petition for writ of certiorari to the Su- preme Court of Connecticut denied.

No. 90-561. Henry G. Toupal, Petitioner v. Norma R. Toupal. Peti- tion for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 90-562. Monica Getz, Petitioner v. Stanley Getz. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 90-564. Harry Morgan, Petitioner v. ANR Freight System, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-565. Melvin W. Krizak, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-566. Joseph Humenik, Petitioner v. Owens-Corning Fiber- glas Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-568. N. Denney Crisp, et ux., Petitioners v. Charles E. Rubin, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY. NOVEMBER 26. 1990 277

No. 90-569. NAACP, Detroit Branch, et al., Petitioners v. Detroit

Police Officers Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-570. Kenneth L. McGinnis, Petitioner v. James Rose. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-571. Jackson Leeds, Petitioner v. Robert A. Mosbacher, Sec- retary of Commerce, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-573. Armistead Homes Corporation, Petitioner v. Karen Pinchback. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-574. Midland Enterprises, et al., Petitioners v. Pillsbury

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-576. Philippines, Micronesia & Orient Navigation Company,

Petitioner v. NYSA-ILA Pension Trust Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-580. Kondian R. Rajaram, Petitioner v. International Typo- graphical Union, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-585. Donald E. Williams, Commissioner of Department of

Motor Vehicles of Virginia, et al., Petitioners v. Saturn Distribution Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-587. Cone Corportation, et al., Petitioners v. Hillsborough

County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-591. William B. Young, Jr. et al., Petitioners v. New York

City Transit Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-592. Richard R. Stenclik, etux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-596. Thomas O. Canitia, Petitioner v. Yellow Freight Sys- tems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 278 MONDAY, NOVEMBER 26. 1990

No. 90-597. Robert C, et ux., Petitioners v. Miguel T. and Louise N. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-599. Robert L. Fiacco, Petitioner v. City of Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-601. Edward G. Webb, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-612. Norman S. Adams, et ah, Petitioners v. Avondale Indus- tries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-623. Darrell S. Claspill, Petitioner v. Missouri Pacific Rail- road. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 90-624. Edison Homes,"Inc, formerly Ardmor, Inc., Petitioner

v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-629. Dillard E. Kelley, Sr., Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied.

No. 90-632. Caesar Electronics, Inc., Petitioner v. Fairchild Semi- conductor Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-642. 1903 Obscene Magazines, etc., et al, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-648. Claude Rodriguez, Petitioner v. General Motors Cor-

poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-651. Michael E. Plunkett, et al.. Petitioners v. Federal De-

posit Insurance Corporation, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-658. Green Drugs, et al, Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-670. DFW Metro Line Services, Petitioner v. Southwestern Bell Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. NOVEMBER 26. 1990 279

No. 90-679. Cheney Railroad Company, Inc., Petitioner v. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-682. Richard Kelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-687. Oscar Theodore Polk, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-689. Joseph A. Kraus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-5116. Terri Ann Meitinger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5140. Ronald Price, Petitioner v. Dorcas Hardy. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5161. Anthony Bruce Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5199. Michael G. Coody, Petitioner v. A. G. Thomas, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-5295. Thomas J. Twine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5321. David James Perris, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 90-5363. George Perry Pollack, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5383. Sidney Wort hen, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-5408. James Grimes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 280 MONDAY. NOVEMBER 26. 199(

No. 90-5415. Jerome T. Bledsoe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5422. Phillip Dale Selfa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5483. Steven Mitchell, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5489. Benjamin Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5510. Larry R. Ketchens, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Cir- cuit, denied.

No. 90-5523. Eric Yates, Petitioner v. Memphis Bakery Employers

Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5544. Peter R. Johl, Petitioner v. Ellen A. Peters, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5546. Mohammed Farhad Khorrami, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5612. Francisco Rodrigo Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5631. Mark Hughes, Petitioner v. Arthur Leonardo, Superin- tendent, Green Meadows Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5633. David Meadows, Petitioner v. Carl Legursky, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5644. Jitendra Panchal and Jagadish Panchal, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5649. Marcelino Rubio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. NOVEMBER 26. 1990 281

No. 90-5714. John Jairo Arias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5755. Raymond H. Hertel, et al., Petitioners v. Federal Land Bank of St. Louis. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5822. R. Joseph Greene, Petitioner v. Edwin Meese, Former

Attorney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5825. Paul Fazzini, Petitioner v. Glen Henman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5826. Kasib Tauheed Bilal, Petitioner v. A. L. Lockhart, Di- rector, Arkansas Department of Correction. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5830. Clifford Delane Davis, Petitioner v. Raymond Hayes,

Superintendent, Franklin Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 90-5831. Franklyn S. Weisgerber, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5833. James Cook, Petitioner v. Florida Parole Commission. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 90-5834. Sharon Myrl van Leeuwen and W. W. J. van Leeuwen,

Petitioners v. Robert W. McCorkindale, Circuit Judge, Arkansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5841. Cornelio X, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5848. Albert Claude Parker, Petitioner v. J. W. Fairman,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5855. Mary Juanita Sellers, Petitioner v. Delgado College, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 282 MONDAY. NOVEMBER 26. 1990

No. 90-5861. Bill Herron, Petitioner v. MacArthur Woodruff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5866. Jo-Ann Marshburn, Petitioner v. Meredith T. Richard- son, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5868. James Duane Haywood, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-5869. Hubert Ferrier, Petitioner v. Jack R. Duckworth, Su- perintendent, Indiana State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5870. Wilma Ringgold, Petitioner v. Shell Chemical Com- pany, Geismar, Louisiana, A Division of Shell Oil Company, Incorpo- rated. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5871. Hein De Jong, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 90-5874. John Lee Boyd, Petitioner v. Steve W. Puckett, Super- intendent, Mississippi State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5876. Zachary Winfield Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5877. Kenneth G. Thompson, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5880. Edward A. Ganey, Jr., Petitioner v. Aaron J. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5885. Michael Sindram, Petitioner v. Johnathon T. Moran, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5888. Eugene Keith Sulie, Petitioner v. Jack R. Duckworth,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. NOVEMBER 26. 1990 283

No. 90-5890. Akili S. Amen-Ra, aka Johnnie Tasby, Petitioner v. Gary Adams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5892. Roy Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5899. Kathleen Cogis Howell, Petitioner v. California. Peti- tion for writ of certiorari to the Appellate Department, Superior Court of California, County of Los Angeles, denied.

No. 90-5901. Antonio L. Bullock, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5908. Thomas Frank Moreno, Petitioner v. California. Peti- tion for writ of certiorari to the Appellate Department, Superior Court of California, County of Los Angeles, denied.

No. 90-5910. Karen Lynne Smith Harper, Petitioner v. Dale Bump- ers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5911. Gregory Kelly, Petitioner v. Charles Zimmerman, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5916. Micheal A. Johnson, Petitioner v. Gladys Mack. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5920. E. N. Gilbertson, Petitioner v. Rebecca E. Walker, et al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, Fourth District, denied.

No. 90-5934. Judy A. Henderson, Petitioner v. Bryan Goeke, Super- intendent, Renz Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

T No. 90-5953. Dewayne W . Waters, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 90-5954. John Stuart Robertson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5955. James Allen White, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 284 MONDAY. NOVEMBER 26. 1990

No. 90-5956. Elwood Williard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5957. Ted F. Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5960. George H. Croft, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5963. Curtis J. Delahoussaye, Jr., Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5975. Douglas Wayne Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5976. Raymond T. Pryer, Petitioner v. Charles H. Zimmer- man, Superintendent, State Correctional Institution at Waymart. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5984. Eddie Lee Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5986. Mattie Louise Avery, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5989. Emigdio Aponte-Suarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5990. Alan J. Allery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5995. Robert James Bruning, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5996. Jorge Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, NOVEMBER 26. 1990 285

No. 90-5997. Ramon Gregorio Salazar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5998. Howard Emmett Horsley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6003. Victor Alvarez, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6005. Loretta Walton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6009. Cornelius Snow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6010. Frank Buckley, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6016. Trudie Weddle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6017. Alvin Shields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6021. Timothy Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6023. Robert V. Gadson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6036. Johnny "Mac" Harper, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6039. Douglas Knight, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 286 MONDAY. NOVEMBER 26. 1990

No. 90-6042. Lucius King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6045. Donald Bennett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6052. Becky Marie Shellman, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6062. Jimi Lamar Birge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6063. Frank Polk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6066. Darryl Glenn Malin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6074. Robert Gabay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6081. Hector Mario Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6084. Ricardo Villegas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-6088. Mark Albers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6095. Alberta Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6106. Dennis Bryant Darner, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6108. Johnie D. Ford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. NOVEMBER 26. 1990 287

No. 90-345. Richard L. Dugger, Secretary, Florida Department of

Corrections, et al., Petitioners v. Jack Stanley Towne. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-360. Nuclear Management and Resources Council, Inc., Peti- tioner v. Public Citizen, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit de- nied. Justice White would grant certiorari limited to Question 2 pre- sented by the petition. No. 90-387. Lion Uniform, Inc., Janesville Apparel Division, Peti- tioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 90-551. McEvoy Travel Bureau, Inc., Petitioner v. Heritage

Travel, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-555. Michael R. Wood, Petitioner v. Alameda County Supe- rior Court, et al. The motion of petitioner to consolidate this case with No. 90-661, Wood v. Alameda County Superior Court, is denied. Peti- tion for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-572. Wilson Sporting Goods Co., Petitioner v. David Geoffrey & Associates, dba Slazenger, et al. The motion of respondents to seal Rule 29.1 listing is granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-5100. Glenn Ford, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting state- ment by Justice Marshall.

No. 90-5541. Derick Peterson, Petitioner v. Edward W. Murray, Di- rector, Virginia Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-5716. Paul Alfred Brown, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Marshall.

No. 90-5839. Betty Lou Beets, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissent- ing statement by Justice Marshall. 288 MONDAY. NOVEMBER 26. 1990

No. 90-5949. Richard Barry Randolph, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Dis- senting statement by Justice Marshall.

No. 90-5628. George E. Kinney, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services; and Roger J. Plourde, Peti- tioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice White would grant certiorari.

No. 90-6070. Israel G. Grossman, Petitioner v. United States. The motion of petitioner to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Mandamus Denied

No. 90-5891. In Re Henry V. Geurin, Petitioner. The petition for writ of mandamus is denied. No. 90-6085. In Re Charles C. Douglass, Petitioner. The petition for writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 89-7873. Carl D. McQuillion, Petitioner v. Ron Koenig, Chair- man, California Board of Prison Terms. The petition for rehearing is denied.

No. 89-1588. Curtis L. Wrenn, Petitioner v. Ohio, et al.;

No. 89-1708. James T. Kouno, Petitioner v. Oregon State Board of

Higher Education, et al.; No. 89-1790. Amy McCain, a Minor, By Her Next Friend William R.

McCain, et al, Petitioners v. Houston Independent School District, et al.;

No. 89-1847. Jacquelyn F. Jones, Petitioner v. Turner Broadcasting System, Inc.;

No. 89-1945. Laurine Brown (LaMar), Petitioner v. Fox Valley & Vi- cinity Construction Workers Pension Fund, et al.;

No. 89-1950. Ross A. Phillips, Petitioner v. United States Depart- ment of Agriculture, Forest Service;

No. 89-1966. Richard A. Banks, Petitioner v. H. Lawrence Garrett, III, Secretary of the Navy;

No. 89-2022. Mary A. Vogel, Petitioner v. Mark J. Ellis;

No. 89-2028. Richard Lee Sands, Petitioner v. Kentucky; MONDAY. NOVEMBER 26. 1990 289

No. 89-7188. Thomas Mitchell Deboue, Petitioner v. Louisiana;

No. 89-7349. Winston Willis, Petitioner v. First Bank National Association;

No. 89-7355. Larry Eyler, Petitioner v. Illinois;

No. 89-7430. Mumia Abu-Jamal, Petitioner v. Pennsylvania;

No. 89-7493. Eugene L. Goad, Petitioner v. Terry L. Morris, Warden;

No. 89-7526. Kenneth W. Evans, Petitioner v. United States Postal

Service, et al.;

No. 89-7570. John Michael Davis, Petitioner v. Ralph Kemp, Warden;

No. 89-7574. Ronald Pryor, Petitioner v. Deborah Allen, etc.;

No. 89-7578. Bernard Harris, Petitioner v. Thomas J. Burdorff;

No. 89-7603. Robert Leppaluoto, et ux., Petitioners v. United States;

No. 89-7614. Doris E. Wyatt, Petitioner v. Louis W. Sullivan, Secre- tary, Health and Human Services;

No. 89-7615. Winston Willis, Petitioner v. First Bank National Association;

No. 89-7616. James L. Pitts, Petitioner v. Georgia;

No. 89-7638. Willie James Hall, Petitioner v. Georgia;

No. 89-7695. Jack Frost, Petitioner v. California;

No. 89-7744. James Edward Anderson, Petitioner v. Robert G.

Borg, Warden, et al.;

No. 89-7793. Richard Dean McMillin, Petitioner v. Missouri;

No. 89-7843. Ray Stamey, Petitioner v. Georgia;

No. 90-2. Marshall P. Safir, Petitioner v. Prudential Insurance Com- pany of America., et al.;

No. 90-8. Curtis L. Wrenn, Petitioner v. Board of Directors, Whit- ney M. Young, Jr. Health Center, Inc., et al.;

No. 90-58. Michael Lynn Smith, Petitioner v. United States;

No. 90-86. Earlene Polyak, Petitioner v. Jim Hamilton, Judge, Chancery Court of Lawrence County, Tennessee; No. 90-116. Delbert Neil Helm, dba Bills Green Light Auto Parts,

Petitioner v. Mid-America Industries, Inc.;

No. 90-156. Robert B. Machen, Petitioner v. United States;

No. 90-177. Betty P. Douthwaite, Petitioner v. Virginia; 290 MONDAY. NOVEMBER 26. 1990

No. 90-188. International Consulting Services, Inc., Petitioner v. Richard K. Gilbert;

No. 90-265. Peter G. Stack, Petitioner v. United States;

No. 90-313. Earlene Polyak, Petitioner v. Frank Hulen, et al.; and

Earlene Polyak, Petitioner v. William Boston, et al.;

No. 90-362. Avis J. Smith, Petitioner v. United States Air Force;

No. 90-5002. James W. Moore, Petitioner v. Trump Casino Hotel; No. 90-5037. Barney L. Byrum, Elizabeth Byrum as Guardian of

Spencer Nathaniel Byrum, Individually, Petitioners v. Michael Grimes and Thomas Burton;

No. 90-5052. Susan G. Madden, Petitioner v. James S. Thorburn, et al.;

No. 90-5066. Nathson Fields, Petitioner v. Illinois;

No. 90-5068. Clara Winston, Petitioner v. Mitchell Kossoff;

No. 90-5070. Daries Sherrills, Petitioner v. Norris McMackin, Warden;

No. 90-5076. Jay Street, Petitioner v. Dale Foltz, Warden;

No. 90-5095. Morris May, Petitioner v. Federal Communications Commission;

No. 90-5098. Leonida Lidman, Petitioner v. Newark Redevelopment and Housing Authority, et al.;

No. 90-5109. W'illiam Franklin, Petitioner v. Illinois;

No. 90-5125. Martin Neil Brawley, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice; No. 90-5131. Ben W. Allustiarte and Linda M. Allustiarte, Petition- ers v. W. Austin Cooper;

No. 90-5148. Anthony Green, Petitioner v. South Carolina;

No. 90-5151. John Schmitz, Petitioner v. Lawrence Gibbs;

No. 90-5155. Rhonald Beverly, et ux., Petitioners v. United States;

T No. 90-5159. Leroy W afer, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice;

No. 90-5200. Irene Petrarca, Petitioner v. Romeo S. Picerne, Jr., et al.;

No. 90-5214. Qusan Qadhafi, Petitioner v. Virginia;

No. 90-5217. John Hightower, Petitioner v. Georgia;

No. 90-5236. Varnall Weeks, Petitioner v. Alabama;

No. 90-5240. Terry Michael Turner, Petitioner v. Harold Falk, Di- rector, Hawaii Department of Corrections, et al.; MONDAY. NOVEMBER 26. 1990 291

No. 90-5244. Bert Le Ward, Petitioner v. Guy H. Hunt, et al.;

No. 90-5245. Vincent X. Lee, Petitioner v. William M. Armontrout, Warden, et al.;

No. 90-5264. James W. Cotton, Jr., Petitioner v. New Mexico;

No. 90-5267. Makram Tadros, Petitioner v. D. Jackson Coleman, et al.;

No. 90-5307. Clarence Duke McGann, Petitioner v. Herbert Bider- man, et al;

No. 90-5328. Earl Hawkins, Petitioner v. Illinois;

No. 90-5341. Robert Leppaluoto, et ux., etc., Petitioners v. George Nazarian, etc.;

No. 90-5348. Audrey J. Getrost, Petitioner v. United States;

No. 90-5362. Joanne Rodriguez-Doshi, Petitioner v. General Serv- ices Administration, et al.;

No. 90-5388. Ricardo Beas, Petitioner v. California;

No. 90-5441. Susan G. Madden, Petitioner v. NBD Mortgage Com- pany, et al.; and

No. 90-5449. Ahsan Mohiuddin, Petitioner v. Alabama Department of Industrial Relations and USBI, Co. The petitions for rehearing are denied. Justice Souter took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant John William Abbott Yarmouth, ME David A. Soley Allen V. Adair Columbus, OH Richard Joseph Vickers

Ron Adkinson Henderson, TX J. Mark Mann Robert D. Agdern Chicago, IL William H. Emerson Glen Roscoe Anstine II Denver, CO D. Nick Caporale Charles A. Asher South Bend, IN David Thomas Ready Jess Askew III Little Rock, AR Phillip Carroll James Leonard Baker Jr. Marshall, NC James M. Baley Jr. Stephen E. Balogh III Rockford, IL John C. McCarthy 292 MONDAY. NOVEMBER 26. 1990

Applicant City and State Movant

Carl A. Becker Stamford, CT Ernest Fanwick Bruce Ward Bennett Miami, FL Howard Hill Bennett Daniel A. Bernath Culver City, CA John 0. Adams

Richard Selig Birnbaum White Plains, NY Domenick J. Porco Mitchell J. Birzon Setauket, NY Robert S. Blume Larry H. Blakely Hood River, OR Charles Thomas Smith Ronald Aaron Bloch Washington, DC Sherman Louis Cohn Pat Kerry Bowen Thousand Oaks, Kent M. Bridwell CA Mitchell S. Brody Wallingford. CT Carolyn K. Longstreth Thomas Michael Brown Los Angeles, CA Seth Martin Hufstedler Barbara Olson Bruckmann Richmond, VA Thomas G. Slater, Jr. Diane B. Burstein Washington, DC Bruce Douglas Sokler

James I. Campbell Jr. Washington, DC L. Peter Farkas Ann Louise Cheuvront Winchester, KY Rickie Leon Pearson Louis Michael Ching Honolulu, HI Armina Ann Ching Kenneth Bruce Clark Manassas, VA John W. Whitehead Robert Noel Clinard Richmond, VA Thomas G. Slater, Jr. Francis Joseph Connolly Minneapolis, MN Michael James Wahoske David Loren Corliss Lawrence, KS James Michael Kaup Mark S. Corman St. Louis, MO Paul Howard Schramm Brenda M. Cotter Boston, MA Barbara A. Lenk Carol L. Cox Miami, FL Steven Mishan MONDAY. NOVEMBER 26. 1990 293

Applicant City and State Movant

Catherine C. Czar Pacific Grove, CA Jeffrey M. Evans Robert Gardner Davies Miami, FL Robert Anthony Ginsburg David Lee Denkin Sarasota, FL Elliott C. Metcalfe, Jr. David B. Edwards San Antonio, TX Robert E. Hoblit Stephen Charles Fiebiger Minneapolis, MN David L. Piper J. Michael Fitzgerald Miami, FL John Kirk McDonald Jeffrey B. Fleck Youngstown, OH John Thomas DeFazio Emily Anne Franke Albuquerque, NM Paul Larry Butt David J. Gallo Dallas, TX Thomas McCaffrey Patricia Kruse Gillette San Francisco, CA Dane R. Gillette Mark Douglas Goranson Houston, TX Jeffrey Lloyd Joyce Thomas A. Grennan Omaha, NE Larry E. Welch Sanford Herbert Grohman Great Neck, NY Malcolm R. Goldstein Jeffrey B. Grohman Great Neck, NY Malcolm R. Goldstein Michael John Guglielmino San Francisco, CA Paul Eliot Rabin Ernest Hamilton Greenville, SC William Walter Wilkins, Jr. Boris Haskell Washington, DC Warren Niles Low Scott P. Hazen San Antonio, TX Robert E. Hoblit David Hill Henderson, TX J. Mark Mann Jay Townsend Hopkins Las Vegas, NV Rex A. Jemison Rex Houston Henderson, TX J. Mark Mann Richard L. Huff Ukiah, CA Barry Vogel Henry M. Jasny Washington, DC Katherine Anne Meyer Richard E. Jaudes St. Louis, MO Robert Owen Hetlage Paul William Jones Flint, MI Charles Robert Beltz .

294 MONDAY. NOVEMBER 26. 1990

Applicant City and State Movant

Gerald C. Jones TJL/llllfittlo XiULK,Pnnlr jrVXiA P PVnllirvr nuiip Powelloan on

A v> c\ \*aw7 ^ W onnn William E. Junell Jr. XlUUblUIl, 1 -A. -rVilUIcvv o. rldllcll

Wayne Alan Kalkwarf PnlnrnVnik;VyUiUIIlUUCi, J.l\ Ppnvcrp T T nno*

Peter A. Kast XPoiilaUl rjUVVlilT^H-iTrvn TToctXVdbL Jonathan Katz i\e\v ria\en, ui Ira B. Grudberg

Vicky Ogawa Kimbrell riiiania, u-fi Kay ^ . \ oung

Robert W. Kinkaid Jr. r lainview , l A lerry JJ. McEachern Andrew D. Koblenz Washington, DL Kicnara J

lvior v mo Duncan Brian Koler ban JJiego, LA Edward Carl w aiion Keil Marquis Larson Chicago, IL Kenneth Edward

IVlaliVTavmLUb>i c

William I. Lee OfcrdLLltr, V> r\ dallies HjIIIUI L/UUSCIlZi

Frank Rich Lindh wasnmgion, jerome ivi. r eii Clifton M. Lipman Memphis, TN Larry Kenneth Scroggs Jeffrey W. Loebl Ujai, ia James D. Loebl Mark Lawrence Thomas Seattle, WA Donald K. r iecK Lorbiecki P. Kathleen Lower Denver, u(J Janice Louise Lower Jeffery Mark Lynch New Orleans, LA David Anthony Dana

Estelle E. Mahoney Houma, LA rnuip hi. Henderson Robin Maisel Encino, CA uwen Aiexanaei Silverman D. Craig Martin Kalamazoo, MI Richard L. riaipert Howard W. Martin Laiaette, LA byron r. .L/egencire

Mark E. Martin \A/VV dblllllglUIl,oonirtrrfr\ri \JVjIII JToTTvoirclli C OLcpilcIlstonnon ty Berlin Cynthia Elaine Masters Houston, TX Claud B. Masters Philip A. Maurer Princeton Hugh H. Welsh Junction, NJ MONDAY. NOVEMBER 26. 1990 295

Applicant Citv and State Movant

Debra Kaye Mayfield Boston. MA Zachary R. Karol Malcolm Craig McKinnon Santa Ana, CA Devallis Rutledge Christine Louise Meuers Saint Paul, MN Steven E. Rau W. Donald Morgan Jr. Columbus, GA Cecil M. Cheves James P. Mueller Phoenix, AZ Bruce A. Taylor Pamela Paige Murphy- Phoenix, AZ Fred William Young Stork, III James Cecil Nobles Jr. Ludowici, GA Jeffery Lawrence Arnold Andrew A. Normandeau McLean, VA Francis W. Fraser Richard Joseph Osterman Washington, DC Henri F. Rush Jr. Linda Sorg Ostovitz Baltimore, MD Fred Howard Silverstein James W. Paulsen Houston, TX John L. Hill, Jr. Charles William Pautsch Milwaukee, WI Mark G. Flaherty Juan Jose G. Perez Columbus, OH Richard A. Frye Jane P. Perry Columbus, OH Shirley Adele Shank Scott Eliot Perwin Miami, FL Joel Stephen Persin Alfred Carroll Pfeiffer Jr. San Francisco, CA Donn P. Pickett Patricia V. Pierce Philadelphia, PA Sarah Mulder Thompson Sharon Cook Poorak Atlanta, GA John William Brent

R. Wayne Pr it chard El Paso, TX Jerome Michael Day James M. Ralls New Haven, CT Steven Merrill Allen Sellers Erich Phillip Rapp Baton Rouge, LA R. Gordon Kean, Jr. Robert E. Richards Chappell, NE Bernard L. Packett William G. Riggins Lawrence, KS Patrick Hackney Donahue Michael Lindsay Robinson Winston-Salem, James Howard NC Kellv, Jr. 296 MONDAY. NOVEMBER 26. 1990

Applicant City and State Movant

Edward S. Rooney Jr. Boston, MA George E. Donovan

Lawrence Rosenthal Chicago, IL Vincent J. Connelly Peggy Alayne Roston Anchorage, AK Frederick H. Boness Eric William Ruben Philadelphia, PA Samuel Hazard Gillespie, Jr. Alan M. Rubin New York, NY H. Elliot Wales Patrick Thomas Ryan Willoughby, OH John William Wiles Paul Lindsey Sadler Henderson, TX J. Mark Mann Mark Jeffery Sandlin Louisville, KY Elmer E. Morgan Stephen C. Scott Columbia, MO Nanette Kay Laughre John Russell Scott Rogers, AR Oliver Lee Adams, Jr. Richard A. Seid Detroit, MI Patrick A. Keenan Gerald T. Sekimura San Francisco, CA Karl A. Limbach William Golden Simpson Jr. Raleigh, NC Burton Craige Carol L. Smith San Francisco, CA Virginia Shaw Medlen Randolph Stewart Smith Jackson, MS Richard Lloyd Jr. Arnold Michael R. Snedeker Oakland, CA Lisa Short David Nabow Soloway Atlanta, GA Robert D. Feagin, III Carolyn Frazier Soloway Atlanta, GA John William Brent

Joan Squires-Lind Paris, France Donald I. Baker Louis J. St. Martin Houma, LA Philip E. Henderson Mary Ann Ross Stackhouse Gadsden, AL Larry H. Keener William Paul Stallsmith Jr. Norfolk, VA Jeffrey Stephen Berlin Christopher L. Stamos Seattle, WA Gordon S. Clinton Robert Mark Stone Los Angeles, CA Thomas E. Hill Virginia Strasser Washington, DC Henri F. Rush MONDAY. NOVEMBER 26. 1990 297

Applicant City and State Movant

Deborah A. Sudbury Atlanta, GA Gordon Lee Garrett, Jr. Douglas D. Sulkosky Tacoma, WA Carson F. Eller Costantino P. Suriano New York, NY Stuart Cotton Michael Paul Thomas Irvine, CA Lawrence William Dailey, Jr.

T Davis Walker Turner Nashville, TN Lee W ebb Campbell, II Ann G. Verber Philadelphia, PA Constance L. Abrams Gainer M. Waldbillig Salt Lake City, Ray R. UT Christensen

Frank Humphrey Walk Jr. New Orleans, LA Randolph J. Waits Scott Ross Wangsgard Salt Lake City, Samuel Alba UT Timothy Edward Welch Washington, DC Dean George Hill Marquis E. Whittington San Antonio, TX Morton W. Baird II Laurence H. Winer Tempe, AZ Ralph Simon Spritzer David Shaw Winton San Francisco, CA Michael H. Salinsky Mark Wolfe Tampa, FL Emmett Abdoney Harold Lee Wood St. Louis, MO Rand Elio Scopel John F. Wymer III Atlanta, GA Gordon Lee Garrett, Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant William Maxwell Hathaway Washington, DC Abbe David Lowell James A. Tricarico Jr. New York, NY Mahlon Mundell Frankhauser Stacey K. Edelbaum New York, NY Corrine Chaikin Edelbaum Janet Sue Woehl Reincke Alexandria, VA Francis Anthony Keating, II 298 MONDAY. NOVEMBER 26. 1990 Oral Arguments

No. 89-1793. United States, Petitioner v. Thomas M. Gaubert. Ar- gued by Mr. Stuart M. Gerson for the petitioner and by Mr. Abbe David Lowell for the respondent.

No. 89-1500. Business Guides, Inc., Petitioner v. Chromatic Commu- nications Enterprises, Inc. and Michael Shipp. Argued by Mr. Stephen V. Bomse for the petitioner and by Mr. Neil L. Shapiro for the respondents.

No. 89-1679. Summit Health, Ltd., et al., Petitioners v. Simon J. Pinhas. Argued by Mr. J. Mark Waxman for the petitioners, by Mr. Lawrence Silver for the respondent, and by Mr. Lawrence G. Wallace for the United States as amicus curiae, in support of the respondent, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. NOVEMBER 27. 1990 299 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1048. FMC Corporation, Petitioner v. Cynthia Ann Holliday. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Ste- vens. Justice Souter took no part in the consideration or decision of this case.

No. 89-1283. Arcadia, Ohio, et al., Petitioners v. Ohio Power Com- pany, et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment reversed and case re- manded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Concurring opinion by Justice Stevens with whom Justice Marshall joins. Justice Souter took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Edwin G. Foulke Jr. Columbia, SC Earl Rudolph Ohman, Jr. Harry Alan Sherr San Diego, CA Roger Carl Ohlrich Laurel Kirchhoff Bristow Providence, RI Steven E. Snow

Oral Arguments

No. 89-1330. International Organization of Masters, Mates & Pilots, et al., Petitioners v. Timothy A. Brown. Argued by Mr. W. Michael Pierson for the petitioners, by Mr. Paul Alan Levy for the respondent, and by Mr. James A. Feldman for the United States as amicus curiae supporting respondent, by special leave of Court. No. 89-1541. Roderick DeArment, Acting Secretary of Labor, Peti- tioner v. Occupational Safety and Health Review Commission, et al. 300 TUESDAY. NOVEMBER 27. 1990

Argued by Mr. Clifford M. Sloan for the petitioner and by Mr. John D. Faught for the respondents.

No. 89-1629. Salve Regina College, Petitioner v. Sharon L. Russell. Argued by Mr. Steven E. Snow for the petitioner and by Mr. Edward T. Hogan for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. NOVEMBER 28. 1990 301 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Admissions to the Bar on Oral Motions

Applicant City and State Movant Catherine Ann Stevens Anchorage, AK Theodore Fulton Stevens Harold L. North Jr. Chattanooga, TN Lee H. Goldberg Jeffrey K. Cymbler New York, NY Charles David Bock Stephanie Siegel Washington, DC Alice Neff Lucan James Watson Conrad Jr. Washington, DC Alice Neff Lucan Heyward Elliott McDonald Columbia, SC Paul March Smith

Oral Arguments

No. 89-1671. City of Columbia and Columbia Outdoor Advertising,

Inc., Petitioners v. Omni Outdoor Advertising, Inc. Argued by Mr. Joel

I. Klein, for the petitioners and by Mr. A. Camden Lewis for the respondent.

No. 89-1416. Air Courier Conference of America, Petitioner v.

American Postal Workers Union, AFL-CIO, et al. Argued by Mr. L. Peter Farkas for the petitioner, by Mr. Paul J. Larkin, Jr., for the fed- eral respondent supporting the petitioner, and by Mr. Keith E. Secular for the private respondent.

No. 89-1715. Cathy Burns, Petitioner v. Rick Reed. Argued by Mr. Michael K. Sutherlin for the petitioner, by Mr. Robert S. Spear for the respondent, and by Mr. Michael R. Lazerwitz for the United States, as amicus curiae, supporting respondent, by special order of Court.

Adjourned until Monday, December 3, 1990 at 10 o'clock. x

(JOURNAL) SATURDAY, DECEMBER 1. 1990 303 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Rehearing Denied

No. 90-5839. Betty Lou Beets, Petitioner v. Texas. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is denied. The petition for rehearing is denied. Justice Marshall would grant the application for stay of execution

(JOURNAL) MONDAY. DECEMBER 3. 1990 305 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-1125. Thorn Apple Valley, Inc., Petitioner v. Auto Club In- surance Association, etc. On petition for writ of certiorari to the Court of Appeals of Michigan. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Ap- peals of Michigan for further consideration in light of FMC Corporation v. Holliday, 498 U.S. (1990).

No. 90-308. John C. Pritchard, Petitioner v. National Transportation Safety Board. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The petition for writ of certio- rari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the National Transportation Safety Board filed November

8, 1990.

No. 90-5550. John Byron Cuffle, Petitioner v. John Avenenti, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of the position asserted by the Attorney General of Arizona in his brief for the respondents filed November 7, 1990.

Orders in Pending Cases

No. — . Robert F. Burson, Jr. v. Charles A. Moye, Jr., Judge. The motion to direct the Clerk to file a petition for a writ of certiorari, out- of-time, is denied. No. D-929. In the Matter of Disbarment of Robert E. Brimberry. Disbarment order entered. 306 MONDAY. DECEMBER 3. 1990

No. 89-1493. Air Line Pilots Association International, Petitioner v.

Joseph E. O'Neill, et al. The motion of Continental Airlines, Inc. for leave to file a brief as amicus curiae is granted.

No. 89-1632. California, Petitioner v. Hodari D. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. No. 89-1714. Harriet Pauley, Survivor of John C. Pauley, Petitioner v. BethEnergy Mines, Inc., et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. The motion of

Washington Legal Foundation, et al. for leave to file a brief as amici curiae is granted. The motion of Appellate Committee of the California District Attorneys Association for leave to file a brief as amicus curiae is granted.

No. 90-68. Eddie S. Ylst, Warden, Petitioner v. Owen Duane Nun- nemaker. The motion for appointment of counsel is granted and it is ordered that Juliana Drous, Esq., of San Francisco, California, is appointed to serve as counsel for the respondent in this case.

Certiorari Granted

No. 90-622. Florida, Petitioner v. Luz Piedad Jimeno and Enio Jimeno. Petition for writ of certiorari to the Supreme Court of Florida granted.

No. 90-516. Jill S. Kamen, Petitioner v. Kemper Financial Services,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted limited to Question 1 pre- sented by the petition.

Certiorari Denied

No. 89-7828. Arturo Delgadillo, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied.

No. 90-171. James Peter Nalbandian, Petitioner v. Superior Court of Arizona. Petition for writ of certiorari to the Court of Appeals of Ari- zona, Division One, denied.

No. 90-334. James N. Stephens, Petitioner v. Secretary, Depart- ment of Health and Human Services; and

No. 90-340. James N. Stephens, Petitioner v. Terry S. Coleman, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. DECEMBER 3. 1990 307

No. 90-409. Boston Ranch Company, et al., Petitioners v. Depart- ment of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-411. Trinity Industries, Inc., et al., Petitioners v. Roderick DeArment, Acting Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-433. Charles W. Butler, Petitioner v. Richard Thornburgh, Attorney General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-456. William K. Reilly, Administrator, Environmental Pro- tection Agency, et al., Petitioners v. Roberta Delaney, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-461. District of Columbia, et al.. Petitioners v. Lani Moore, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-557. Michael S. Cardwell, Petitioner v. Rockford Memorial

Hospital, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-583. Baxter Chrysler Plymouth, Inc., et al., Petitioners v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-589. Toro Company, Petitioner v. Whipple Van Ness Jones,

Jr. , et ux. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-595. Oscar Walker, Petitioner v. Priscilla M. Sawyer. Peti- tion for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 90-598. Robert L. Matthews, et al, Petitioners v. Alan Dibona, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-603. GTE Corporation, Petitioner v. David R. Williams, dba General Telephone. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-606. Elaine Lee, Petitioner v. C. Nguyen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-607. Carl G. Adams, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. 308 MONDAY. DECEMBER 3. 1990

No. 90-613. Black Crystal Company, Inc., Petitioner v. First Na- tional Bank of Louisville. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-614. Daniel J. Probasco, Petitioner v. Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 90-619. Mid-County Future Alternatives Committee and Peter

M. Smith, Petitioners v. City of Portland, et al. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 90-630. Wilbur K. Keating, etc., et al., Petitioners v. Nevada Employees' Assoc., Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-650. Ezzat Majd Pour, Petitioner v. Mississippi Medical Li- censure Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-657. Kemper Financial Services, Inc., Petitioner v. Jill S. Kamen. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-667. James A. Bringle, et ux., Petitioners v. Jule M. Sugarman, Secretary, Washington State Department of Social and Health Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-671. Edward D. Christensen, Petitioner v. Brent D. Ward, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-686. Christian Gospel Church, Inc., Petitioner v. City and County of San Francisco. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-697. Karl C. Mertz, Petitioner v. Louis Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-713. Murray Drabkin, Trustee of Auto-Train Corporation, aka Railway Services Corporation, Petitioner v. Alexander Grant & Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-725. Ella Sumlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5213. Michael Herbert Weaver, Petitioner v. Steve Puckett, Superintendent, Mississippi State Penitentiary. Petition for writ of MONDAY. DECEMBER 3. 1990 309 certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5290. Terry Keith Arthur, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5334. Raymond Johnson, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5343. Gilberto Medina-Quiroga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5549. Robert Votteler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-5664. Eddie Edwards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-5676. Stephen G. Ashley, Michael Blackwood and Ian Wil- liams, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5691. Vernon Brown, Petitioner v. Lane McCotter, Secre- tary, Department of Corrections of New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5815. Lucy Marrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5857. Gregory Navarro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 90-5862. Johnny E. Harris, Petitioner v. Larry W. Huffman,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5896. Michael Terrell, Petitioner v. Terry L. Morris, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5897. Donald Stephen Gittin, Petitioner v. James Rowland, Director, California Department of Corrections. Petition for writ of 310 MONDAY, DECEMBER 3. 1990 certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5898. Jerry Young, Petitioner v. John R. Patterson, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5906. William Frank Schlicher, Petitioner v. A. Munoz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5909. Lawrence Ollivierre, et al., Petitioners v. Manuel Lu- jan, Jr., Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5922. John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington; and John Robert

Demos, Jr., Petitioner v. United States District Court for the East- ern District of Washington; and John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5928. Steven M. De Long, Petitioner v. American Protective

Services, et al.; and Steven M. De Long, Petitioner v. Michael

Hennessey; and Steven M. De Long, Petitioner v. Dr. Ruth Mansfield, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5929. Steven M. De Long, Petitioner v. Ruth Mansfield, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-5930. Harold R. Miller, Petitioner v. City of Kansas City, Missouri. Petition for writ of certiorari to the Court of Appeals of Mis- souri, Western District, denied.

No. 90-5938. Michael Neel Gleason, Petitioner v. Wells Stewart,

Judge, Harris County, Texas District Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5939. Claude F. Bumpus, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-5940. Charles Edmonson, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-5942. Robbie J. Hardin, Petitioner v. Canteen, Inc. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. MONDAY, DECEMBER 3. 1990 311

No. 90-5943. John Robert Demos, Jr., Petitioner v. Supreme Court of Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 90-5966. Thomas Jimmie Lightfoot, Petitioner v. John Nagle, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5970. Samuel L. Wodke, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Court of Common Pleas, Greenville County, denied.

No. 90-5971. William Cooper, Petitioner v. Jim Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5972. Morna Young, Petitioner v. Clayton I. Robins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5973. Gene Felix Page, Petitioner v. Barbara Albertson. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5977. Douglas Rubins, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 90-5988. Charles Edward Dean, Petitioner v. Stephen Kaiser, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6014. Charles Perry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6020. Bernard Joseph Cassidy, Petitioner v. Rose, Klein & Marias, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6031. Robert F. Sowell, Petitioner v. Michael T. Maloney, Deputy Commissioner, Massachusetts Department of Correction. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6053. Van Yuill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6054. Merle Kinder, Petitioner v. Margaret Sandberg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 312 MONDAY. DECEMBER 3. 1990

No. 90-6067. Harry Robert McDonald, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6075. Adam Edward Quarles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6091. Samuel Lee Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6093. Willie Rucker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6098. Dennis Jake Lunsford and Phillip Douglas Brewer, Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6100. Kelly Hostetler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6103. Edward Lyle Hall, Petitioner v. Michael D. Parsons, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6121. Curtis Hutson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6122. Benjamin Maduka, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6132. James Thomas Donnelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6142. Travis Jerome Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-357. Peter D. Peterson, et al., Petitioners v. Department of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White and Jus- tice Marshall would grant certiorari. No. 90-621. Ronald D. Castille, District Attorney of Philadelphia

County, et al., Petitioners v. William Howard Harrison. The motion of MONDAY. DECEMBER 3. 1990 313 respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-627. Pasquale Acierno, Petitioner v. Michael Cunningham, Warden, New Hampshire State Prison. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-714. Ritaellen M. Murphy, et al, Petitioners v. Richard M. Ragsdale, et al. The petition for a writ of certiorari before judgment is denied.

No. 90-5530. Donny Joel Harvey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari.

No. 90-5774. Andrew Edward Robertson, Petitioner v. California. The petition for a writ of certiorari to the Supreme Court of California is denied. Dissenting opinion by Justice Blackman, with whom Justice Marshall joins.

No. 90-5887. Homer B. Teel, Petitioner v. Tennessee. The petition for a writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, is denied. Dissenting opinion by Justice White, with whom Justice Marshall joins.

No. 90-5948. Wayne Kenneth Delong, Petitioner v. Charles E. Thompson, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Marshall.

No. 90-5969. Doyle Lee Hamm, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Marshall.

Mandamus Denied

No. 90-5246. In Re David Bentley, Petitioner; and No. 90-5951. In Re Kevin Williams, Petitioner. Petitions for writs of mandamus are denied.

Rehearings Denied

T No. 90-5553. W illiam Schlicher, Petitioner v. Fritz Young, et al. The petition for rehearing is denied.

No. 89-7336. Stanley Mose Cardine, Petitioner v. Al Parke, Warden; No. 89-7777. Chris Lonchar Kellogg, As Next Friend to Larry Grant

Lonchar, Petitioner v. Walter Zant, Warden; 314 MONDAY. DECEMBER 3. 1990

No. 90-220. Rudolph de Souza, Petitioner v. Wanda L. Schultz;

No. 90-5304. Ronald Chandler, Petitioner v. Carl White, et al.;

No. 90-5437. George Balmer and Margaret Balmer, Petitioners v. State Farm Fire and Casualty Company; and

No. 90-5469. Jerry C. Moore, Petitioner r. Stewart Title of Califor- nia and State Savings and Loan. The petitions for rehearing are denied. Justice Souter took no pail in the consideration or decision of these petitions.

No. 90-184. In Re Harold G. Royce, Petitioner. The motion of peti- tioner for leave to proceed further herein in forma pauperis is granted.

The petition for rehearing is denied. Justice Souter took no part in the consideration or decision of this motion and this petition.

No. 90-335. Gerald M. Sparks, Petitioner v. Character and Fitness Committee of Kentucky. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is denied. Recess Order

The Court will take a recess from Monday, December 10, 1990 until

Monday, January 7, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Edward K. Alexander Jr. Lake Charles, LA James Augustus Leithead Maria Luisa Rodon Alvarez Miami, FL Gerhardt A. Schreiber Lash Spivey Anderson Vidalia, GA William Steven Askew Virginia M. Antoine Milwaukee, WI Robert L. Habush Leonardo Joseph Asaro St. Louis, MO John Michael Clear Ahmed Tufail Aziz Beaver, PA Joseph S. Walko Lawrence James Barty Cincinnati, OH Frank Hale Stewart Paul Frederick Bennett San Francisco, CA Richard Dale Harmon MONDAY. DECEMBER 3. 1990 315

Applicant City and State Movant

Victoria Louise Bor Washington, DC Robert M. Bor Alison L. Braun Los Angeles, CA Thomas Lyle Willhite, Jr. John Lee Brown Jr. Beaver, PA Joseph S. Walko Nelson L. Burchfield New Orleans, LA Victor Edward Bradley, Jr. Mary Irene Coombs Miami, FL Robert L. Wald George Cox Columbia, MO Duane Benton Victor Curtis Davidson II Jacksonville, FL William Pierce White, III David Owen Day Cookeville, TN John Edgar Acuff, Jr. Michael Dinnerstein Washington, DC Robert H. Stropp, Jr. David Russell Donaldson Birmingham, AL John Michael Rediker Joseph Ellison Earnest Santa Fe, NM Bruce Lawrence Herr David Frederick Faustman San Diego, CA Peter H. Benzian Theresa Ferris-Dukovich Beaver, PA Joseph S. Walko Robert 0. Fleming Jr. Atlanta, GA George Daryl Wenick George Howell Jack Floyd Gadsden, AL Larry H. Keener Leonard Joseph Frawley Towanda, PA William S. Jr. Friedlander Esther Elisa Galicia Miami, FL Charles K. George Richard John Grad Los Angeles, CA Peter Richard Chaffetz James Samuel Green Wilmington, DE Collins J. Seitz Gaylen Lee Groce Fort Worth, TX B. Michael Cummings David J. Guin Birmingham, AL John Michael Rediker Gustavo Gutierrez Miami, FL Stuart H. Sobel Virginia H. Hackney Richmond, VA George Clemon Freeman, Jr. Wm. Craig Hall Memphis, TN Gerald Patrick Arnoult 316 MONDAY. DECEMBER 3. 1990

Applicant City and State Movant

J. Keith Hardie Jr. New Orleans, LA C. James Gelpi Laura C. Harper Santa Fe, NM Peter Thomas White Elizabeth Healey Columbia, MO Duane Benton Paul A. Holcombe Jr. Raleigh, NC John Evangelist Campion, III Howard Duane Kauffman Harrisburg, PA Paul L. Zeigler Joel Kaufman Washington, DC Lynda S. Mounts Nancy E. Kaufman Boston, MA Daniel Klubock Allan Richard Kelley Miami, FL Henry Burnett Reo Kirkland Jr. Brewton, AL W. Sidney Fuller Laurence Kressel Portland, OR Gerald H. Itkin John F. Kurtz Jr. Boise, ID Merlyn W. Clark Gregory D. Mangrum Memphis, TN Harold D. Mangrum Debra Sue Margolis Oakland, CA William L. Owen Charles R. McCoy Tallahassee, FL Jonathan Alan Glogau Alexander Louis Meszaros Lennington, KY James B. Browne Gregory W. O'Reilly Chicago, IL Donald Sargent Honchell S. Eric Ottesen San Diego, CA Edward Carl Walton Warren Robert Perl Cleveland, OH Stanley Elliott Stein Michael Albert Powell Frederick, MD W. Stanley Cooke Willard Proctor Jr. Little Rock, AR William Farrar Shearman Stan M. Putman Jr. Austin, TX Broadus A. Spivey Carolyn Kyle Querijero Woodbury, CT Clarine Carol Nardi Riddle William McKenzie Ragland Atlanta, GA Jerry B. Jr. Blackstock Antohny Eden Rand Fayetteville, NC Herbert Holden Thorp Susan Joanne Rebeck Great Falls, MT K. Dale Schwanke MONDAY. DECEMBER 3. 1990 317

Applicant City and State Movant

Daniel Alan Reifsnyder Arlington, VA C. Frank Reifsnyder Robert E. Richards Atlanta, GA Anthony Bartholomew Askew Jonathan Rodriguez-Atkatz Seattle, WA Ronald T. Schaps Anthony Rollo New Orleans, LA Dando B. Cellini Daniel A. Rottier Madison, WI Robert L. Habush Cynthia Young Rougeou Baton Rouge, LA Thomas Scherer Halligan Scott B. Saul Miami, FL Paul Mendelson Jerry L. Schnurr III Fort Dodge, IA James Lawrence Kramer John F. Sheaff Lincoln, NE Harry A. Spencer Todd Keith Snyder Baltimore, MD Burton Harry Levin John Thorne Washington, DC Michael K. Kellogg James Donald Tomola Jacksonville, FL Jeffrey Stephen Berlin Ramon Tourgeman Miami, FL Sidney Efronson Joseph Jerome Trad St. Louis, MO Robert B. Hoemeke Joseph Richard Ward Jr. New Orleans, LA Anthony J. Clesi, Jr. Ann Elizabeth Webb Houston, TX Judge John R. Brown Glenn Harlan Wechsler Walnut Creek, CA William W. Heiberger Linda Louise Yoder Hartford, CT Paul DeWitt Sanson Nicholas Yovanovic Jacksonville, FL Jeffrey Stephen Berlin Opinions

No. 89-6332. Robert S. Minnick, Petitioner v. Mississippi. On writ of certiorari to the Supreme Court of Mississippi. Judgment reversed and case remanded to the Supreme Court for further proceedings not incon- sistent with the opinion of this Court. Opinion by Justice Kennedy. Dis- senting opinion by Justice Scalia with whom the Chief Justice joins. Justice Souter took no part in the consideration or decision of this case. MONDAY. DECEMBER 3. 1990 3 1 8

No. 89-1298. Ingersoll-Rand Company, Petitioner v. Perry Mc- Clendon. On writ of certiorari to the Supreme Court of Texas. Judg- ment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice O'Connor. Justice Marshall, Justice Blackmun, and Justice

Stevens join Parts I and II-B of this opinion.

No. 89-964. Raymond J. Moskal, Sr., Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Marshall. Dissenting opinion by Justice Scalia with whom Justice O'Connor and Justice Ken- nedy join. Justice Souter took no part in the consideration or decision of this case.

No. 89-5867. Shirley W. Irwin, Petitioner v. Veterans Administra- tion, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by the Chief Justice. Opinion by Justice White concurring in part and concurring in the judg- ment with whom Justice Marshall joins. Opinion by Justice Stevens concurring in part and dissenting in part. Justice Souter took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Bridget M. Rowan Washington, DC Solicitor General Kenneth Winston Starr Lawrence D. Gerzog New York, NY Solicitor General Kenneth Winston Starr Kenneth Clay DeJean Baton Rouge, LA William J. Guste, Jr. Patricia T. Riddick Baton Rouge, LA William J. Guste, Jr. Winston W. Riddick Baton Rouge, LA William J. Guste, Jr. Aloyma M. Sanchez Miami, FL Denis L. Ventriglia

Marcy I. Singer Chicago, IL Robert J. Ruiz Arthur Haig Abel Washington, DC Clint Bolick Steven R. Gavin Washington, DC Donald Mark Gilberg MONDAY. DECEMBER 3. 1990 319

Oral Arguments

No. 89-7260. William J. Burns, Petitioner v. United States. Argued by Mr. Steven H. Goldblatt for the petitioner and by Mr. Stephen J. Marzen for the respondent.

No. 89-1474. McDermott International, Inc., Petitioner v. Jon C. Wilander. Argued by Mr. James B. Doyle for the petitioner, and by Mrs. Jennifer J. Bercier for the respondent.

No. 89-1027. Norfolk and Western Railway Company, et al., Peti- tioners v. American Train Dispatchers Association, et al.; and

No. 89-1028. CSX Transportation, Inc., Petitioner v. Brotherhood of Railway Carmen, et al. Argued by Mr. Jeffrey S. Berlin for the petitioners, by Mr. Jeffrey S. Minear for the federal respondents sup- porting petitioners and by Mr. William G. Mahoney for the private respondents.

Adjourned until Monday, December 10, 1990 at 10 o'clock. x

(JOURNAL) MONDAY. DECEMBER 10. 1990 321 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Marshall, Justice Black- mun, Justice O'Connor, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-1261. Spencer I. Jordan, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Military Ap- peals. The petition for writ of certiorari is granted. The judgment is va- cated and the case is remanded to the United States Court of Military

Appeals for further consideration in light of Minnick v. Mississippi, 498 U.S. (1990).

No. 90-663. Frederick M. Dever, Jr., Petitioner v. Ohio. On petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeals of Ohio, Hamilton

County, for further consideration in light of Idaho v. Wright, 497 U.S. — (1990).

Orders in Pending Cases

No. — . Ralph J. Maisano, III, et al., Petitioners v. United States. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. A-368. Barry Joe Smith, Applicant v. United States. The appli- cation for release pending appeal addressed to Justice Marshall and re- ferred to the Court is denied. No. D-909. In the Matter of Disbarment of Clyde P. Martin, Jr. Dis- barment order entered. No. D-911. In the Matter of Disbarment of John M. Badalian. Dis- barment order entered. No. D-931. In the Matter of Disbarment of James P. Ryan. Disbar- ment order entered. No. D-936. In the Matter of Disbarment of David Phillip Feldman. Disbarment order entered. No. D-937. In the Matter of Disbarment of William Alan Deam. Dis- barment order entered. 322 MONDAY. DECEMBER 10. 1990

No. D-955. In the Matter of Disbarment of Kenneth E. Bruce. It is ordered that Kenneth E. Bruce, of Scarsdale, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-956. In the Matter of Disbarment of Stephen Wallace Toot- haker. It is ordered that Stephen Wallace Toothaker, of Miami, Flor- ida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-957. In the Matter of Disbarment of Albert Francis Pennisi. It is ordered that Albert Francis Pennisi, of Kew Gardens, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The motion of the River Master for approval of fees and expenses is granted and the River Master is awarded $2,638.52 for the period July 1-September 30, 1990, to be paid equally by the parties.

No. 89-1322. Oklahoma Tax Commission, Petitioner v. Citizen Band Potawatomi Indian Tribe of Oklahoma. The motion of the Solicitor Gen- eral for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-7376. Pearly L. Wilson, Petitioner v. Richard Seiter, et al. The motion of the Solicitor General for leave to participate in oral argu- ment as amicus curiae and for divided argument is granted.

No. 90-79. Richard B. Kay, Petitioner v. Bremer Ehrler and Ken- tucky Board of Elections. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment is granted.

No. 89-1493. Air Line Pilots Association International, Petitioner v.

Joseph E. O'Neill, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 90-18. Robert D. Gilmer, Petitioner v. Interstate/Johnson Lane Corporation. The motion of respondent to strike portions of amici cu- riae briefs is denied. No. 90-324. Brown Group, Inc., dba Brown Shoe Company, Inc., Pe- titioner n Kenneth G. Hicks. The Solicitor General is invited to file a brief in this case expressing the views of the United States. MONDAY. DECEMBER 10. 1990 323

No. 90-849. County of Los Angeles, et al., Petitioners v. Yolanda Garza, et al. The application to reinstate the stay of a special election ordered by the United States District Court for the Central District of Caliornia presented to Justice O'Connor and by her referred to the

Court is denied. Certiorari Granted

No. 90-634. Dan Cohen, Petitioner v. Cowles Media Company, dba

Minneapolis Star and Tribune Company, et al. Petition for writ of cer- tiorari to the Supreme Court of Minnesota granted limited to Question 1 presented by the petition.

No. 90-5635. John J. McCarthy, Petitioner v. George Bronson, War- den, et al. The motion of petitioner for leave to proceed in forma paupe- ris and petition for writ of certiorari to the United States Court of Appeals for the Second Circuit are granted limited to the following question: "Whether 28 U.S.C. Section 636(b)(1)(B), which authorizes a district court to refer, without the parties consent, to a magistrate for recommended findings a prisoner petition that challenges 'conditions of confinement' applies to cases challenging a specific episode of allegedly unconstitutional conduct rather than continuing prison conditions." No. 90-5744. Richard L. Chapman, John M. Schoenecker and Patrick

Brumm, Petitioners v. United States. Motion of petitioners for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Certiorari Denied

No. 89-1373. Arthur Lister, Petitioner v. H. Allan Stark, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 89-7863. Johnny Robert Lopez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied.

No. 90-246. James K. Dorris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-328. Bodimetric Health Services, Inc., et al., Petitioners v. Aetna Life & Casualty, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-372. Robert Gigante, Petitoner v. Runship, Ltd., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 324 MONDAY. DECEMBER 10. 1990

No. 90-396. William Edgar Hawkins, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 90-457. Adele Graham, Individually and as Representative of a

Class of Persons Similarly Situated, Petitioner v. New York Depart- ment of Civil Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-463. Betty D. McCall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-530. Round Table Pizza, Inc., et al, Petitioners v. William R. Larson. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-543. Joseph R. Giannini, Petitioner v. Manuel L. Real, Chief Judge, United States District Court for the Central District of Califor- nia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-628. Marie M. McMahon, Petitioner v. Charles G. Aschmann, Jr. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 90-635. Navajo Tax Commission, Petitioner v. Pittsburgh & Midway Coal Mining Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-637. Edith Mae Gracey, Petitioner v. Frederick Reigle. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-638. John Babigian, Petitioner v. Association of the Bar of the

City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-639. John C. Reusch, Petitioner v. Seaboard System Railroad Company. Petition for writ of certiorari to the Supreme Court of Ala- bama denied.

No. 90-640. Mary Jane Wickman, Petitioner v. Northwestern Na- tional Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-665. Benefit Trust Life Insurance Company, Petitioner v. Daniel Kunin. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. DECEMBER 10. 199U 325

No. 90-668. Edward Halas, Petitioner v. Donald Quigg, Commis- sioner of Patents. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-677. Hans Walter Roeck, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-684. Clawzelle Wiggins, Petitioner v. Chrysler Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-708. Andrew Anderson, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 90-709. George B. Soliman, etc., Petitioner v. Eddins Enter- prises, Inc. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied.

No. 90-743. Edith Robinson, Petitioner v. Anthony M. Frank, Post- master General of the United States, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-753. Ronald Newell Land, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5032. Alton D. Cobb, Petitioner v. City of Detroit Common

Council, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5079. Allen Porter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5099. Luis Ruiz and Henry Diaz, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-5352. Michael Sindram, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-5433. George Sabat Brooks, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

7 No. 90-5439. Buford L. Gregory , Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied. 326 MONDAY. DECEMBER 10. 1990

No. 90-5492. Patrick M. Cannon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5576. Michelle Rumble, Petitioner v. Don Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5589. Joe Louis Lesure, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 90-5594. Elmer Winters, Petitioner v. Gerald McFaul, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5724. Mary Rose Lockett, Petitioner v. Michael P. W. Stone, Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5787. Bobbi L. Brand, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5800. Robert Eaton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-5912. Ricky Ricardo Harris, Petitioner v. John M. Greacen, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-5944. Armando Cordoba, Petitioner v. Michael Hanrahan. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5964. Robert Earl Cherry, Petitioner v. James Rowland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5965. Fred A. Whitaker, Petitioner v. Superior Court, Ala- meda County, California, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-5981. Robert L. Endres, Petitioner v. Bill Armontrout, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5983. Kathryn S. Martin, Petitioner v. U.S. Department of Labor, Employment Standards Administration Office of Workers' Com- MONDAY. DECEMBER 10. 1990 327 pensation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5991. Omar G. Rodriguez-Diaz, Petitioner v. Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5992. Darrell Lamont Bailey, Petitioner v. United States Dis- trict Court for the Northern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6000. Daniel Lee Holbert, Petitioner v. Norris W. McMackin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6004. Bobby Foxx, Petitioner v. J. Irving Baines, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6006. George L. Wortham, Petitioner v. CHR. Hansen Lab- oratory, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6008. John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington; and John Robert

Demos, Jr., Petitioner v. United States District Court for Western Dis- trict of Washington; and John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6037. Maurice S. McGee, Petitioner v. Randall Division of Textron, Inc., of Grenada, Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6038. Jackie Haynes, Petitioner v. Larry Burton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6060. Tyrone Anderson, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 90-6092. Joe Robertson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6109. Adam Butler, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 328 MONDAY. DECEMBER 10. 199C

No. 90-6141. Ted A. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6145. Joseph M. Craveiro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6146. Jesse L. Adams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6147. Bert Ernest Daby, Petitioner v. Robert Erickson. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6163. Chad L. Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6167. Ernest Buck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6170. John Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6181. Jeremiah Ford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6182. Donald Jack Priest, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6186. Sotero Quinonez-Ledezma, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6188. Efrain Marmol-Orta, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6195. Peter J. Charles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6196. Wayne Anthony Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY. DECEMBER 10. 1990 329

No. 90-6199. Pedro Villagomez-Reyes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-336. W. R. Barker, Superintendent, Columbus County

Prison Unit, Brunswick, North Carolina, et al., Petitioners v. Wilton Howell. The motion of respondent for leave to proceed in forma paupe- ris is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White and Justice Kennedy would grant certiorari.

No. 90-455. General Wood Preserving Company, Inc., Petitoner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White would grant certiorari.

No. 90-588. Munters Corporation, Petitioner v. Matsui America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari. No. 90-674. International Union of Operating Engineers, Local 406, et al., Petitioners v. Robert Guidry. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari.

No. 90-5753. Gilberto Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari.

No. 90-5941. Michael Dee Mattson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dis- senting statement by Justice Marshall.

No. 90-6041. Gregory Lott, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Marshall. Mandamus Denied

No. 90-5985. In Re Henry V. Geurin, Petitioner; No. 90-5993. In Re Lionel E. Cyntje, Petitioner; and No. 90-6011. In Re Clovis Carl Green, Jr., Petitioner. The petitions for writs of mandamus are denied. Rehearings Denied

No. 89-7683. Charles Young, Petitioner v. Florida, et al.; No. 90-346. Toledo Police Patrolman's Association, Local 10,

I.U.P.A., et al., Petitioners v. City of Toledo, et al; 330 MONDAY. DECEMBER 10. 1990

No. 90-365. In Re Shahsultan Jaffer, Petitioner;

No. 90-399. Curtis L. Wrenn, Petitioner v. United States, et al.;

No. 90-458. Frank J. Camoscio, Petitioner v. Patriot Ledger, et al;

No. 90-5073. Joseph A. Bettistea, Jr., Petitioner v. Michigan;

No. 90-5101. Ernest Porter, Petitioner v. Pennsylvania;

No. 90-5266. Douglas James Sisco, Petitioner v. County of Los An- geles, et al.;

No. 90-5454. Chester L. Draper, Petitioner v. Ohio;

No. 90-5606. William Schlicher, Petitioner v. Steven J. Davies, Sec- retary, Kansas Department of Corrections, et al.;

No. 90-5632. Gary Lee McColpin, Petitioner v. Robert T. Stephan; and

No. 90-5816. In Re James E. Kirschenhunter, Petitioner. The peti- tions for rehearing are denied. No. 89-1964. Menatsagan Melikian and Kambiz Aftassi, Petitioners v. Anthony Corradetti, et al.;

No. 89-7060. Bernard J. Dobranski, Petitioner v. Walter Kelly, Su- perintendent, Attica Correctional Facility;

No. 89-7652. Danny R. Hollingsworth, Petitioner v. Supreme Court of Nevada;

No. 90-5172. Jasper Buchanan, Petitioner v. T. Travis Medlock, et al.; and

No. 90-5384. Doris East, Petitioner v. John B. Holmes, Jr. The peti- tions for rehearing are denied. Justice Souter took no part in the consid- eration or decision of these petitions.

No. 89-7043. Harvey Kudler, Petitioner v. Judicial Council of the Second Circuit. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is de- nied. Justice Souter took no part in the consideration or decision of this motion and this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Albert A. Aichroth Carlsbad, CA William B. Treitler Martin Lewis Allday Midland, TX William S. Scherman John F. Bradach Portland, OR Charles F. Adams MONDAY. DECEMBER 10. 1990 331

Applicant City and State Movant

Geoffrey Robert Brigham Alexandria, VA Solicitor General Kenneth Winston Starr Larry Bronson New York, NY Andre R. M. Mardon David Stanway Case Anchorage, AK Lawrence A. Aschenbrenner Mary E. Conn Houston, TX Jan Woodward Fox Barbara S. Drake Carlisle, PA John Glover Roberts, Jr. Deborah Carol England San Francisco, CA Roderick Paul Bushnell Daniel Lyons FitzMaurice Hartford, CT Allan B. Taylor Allan Gibofsky New York, NY Glenn William Dopf Robert S. Glenn Jr. Savannah, GA Arnold Carlton Young Anne Gordon Greever Richmond, VA Gregory Branch Robertson Wade W. Herring II Savannah, GA Malcolm Roderick Maclean Daniel R. James Keyser, WV Steven Morris Askin Sharlene Wanda Graham Trenton, NJ A. Leon Lassiter Higginbotham, Jr.

Floyd J. Logan Gulfport, MS Leonard Adam Blackwell, II Robert Allen Long Jr. Washington, DC Solicitor General Kenneth Winston Starr R. Cody Mayo Jr. Shreveport, LA Paul Joseph Carmouche Joseph Dudley McCluskey Richmond, VA Gregory Branch Robertson Kathleen A. McKeon Portland, OR Amy Rachel Richter 332 MONDAY. DECEMBER 10. 1990

Applicant Citv and State Movant

Robert L. Morris Denver, CO Janice Louise Lower John Blair Overton Sausalito, CA Jeffrey Steven White

Barbara J. Patterson Akron, OH Richard Sternberg Mark David Rhodes Houma, LA Richard A. Breaux Thomas C. Riley Omaha, NE Emil M. Fabian, III Carol Teague Schwartzkopf Brooklyn, NY Barbara Dale Underwood Mary-Rita Wallace Garden City, NY Catherine Noto Gray Allen N. Wheat Angola, IN Allen Robert Stout Ralph Wilborn Eugene, OR Suanne Elise Lovendahl M. Kirby C. Wilcox San Francisco, CA William Alsup James Craig Williams Riverside, CA Ward Reynoldson Mark C. Zebrowski San Diego, CA Jeffrey M. Shohet

Opinion

No. 89-1166. Arthur Groves, Bobby J. Evans and Local 771, Inter- national Union UAW, Petitioners v. Ring Screw Works, Ferndale Fas- tener Division. On writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens announced by the Chief Justice.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Montv L. Fisher Fort Dodge, IA Thomas G. Powers Kevin A. Fors Fort Dodge, IA Thomas G. Powers A

MONDAY. DECEMBER 10. 1990 333

Applicant City and State Movant

William H. Habhab Fort Dodge, IA Thomas G. Powers

Stephen Granger Kersten Fort Dodge, I Thomas G. Powers Blake Parker Fort Dodge, IA Thomas G. Powers Lewis Gerard Adler Woodbury, NJ John F. Lisa B. Michael Borelli Malaga, NJ John F. Lisa James Louis Capobianco Sewell, NJ John F. Lisa Dale Verfaillie Chant Woodbury, NJ John F. Lisa Samuel Ciapanna Jr. Williamstown, NJ John F. Lisa Christopher C. Cona Woodbury, NJ John F. Lisa Michael David Dankanich Woodbury, NJ John F. Lisa John C. Eastlack Jr. Woodbury, NJ John F. Lisa William Robb Graham Mt. Laurel, NJ John F. Lisa Yaron Helmer Marlton, NJ John F. Lisa Richard S. Hoffman Woodbury, NJ John F. Lisa Lawrence Lee Hubert Woodbury, NJ John F. Lisa Richard S. Kaser Williamstown, NJ John F. Lisa Robert E. Kennedy Woodbury, NJ John F. Lisa Jane Anne Kenney Woodbury, NJ John F. Lisa Samuel J. Leone Woodbury, NJ John F. Lisa

T Nancy Kohn Lotstein W oodbury, NJ John F. Lisa T Jamie David Lotstein W oodbury, NJ John F. Lisa Walter Ledden Marshall Jr, Woodbury, NJ John F. Lisa Eugene J. McCaffrey Jr. Woodbury, NJ John F. Lisa Jean B. McMaster Pitman, NJ John F. Lisa Wayne E. Natale Woodbury, NJ John F. Lisa Raymond Thomas Page Woodbury, NJ John F. Lisa Jean Blanken Ramsay Woodbury, NJ John F. Lisa Kathie L. Renner Woodbury, NJ John F. Lisa Bruce H. E. Roesler Pitman, NJ John F. Lisa Timothy Dominic Scaffidi Glassboro, NJ John F. Lisa

Gregory J. Sutton Woodbury, NJ John F. Lisa Gary DuBois Thompson Pitman, NJ John F. Lisa Mary Cay Trace Turners ville, NJ John F. Lisa Thomas Raymond Uliase Haddonfield, NJ John F. Lisa 334 MONDAY. DECEMBER 10. 1990

Applicant City and State Movant

Carolyn Badger Uliase Woodbury, NJ John F. Lisa Ronald John Uzdavinis Woodbury, NJ John F. Lisa Gail A. Ames Bedford Hills, NY Mary E. Bisantz Barbara Balaber-Strauss New York, NY Mary E. Bisantz Dianne Bennett Buffalo, NY Mary E. Bisantz Barbara G. Berlin East Hills, NY Mary E. Bisantz Anne Julia Binseel Albany, NY Mary E. Bisantz Abbe Schwartz Blumenthal Brooklyn, NY Mary E. Bisantz Michaele June Bober New York, NY Mary E. Bisantz Carmen Bobis Irvington, NY Mary E. Bisantz Lyn Boland Setauket, NY Mary E. Bisantz Julie Ann Clark New York, NY Mary E. Bisantz Leah Willner Cohen Poughkeepsie, Mary E. Bisantz NY Mary Honora Colway Lynbrook, NY Mary E. Bisantz Carol A. Condon Buffalo, NY Mary E. Bisantz Veronica M. Corrigan New York, NY Mary E. Bisantz Jane Denkensohn New York, NY Mary E. Bisantz Lucille S. DiGirolomo Kew Gardens, NY Mary E. Bisantz Madaleine S. Egelfeld Kew Gardens, NY Mary E. Bisantz Sylvia Laura Fabriani Bedford Hills, NY Mary E. Bisantz Anne Golden White Plains, NY Mary E. Bisantz Elizabeth Doyle Hudak Brewster, NY Mary E. Bisantz Jean M. Kestel Garden City, NY Mary E. Bisantz Mary Elizabeth Lacerenza New York, NY Mary E. Bisantz Calvin A. Lee New York, NY Mary E. Bisantz Sonali Leslie-Hopkins New York, NY Mary E. Bisantz Claire Samuelson Meadow Larchmont, NY Mary E. Bisantz Marian B. Morris Kew Gardens, NY Mary E. Bisantz Eileen N. Naldelson New York, NY Mary E. Bisantz Cynthia Harriet Reiss New York, NY Mary E. Bisantz Terry M. Richman Rochester, NY Mary E. Bisantz Elizabeth Anne Roosa Beacon, NY Mary E. Bisantz Janice G. Roven New York, NY Mary E. Bisantz Lea Ruskin Mineola, NY Mary E. Bisantz Debra R. Schoenberg Saratoga Springs, Mary E. Bisantz NY Marilyn Simon New York, NY Mary E. Bisantz MONDAY. DECEMBER 10. 1990 335

Applicant City and State Movant

Beth Pearlman Smith Great Neck, NY Mary E. Bisantz Rebecca E. Stage Warwick, NY Mary E. Bisantz Miriam Pfeffer Sunshine Brooklyn, NY Mary E. Bisantz Lillian A. Kearsley Tapp Albany, NY Mary E. Bisantz Nancy Zecca New Rochelle, Mary E. Bisantz NY Mary Regina Barbanes Cincinnati, OH Mary E. Bisantz

Adjourned until Monday, January 7, 1991 at 10 o'clock.

(JOURNAL) FRIDAY. DECEMBER 28. 1990 337 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-498. Go-Video, Inc., Applicant v. Matsushita Electric Indus- trial Co., Ltd., et al. The application for an injunction pending appeal addressed to Justice Kennedy and referred to the Court is denied.

(JOURNAL) FRIDAY. JANUARY 4. 1991 339 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 90-6157. Gary Lee Davis, Petitioner v. Colorado. The applica- tion for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. The petition for a writ of certiorari to the Supreme Court of Colorado is denied. Dissent- ing statement by Justice Marshall.

(JOURNAL) MONDAY. JANUARY 7. 1991 341 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 90-6051. In Re Michael Sindram. On motion for leave to proceed in forma pauperis. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until January 28, 1991, within which to pay the docketing fee required by Rule 38(a) and to sub- mit a petition in compliance with Rule 33. The Clerk is directed not to accept any further petitions from the petitioner for extraordinary wits pursuant to 28 U.S.C. Sections 1651(a), 2241, and 2254(a), unless he pays the docketing fee required by Rule 38(a) and submits his petition in compliance with Rule 33. Dissenting opinion by Justice Marshall with whom Justice Blackmun and Justice Stevens join. Dissenting opinion by Justice Blackmun with whom Justice Marshall joins.

Appeal— Summary Disposition

No. 89-2008. Bill Clinton, Governor of Arkansas, et al., Appellants v.

M. C. Jeffers, et al. Appeal from the United States District Court for the Eastern District of Arkansas. The judgment is affirmed.

Certiorari — Summary Disposition

No. 89-1010. Lin Y. Young, Petitioner v. National Center for Health Services Research. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Irwin v. Department of Veterans Affairs, 489 U.S. (1990).

No. 89-1060. Darrell Ledsome, Petitioner v. U-Brand Corporation, Foundry Division. On petition for writ of certiorari to the Court of Ap- peals of Ohio, Ashland County. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the 342 MONDAY. JANUARY 7. 1991

Court of Appeals of Ohio, Ashland County, for further consideration in light of Groves v. Ring Screw Works, Fern dale Fastener Division, 498 U.S. (1990).

No. 90-524. Connecticut, Petitioner v. Martin Geisler. On petition for writ of certiorari to the Appellate Court of Connecticut. The peti- tion for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Appellate Court of Connecticut for further con- sideration in light of New York v. Bams, 495 U.S. (1990).

Orders in Pending Cases

No. —-. Julius L. Chambers, Petitioner v. U.S. Department of the

Army, et al. The motion of petitioner to dispense with printing a por- tion of the appendix to the petition for a writ of certiorari is granted.

No. . Earl Joseph Hall, Petitioner v. Pennsylvania. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted.

No. — . Ikechuku 0. Agomo, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. The motion to direct the Clerk to file a petition for a writ of certiorari, out- of-time, is denied.

No. A-433. Rainsford Winslow, et ux., Applicants v. Morgan County and Williams Group. The application for stay and injunctive relief ad- dressed to Justice Blackmun and referred to the Court is denied.

No. A-457. John W. Brown, Jr., Applicant v. Wrentham District Court. The application for stay addressed to Justice Marshall and re- ferred to the Court is denied.

No. A-459. Koehring Finance Corporation, et al., Applicants v. Ste- ven K. Hilgedick, et al. The motion to vacate the stay heretofore granted by Justice O'Connor is denied. Justice Blackmun dissents in part and, as the parties have agreed, would grant the application to va- cate insofar as compensatory damages are concerned. No. A-480. Richard William Donovan, on Behalf of Christopher

Richard Donovan, Applicant v. Joan Rodenberg, et al. The application for stay of orders addressed to Justice Souter and referred to the Court is denied.

No. A-504. National Treasury Employees Union, et al., Applicants

v. United States, et al. The application for an injunction pending appeal presented to the Chief Justice and by him referred to the Court is denied. MONDAY. JANUARY 7. 1991 343

No. D-917. In the Matter of Disbarment of Barry J. Henderson. Dis- barment order entered. No. D-921. In the Matter of Disbarment of David Harrison Yinger, Jr. Disbarment order entered. No. D-934. In the Matter of R. Michael Standard. R. Michael Stand- ard, of Los Angeles, California, having requested to resign as a mem- ber of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court.

The Rule to Show Cause, heretofore issued on September 21, 1990, is hereby discharged. No. D-940. In the Matter of Disbarment of Robert Allen Moore. The motion to defer further proceedings is granted. No. D-944. In the Matter of Disbarment of Alan H. Russell. Disbar- ment order entered.

No. D-958. In the Matter of Disbarment of Walton Bishop Noble. It is ordered that Walton Bishop Noble, of Belle Chasse, Louisiana, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-959. In the Matter of Disbarment of Harry Hilliard Braxton. It is ordered that Harry Hilliard Braxton, of Baltimore, Maryland, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. The motion of the Special Master for compensation and reimbursement of expenses is granted and the Special Master is awarded a total of $71,790.81 for the period February 1, 1990, through

November 8, 1990, one-third to be paid by each party.

No. 89-1027. Norfolk and Western Railway Company, et al., Peti- tioners v. American Train Dispatchers Association, et al.; and

No. 89-1028. CSX Transportation, Inc., Petitioner v. Brotherhood of Railway Carmen, et al. The motion of respondents American Train Dis- patchers' Association, et al. for leave to file a supplemental brief after argument is granted.

No. 89-1137. Lynn Rannels, Petitioner v. Meridian Bancorp, Inc. The motion of petitioner to sanction respondent's counsel is denied.

No. 89-1717. Florida, Petitioner v. Terrance Bostick. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. 344 MONDAY. JANUARY 7. 1991

No. 89-1817. County of Riverside and Cois Byrd, Sheriff of River- side County, Petitioners v. Donald Lee McLaughlin, et al. The motion of Grover C. Trask, II, District Attorney of Riverside County, for leave to participate in oral argument as amicus curiae, for divided ar- gument and for additional time is denied.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. The motion of

Barbara Babcock, et al. for leave to file a brief as aynici curiae is granted. The motion of National Legal Aid and Defender Association for leave to file a brief as amicus curiae is granted. The motion of Na- tional Association of Criminal Defense Lawyers, et al. for leave to file a brief as amici curiae is granted. The motion of Murder Victims' Fam- ilies for Reconciliation for leave to file a brief as amicus curiae is granted.

No. 90-26. Michael Barnes, Prosecuting Attorney of St. Joseph

County, Indiana, et al., Petitioners v. Glen Theatre, Inc., et al. The mo- tion of James J. Clancy for leave to file a brief as amicus curiae is granted.

No. 90-97. American Hospital Association, Petitioner v. National

Labor Relations Board, et al. The motion of the Solicitor General for divided argument is denied.

No. 90-350. Jeanne Farrey, fka Jeanne Sanderfoot, Petitioner v. Gerald J. Sanderfoot. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 90-408. County of Yakima, et al, Petitioners v. Confederated Tribes and Bands of the Yakima Indian Nation; and

No. 90-577. Confederated Tribes and Bands of the Yakima Indian

Nation, Petitioner v. County of Yakima and Dale A. Gray, Yakima County Treasurer. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

No. 90-711. Lawrence C. Presley, etc., Appellant v. Etowah County

Commission, et al.; and

No. 90-712. Ed Peter Mack and Nathaniel Gosha, III, etc., Appel- lants v. Russell County Commission, et al. The Solicitor General is in- vited to file a brief in these cases expressing the views of the United States.

No. 90-749. South Dakota, et al., Petitioners v. Rosebud Sioux

Tribe, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. MONDAY. JANUARY 7. 1991 345

No. 90-871. Connecticut, et al., Petitioners v. Mashantucket Pequot Tribe. The Solicitor General is invited to file a brief in this case express- ing the views of the United States.

No. 90-673. Francis Edwin Bass, Jr., et al., Petitioners v. South Carolina, et al. The motion of Wisconsin State Federation of Chapters of the National Association of Retired Federal Employees for leave to file a brief as amicus curiae is granted.

No. 90-5193. Dawud Majid Mu'Min, Petitioner v. Virginia. The mo- tion of National Jury Project for leave to file a brief as amicus curiae is granted.

Certiorari Granted

No. 89-1836. Dominic P. Gentile, Petitioner v. State Bar of Nevada. Petition for writ of certiorari to the Supreme Court of Nevada granted. No. 89-1895. Astoria Federal Savings and Loan Association, Peti- tioner v. Angelo J. Solimino. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 90-605. Department of Transportation, et al., Petitioners v. Air

Transport Association of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit granted.

No. 90-659. Keith R. Gollust, et al., Petitioners v. Ira L. Mendell, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 90-5538. Zakhar Melkonyan, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

Certiorari Denied

No. 89-6585. Eleanor Reed, Petitioner v. Anthony M. Frank, Post- master General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-25. John J. Dillon, III, Commissioner of the Department of

Insurance of Indiana, et al., Petitioners v. Ted Allen Combs, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-102. Liberty County, Florida, et al., Petitioners v. Gregory

Solomon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 346 MONDAY. JANUARY 7. 1991

No. 90-281. Associated Grocers, Inc., Petitioner v. Washington; and

No. 90-465. Washington, Petitioner v. Associated Grocers, Inc. Peti- tions for writs of certiorari to the Supreme Court of Washington denied.

No. 90-388. Dow Chemical Company, et al.. Petitioners v. Domingo Castro Alfaro, et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-420. Jack Manuel Alvarez, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-434. Sonicraft, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-447. Salsbury Industries, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-449. James Hamilton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-472. National Fabricators, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-478. Heberto Lorenzo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-488. Michael Arvin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-499. Acmat Corporation, Petitioner v. School District of Philadelphia; and

No. 90-680. School District of Philadelphia, Petitioner v. Acmat Cor- poration. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-505. California Public Utilities Commission, Petitioner v. Federal Energy Regulatory Commission, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-506. Alice Orsini, on Behalf of Megan R. Orsini, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition MONDAY. JANUARY 7. 1991 347 for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-520. Town of Rye, New York, et al., Petitioners v. Samuel K. Skinner, Secretary of Transportation, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied.

No. 90-537. Michael H. Gulley, et al., Petitioners v. Sunbelt Savings,

FSB, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-593. Allen C. Kaiser, Petitioner v. United States Postal Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-610. Edward Alois Walther, aka Eddie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-611. Regis Ann Gould, etc., Petitioner v. Department of

Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-617. James M. Dombroski, Petitioner v. F2 America, Inc. and F2 International, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-633. Eugene Raffield, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-641. Reginald G. Addison, et al., Petitioners v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-649. Schery Ann Draper, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-653. Judybill Osceola, Petitioner v. Florida Department of Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-654. Timothy Sheehan, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of Cali- fornia, Alameda County, denied.

No. 90-661. Michael Wood, Petitioner v. Alameda County Superior Court (City of Hayward, California, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied. 348 MONDAY. JANUARY 7. 1991

No. 90-662. Insurance Company of North America, Petitioner v. M/V Ocean Lynx, aka M/V Ocean Link, Her Engines, Tackle, Furnish- ings, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-672. Gary Plastic Packaging Corporation, Petitioner v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-683. Georgia Marble Company, Petitioner v. Walter Cecil Whitlock, et ux. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-685. Robert N. Alday, etc.. Petitioner v. Container Corpora- tion of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-688. Alma Russell, Petitioner v. James O'Grady, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-690. Susan K. Denton Christy, Petitioner i'. James Hugh Christy. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fifth Appellate District, denied.

No. 90-691. East Prince Frederick Corporation, Petitioner v. Board of County Commissioners of Calvert County, Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 90-694. Joseph Daniel Brockington, et ux., Petitioners v. Certi- fied Electric, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-696. Leo Heideman, et ux., Petitioners v. PFL, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-698. Allene Fields and Earline Daniels, Petitioners v. Halls- ville Independent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-699. United Transportation Union, Petitioner v. CSX Trans- portation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-700. S & H Contractors, Inc., Petitioner v. A. J. Taft Coal Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-701. A. L. Lockhart, Superintendent, Arkansas Department of Correction, et al, Petitioners v. Bilal Ali Salaam, aka Kevin Robin- MONDAY. JANUARY 7. 1991 349 son. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-706. Enid R. Brahms, Petitioner v. Michael Alan Schwartz, Grievance Administrator, Michigan Attorney Grievance Commission. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 90-710. St. Paul Fire and Marine Insurance Company, Peti- tioner v. Superior Court of California for the City and County of San Francisco (James Lee Jones, et al., Real Parties in Interest). Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 90-715. Jay Grushkin, Petitioner v. Santa Clara Superior Court. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.

No. 90-716. Lawrence S. Krain, Petitioner v. Margaret Johnson, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-721. Emory L. Clark, Petitioner v. Thomson McKinnon Se- curities, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-723. Mashuq A. Qureshi, Petitioner v. Phico Insurance Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-732. In Re Louis Kerlinsky, Petitioner. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 90-734. Peter Paul Mitrano, Petitioner v. Karin C. Ruble. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-736. Donna Teagardener, et al, Petitioners v. Republic-

Franklin Incorporated Pension Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-738. Joseph E. Schnorbus, et al, Petitioners v. Director of Revenue of Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 90-739. James E. Renfro, Sr., et al., Petitioners v. Kentucky

Board of Dentistry, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 90-742. Jose A. Soto, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 350 MONDAY. JANUARY 7. 1991

No. 90-746. William Kuntz, III, Petitioner v. Little Miami Railroad Company. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 90-751. 0. R. Karst, Petitioner v. John Woods. Petition for writ of certiorari to the Court of Appeal of California, First Appellate Dis- trict, denied.

No. 90-754. Calvin J. Perkins, Petitioner v. Farm Credit Bank of Wichita, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-755. Elizabeth Warne, Petitioner v. Superior Court of Cali- fornia, Los Angeles County (Kaiser Permanente Medical Center, et al., Real Parties in Interest). Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-775. Hipolito Rivera-Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-778. John A. Kraemer, Petitioner v. Patrick J. Spellacy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-786. Frank L. Gray, Petitioner v. Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-788. Edward Halas, Petitioner v. Department of Energy. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-809. George Bernesser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-823. Lawrence Albert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied. No. 90-824. Juan Delgado, Dagoberto Silva and Henry Escobar, Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-836. Antonio Mareno, Jr., Petitioner v. Thomas Rowe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-843. James L. Pratt, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. MONDAY. JANUARY 7. 1991 351

No. 90-849. County of Los Angeles, et al., Petitioners v. Yolanda

Garza, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-881. Keith Deerman and Francis G. Kinney, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-886. Daniel Meis, Petitioner v. Frank Gunter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5178. Mohammad Haleem Khan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5220. Chester Vinton Haas, III, Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5309. Jim W. Mathews, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5423. Patty Lockhart, Petitioner v. United States; and

No. 90-5473. John Lockhart, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5446. Bennie Wren Bolton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5515. Russell Smrekar, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 90-5596. Foster Lee Stephen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5598. Raymond Wagstaff, Petitioner v. P. W. Keohane, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 90-5627. Donald Eugene Johnson and Robert William Jones, Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 352 MONDAY. JANUARY 7. 1991

No. 90-5680. Refugio Gonzales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5687. Douglas Aponte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5692. Steven Leon Rolle, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5705. Jonathon Marshall, Petitioner v. Robert Manes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5712. Robert D. Beaman, Petitioner v. Veterans Administra- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5725. Margarita Martinez de Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-5731. Elaine F. Chase, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-5748. Robert Alphonso Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5789. Herbert M. Jones, Sr., Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-5791. Salvatore Salamone, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5802. John Newark West, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5814. Antonio Martinez, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-5817. Ronald C. Ruloff, Petitioner v. United States Veterans

Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. JANUARY 7. 1991 353

No. 90-5823. Otis Bobby Mecom, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5835. Bruce Campbell Adamson, Petitioner v. Anthony M. Frank, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5846. Wayne E. Barnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5865. Ellis Manns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5886. John D. Crouch, Petitioner v. American National Bank,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-5889. Gary Benjamin Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5904. Daniel Whisenant, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-5931. James Michael Harris, Petitioner v. Bill Cato, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5935. Joseph A. Havens, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5979. Daren Damont Gray, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 90-6012. Otis Dolphin, Jr., Petitioner v. Mr. Phipps and The Jockey Club. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6013. John Lee Tiller, Petitioner v. Paul Klincar, et al. Peti- tion for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-6015. Derek L. Vinson, Petitioner v. Officer Chapa, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6019. Edward N. Carlton, Petitioner v. John Jabe. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 354 MONDAY. JANUARY 7. 1991

No. 90-6024. Cecil R. Vaughan, Petitioner v. Rock Church, Incorpo- rated. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-6025. Terry Eugene Bennett, Petitioner r. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 90-6026. Peter X. Cunningham, aka Romania Peter Cunning- ham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6028. Robert Houston Woods, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6030. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6032. Aaron B. Scruggs. Petitioner v. Tom Bradley, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6033. Fred Whitaker, Petitioner v. Donald Pascarella, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-6035. James T. Fite, Petitioner v. Leon Burns, Jr., et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6040. Bill Herron, Petitioner v. David Kite, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6046. Gary D. Tebbets, Petitioner v. City of Overland Park, Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 90-6049. Vernetta I. Steele, Petitioner v. County of Los Ange- les. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-6055. Darryl Moore, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-6056. Earl Grooms, Petitioner v. Prince George's County. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. JANUARY 7. 1991 355

No. 90-6058. W. J. Russell Taylor, Petitioner v. Monsanto Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-6065. Daiva Richardson, Petitioner v. City of South Euclid,

Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6068. Kevin Mark Bowles, Petitioner v. T.N. Nance, Judge of the Circuit Court of the City of Richmond, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6069. Percy E. Cooksey, III, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern Dis- trict, denied.

No. 90-6073. Dexter Crockett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6078. John Alan Johnson, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 90-6079. Bobby Dale Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6080. Bobby Dean Huckaby, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

No. 90-6087. Samuel F. Wright, Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 90-6094. James Wilken, Petitioner v. John Whitley, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6102. Debra Henne and Linda Spidell, et al., Petitioners v. Gregg Wright and Stanley S. Cooper. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6104. Lincoln Lane Addleman, Petitioner v. Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6107. Lincoln Lane Addleman, Petitioner v. Board of Prison

Terms and Paroles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 356 MONDAY. JANUARY 7. 1991

No. 90-6112. David Felton, Petitioner v. Talmadge Barnett, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6115. Walter B. Bull, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6116. James Canterbury, Petitioner v. Edward Francis Ka- lisz. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-6117. Lawrence Tamale, Petitioner v. Regents of the Univer- sity of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6123. David G. Lanam, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 90-6125. Billy Holmes, aka Billy Richards, Petitioner v. Ray Hardy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6127. Jerry Allen Taylor, Petitioner v. T. K. International,

Inc. , Shopmen's Local 620 Union. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6129. James Allen Peters, Petitioner v. John Runda, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6131. Andrew Walker, Petitioner v. David Rardin, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6133. Fabio Diaz, Petitioner v. John Rojeski, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6134. Edward Smith, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6136. James S. Greene, Petitioner v. Dutch Point Credit Union. Petition for writ of certiorari to the Appellate Court of Connect- icut denied.

No. 90-6139. John Levy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. JANUARY 7. 1991 357

No. 90-6140. Roger R. Larson, Petitioner v. Gene O'Connell, et al. Petition for writ of certiorari to the Appellate Court of Illinois. Fourth District, denied.

No. 90-6143. Randolph Garaux, Petitioner v. Daniel Vasquez, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-6149. Gustavo Guerrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6151. Jerry Wayne Brooks, Petitioner v. Attorney General of the State of Alabama. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6152. Darrell Lamont Bailey, Petitioner v. United States; and Darrell Lamont Bailey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6154. William Cooper, Petitioner v. Dale Stallman, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-6158. Gladys Graham, Buford Graham and David McCrary,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6159. Arlene Martin, et al., Petitioners v. Dana Marriner, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6161. Merrill Larry Ivery, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6162. Fonnie Holly, Petitioner v. John P. Whitley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6164. John Steven McPeak, Petitioner v. Jeff Reynolds, Com- missioner, Tennessee Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6165. Bobbie L. Todd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 358 MONDAY. JANUARY 7. 1991

No. 90-6168. Paul Henry Horstmann and Bertha Beatrice Horst- mann, Petitioners v. Harley H. Swink, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6171. Walter J. Moore, Petitioner v. Kansas Department of

Social and Rehabilitation Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6172. Edmund F. Wakelin, Sr., et al., Petitioners v. Leonard M. Gulino. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6175. Richard M. Blackstock, Petitioner v. Farm and Home Savings Association. Petition for writ of certiorari to the Court of Ap- peals of Missouri, Western District, denied.

No. 90-6176. Walid Ahmed Abuelhawa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6178. Rory D. Nitcher, Petitioner v. Donald Cline, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6183. Paul M. Humphrey, Petitioner v. Ohio Department of Rehabilitation and Correction. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 90-6194. William L. Marshall, Petitioner v. Thomas A. Ful- comer, Superintendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-6197. Robert Estrada, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6198. Jose C. Rodriguez, Petitioner v. Warren Young, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-6200. Michael Garrett Williams, Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-6203. Herbert Charles Blatchford, Jr., Petitioner v. George

Sullivan, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. JANUARY 7. 1991 359

No. 90-6204. Louis Ramos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6206. Miriam Galindo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6207. Under Seal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6208. Clifford John Collins, Petitioner v. Sgt. Halcott, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6209. Norberto Gomez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6211. John Bousquet, Petitioner v. New Hampshire. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 90-6214. Brett Charles Diemer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6215. Juan L. Steward, Petitioner v. H. Lawrence Garrett,

III, Secretary of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6216. Angel Rodriguez, Petitioner v. Pat Arvonio, Adminis- trator, East Jersey State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6217. Larry Stephen Robbins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6220. Sessi Adamu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6226. Herschel Colbert, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 90-6230. James L. Martin, Petitioner v. Stephen W. Townsend, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. 360 MONDAY. JANUARY 7. 1991

No. 90-6231. Thomas K. Holland, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6234. Roger L. Lyle, Petitioner v. Anne Cords, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6236. Morad Khan Dorani, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6237. Joel S. Flakes, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied.

No. 90-6240. Juvenile Action No. JV-115567, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Divi- sion One, denied.

No. 90-6246. Janet M. Phillippi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6247. Sunrise Harmony, aka Stephen Semple, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6249. John Berry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6256. Rigoberto Santana, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6258. Gregory Pierre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6260. George Sassower, Petitioner v. Richard L. Thorn- burgh. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 90-6264. George Anthony Bennett and Jerry Robert Anderson,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6267. Carl Martin, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, JANUARY 7. 1991 361

No. 90-6269. Ali Fazale Khaliq, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6272. Robert Leon Du'Hart, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 90-6273. James Gibson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6279. Raymond F. Stinson, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 90-6284. William Conley, Petitioner v. Warden, Maryland Peni- tentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6286. Charles A. Boland, Petitioner v. General Motors Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6288. Levelt Francois, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6292. Fonza David Jackson, Petitioner v. John Jabe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6295. Terrell Lynne King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6298. Brian G. Breeding, Petitioner v. J. O. Davis, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-6299. Clarence Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6300. John D. Presley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6305. Isa Danasabe Yusufu, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 362 MONDAY. JANUARY 7. 1991

No. 90-6306. Raymond M. Pineda, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6307. Richard L. Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6308. Gene Gray, Petitioner v. Board of County Commission- ers for the County of El Paso, Colorado, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6310. Gary Lincoln Young, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6312. Jose William Franco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6316. Jose Sardina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6319. Herman Louis Bright, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6321. John James Tribell, Petitioner v. Hartwell R. Hatfield,

Warden, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division, denied.

No. 90-6327. John Jacecko, Petitioner v. West Chester State Univer- sity, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6331. Damien Hawkins and Peter Hawkins, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6333. Horace Holmes, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6335. Robert Brant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6341. Garry David Gallardo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. JANUARY 7. 1991 363

No. 90-6342. Leonard Epps, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6343. Filippo Filiberto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6346. Luis Humberto Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6348. John Henry Griffin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6349. Keith Elliott Colbert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6350. Earl Tyrone Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6360. Jack I. Ice, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6361. Lonnie Dawson, Petitioner v. United States. Petition for writ- of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6365. Donny Joel Harvey, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6369. Michael E. Galloway, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6378. Andrew Matthew Winfrey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6382. Jose Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6384. Richard Snyder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 364 MONDAY. JANUARY 7. 1991

No. 90-6387. Pedro Camilo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6396. Leon Glaspy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6398. Amado Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6404. Dennis Ray Paden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6407. Rodney L. Dennard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6412. Nestor William Galindo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6425. Kenneth Mathews, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1421. Marvin Powell, et al., Petitioners v. National Football

League, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice White and Justice Blackmun would grant certiorari.

No. 90-271. Joseph N. Aquilina, Petitioner v. Immigration and Natu- ralization Service. The motion of Rosemarie Barone and Joseph W.

Aquilina for leave to intervene is denied. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-401. Betsey Warren Lebbos, Petitioner v. Supreme Judicial Court of the Commonwealth of Massachusetts. The motion of G. G.

Baumen for leave to file a brief as amicus curiae is granted. The motion of Harold Rauch for leave to file a brief as amicus curiae is granted. The motion of Raymond Dunn for leave to file a brief as amicus curiae

is granted. The motion of Barry D. Ammon for leave to file a brief as amicus curiae is granted. The motion of Ronald Z. Berki for leave to

file a brief as amicus curiae is granted. The motion of John B. Gunn for

leave to file a brief as aynicus curiae is granted. The motion of John Rakus for leave to file a brief as amicus curiae is granted. Petition for MONDAY. JANUARY 7. 1991 365 writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 90-429. Four County Electric Membership Corporation, Peti- tioner v. Betsy Y. Justus, in her official capacity as Secretary of the North Carolina Department of Revenue. The motion of National Rural

Electric Cooperative Association, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 90-444. Alabama, Petitioner v. Jerry Ray Carrell. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 90-489. Jack R. Duckworth, Superintendent, Indiana State

Prison, et al., Petitioners v. William E. Crank. The motion of respond- ent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 90-494. Blue Cross and Blue Shield of Alabama, et al., Petition- ers v. Fred Brown. The motion of American Council of Life Insurance, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-546. Susan Griffith, et vir, et al., Petitioners v. Marlin John- ston, individually and as Commissioner of the Texas Department of Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari. No. 90-750. Joseph Zinker, Executor of the Estate of Nancy Zinker, deceased, Petitioner v. J. Paul Doty and Judity A. Kemp. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White would grant certiorari.

No. 90-5535. Joseph J. Christoph, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White would grant certiorari.

No. 90-608. William H. Kucharek, et al., Petitioners v. Donald J. Hanaway, Attorney General of Wisconsin. The motion of Children's

Legal Foundation, Inc., et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-676. Miami Center Limited Partnership, et al., Petitioners v. Bank of New York. The motion of petitioners to defer consideration of 366 MONDAY. JANUARY 7. 1991 the petition for a writ of certiorari is denied. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5536. Henry H. Amsden, Petitioner v. Thomas F. Moran, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-5872. Alga Hope, Jr., Petitioner v. United States. The appli- cation for stay of mandate addressed to Justice Marshall and referred to the Court is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5932. Donald Miller, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 90-6044. Norman Darrell Baxter, Petitioner v. Ralph Kemp, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Marshall.

No. 90-6111. Walter Milton Correll, Jr., Petitioner v. Charles E. Thompson, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Marshall.

No. 90-6223. Mitchell Williams, Petitioner v. Zell Miller, et al. The petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit before judgment is denied. Habeas Corpus Denied

No. 90-6253. In Re Charlie and P.J. Eastland, Petitioners. The peti- tion for writ of habeas corpus is denied. Mandamus Denied

No. 90-5974. In Re John D. Crouch, Petitioner; No. 90-6057. In Re Harold Smith, Petitioner; No. 90-6110. In Re Kwasi Seitu, Petitioner; and No. 90-6160. In Re Audrey Miller, Petitioner. The petitions for writs of mandamus are denied. No. 90-6177. In Re Walter Leroy Moody, Jr., Petitioner. The peti- tion for writ of mandamus is denied. Justice Stevens would grant mandamus. No. 90-6180. In Re Raymond H. Hertel, Rita M. Hertel and Ronald J. Hertel, Petitioners. The petition for writ of mandamus and/or prohi- bition is denied. monday. january 7. 1991 367 Rehearings Denied

No. 90-295. Billy J. Temple, Petitioner v. Synthes Corporation, Ltd.;

No. 90-430. Paulette Shelton, Petitioner v. Greater Cleveland Re- gional Transit Authority;

No. 90-475. Arthur Falkner, et ux., Petitioners v. United States Dis- trict Court for the Southern District of Florida;

No. 90-5380. Anthony Edwards, Petitioner v. United States; No. 90-5472. In Re Morris May, Petitioner;

No. 90-5574. Joyce Anne Dabish, Petitioner r. Chrysler Corporation;

No. 90-5580. Donna Carvalho, Petitioner v. Public Employees Fed- eration, et al.;

No. 90-5585. Taj Jarallah, Petitioner v. Pickett Hotel Company, dba

Picket Suite Hotel, et al.;

No. 90-5614. Harry A. Coombs, Petitioner r. N.L. Chemicals, Inc., et al.; No. 90-5643. In Re Ronnie Lee Alston, Petitioner;

No. 90-5660. James Watts, Petitioner v. James R. Cullinane, et al.;

No. 90-5695. Willie Watkins, Petitioner v. Department of Treasury, et al.;

No. 90-5703. Jennie Amodeo, Petitioner v. Columbia Broadcasting

System, et al.;

No. 90-5727. Sylvester Jones, Petitioner v. Eyvon Mendenhall, et al;

No. 90-5732. William Maurice Cox, Petitioner v. Midge Carroll, Warden;

No. 90-5760. Henry Stepler, Petitioner v. Ohio Adult Parole Author- ity, et al.;

No. 90-5784. William Schlicher, Petitioner v. Steven Davies, et al.;

No. 90-5786. Gary Wayne Hirsch, Petitioner v. Oregon;

No. 90-5795. Everett Young, Petitioner v. United States;

No. 90-5799. Andrew Searcy, Petitioner v. Houston Lighting & Power Company, et al.;

No. 90-5809. Gary Lee McColpin, Petitioner v. Nola Foulston; No. 90-5834. Sharon Myrl van Leeuwen and W.W.J, van Leeuwen,

Petitioners v. Robert W. McCorkindale, Circuit Judge, Arkansas, et al; 368 MONDAY. JANUARY 7. 1991

No. 90-5858. David A. Ford, Petitioner v. United States;

No. 90-5866. Jo-Ann Marshburn. Petitioner v. Meredith T. Richard- son, etc.;

No. 90-5878. Sherman S. Weber, Petitioner v. California State Bar, et al.;

No. 90-5880. Edward A. Ganey, Jr., Petitioner v. Aaron J. Johnson, et al; and

No. 90-5885. Michael Sindram, Petitioner v. Johnathon T. Moran, et al. The petitions for rehearing are denied.

No. 89-7502. Jerlene Abbott, Petitioner v. Claiborne Parish School Board;

No. 89-7534. Michael W. McRae, Petitioner v. Maryland;

No. 89-7702. Jack D. Liffiton, Petitioner v. United States;

No. 89-7839. Robert Jackson Thompson, Petitioner v. California;

No. 90-5015. Carlton Gary, Petitioner v. Georgia;

No. 90-5145. Eugene H. Hewlett, Petitioner v. Jeffrey A. Beard, et al.;

No. 90-5190. John Robert Myers, Petitioner v. Joseph Martinez, Warden;

No. 90-5250. Chester N. Berman, Petitioner u John R. Griffiths, III and Diane M. Griffiths; and

No. 90-5279. Mary Louise Gordon, Petitioner v. Michael J. Bowers, Jr. The petitions for rehearing are denied. Justice Souter took no part in the consideration or decision of these petitions. No. 90-93. R. Dobie Langenkamp, Successor Trustee of the Bank- ruptcy Estates of Republic Trust & Savings Company and Republic Fi- nancial Corporation, Petitioner v. C. A. Culp, et al. The petition for re- hearing is denied. Justice Kennedy took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Wayne James Aaron Erie, PA John Paul Garhart Mitchell Jordan Abrams Atlanta, GA Joseph F. Page John K. Addy Billings, MT James H. Goetz Zachary P. Alexander Philadelphia, PA C. Clark Hodgson, Jr. MONDAY. JANUARY 7. 1991 369

Applicant City and State Movant

Susan Au Allen Washington, DC Paul Shearman Allen George Robert Alvey Jr. New Orleans, LA Robert B. Acomb, Jr. Barry D. Ammon Oakland, CA Edward H. Steinman

Douglas Alan Amo Orange, CA Andrew J. Pyka Eric North Anderson Pittsburgh, PA Carl Andrew Eck

Gary S. Anthony Mount Clemens, Raymond G. MI Glime Robert Elton Arceneaux New Orleans, LA Mack E. Barham Emily Arean-Diaz San Juan, PR Pedro Pumarada Don Wittrup Atkins Detroit, MI Timothy A. Baughman Daryl A. Audilett Tucson, AZ Denneen L. Peterson Caroline Patricia Ayres- Wilmington, DE Thomas C. Fountain Crumplar

Barbara J. Baird Indianapolis, IN Frederick William Dennerline III Wilton Anthony Baker Bethesda, MD Karen E. Chandler Paul Gary Bangel Bradenton, FL H. Hamilton Rice, Jr. Victor Barall Brooklyn, NY Jay Louis Weiner Hollinger F. Barnard Birmingham, AL James Clifton Barton Billy R. Barron Trenton, TN Dwayne D. Maddoxx

Frank C. Bedinger III Atlanta, GA J. Bruce Welch Richard C. Bellak Tallahassee, FL Marsha Ellen Rule Marth E. Bellinger Los Angeles, CA Harry B. Sondheim Peter W. Berger Des Moines, IA William L. Kutmus Ronald Z. Berki San Jose, CA Edward H. Steinman 370 MONDAY. JANUARY 7. 1991

Applicant City and State Movant

Richard Alan Bernstein New York, NY Peter Carroll Gould Richard David Bertram New Orleans, LA Robert B. Acomb, Jr. Vr*vLr NT'S" iviai 10 r>iaggi ji . IN e\\ 1 01 K, IN 1 Morris Sutton

Jerry S. Birenz iNew 1 OIK, IN 1 Peter Carroll Gould Coe Arthur Bloomberg Los Angeles, CA James W. Geriak Stephen J. Bock Southfield, MI Kenneth J. Bloom Colleen Boles Bombardier Washington, DC Henri F. Fush Joseph Eugene Boone New Albany, MS Lester Furr Sumners Mitchell F. Borger New York, NY Arthur Theodore Cambouris Marilyn E. Bradley Abilene, TX Judge Donald Hyram Lane

Barry L. Breslow Keno, l\ V Keegan Graham Low Cory Brundage Indianapolis, IN rthur P. Kalleres

Wanda Merilyn Brush Southfield, MI Kenneth J. Bloom Judith A. Busch Waterbury, CT Timothy C. Moynahan Miriam Epstein Cahn West Orange, NJ Jeffrey Barton Cahn Kathleen Laird Caldwell Memphis, TN Lancelot Longstreet Minor, III Christopher Gerald Los Angeles, CA Karl M. Manheim Caldwell E. Barclay Cale Jr. Miami, FL Richard A. Pettigrew William E. Callahan Jr. Milwaukee, WI Robert K. Steuer Alan Jerome Canner Boulder, CO Joseph R. Quinn Catherine M. Canright Milwaukee, WI Myron B. Katz Mark E. Caplinger Topeka, KS James M. Caplinger, Jr. James M. Caplinger Topeka, KS James M. Caplinger, Jr. MONDAY. JANUARY 7. 1991 371

Applicant City and State Movant

Gwen G. Caranchini Kansas City, MO Jerome Dean Riffel H. Bissell Carey III Hartford, CT James A. Wade Alan G. Carlson Minneapolis, MN John Douglas Gould Wilson Holmes Carroll Jackson, MS Stephen Joseph Kirchmayr, Jr Glynn Burroughs Cartledge Reno, NV Richard Kent Robison Howard Neil Cayne Washington, DC John Daniel Hawke, Jr. Andrea Jean Chambers Washington, DC Thomas Francis Brosnan Susan Forbes Clark Tallahassee, FL Michael A. Palecki Alicemary L. Closuit Fairbanks, AK Michael J. Walleri Jay Michael Cohen Brooklyn, NY Peter Alan Weinstein Steven Howard Cohen Poughkeepsie, Howard S. NY Finkelstein Michele Denise Collins Nashville, TN Larry David Woods P. Phillips Connor Chicago, IL Lewis T. Steadman Richard M. Constantine New York, NY Peter Carroll Gould R. Mark Cory Des Moines, IA Paul Fred Ahlers Kenneth D. Crews McAllen, TX Thomas Preston Wingate Donald G. Criscuolo North Miami Alan L. Weisberg Beach, FL Thomas B. Cummings Santa Ana, CA James L. Crandall George M. Cunyus Dallas, TX George Camp Chapman Alexander B. Cvitan Los Angeles, CA Julius Reich Michael Alan Dailey Norcross, GA Steve J. Davis Eric D. Daniels Hartford, CT James A. Wade Michel A. Daze Washington, DC Peter Charles Friedman 372 MONDAY. JANUARY 7. 1991

Applicant City and State Movant

Raymond M. Deeny Colorado Springs, Steven Kent CO Mulliken Rodham Tulloss Delk Jr. Smithfield, VA Thomas G. Slater Jr. Thomas Allen Dill Sharon, PA Charles Frederick Gilchrest

Bette J. Dodd Indianapolis, IN Arthur P. Kalleres Maureen Duffy Madison, WI Michael R. Fox Raymond Vincent Michael San Jose, CA Edward H. Dunn Steinman Stephen S. Dunn Pocatello, ID Norman Randy Smith James A. Eastwood Arlington, VA Michael Flynn McBride William H. Eilberg Jenkintown, PA John William Chestnut

Melvm I. Evans Atlantic Beach, Sondra I. Harris NY James C. Fattor Denver, CO Donald Paul MacDonald Stuart T. Feeley Honolulu, HI Margaret Louise Cummisky Paul John Ferencek Bridgeport, CT Steven Merrill Allen Sellers Clinton D. Flagg Coral Gables, FL Charles K. George Stephen Edward Ford Chicago, IL Robert Lee Kiesler David Franklin Freeman Washington, DC John Daniel Jr. Hawke, Jr.

Charles J. French III Cleveland, OH Robert E. Tait Russell Scott Frye Alexandria, VA Edmund Sixtus Muskie

Ira J. Furman Woodmere, NY Robert H. Harris Steven Kent Gaer Des Moines, IA Paul Fred Ahlers Joseph M. Gagliardo Chicago, IL Alan M. Levin William Francis Gatelv Baltimore, MD Benjamin Rader Goertemiller MONDAY. JANUARY 7. 1991 373

Applicant City and State Movant

Roger C. Geary Kansas City, MO Elwood L. Thomas Don Jeffrey Gelber Honolulu, HI Martin Pence

Thomas H. Geyer Platte ville, WI Claude J. Covelli

Dominic J. Gianna New Orleans, LA Roy Clifton Cheatwood Wilder G. Gleason Darien, CT Stewart Michael Casper David Sheldon Goldberg Rockville, MD Max M. Goldberg Brian G. Grace Wichita, KS Alan L. Rupe Jan Graham Salt Lake City, Calvin L. UT Rampton Benjamin Heyward Green Stamford, CT Robert S. Getman William Ralph Groth Indianapolis, IN Frederick William Dennerline III James Kenneth Guin Jr. Birmingham, AL James Oliver Haley John Berkley Gunn San Jose, CA Edward H. Steinman Phillip Lewis Hack San Diego, CA Edward Carl Walton

Ann P. Hagan Mexico, MO Louis J. Leonatti James G. Hahl Daytona Beach, William M. Barr FL Roy Dowell Hailey Houston, TX Conrad Alvis Day Charles Keith Ham Bristow, OK William Charles Sellers Robrt G. Hamlin Boise City, ID R. B. Rock Sam Sloan Harben Jr. Gainesville, GA Robert E. Andrews David M. Haskett Indianapolis, IN Hugh E. Reynolds, Jr. Paul Howard Haymes Angleton, TX Lloyd Douglas Stansberry Linda Ottinger Headley Houston, TX Jeffrey C. Londa

Daniel J. Healy Vallejo, CA Frank Epstein Mark N. Henry Honolulu, HI Frank D. Padgett 374 MONDAY. JANUARY 7. 1991

Applicant City and State Movant

Isham Faison Hicks Charlotte, NC Charles William Sydnor Thompson, Jr. Richard J. Hiegel New York, NY Richard Wayland Clary Darrell Charles Hill St. Paul, MN Steven C. DeCoster Kenneth S. Hixson Fayette ville, AR Lewis D. Jones Charles Leslie Hobson Sacramento, CA Frank Kellogg Richardson Lawrence Martin Hodapp Washington, DC Ernest Jay Isenstadt Karen Leueen Hoewing Richland, WA Richard Lee Hames David B. Hooper Riverton, WY William L. Miller Bobby Jack Horton Houston, TX Paul Lawrence Friedman John William Hough Olympia, WA Kenneth 0. Eikenberry Mark Earl Howard Concord, NH Michael D. Ramsdell Thomas Hoxie Baltimore, MD Francis Joseph Gorman G. Patrick Hunter Jr. Charlotte, NC Robert McCorkle Bisanar William L. Hyde Tallahassee, FL Barry Scott Richard Terry A. Ickowicz Los Angeles, CA Randye Beth Soref Martin William Inderbitzen Pleasanton, CA William D. McCann David Brent Irvin Nicholas ville, KY Bernard T. Moynahan, Jr. Renuka V. Jain Houston, TX David Randall Hurley Randolph M. James Winston-Salem, John Franklin NC Morrow David Martin Jamieson Modesto, CA Roger Martin Schrimp MONDAY. JANUARY 7. 1991 375

Applicant City and State Movant

David J. Johns Willow Grove, PA Thomas M. Ferrill, Jr. Barry H. Johnson Aiken, SC Stephen George Morrison Charly L. Jones Washington, DC Barbara K. Heffernan

T Clyde Conley Kahrl Mount Vernon, William W . OH Mosholder Judy Kaida Sacramento, CA Wanda Hill Rouzan Richard Jay Kalish San Francisco, CA Judge Stanley A. Weigel James Lance Kaller San Francisco, CA Jerome M. Garchik Thomas 0. Kapke Milwaukee, WI George A. Kapke John S. Keller New Orleans, LA Darleen M. Jacobs T. Christopher Kelly Madison, WI Brue Frederic Ehlke Robert Dale Kelly Sr. Norman, OK Ralph Gordon Thompson Thomas Albert Kendrick Birmingham, AL Robert D. Norman Douglas E. Kingsbery Raleigh, NC Wade M. Smith J. Scott Kirk Orlando, FL James Richard Caldwell, Jr. Jo Beth Karnei Kloecker Needville, TX Ronald R. Pope Bill Kowalski Middlefield, CT David Michael Teed Thomas L. Krebs Birmingham, AL John Michael Rediker William W. Krueger III Austin, TX William B. West Eric A. Kueffner Juneau, AK William B. Rozell Jerome James LaCorte Ocean City, MD George Edward Burns, Jr. Patricia M. Lacey Washington, DC Mark Lewis Evans Reginald J. Laurent Slidell, LA Okla Jones, II Kendall Alexander Layne Oakland, CA James H. McAlister . .

376 MONDAY. JANUARY 7. 1991

Applicant City and State Movant

xYdllllWl rvlllclld L/cUlg VV dblllll^i IUI1, dUilll d. llgeil, V 1 Peter J. Leehey roil iJOCige, 1A Donald Norbert Kersten

David 0. Leiwant I3l 00kl\ n, IN I retei Alan Weinstein

Homero Leon Jr. ui ianao, r Li .Lestei b. Wisotsky Charles H. Lichtman Fort Lauderdale, Jeiirey Mai K

FT VV tlbblllall

I ap A >a frn 1 aa a* ( A •j uiiii ijie uei l i-/Ub jriiigeieb, v_- rl. IVlLlldl U lVllLIlclel

xvi eisier

• Thomas LivingstonT • rlttSDUlgn, rA Thomas A. HlgbLUIl

John W . Logan Jr. willow move, rA l nomas M. r errni, ji i-jQUdiao r enpe ijopez \In,v York MY jDernara josepn IVUUlIlo 1 T.pcfpy Q X-LponarvTJ\^wll

T o rv> c T T3 1 l^ol" t xvtr\ 111 1. lj^licll Akrnn OT-T ddlllcb J-/. JDlLlVcLL

.ueonoi Angelica iviaccni i-iOrain, uri iviariin lviainias neuei ling

T T q n o rvrr\ i 1 1 o T- T Totyidc T Horvicon .L/fc?UIldILl O. lVldglLl ddLn.bUIl\ llltr, r 1j sJdlllcs l^i. Xxdl I laUll

( Unii 1 T AyiAn OUbdll xYdv lVxdK.1 oL. -L/OUlb I din., rdui doneb MM

Ld\\ rence v^idj ividiicK uurango, l^w £>i uce ivi.

ivi rKpa l r i ck

Robert K. Marchese orooKiyn, in i Ronald James d Angeio

Helton (jra\ le Marsnall Lake Charles, LA Kicnara rniiiip itfy UUU

TayyiaC C\ IVI Kji a \ mono r . ivianin i\ie\\ wi leans, i^a ddiiieb v^. ivi. w omacK

uonaiG r 1 anKiin iviason jr. xVlIlgbpUI I, 1 IN JL/. JDI ULc Olllllt: Mpyv Ovl pan? LA .Tamp? Y) I LcXllI\ X_< . IVldooCllgdlC o uinco xv McMichael Joel T. Massey Chandler, OK Paul Miner Vassar Mari Mayeda Oakland, CA Guy Terry Saperstein MONDAY. JANUARY 7. 1991 377

Applicant Citv and State Movant

William David McCullough Norman, OK Michael Minnis Jr.

Paul F. McCurdy Stamford, CT Patrick J. Dwyer Daniel W. McDonald Minneapolis, MN John Douglas Gould John Patrick McDonald Fanwood, NJ Theodore Case Whitehouse Jimmy D. McDougle Monroe, LA Robert Lee Curry, III Maureen A. McGinnity Milwaukee, WI John Robert Dawson Milton Eugene Mclver Upper Marlboro, Frederick G. MD Minnis, Jr. Kevin James McKeon Harrisburg, PA Gregory R. Neuhauser Ira Joel Middleberg New Orleans, LA Revius 0. Ortique, Jr. Eric Nathaniel Miller Washington, DC Lee A. Satterfield Larry S. Mills Danville, IL John P. Meyer Randal D. Morley Tulsa, OK W. Keith Rapp David Leon Morrison Columbia, SC Ernest Joseph Nauful, Jr. Stephen A. Moyik Austin, TX David Lee Bridges John F. Murphy Kansas City, MO Elwood L. Thomas Andrew Jan Mytelka Galveston, TX Joseph D. Jamail Richard P. Neuworth Baltimore, MD Burton Harry Levin Charlotta Norby Atlanta, GA Stephen B. Bright Michael T. O'Brien Rockford, IL John C. McCarthy Christopher D. Oakes Chicago, IL Clifford Edward Yuknis Leslie G. Offergeld Belleville, IL James Christopher Cook Paul Michael Ostroff Los Angeles, CA Richard Michael Kreisler 378 MONDAY. JANUARY 7. 1991

Applicant City and State Movant

Gary Anzel Owen Carson City, NV J. Thomas Susich James Park Jr. Lexington, KY Charles S. Cassis Susan Milner Parker Raleigh, NC James K. Dorsett, Jr. Jordan N. Peckham Chico, CA Ann Rubenstein Lewin Patricia Anne Perkins San Francisco, CA Charles W. Kenady Mark L. Perlis Washington, DC K. Martin Worthy Brendan J. Perry Holliston, MA Gerald E. Gaffin H. Wayne Phears Atlanta, GA Steve J. Davis Thomas L. Powell Tallahassee, FL W. Dexter Douglass John Rakus Sacramento, CA Simeon S. Reibin James Eugene Ramsey Anchorage, AK Richard Dean Kibby Katherine Randall Lexington, KY Charles S. Cassis Catherine Ravinski Arlington, VA William Herbert Davis, Jr. Carrold E. Ray Little Rock, AR Eugene Gilbert Sayre James H. Reilly III Providence, RI Brian VanCouyghen Lisa S. Rice Houston, TX David Randall Hurley Steven Lorne Richards Hartford, CT James A. Wad Morris Wade Richardson Birmingham, AL Robert McDavid Smith Kenneth A. Richey Austin, TX Charles Davis Craig, III Denovious Adolphus Rivers Chicago, IL Ellis E. Reid Brett Alan Rivkind Miami, FL Allan Richard Kelley Cliff Lee Roberts Houston, TX Charles Robert Franzen Roger D. Roberts II Salem, VA Harry F. Bosen, Jr.* Steven Edmond Rohan Jacksonville, FL James L. Harrison MONDAY. JANUARY 7. 1991 379

Applicant City and State Movant

Catherine J. Ross New York, NY Arthur L. Liman Daniel Rozenstrauch Chicago, IL Judge Shelvin Singer Bobby M. Rubarts Dallas, TX Robert H. Mow, Jr. Thomas R. Saltarelli Irvine, CA Michael J. Steponovich, Jr. Charles J. Sanders New York, NY Alan L. Shulman David Glen Sanders Baton Rouge, LA Winston Gerard DeCuir Lynn Gambino Saperstein Fort Lauderdale, Martin David FL Kahn M. Michael Sasser Boise City, ID R. B. Rock David Sasser Boise City, ID R. B. Rock Gregory J. Schlesinger Chicago, IL Gary Jay Ravitz Keith Philip Schoeneberger Chicago, IL Richard J. Rappaport Hugh Patrick Seaworth Bismarck, ND Nicholas John Spaeth Paul Andrew Seigfried Mexico, MO Louis J. Leonatti Kollin Shadle Abilene, TX Judge Donald Hyram Lane Beverly Eugenia Sharps Pleasant ville, NJ Philip A. Gruccio

Eugene E. Siegel Palmdale, CA Victor I. Reichman Bradley S. Silverbush New York, NY Daniel Finkelstein Peter L. Simmons New York, NY Alexander R. Sussman Lori Schultz Simpson Baltimore, MD Richard L. Schultz Terrence G. Simpson Providence, RI Brian VanCouyghen Steven Joseph Sloan Morristown, NJ Stephen S. Weinstein Eric Smith Anchorage, AK Lawrence A. Aschenbrenner W. Steve Smith Houston, TX Robert A. Hall Arlo Hale Smith San Francisco, CA Sherwood Glen Wakeman 3S0 MONDAY. JANUARY 7. 1991

Applicant Citv and State Movant

Gregory Duane Smith Tyler. TX Michael Austin Hatchell Janice Hope Snider Morristown, TX John Frank Dugger Michael J. Spetrino Medina. OH James L. Bickett Stuart John Starry Houston. TX Robert Brien Dillon

Saul J. Steinberg Voorhees, NJ Jeffrey Charles Zucker Martin A. Stewart Dallas. TX Robert R. Young Thaddeu E. Strom Edgefield. SC J. Strom Thurmond Marie Breaux Stroud New Orleans. LA James D. McMichael Richard X. Sullivan Braintree, MA Paul F. Kenney Mary Ann McGrath Swaim New Orleans, LA Henry Deeb Gabriel Carolyn Joyce Anne Swift Washington. DC Felix Benjamin Laughlin

Yim Moi Szeto Houston. TX J. Leah N. Culp

Thomas J. Taller ico Detroit. MI Brian G. Shannon Barry L. Taub Eugene, OR Charles 0. Porter Warren Royal Taylor Houston. TX Robert C. Floyd R. Scott Tavlor Anchorage. AK Alexander 0. Bryner Grant Richard Telfer Beaux Aits John W. Witt Village, WA Robert H. Thomas Berkeley, CA Kenneth Roy Kupchak Arnold Jacy Thurmond Jr. Arlington. VA Donald R. Livingston Lynn C. Toler Cleveland. OH Robert E. Tait Eric Twelker Juneau. AK Rollie R. Rogers John E. Uffelman Portland. OR Norman Sepenuk Terry L. Unruh Wichita, KS Alan L. Rupe Maria Beatrice Valdez Washington, DC Ann Scharnikow DuRoss MONDAY. JANUARY 7. 1991 381

Applicant City and State Movant

Robert Brink VanCleave Overland Park, Thomas Marion KS VanCleave Jr. John Louis Viola Los Angeles, CA Bruce A. Beckman Laurie A. Vogel Albuquerque, NM George Cherpelis Ann Hardgrove Voris San Francisco, CA Paul F. Higaki, Jr. Jay Warren Waks New York, NY Fred A. Freund James F. Wallington Vienna, VA Gary S. Witlen Timothy J. Warfel Tallahassee, FL Robert Steven Goldman William Gerard Warner Panama City, FL W. Fred Turner

r Jay W. Wason Jr. Syracuse, NY Jay W . Wason r Kenneth B. W assner San Jose, CA Warren Sherwood Forest Shirley K. Watkins Los Angeles, CA Steven B. Stevens Martha L. Weems Knoxville, TN Randall Eugene Reagan Gregory Carl Weiss Metairie, LA Donald A. Hammett Daniel W. Whitney Baltimore, MD Benjamin Rader Goertemiller Ralph David Wicker Jr. Durham, NC C. Douglas Fisher Karl L. Wiegand Camp Springs, Arthur J. Frank MD Jaclin M. Wike Bismarck, ND Leonard H. Bucklin Henry German Will Tulsa, OK John S. Athens Sherry Lee Wilson Nickels ville, VA Hugh Fairley O'Donnell Randolph N. Wisener Dallas, TX Karl L. Rubinstein Janll M. Wolfe Arlington, VA Gerald Lee Kesten Geroge Edward Yund Cincinnati, OH Donald McGregor Rose Phillip J. Zisook Chicago, IL Samuel J. Betar, Jr. 382 MONDAY. JANUARY 1991

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Shereen R. Arent Washington, DC Brian Wolfman Cherry Lynne Poteet Columbus, OH Nancy J. Miller Nancy Kathryn Johnston Columbus, OH Nancy J. Miller James J. Tancredi Hartford, CT Henry Salum Conn Kirk D. Tavtigian Jr. Avon, CT Henry Salum Cohn

Oral Arguments

No. 90-143. Connecticut and John F. Digiovanni, Petitioners v. Brian K. Doehr. Argued by Mr. Henry S. Cohn for the petitioners and by Mrs. Joanne S. Faulkner for the respondent.

No. 89-1322. Oklahoma Tax Commission, Petitioner v. Citizen Band Potawatomi Indian Tribe of Oklahoma. Argued by Mr. David Allen Miley for the petitioners, by Mr. Edwin S. Kneedler for the United States as amicus curiae by special leave of Court, and by Mr. Michael Minnis for the respondent. No. 89-1817. County of Riverside and Cois Byrd, Sheriff of River- side County, Petitioners v. Donald Lee McLaughlin, et al. Argued by Mr. Timothy T. Coates for the petitioners and by Mr. Dan Stormer for the respondents.

No. 89-7376. Pearly L. Wilson, Petitioner v. Richard Seiter, et al. Argued by Ms. Elizabeth Alexander for the petitioner, by Mr. William C. Bryson for the United States as amicus curiae, supporting peti- tioner, by special leave of Court, and by Ms. Rita S. Eppler for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. JANUARY 8. 1991 383 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1452. Mobil Oil Exploration & Producing Southeast Inc., et

al., Petitioners v. United Distribution Companies, et al.; and

No. 89-1453. Federal Energy Regulatory Commission, Petitioner v.

United Distribution Companies, et al. On writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment re- versed and cases remanded to the Court of Appeals for further proceed- ings in conformity with the opinion of this Court. Opinion by Justice White. Justice Kennedy took no part in the decision in these cases.

No. 89-658. John L. Cheek, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice White. Opinion by Justice Scalia concurring in the judg- ment. Dissenting opinion by Justice Blackmun with whom Justice Mar- shall joins. Justice Souter took no part in the consideration or decision of this case.

No. 89-5916. Richard Demarest, Petitioner v. James Manspeaker, et al. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice.

Admission to the Bar on Oral Motion

Applicant City and State Movant Lynn Thomas Krause Annapolis, MD William Michael Ferris

Oral Arguments

No. 89-1690. California, Petitioner v. Charles Steven Acevedo. Ar- gued by Mr. Robert M. Foster for the petitioner and by Mr. Fred W. Anderson for the respondent. 384 TUESDAY. JANUARY 6. 1991

No. 89-1918. Robert L. McCormick, Petitioner v. United States. Ar- gued by Mr. Rudolph L. di Trapano for the petitioner and by Mr. Chris- topher J. Wright for the respondent.

No. 90-26. Michael Barnes, Prosecuting Attorney of St. Joseph

County, Indiana, et al.. Petitioners v. Glen Theatre, Inc., et al. Argued by Mr. Wayne E. Uhl for the petitioners and by Mr. Bruce J. Ennis, Jr., for the respondents.

No. 89-7691. Dale Robert Yates, Petitioner v. Parker Evatt, Com- missioner, South Carolina Department of Corrections, et al. Argued by

Mr. David I. Bruck for the petitioner and by Mr. Miller W. Shealy, Jr., for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. JANUARY 9. 1991 385 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Oral Arguments

No. 90-29. James C. Pledger, Commissioner of Revenues of Arkan- sas, Petitioner v. Daniel L. Medlock, et al.; and

No. 90-38. Daniel L. Medlock, et al., Petitioners v. James C. Pled- ger, Commissioner of Revenues. Argued by Mr. William E. Keadle for James C. Pledger, Commissioner of Revenues of Arkansas and by Mr.

Eugene G. Sayre for Daniel L. Medlock, et al.

No. 89-1909. Feist Publications, Inc., Petitioner v. Rural Telephone Service Company, Inc. Argued by Mr. Kyler Knobbe for the petitioner and by Mr. James M. Caplinger, Jr., for the respondent.

Adjourned until Monday, January 14, 1991 at 10 o'clock. x

(JOURNAL) MONDAY. JANUARY 14. 1991 387 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. — . In Re Vivian Berger, Petitioner. On motion for attorney fees. Motion granted in the amount of $5000.00. Opinion per curiam.

Certiorari— Summary Disposition

No. 90-142. James C. Dunkel, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of

Cheek v. United States, 498 U.S. (1991).

Orders in Pending Cases

No. A-474. Jerry R. Williams, Applicant v. Charlene Knight

Faucett, et al. The application for stay addressed to Justice O'Connor and referred to the Court is denied.

No. A-516. Caleb Daniel Hughes, Applicant v. The Washington Post Company. The application for further stay of the mandate of the United States Court of Appeals for the Fourth Circuit presented to the Chief Justice and by him referred to the Court is granted pending the timely filing and disposition of a petition for a writ of certiorari. If the petition for a writ of certiorari is denied, this order is to terminate automati- cally. In the event the petition for a writ of certiorari is granted, this order is to remain in effect pending the sending down of the judgment of this Court. No. D-960. In the Matter of Disbarment of Kenneth Lynn Broad- hurst. It is ordered that Kenneth Lynn Broadhurst, of Englewood, Col- orado, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 388 MONDAY. JANUARY 14. 1991

No. D-961. In the Matter of Disbarment of Theodore A. Miller. It is ordered that Theodore A. Miller, of Green Bay, Wisconsin, be sus- pended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-962. In the Matter of Disbarment of Leonard Rubin. It is ordered that Leonard Rubin, of Watchung, New Jersey, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-963. In the Matter of Disbarment of Paul Gordon Henderson. It is ordered that Paul Gordon Henderson, of Baltimore, Maryland, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-964. In the Matter of Disbarment of Howard Alan Levine. It is ordered that Howard Alan Levine, of Oklahoma City, Oklahoma, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. 89-1714. Harriet Pauley, Survivor of John C. Pauley, Petitioner v. BethEnergy Mines, Inc., et al.;

No. 90-113. Clinchfield Coal Company, Petitioner v. Director, Office of Workers' Compensation Programs, United States Department of

Labor, et al.; and

No. 90-114. Consolidation Coal Company, Petitioner v. Director, Office of Workers' Compensation Programs, United States Department of Labor, et al. The motion of the Solicitor General for divided argu- ment is granted. The request of the claimants to be designated as re- spondents for purposes of oral argument is granted. Justice Kennedy took no part in the consideration or decision of these motions.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. The motion of National Jury Project for leave to file a brief as amicus curiae is granted. No. 90-285. Litton Financial Printing Division, A Division of Litton

Business Systems, Inc., Petitioner v. National Labor Relations Board, et al. The motion of the Solicitor General for divided argument is granted. No. 90-644. James G. Ledbetter, Commissioner, Georgia Depart- ment of Human Resources, Petitioner v. Marta 0. Turner, et al. The MONDAY. JANUARY 14. 1991 389

Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 90-5744. Richard L. Chapman, John M. Schoenecker and Patrick

Brumm, Petitioners v. United States. The motion for appointment of counsel is granted and it is ordered that T. Christopher Kelly, Esquire, of Madison, Wisconsin, is appointed to serve as counsel for the petition- ers in this case.

Certiorari Granted

No. 89-1905. Wisconsin Public Intervenor, et al., Petitioners v.

Ralph Mortier, et al. Petition for writ of certiorari to the Supreme Court of Wisconsin granted.

No. 90-34. Exxon Corporation, Petitioner v. Central Gulf Lines,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 90-906. Metropolitan Washington Airports Authority, et al., Pe- titioners v. Citizens for the Abatement of Aircraft Noise, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 90-769. Louise H. Renne, San Francisco City Attorney, et al.,

Petitioners v. Bob Geary, et al. The motion of California Judges Associ- ation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 90-6282. Daniel Touby, et ux., Petitioners v. United States. Mo- tion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

Certiorari Denied

No. 89-6214. Maria del Socorro Pardo Viuda De Aguilar, et al., Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 89-7332. Robert W. Mitzel, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Trumbull County, denied.

No. 90-205. Marvin J. Gerstin, et al., Petitioners v. Girardeau A.

Spann, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 390 MONDAY. JANUARY 14. 1991

No. 90-435. Edwin W. Hammond, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-453. Rory Doremus, Petitioner v. United States; and

No. 90-466. David Doremus, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-486. Lowell Saylor, et al., Petitioners v. Oregon, et al. Peti- tion for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-493. David O. Conger, et al, Petitioners v. International

Brotherhood of Electrical Workers, Local 199, AFL-CIO, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-504. Fleet Factors Corp., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-563. Kathleen Rowland Swan, et vir, Petitioners v. Washing- ton. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 90-581. Francis J. Thompson, et al., Petitioners v. British Air- ways, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-600. J. D. Farmer, Jr., Petitioner v. Stephen E. Higgins, Director, Bureau of Alcohol, Tobacco & Firearms. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 90-636. Peter Malcolm Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-717. Ray N. Jackson, Petitioner v. General Dynamics Cor- poration. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied.

No. 90-730. Jerry Ladner, Petitioner v. Joyce Elizabeth Daniels

Johnson, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 90-752. Roger F. Winchester, Petitioner v. County of San

Diego, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. MONDAY. JANUARY 14. 1991 391

No. 90-758. David Enix, et al., Petitioners v. Dayton Women's

Health Center, Inc., et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-765. Lexington Herald-Leader Company, et al. Petitioners v. Reggie Warford. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-766. George A. Guess, Petitioner v. North Carolina Board of Medical Examiners. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 90-771. Oliver H. Claypool, Jr., et al., Petitioners v. Flora B. Boyd, Individually and as Warden, Stevenson Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-773. South Ridge Baptist Church, Petitioner v. Industrial Commmission of Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-776. Delco L. Cornett, Petitioner v. Manufacturers Hanover

Trust Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-777. Jerry Lee Harvey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-779. Quentin L. Breen, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-780. Edward DeSantis, et al, Petitioners v. Wackenhut Cor- poration. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-784. Stephanie Kennedy, Petitioner v. County of Los Ange- les, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-789. Jerry Hegedus, Petitioner v. Joanne Limbach, Ohio Tax Commissioner. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-790. Matthew Setera, Petitioner v. John Temme, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-794. Armando Fong Najarro, et al., Petitioners v. Suzanne

Frame, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 392 MONDAY. JANUARY 14. 1991

No. 90-796. Pocono Green, Inc., Petitioner v. Board of Supervisors of Kidder Township (Carbon County), Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 90-800. James 0. Blackshire, Jr., Petitioner v. Monika M. Black- shire. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-801. Eric N. Person, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 90-804. Allen L. Feingold, Petitioner v. Disciplinary Board of Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 90-814. Ashley Elliott, Petitioner v. Mercury Marine. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-820. Jack R. Whitehorn, et ux., Petitioners v. Margaret H.

Murphy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-837. Domingo Antonio Lagos, aka Mingo, aka Tony, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-852. Johnny Lee Asher, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 90-860. Elizabeth Aiello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-861. Carroll Lamar Wiginton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-876. Rolando Thomas Alayon, Petitioner v. Minnesota. Peti- tion for writ of certiorari to the Supreme Court of Minnesota denied.

No. 90-930. Anthony Bartels, Petitioner v. Louis W. Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-938. Glenn Gunn, et al., Petitioners v. Frank Palmieri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5621. Thomas Lee Capps, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. MONDAY. JANUARY 14. 1991 393

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5701. Lawrence Arnolie, Jr., Petitioner v. Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5769. Murl Edward McMullin, Petitioner v. Crispus Nix, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5923. Edward Cardona, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 90-5947. Ronald Bradley Hatcher, Howard Steven Sears and

Larry Dale Keaton, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5952. Tony Sutton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5982. Lawrence Louis Levy, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6022. James Donald Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6090. Curtis Drummond, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6153. Harry Bout, Petitioner v. Robert M. Harrison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6173. Francis N. Bienville, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-6189. George Srubar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6202. Samuel Lee Murray, III, Petitioner v. Mississippi Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 394 MONDAY. JANUARY 14. 1991

No. 90-6205. Luke Aaron Scott, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-6210. Lucio A. Barroga, Petitioner v. United States Patent and Trademark Office. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-6232. Jerry Wayne Moore, Petitioner v. Fred W. Green, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6235. Robert Leo Oswald, Petitioner v. Supreme Court of Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6239. Theodis Brown, Sr., Petitioner v. Bi-State Develop- ment Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6242. Brian Vukadinovich, Petitioner v. Michael Krawczyk, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6243. Chad Christopher Lund, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 90-6245. Steve Varvaris, Petitioner v. Jean Kountouris, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6248. Marion Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6251. Joel Gaytan, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-6254. Robert Ziegler, Petitioner v. Ron Champion, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6255. James Welch, Petitioner v. Victoria Jolley, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6257. Paul A. Rupe, Petitioner v. Metropolitan Life Insur- ance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. JANUARY 14. 1991 395

No. 90-6262. Norman Keith Chase, Petitioner v. F. William Honsowetz, P.C. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-6268. Carlos F. Meneses, Petitioner v. Robert E. Stephens, Administrator, Northern State Prison, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6271. Larry Gene Race, Petitioner v. Orville B. Pung, Com-

missioner, Minnesota Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6274. John Robert Demos, Jr., Petitioner v. United States District Court for the Western District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6277. Stanley Sanders, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 90-6278. Rodney A. Revere, Petitioner v. Estate of Doris Jean Fishel Revere. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 90-6280. Johnny Mack Young, Petitioner v. W. E. Johnson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6281. Jirik Parez, Petitioner v. Sergio Luis Lopez, et al. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-6283. Jerry Wayne Smith, et al. Petitioner v. Bert R. Mohs, Assistant Superintendent, Minnesota Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6285. Jack Frost, Petitioner v. California, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-6293. Annette Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6330. Charlotte Hurd, Petitioner v. Desert Hospital, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. 396 MONDAY. JANUARY 14. 1991

No. 90-6338. J. C. Armstrong, Jr., Petitioner v. St. Petersburg Times, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-6358. John K. Guedel, Petitioner v. Commissioner of Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6359. Russell A. Muth, Jr., etc., Petitioner v. Central Bucks School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6362. Brenda Groholski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6366. Bonita C. Pieper, Petitioner v. Louis W. Sullivan, Secretary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6376. Lamar Fletcher, Petitioner v. Memphis Police Depart- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6419. Chris Hansen, Petitioner v. United States Parole Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6431. Dennis Groholski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6436. Joseph Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6437. Coval Baker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6438. Delroy Edwards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6439. Sam Edward Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6442. Maria Montalvo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. JANUARY 14. 1991 397

No. 90-6447. Alex Beverly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6454. Jimmy Doyle Hindman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6458. Edward Nolen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6459. Nelson Hernandez-Avila, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-609. Reichhold Chemicals, Inc., Petitioner v. Teamsters

Local Union No. 515, etc. et al. The motion of Capital Associated In- dustries, Inc. for leave to file a brief as amicus curiae is granted. The motion of Carpet and Rug Institute for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-618. Toledo Blade Company, Petitioner v. Toledo Typograph- ical Union No. 63, et al. The motion of petitioner for leave to intervene in order to file petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-761. Chopin Associates, etc, et. al., Petitioners v. Fred Stan- ton Smith, Trustee, Bank of New York, et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-933. Nationalist Movement, Petitioner v. City of Cumming, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5961. Leroy Pletten, Petitioner v. Merit Systems Protection

Board, et al. The motion of petitioner to defer consideration of the peti- tion for a writ of certiorari is denied. The motion of petitioner to strike brief in opposition is denied. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6047. Thaddaeus Louis Turner, Petitioner v. California. The petition for a writ of certiorari to the Supreme Court of California is denied. Dissenting opinion by Justice Marshall. 398 MONDAY. JANUARY 14. 1991

No. 90-6077. Richard Oxford, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall.

No. 90-6119. Calvert Leon Antwine, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Marshall.

No. 90-6228. Justin Lee May, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-6371. Frank D. Rodriguez, Petitioner v. Colorado. The appli- cation for stay of execution of sentence of death presented to Justice

White and by him referred to the Court is denied. The petition for a writ of certiorari to the Supreme Court of Colorado is denied. Dissent- ing opinion by Justice Marshall.

Mandamus Denied

No. 90-6156. In Re Willard Lester England and William Stahl, Peti- tioners. The petition for writ of mandamus is denied.

Rehearings Denied

No. 90-5140. Ronald Price, Petitioner v. Dorcas Hardy;

No. 90-5906. William Frank Schlicher, Petitioner v. A. Munoz, et al.;

No. 90-5910. Karen Lynne Smith Harper, Petitioner v. Dale Bump- ers, et al.;

No. 90-5916. Micheal A. Johnson, Petitioner v. Gladys Mack; and

No. 90-5983. Kathryn S. Martin, Petitioner u. U.S. Department of Labor, Employment Standards Administration Office of Workers' Com- pensation. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Tuesday, January 22, 1991 until Tuesday, February 19, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant Gregory W. Abbott Houston, TX Louis Burr Paine. Jr. Donna E. Arzt Syracuse, NY Arlene S. Kanter MONDAY. JANUARY 14. 1991 399

Applicant City and State Movant

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Thomas Joseph Beamish Milwaukee, WI Grant Frederick Langley Mari Kay Bickett Reno, NV Laurance Mastick Hyde, Jr.

Jeffrey I. Bleiweis Chicago, IL Alan Rosen James Max Boyer San Francisco, CA Joseph L. Alioto

.TampQ Orlando Rroccolptti NorfolkJ. i ul ll_/ll\, VAV li T/Ponardi J \Z \J 1 LCll VI X-JRprtram\Z X LI dill Sachs

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Johnvilli Di~J • Clifford\_yllilUl vl IVx v UC VV loll/ll) XTXX-J ThomasX HUillac X—Fidi vl ward> v clx \x Delahanty, II David Samuel Cohn San Diego, CA Edward John Mclntvre Thomas E. Doss III Orlando, FL Warren William Lindsey Paul F. Doyle New York, NY Bud George Holman Alan Azer Dressier San Francisco CA Ephraim Margolin

Danipl T) Dvkpma XT^nvt\JL L XJdT i^nHprd^lpUVJ.Cs J. VlCtXC • RavmondX Wcl V 1 1 1 \J i 1 vl VV • FL Perosino

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.Trmptl v/o^T T-TprihprtoX X vTl 1 L/ vZ. 1 L \J OarHaUCll \~XCL kJcxiSani x"FVanH^oni aii^ioLVj, \y("!Axx RobprtX C W 1 L fjJohnWilli Stumpf, Jr. A Paul Goldblum New York, NY Edwin J Jacob Arthur John Golder II Trumansburg, NY Stephen Allan Postelnek Daniel Joel Goldstein New York, NY John H. Hall Peter John Grishman Pleasantville, NY David Griffiths 400 MONDAY. JANUARY 14. 1991

Applicant City and State Movant

Lynn Etheridge Hare Birmingham, AL Robert M. Girardeau Rodger Craig Harris Springfield, OH Richard Ernest Ouellette Elian A. Heit Philadelphia, PA Mary E. Bisantz Julian N. Henriques Jr. Chicago, IL Robert E. Lehrer Leah Elizabeth Henry Charlotte, NC John T. Allred James A. Hensley Jr. Dayton, OH James A. Hensley

Henry Hollis Horton III Beaumont, TX Gilbert I. Low J. Michael Huston Lisbon Falls, ME Thomas Edward Delahanty, II Jon Carl Jacobson Chicago, IL Marie A. Palumbo Stephen Hanley Jigger Boston, MA William Curtis Bryson Alice Sacks Johnston Pittsburgh, PA Edwin L. Klett Martin E. Karlinsky New York, NY Ronald Daniel Lefton Edwin James Ketchel Chagrin Falls, OH Stehen Good Thomas William James Kolb Corpus Christi, Lawrence TX McKinley Ludka

Meredith Hoag Lieux Baton Rouge, LA William J. Guste, Jr.

Larry E. Losch Summers ville, Timothy R. WV Ruckman Mark H. Magidson Detroit, MI Mark Granzotto David Hall Marsh Birmingham, AL Samuel Holley Franklin William E. McDonald Lansford, PA John A. Maher, Jr. Geroge John Mercer Groton, CT Michael P. Tierney Michael G. Michaelson Washington, DC David Bradford Isbell Thomas Wayne Moss Decatur, IL John Thornton Taylor MONDAY. JANUARY 14. 1991 401

Applicant City and State Movant

Joseph E. Mudd Laguna Hills, CA James H. Casello James Barton Nebel San Francisco, CA John Allen Flynn Mitchell Hamilton Nelson Grand Haven, MI Albert R. Dilley Anna Wirt O'Flaherty Cedar Rapids, IA Thomas John O'Flaherty Rene Ordonez El Paso, TX Rodolfo Hernandez John E. Parauda New York, NY Kenneth Harold Kirschner Paul M. Petigrow West Orange, NJ Marie P. Simonelli

7 David Richards Fort W orth, TX Clyde Christopher Marshall Gregory Brevard Richards Houston, TX Katrina Grider J. Albert Riddle Houston, TX Guy E. Matthews Mara E. Rosales-Cordova San Francisco, CA Randy Riddle Kenneth L. Royal Savannah, GA H. Sol Clark Richard T. Ryan Chicago, IL John Lannon Flynn Barbara Joan Sapin Washington, DC Woody N. Peterson Kathleen M. Sasala Cleveland, OH William Donald Beyer Fernanda Alexandria Saude Merced, CA Dennis L. Myers Theodore J. Sawicki Atlanta, GA Phillip S. McKinney

Jenifer Schaye Baton Rouge, LA William J. Guste, Jr. Bernard Julian Schwartz Riverside, CA James Wilson Johnston Roy William Sears Chicago, IL Alan Holger Swanson Jeffrey K. Sherwood Washington, DC Mark Patrick Fitzsimmons Mark William Smith Towanda, PA David B. Keeffe Mark Frederick Smolens Chicago, IL John Lannon Flynn Oscar Lonnie Sommers III The Woodlands, Michael J. Darlow TX 402 MONDAY. JANUARY 14. 1991

Applicant City and State Movant

Shannon L. Spangler Kansas City, MO John C. Dods, III Darrell Eugene Statzer Jr. Decatur, IL John Thornton Taylor Mathew D. Staver Orlando, FL Warren William Lindsey Susan G. Tobin Columbus, OH George Michael Kirkman J. Michael Vassar Toledo, OH Joseph Patrick Dawson George Andrew Vince Jr. Cleveland, OH Stephen Owen Walker George Gordhamer Walker San Francisco, CA Ephraim Margolin Kenneth Vignes Ward Jr. New Orleans, LA Allain Freret Hardin John J. Wasilczyk Los Angeles, CA Daniel James Woods Stephen Alan Watring Dayton, OH Robert Thomas Dunlevey, Jr. Terri Marie Weeks Lincoln, NE Marie Colleen Pawol Christopher Brian Wells Seattle, WA G. Thomas Fleming, III Keith J. Winterhalter Toledo, OH Joseph Patrick Dawson Colin P. Wong San Francisco, CA Major Williams, Jr. Laurie A. Zenner Saint Paul, MN Paul R. Hannah

Sara R. Ziskin Phoenix, AZ Daniel I. Ziskin

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Kevin P. O'Connor Coral Gables, FL Kevin Michael Moore Cristina Lagueruela Miami, FL Robert Philip Mendoza Reznick Theodore J. Boutrous Jr. Washington, DC Theodore B. Olson Michele Pollak Washington, DC Christopher G. Mackaronis MONDAY. JANUARY 14. 1991 403

Applicant City and State Movant

Eric Alan Daly Nesconset, NY Jay Alan Sekulow David Jay Shapiro Los Angeles, CA Everett Hale Shapiro Tad Steven Shapiro Santa Rosa, CA Everett Hale Shapiro

Oral Arguments

No. 89-1493. Air Line Pilots Association International, Petitioner v. Joseph E. O'Neill, et al. Argued by Mr. Laurence Gold for the peti- tioner and be Mr. Marty Harper for the respondents.

No. 89-1632. California, Petitioner v. Hodari D. Argued by Mr. Ron- ald E. Niver for the petitioner, by Mr. Clifford M. Sloan for the United States as amicus curiae, in support of petitioner, by special leave of Court, and by Mr. James L. Lozenski for the respondent.

No. 90-18. Robert D. Gilmer, Petitioner v. Interstate/Johnson Lane Corporation. Argued by Mr. John T. Allred for the petitioner and by Mr. James B. Spears, Jr., for the respondent.

No. 89-1799. Jeffrey M. Masson, Petitioner v. New Yorker Maga- zine, Inc., Alfred A. Knopf, Inc. and Janet Malcolm. Argued by Mr. Charles 0. Morgan, Jr., for the petitioner and by Mr. H. Bartow Farr, III, for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. JANUARY 15. 1991 405 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1149. Coy R. Grogan, et al., Petitioners v. Frank J. Garner, Jr. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens.

No. 89-1063. FirsTier Mortgage Company, aka Realbanc, Inc., Peti- tioner v. Investors Mortgage Insurance Company. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed and case remanded to the Court of Appeals for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Marshall. Concurring opinion by Justice Kennedy. No. 89-1080. Board of Education of Oklahoma City Public Schools, Independent School District No. 89, Oklahoma County, Oklahoma, Pe- titioner v. Robert L. Dowell, et al. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed and case remanded to the United States District Court for the Western Dis- trict of Oklahoma for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Dissenting opinion by Jus- tice Marshall with whom Justice Blackmun and Justice Stevens join. Justice Souter took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant Jonathan Hemenway Washington, DC Stephen Charles Glazier Glazier Barrett Neil Weinberger Cincinnati, OH Dennis L. Manes

Oral Arguments

No. 89-1965. Cottage Savings Association, Petitioner v. Commis- sioner of Internal Revenue. Argued by Mr. Dennis L. Manes for the petitioner and by Mr. John G. Roberts, Jr., for the respondent. 406 TUESDAY. JANUARY 15. 1991

No. 89-1926. United States, Petitioner v. Centennial Savings Bank FSB (Resolution Trust Corporation, Receiver). Argued by Mr. John G. Roberts, Jr., for the petitioner and by Mr. Michael F. Duhl for the respondent.

No. 89-7743. Thaddeus Donald Edmonson, Petitioner v. Leesville Concrete Company, Inc. Argued by Mr. James B. Doyle for the peti- tioner and by Mr. John S. Baker, Jr. , for the respondent.

No. 89-1647. Carnival Cruise Lines, Inc., Petitioner v. Eulala Shute, et vir. Argued by Mr. Richard K. Willard for the petitioner and by Mr. Gregory J. Wall for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. JANUARY 16. 1991 407 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Admissions to the Bar on Oral Motions

Applicant City and State Movant Kathleen Anne McGarry Columbus, OH David Clark Stebbins Jonathan Robert Turley Washington, DC Charles Bradford Craver Jonathan Samuel Berck Washington, DC Robert E. Herzstein Oral Arguments

No. 89-1838. Equal Employment Opportunity Commission, Peti- tioner v. Arabian American Oil Company and Aramco Services Com- pany; and

No. 89-1845. Ali Boureslan, Petitioner v, Arabian American Oil Company and Aramco Services Company. Argued by Mr. Solicitor General Kenneth W. Starr for the petitioners in both cases and by Mr. Paul L. Friedman for the respondents.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. Argued by Mr. Jonathan E. Rosenbaum for the petitioner and by Ms. Joann Bour- Stokes for the respondent.

Adjourned until Tuesday, January 22, 1991 at 10 o'clock.

(JOURNAL) FRIDAY. JANUARY 16. 1991 409 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Appeal— Jurisdiction Noted

No. 90-952. Janice G. Clark, et al., Appellants v. Charles "Buddy"

Roemer, Governor of Louisiana, et al. Appeal from the United States District Court for the Middle District of Louisiana. The motion of appel- lants to expedite consideration of the statement as to jurisdiction is granted. In this case probable jurisdiction is noted.

Certiorari Granted

No. 90-368. Sheldon Baruch Toibb, Petitioner v. Stuart J. Radloff. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 90-757. Ronald Chisom, et al, Petitioners v. Charles E.

Roemer, et al.; and

No. 90-1032. United States, Petitioner v. Charles E. Roemer, Gov- ernor of Louisiana, et al. The motion of petitioners in No. 90-757 to ex- pedite consideration of the petition for a writ of certiorari in No. 90-757 is granted. The petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit are granted. The cases are con- solidated and a total of one hour is allotted for oral argument.

No. 90-813. Houston Lawyers' Association, et al., Petitioners v. At- torney General of Texas, et al.; and

No. 90-974. League of United Latin American Citizens, et al., Peti- tioners v. Attorney General of Texas, et al. Petitions for writs of cer- tiorari to the United States Court of Appeals for the Fifth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

(JOURNAL) MONDAY. JANUARY 22. 1991 411 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and wall not be announced orally."

Certiorari — Summary Disposition

No. 89-954. Montedoro-Whitney Corporation, Petitioner v. Marsh- McBirney, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit. The petition for writ of certio- rari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Federal Circuit for further

consideration in light of FirsTier Mortgage Company v. Investors Mortgage Insurance Company, 498 U.S. (1991).

No. 90-552. Oscar Diaz-Albertini, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of the position presently asserted by the Solicitor General in his brief for the United States filed December 12, 1990, and asserted in his brief for the United States filed February 27, 1990, in No. 89-1040, Chappell v. United States. Dissenting opinion by the Chief Justice with whom Justice Scalia and Justice Kennedy join.

Orders in Pending Cases

No. A-506. Timothy E. Finley, Applicant v. South Carolina. The application for stay addressed to Justice Marshall and referred to the

Court is denied.

No. A-540. Carnival Cruise Lines, Applicant v. Superior Court of California, County of Los Angeles (Mildred Williams, et al., Real Par- ties in Interest). The application to stay proceedings in the Superior Court of California, County of Los Angeles, case Nos. SOC 96347 and SOC 96301, presented to Justice O'Connor and by her referred to the

Court is granted pending the timely filing and dispostion of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, 412 MONDAY. JANUARY 22. 1991 this order is to terminate automatically. In the event the petition for a writ of certiorari is granted, this order is to remain in effect pending the issuance of the mandate of this Court to the Court of Appeal of Califor- nia, Second District. Nos. B050142 and B050255.

No. A-541. City of Yonkers, Applicant v. United States, et al. The application for an injunction or stay of orders of the United States Dis- trict Court for the Southern District of New York presented to Justice Marshall and by him referred to the Court is denied. No. D-938. In the Matter of Disbarment of Gregory F. Ireland. Dis- barment order entered. No. D-939. In the Matter of Disbarment of Carl M. Mazzocone. Dis- barment order entered.

No. D-941. In the Matter of Disbarment of J. Mack Ausburn. Disbar- ment order entered. No. D-942. In the Matter of Disbarment of Jon Gregory Logan. Dis- barment order entered. No. D-943. In the Matter of Disbarment of Bruce Cameron Fraser. Disbarment order entered.

No. D-950. In the Matter of Disbarment of Norman Bie, Jr. Disbar- ment order entered.

No. D-965. In the Matter of Disbarment of Hal I. Lackey. It is or- dered that Hal I. Lackey, of Silver Spring, Maryland, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-966. In the Matter of Disbarment of Raymond Bamidele

Thompson. It is ordered that Raymond Bamidele Thompson, of Wash- ington, D.C., be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-967. In the Matter of Disbarment of Robert W. Costigan. It is ordered that Robert W. Costigan, of Philadelphia, Pennsylvania, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-968. In the Matter of Disbarment of James Cannon, Jr. It is ordered that James Cannon, Jr., of New Castle, Alabama, be sus- pended from the practice of law in this Court and that a rule issue, re- MONDAY. JANUARY 22. 1991 413

turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico.

The motion of the River Master for approval of fees and expenses is granted and the River Master is awarded $4,451.32 for the period Octo- ber 1-December 31, 1990, to be paid equally by the parties.

No. 106, Original. State of Illinois, Plaintiff v. Commonwealth of Kentucky. The Exceptions to the Report of the Special Master are set for oral argument in due course.

No. 89-7645. Dionisio Hernandez, Petitioner v. New York. The mo- tion of U. S. English, Inc., et al. for leave to file a brief as amici curiae

is denied.

No. 90-368. Sheldon Baruch Toibb, Petitioner v. Stuart J. Radloff. James Hamilton, Esquire, of Washington, D.C., a member of the Bar of this Court, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.

No. 90-5319. Paul McNeil, Petitioner v. Wisconsin. The motion of the Solicitor General for leave to participate in oral argument as amicus cu-

riae and for divided argument is granted.

Certiorari Granted

No. 90-693. Curtis Reed Johnson, Petitioner v. Home State Bank. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 90-615. Rafael Peretz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second

Circuit granted limited to the following questions: 1. Does 28 U.S.C., Section 636, permit a magistrate to conduct the voir dire in a felony trial if the defendant consents? 2. If 28 U.S.C., Section 636, permits a magistrate to conduct a felony trial voir dire provided that the defend-

ant consents, is the statute consistent with Article III? 3. If the magis- trate's supervision of the voir dire in petitioner's trial was error, did the conduct of petitioner and his attorney constitute a waiver of the right to raise this error on appeal?

No. 90-762. Thomas Freytag, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. In addition to the ques- tions presented by the petition the parties are requested to brief and argue the following question: "Does a party's consent to have its case heard by a special tax judge constitute a waiver of any right to chal- 414 MONDAY. JANUARY 22. 1991 lenge the appointment of that judge on the basis of the Appointments

Clause, Art. II, Section 2, cl. 2?" Certiorari Denied

No. 90-95. Public Utilities Commission of Ohio, et al.. Petitioners v. CSX Transportation, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-389. Samuel Braen, Jr., Petitioner v. Nicholas Laganella, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-507. E. Warner Bailey, et ux.. Petitioners v. East Texas Pro- duction Credit Assoc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-535. Juwhan Yun, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-539. Carolyn Sonnenberg, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-646. Pv. David Legg, Petitioner v. W. Steve Smith, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-656. Dale Lynn Brewer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-666. Marsha Feldman, et al.. Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-768. Conrad Peter, Petitioner v. Hess Oil Virgin Islands Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-791. Easter House, Petitioner v. Thomas Felder, Florence McGuire and Joan Satoloe. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-793. Manuel Munoz, Jr., Petitioner v. Donald B. Rice, Secre- tary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-799. Charles Houston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied. MONDAY. JANUARY 22. 1991 415

No. 90-805. Western States Petroleum Association, et al., Petition-

ers v. Sonoma County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-812. California State Board of Equalization, Petitioner v. Harold S. Taxel, Trustee in Bankruptcy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-815. Joseph A. Blaine, Petitioner v. Martin Marmor, et ux. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 90-821. Edward Halas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-822. Lawrence B. Greene, et ux., Petitioners v. Barbara

Balaber-Strauss, as Trustee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-828. Melvin R. Kurr, Petitioner v. Village of Buffalo Grove,

Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-831. Jerry P. Cawley, Petitioner v. Steven Muller, et al. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied. No. 90-835. Harriet Smith, Administratrix of the Estate of Willette

Leonard Smith, Deceased, Petitioner v. City of Berkeley, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 90-839. County of Kern, California, Petitioner v. Dan Abshire, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-840. David Larry Fraser, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-846. Mahinder S. Uberoi, Petitioner v. Board of Regents of the University of Colorado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-850. Betty M. Rogers, et al.. Petitioners v. Kathryn Wilcox, etc., et al. Petition for writ of certiorari to the Court of Appeals of Indiana, Fourth District, denied.

No. 90-851. Charles B. Carroll, Petitioner v. Insurance Company of North America. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 416 MONDAY. JANUARY 22. 1991

No. 90-864. Michael Fillion, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 90-865. Independent School District, No. 1-3, Noble County.

Oklahoma, et al.. Petitioners v. Johnny Lee Rankin. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-879. Ralph Rodney Fields, Petitioner v. Joseph T. Durham, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-882. Paula Phelan, et al. Petitioners v. Michael Taylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-883. Leonard C. Johnson, et al, Petitioners v. Ricky F. Rin- eck, etc. , et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 90-896. Jack F. Garner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-916. Giovanni Castiello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-920. Henry Anderson, Petitioner v. State Bar of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-922. Andrew D. Scholberg, et al., Petitioners v. Aaron S.

Lifchez, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-932. Gayle Schreier and Irwin Schreier, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-945. Frederick Lawrence White, Jr., et al.. Petitioners v. General Motors Corporation. Inc.; and Frederick Lawrence White, Jr.. et al.. Petitioners v. General Motors Corporation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-951. Upton County, Texas, Petitioner v. Mary Turner, aka Mary Turner Hind. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. JANUARY 22. 1991 417

No. 90-1013. Stephen C. Stem, Petitioner v. Ralph Ahearn and Chris Card. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5728. Elizabeth Ehrlich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5729. Troy K. Green. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5740. Daniel Joel Anton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5756. Nam Ping Hon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5758. Liwy Quinones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5766. James T. Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5781. William C. Richardson, Petitioner v. Mike Henry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5801. John A. Henning, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5803. Manolo Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5837. Jesus Lucero-Romero Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5860. Stephen Paul Jones, Petitioner v. Ralph Evitts, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5900. Arnold W. Ellis, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 418 MONDAY. JANUARY 22. 1991

No. 90-5917. Stephen Newman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5926. Bryan A. Blake and Melvin L. Blake, Petitioners v. Dan Heard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5933. Charles Oliver, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-5967. D.H., Petitioner v. Vermont Department of Social and Rehabilitation Services. Petition for writ of certiorari to the Supreme Court of Vermont denied.

No. 90-6001. Javier Medrano-Veloja, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6007. Martin R. Kucik, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6050. Alonzo Payne, Petitioner v. John Middleton, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6061. Rito Andres Villa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6083. Kenneth A. Greene, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6118. John F. Desmond, Petitioner v. Department of De- fense. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-6169. Robert Benson Woods, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6201. Linwood Gray, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-6276. William B. Ward, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. JANUARY 22. 1991 419

No. 90-6287. Alan D. Dickinson, Petitioner v. Community Bank, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-6289. Paris Armstrong, Jr., Petitioner v. Anthony Frank, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6296. Darryl Satterwhite, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-6301. Robert Shaw, Petitioner v. Howard Peters, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6302. Carl Sandlin, Petitioner v. Charles Ellis. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6304. Stanley Rickabaugh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6313. Edward A. Ganey, Jr., Petitioner v. Samuel A. Wilson,

III, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6314. Daries Sherrills, Petitioner v. Wayne L. Kerek, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6320. Rey David Vargas, Petitioner v. Ron Mull, et al. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-6322. Brad C. Sparks, Petitioner v. Alio Smith, et al. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 90-6323. Carlos Diaz, Petitioner v. Ronald Miles, Superintend- ent, Elmira Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6326. Donald Gene Henthorn, Petitioner v. United States District Court for the District of Columbia. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6336. Scott W. Veale and David T. Veale, Petitioners c. New Hampshire. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 420 MONDAY. JANUARY 22. 1991

No. 90-6339. Peter D. Johnson, Petitioner v. Michael P. Lane, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied

No. 90-6344. William C. Dodson, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6347. Edward D. Massey, Petitioner v. Grand Union Com- pany, dba Big Star Food Stores, et al. Petition for writ of certiorari to the Superior Court of Georgia, Fulton County, denied.

No. 90-6353. Jeannie Barrientos, Petitioner v. Reliance Standard Life Insurance Company and David R. Barrientos. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6357. Carl R. Sandlin, Petitioner v. Pat Allen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6364. Lawrence J. D. Moil, Petitioner v. Ohio Board of Com- missioners on Character and Fitness. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-6368. Frederick L. Danielson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois. Second District, denied.

No. 90-6373. Joyce E. Richards and James L. Martin, Petitioners v.

Medical Center of Delaware, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6374. Allan D. Buyna, Petitioner v. Robert Casey, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6377. Joseph Arthur Carbray, Petitioner v. Ron Champion,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6379. Davis Memphis Carter, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6380. Donny Joel Harvey, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. JANUARY 22. 1991 421

No. 90-6381. Phillip N. Monroe, Petitioner v. Samuel Skinner, Sec- retary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6385. Abijah Abiff, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-6386. Rodney 0. Bailey, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 90-6389. Gary Lee Harris, Petitioner v. Edward Murray, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6390. William L. Hayes, Petitioner v. Bruce Genovese, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6395. Huey Wright, Petitioner v. New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 90-6414. Anthony Pierce Mattox, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 90-6420. Donald E. Hunziker and Joan E. Hunziker, Petitioners v. German-American State Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6426. George King, Jr., Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6552. Joseph Moniz, Petitioner v. Clyde Storie. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-515. Lockheed Shipbuilding Company. Petitioner v. Director, Office of Workers' Compensation Programs, United States Department of Labor, et al. The motion of respondent Wilborn Stevens for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-575. Tiger Inn, Petitioner v. Sally Frank, et al. The applica- tion for stay of mandate presented to Justice Souter and by him re- ferred to the Court is denied. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 90-631. American Special Risk Insurance Company, et al.. Peti- tioners v. Rohm & Haas Company, et al. Petition for writ of certiorari 422 MONDAY. JANUARY 22. 1991 to the United States Court of Appeals for the Tenth Circuit denied. Justice White would grant certiorari.

No. 90-647. C. L. Grimes, Petitioner V. Centerior Energy Corpora- tion. The motion of United Shareholders Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-720. Alfredo DeVargas, Petitioner v. Mason & Hanger-Silas Mason Co., Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 90-5836. Albert Ronnie Burrell, Petitioner r. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dis- senting statement by Justice Marshall.

No. 90-5851. Louis Joe Truesdale, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina de- nied. Dissenting statement by Justice Marshall.

No. 90-6072. Frank J. Guinan, Petitioner v. Willliam Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-6318. Michael Joe Boyd, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. Dissenting statement by Justice Marshall.

No. 90-6227. Carlos Benitez Guzman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consider- ation or decision of this petition.

No. 90-6265. Gerald Vontsteen, Petitioner v. United States. The mo- tion of petitioner to defer consideration of the petition for a writ of cer- tiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Habeas Corpus Denied

No. 90-6608. In Re James W. Bright, Petitioner. The petition for writ of habeas corpus is denied. Mandamus Denied

No. 90-6421. In Re Donald E. Hunziker and Joan E. Hunziker, Peti- tioners. The petition for writ of mandamus is denied. MONDAY. JANUARY 22. 1991 423

No. 90-6354. In Re John E. Mulville, Petitioner; and No. 90-6355. In Re John E. Mulville, Petitioner. The petitions for writs of mandamus and/or prohibition are denied.

Prohibition Denied

No. 90-6393. In Re Douglas Rubins, Petitioner. The petition for writ of prohibition is denied.

Rehearings Denied

No. 90-354. Sarah Elizabeth Prey, et al., Petitioners v. William K. Reilly, Administrator, Environmental Protection Agency;

No. 90-521. Emanuel M. Comora, et ux.. Petitioners v. Irvin Radell, et al;

No. 90-541. Lonnie B. Rupert, Petitioner v. Macon W. Gravlee, Jr., et al.;

No. 90-613. Black Crystal Company, Inc., Petitioner v. First Na- tional Bank of Louisville;

No. 90-651. Michael E. Plunkett, et al, Petitioners v. Federal De- posit Insurance Corporation, etc., et al.;

No. 90-665. Benefit Trust Life Insurance Company, Petitioner v, Daniel Kunin;

No. 90-671. Edward D. Christensen, Petitioner v. Brent D. Ward, et al;

No. 90-5100. Glenn Ford, Petitioner v. Louisiana;

No. 90-5544. Peter R. Johl, Petitioner v. Ellen A. Peters, et al.;

No. 90-5691. Vernon Brown, Petitioner v. Lane McCotter, Secre- tary, Department of Corrections of New Mexico, et al.;

No. 90-5755. Raymond H. Hertel, et al., Petitioners v. Federal Land Bank of St. Louis;

No. 90-5848. Albert Claude Parker, Petitioner v. J. W. Fairman, Warden, et al.;

No. 90-5855. Mary Juanita Sellers, Petitioner v. Delgado College, et al;

No. 90-6037. Maurice S. McGee, Petitioner v. Randall Division of Textron, Inc., of Grenada, Mississippi; and No. 90-6085. In Re Charles C. Douglass, Petitioner. The petitions for rehearing are denied. 424 MONDAY. JANUARY 22. 1991

No. 89-1283. Arcadia, Ohio, et al, Petitioners v. Ohio Power Com- pany, et al.;

No. 89-5120. Michael Owen Perry, Petitioner v. Louisiana;

No. 89-5867. Shirley W. Irwin, Petitioner v. The Department of Vet- erans Affairs, et al.;

No. 89-7584. Wilbur E. Cook, Petitioner v. United States; and

No. 89-7822. Annie Green, et al.. Petitioners v. Law Firm of Wise- man, Blackburn, Futrell and Cohen, et al. The petitions for rehearing are denied. Justice Souter took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Timothy J. Abeel Philadelphia, PA John T. Biezup Andrea K. Allbritton Tulsa, OK J. Douglas Mann Nancy J. Anderson San Antonio, TX Richard Duffy Billeaud John Michael Augustyn Chicago, IL Sidney Neuman Jon Bauer Hartford, CT Timothy Hackett Everett Joel Anderson Berry III Charleston, SC James H. Rion, Jr. Daniel Howard Borinsky Fairfax Station, Douglas K. VA Bergere Walt M. Britt Buford, GA Glyndon C. Pruitt James Austin Buckley Augusta, ME Seward Blanchard Brewster Michael W. Carey Charleston, WV David Alan Faber Hiram E. Cerezo-Suarez San Juan, PR Rafael Sanchez- Hernandez Brian Michael Chandler Houston, TX Richard Earl Griffin Jack C. Chilingirian Grosse Pointe Don R. Woods, Berschback Wayne Anthony Christian San Antonio, TX Stewart J. II Alexander David William Cordingly San Antonio, TX William E. Cordingly MONDAY. JANUARY 22. 1991 425

Applicant City and State Movant

Frederic Eugene Cowden Nashville, TN Charles Raulston Jr. Ray R. Thomas Czarnik Princeton, WV Michael Fielding Gibson Paul Dodson Corpus Christi, David Yancey TX White Michael Duncan Houston, TX Ronald R. Niehaus

Mervle Lynn Dunlap Twin Falls, ID Howard I. Manweiler Ben Louis Fernandez Boston, MA Paul R. Devin Jay Hamilton Fiedler Grand Forks, ND Judge Lawrence Edmund Jahnke Ralph A. Finizio Pittsburgh, PA William Alvah Stewart III Larry John Folmar Norristown, PA Frederic M. Wentz Paul Garvey Goetzke Annapolis, MD Ronald A. Baradel Karen E. Gorman Los Angeles, CA Daniel Raymond Voge Larry Edward Gorman Atlanta, GA Herbert Shafer Margaret Portman Griffey Austin, TX William Charles Zapalac Nancy C. Hill Charleston, WV David Alan Faber George Huddleston Daphne, AL Gary Lee Armstrong John Mason Jewell Little Rock, AR W. Horace Jewell Joseph Edmond Kalet Arlington, VA Peter W. Tredick Michael Ray Keller Washington, DC David Allen Larson John Francis Kennedy Trenton, NJ Catherine A. Foddai Molly Klapper New York, NY Herbert Dicker Randy Miller Lebedoff Minneapolis, MN John Dwyer French Leslie Katherine Locard Boston, MA Karen Diane Hurvitz 426 MONDAY. JANUARY 22. 1991

Applicant City and State Movant

William Thomas Lowe San Francisco. CA Michael Pescetta Jodi L. Mandel Brooklyn. NY Peter Alan Weinstein John F. Mandt Birmingham, AL John Bingham Edward D. Markle New Orleans. LA Mack E. Barham Edward W. McCrimmon Atlanta. GA John Lloyd Blandford James McVane Jr. Chicago. IL John C. O'Malley Linda Swain Minkoff Acton, MA Richard Wayne Cole Michael Murchison Wilmington, NC Joseph Ovander Taylor. Jr. Stephen M. Murphy San Francisco. CA Thomas E. Feeney Karen Doran OToole Boston, MA Salvat ore F. Stramondo

Kevin J. ODonnell Tallahassee. FL Joseph C. Mellichamp, III Frankie Jo Pacilla Pittsburgh. PA William Alvah Stewart. Ill Stephen Richard Park Cromwell. CT Robert Mark Langer Christina Berthelot Peck Baton Rouge, LA Michael H. Rubin Richard W. Peterson Council Bluffs. IA David F. McCann Lionel John Postic Southfield, MI Raymond Arthur Cassar Harry W. Reed Jr. Lebanon, PA James Thomas Reilly Walter L. Reed Jr. San Antonio. TX Scott P. Hazen Jenny Rivera New York, NY Kenneth Kimerling Lauren Anne Rousseau Detroit, MI Joseph Alex Ritok. Jr.

Susan Elizabeth Scholley Carson City. NY J. Thomas Susich Allan Arthur Shenoi Long Beach. CA Erich Paul Wise Susan L. P. Starr Washington, DC David Allen Larson Richard Lee Tiemeyer Jefferson City, Bruce A. Ring MO M( )XDAY. JANUARY 22. 1991 427

r\A inUL'llLctllL»li^»Qnt Citv mid State

Dell Charles Toedt III Houston, TX Thomas Oren Arnold Otto Hans Van Maerssen Tuba City, AZ Steven Louis Bunch Lon Vinion Wooster, OH Jerry Steven Packard Sandra A. Vujnovich New Orleans, LA Jan T. Van Loon Robert M. Watt III Lexington, KY William L. Montague T. Wade Welch Houston, TX Ronald R. Niehaus Robert C. Williams Houston, TX William Key Wilde Martin R. Wing Tulsa. OK John S. Athens Steven M. Zager Houston, TX Morton L. Susman Michael K. Zweig Santa Monica, CA Donald S. Burris

Howard L. Zwickel New York, NY Abigail I. Petersen

Opinions

No. 89-1436. United States, Petitioner v. R. Enterprises, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed in part and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Justice Scalia joins in all but Part 111-B of this opinion. Opinion by Justice Stevens concurring in part and concurring in the judgment with whom Justice Marshall and Justice Blackmun join.

No. 89-5961. Robert Lacy Parker, Petitioner v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al. On writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit. Judgment reversed and case remanded to the Court of Appeals with in- structions to return the case to the United States District Court for the Middle District of Florida for further proceedings in conformity with the opinion of this Court. As to the remaining questions presented to the Court, the writ of certiorari is dismissed as improvidently granted. Opinion by Justice O'Connor. Dissenting opinion by Justice White with whom the Chief Justice, Justice Scalia and Justice Kennedy join. 428 MONDAY. JANUARY 22. 1991

No. 89-1363. United States, Petitioner v. Darlina K. France. On writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit. The judgment of the Court of Appeals is affirmed by an equally divided Court. Opinion per curiam. Justice Souter took no part in the consideration or decision of this case.

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas. On writ of certio- rari to the Supreme Court of Ohio. The writ of certiorari is dismissed as improvidently granted. Opinion per curiam.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

C. Michael Bryce New York, NY Robert John David Reilly Geralyn A. Kidera Gig Harbor, WA Constantine N. Katsoris Patrick Syrian Dunleavy New York, NY Constantine N. Katsoris Daniel Thomas Eberhard Brookfield. CT Constantine N. Katsoris Charles John Cino Ormond Beach, Constantine N. FL Katsoris Julie Ann Stulce Williamson Miami, FL Constantine N. Katsoris Thomas E. Ward Oak Brook, IL Constantine N. Katsoris Stephen Francis Allen Rockville, MD Constantine N. Katsoris David Reavey Burke II Baltimore, MD Constantine N. Katsoris Herbert L. Dudley Detroit, MI Constantine N. Katsoris Anthony D. Backus Westfield, NJ Constantine N. Katsoris Debora Nilsen Brown Wyckoff, NJ Constantine N. Katsoris Daniel Joseph Gallagher Saddle River, NJ Constantine N. Katsoris Thomas Jude Goodwin Saddle Brook, NJ Constantine N. Katsoris MONDAY. JANUARY 22. 1991 429

Applicant City and State Movant

Elizabeth Ellen McNamara Tenefly, NJ Constant ne N Hermida Katsor John Andrew Maher Summit, NJ Constant me N

Katsor .s Michael P. Malloy Springfield, NJ Constant ne N

Katsor ;.g James Joseph Morley Moorestown, NJ Constant ne N

Katsor .s Mary Joan Sugrue Bloomfield, NJ Constant] ne N

Katsor is Joseph P. Vallone Mount Holly, NJ Constant] ne N Katsor s William T. Wilkins Mount Holly, NJ Constant] ne N Katsor Kathleen Anne Bach Tampa, FL Constant] ne N

Katsor is Ralph Joseph Barile Arkville, NY Constant] ne N

Katsor is Josephine M. Bastone New York, NY Constant] ne N

Katsor is Vincent. Anthony Brescia Staten Island, NY Constant ne N

Katsor is

Richard J. Brickwedde Syracuse, NY Constant] ne N

Katsor is Timothy J. Brosnan New York, NY Constant] ne N

Katsor LS Kathryn Neville Browne New York, NY Constant] ne N

Katsor is Christopher P. Browne New York, NY Constant] ne N

Katsor ,s John Patrick Buckley Orangeburg, NY Constant] ne N

Katsor ts George Michael Buckley Jr. Wantagh, NY Constant ne N

Katsor is Mark John Carroll Washington, DC Constant ne N

Katsor ^s John Richard Cashin New York, NY Constant me N

Katsor is 1 ..

430 MONDAY. JANUARY 22. 1991

Applicant City and State Movant

Denny Chin New i ork, N 1 Constant me N.

Katsor [S

William J. uoiner j. New i ork, N i Constant ne N.

Katsor LS

John K. Costantmo ni ooki\ n, is l Constant me JN

Katsor is

Dwight D. Darcy JNew l orK, rs i Constant ne N.

Katsor is XT Thomas E. DeJulio rsew I orK, jn i Constant me JN.

Katsor is

Barbara Therese DeMayo New i ork, N i Constant ne N.

jtvaisoi is t r\ Susan Joyce Denenholz New l ork, N i Constant me N.

Katsor LS

Louise Anne Derevlany New i ork, N Constant ne N.

La OtOAV xvaLSOi is

Salvatore Diliberto JNew 1 OIK, JN l Constant ne N.

La of n ai» ivaLSOi is

Walter Kennedy Donat New i ork, Ni Constant ne N.

Katsor is XT \T xr,r Dennis J. Doody New i ork, Ni Constant ne N.

Katsor is no, xT Joyce Ann Doyle JNew i orK, Is i Constant ne JN

1a of cav Jtvaisoi IS limotny B. Driscoll New i orK, N i Constant ne N.

Katsor is

Lawrence Francis Fay wmte rlains, JN i Constant] ne N.

Katsor is

Kathleen Elizabeth Fay JN e\\ i orK, jn 1 Constant ne N.

Katsor is XT w llliam L. r ay ill N ew 1 ork, N i Constant ne N.

Katsor is XT^tt- V^i»lr XTV Kevin P. Ferrick JNew l orK, JN i Constant ne N.

Katsor iS Richard Scott Garley New York, NY Constant ine N. Katsor is Dolan Leander Garrett Baltimore, MD Constant ne N.

Katsor iS MONDAY. JANUARY 22. 1991 431

Applicant City and State Movant

Jose Emilio Gonzalez New York, NY Constantine N. Katsoris John E. Gould New York, NY Constantine N. Katsoris Michael John Grace Crompond, NY Constantine N. Katsoris

Glenn S. Gray Clark, NJ Constantine N. Katsoris Joseph T. C. Hart New York, NY Constantine N. Katsoris John Joseph Higgins Los Angeles, CA Constantine N. Katsoris Rebecca Morse Hout Altamont, NY Constantine N. Katsoris Eileen Elizabeth Hudson New York, NY Constantine N. Katsoris Patrick J. Hynes New York, NY Constantine N. Katsoris Jane Grantmyre Iacobellis Rye, NY Constantine N. Katsoris Richard E. Joseph New York, NY Constantine N. Katsoris John Bernard Francis Kelly Yonkers, NY Constantine N. Katsoris Mark William Kenny Larchmont, NY Constantine N. Katsoris Bernadette Kenny Tarrytown, NY Constantine N. Katsoris Robert J. Knightly New York, NY Constantine N. Katsoris Stephen R. LaSala Fairfax, VA Constantine N. Katsoris John Joseph Leo New York, NY Constantie N. Katsoris Judith A. Livingston New York, NY Constantine N. Katsoris Laura Elizabeth New York, NY Constantine N. Longobardi Katsoris 432 MONDAY. JANUARY 22. 1991

Applicant Citv and State Movant

David J. Mahoney Jr. Upper Saddle Constantine N. River. Katsoris Francis P. Manchisi New York, NY Constantine N. Katsoris Richard Burke Marrin New York, NY Constantine N. Katsoris Michael Joseph Martino Corning, NY Constantine N. Katsoris Monica A. Petraglia New York, NY Constantine N. McCabe Katsoris George P. McKeegan New York, NY Constantine N. Katsoris Thomas A. Moore New York, NY Constantine N. Katsoris Thomas D. Morath New York, NY Constantine N. Katsoris Francis J. Morison New York, NY Constantine N. Katsoris

William J. Neville New York, NY Constantine N. Katsoris James Normile New York, NY Constantine N. Katsoris Claire F. O'Brien New York, NY Constantine N. Katsoris Kieran H. D. O'Sullivan New York, NY Constantine N. Katsoris John M. Peterson New York, NY Constantine N. Katsoris

Stanley J. Pruszynski New York, NY Constantine N. Katsoris Robert John Reid New York, NY Constantine N. Katsoris George Augustine Reilly Norwalk, CT Constantine N. Katsoris Patrick M. Reilly White Plains, NY Constantine N. Katsoris Bruce Charles Rivkin New York, NY Constantine N. Katsoris MONDAY. JANUARY 22. 1991 400too

Applicant Citv and State Movant

Patricia S. Rocha New York, NY Constantine N. Katsoris George Cannon Ross New York, NY Constantine N. Katsoris Stephen V. Rossettie Corning, NY Constantine N. Katsoris

Carl J. Rossi Corning, NY Constantine N. Katsoris Robert John Sambrato Queens, NY Constantine N. Katsoris Angelo G. Savino New York, NY Constantine N. Katsoris John Edward Schneider New York, NY Constantine N. Katsoris Frank D. Senerchia Yonkers, NY Constantine N. Katsoris Michael David Shalhoub New York, NY Constantine N. Katsoris Christopher A. Stack Darien, CT Constantine N. Katsoris Henry N. Stamm Floral Park, NY Constantine N. Katsoris Michael K. Stanton Jr. White Plains, NY Constantine N. Katsoris Martin Sidney Tackel White Plains, NY Constatine N. Katsoris Rosanne M. Thomas New York, NY Constantine N. Katsoris Michael Edward Twomey New York, NY Constantine N. Katsoris Amy Sloane Vance New York, NY Constantine N. Katsoris Joseph A. Vita Port Chester, NY Constantine N. Katsoris John F. Ward New York, NY Constantine N. Katsoris Mary Madeline Welch New Rochelle, Constantine N. NY Katsoris 434 MONDAY. JANUARY 22. 1991

Applicant Citv and State Movant

Archie Edward Williams Jr. Alexandria, VA Constantine N Katsoris Malcolm Wilson Yonkers, NY Constantine N Katsoris James D. Yellen New York, NY Constantine N Katsoris Wendell Foster Holland Philadelphia, PA Constantine N Katsoris Jose W. Cartagena Ortiz Caguas, PPv Constantine N Katsoris Mary E. Baker Houston, TX Constantine N Katsoris Anthony J. Nieolo Portsmouth, VA Constantine N Katsoris James Gerard Villa Colchester, VT Constantine N Katsoris Ralph Paul Teller Seattle, WA Constantine N Katsoris Joseph Emmanuel Fenzel Thiensville, WI Constantine N Katsoris

Adjourned until Tuesday, February 19, 1991 at 10 o'clock. x (JOURNAL i FRIDAY. FEBRUARY 15. 1991 435 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Granted

No. 90-5721. Pervis Tyrone Payne, Petitioner v. Tennessee. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari to the Supreme Court of Tennessee, Western Division, are granted. In addition to the questions presented by the petition, the parties are requested to brief and argue whether

Booth v. Maryland, 482 U. S. 496 (1987), and South Carolina v. Gath- ers. 490 U. S. 805 (1989), should be overruled. The petitioner's opening brief is to be served and filed with the Clerk on or before March 18, 1991. Respondent's brief is to be served and filed with the Clerk on or before April 8, 1991. The case is set for oral argument during the April session. Justice Stevens, with whom Justice Marshall and Justice Blackmun join, dissenting: In my opinion, the Court's decision to expe- dite the consideration of this case and to ask the parties to address whether we should overrule Booth v. Maryland, 482 U. S. 496 (1987) and South Carolina v. Gathers, 490 U. S. 805 (1989), a question pre- sented neither in the petition for certiorari nor in the response, is both unwise and unnecessary. Cf. Patterson v. McLean Credit Union, 485 U. S. 617, 622-623 (1988) (Stevens, J. dissenting). Moreover, the Court's decision to review the alleged Booth error in this case would be inappropriate in any event because the decision below rested alterna- tively on the ground that any Booth violation that might have occurred was harmless beyond a reasonable doubt. See State v. Payne, 791

S. W. 2d 10, 19 (Tenn. 1990). Accordingly, I respectfully dissent.

(JOURNAL) TUESDAY. FEBRUARY 19. 1991 437 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinions Per Curiam

No. 90-655. Freeport-McMoRan Inc., et al., Petitioners v. KN En- ergy, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The motion of American Mining Con- gress for leave to file a brief as amicus curiae is granted. The petition for writ of certiorari granted. The judgment is reversed and the case is remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Justice Souter took no part in the consideration or decision of this motion and case.

No. 90-5393. Jose M. Lozada, Petitioner v. George Deeds, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The petition for a writ of certiorari and the mo- tion for leave to proceed in forma pauperis are granted. The judgment is reversed and the case is remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. The Chief Justice and Justice O'Connor would deny the peti- tion for a writ of certiorari.

No. 90-5796. Jimmie Burden, Jr., Petitioner v. Walter Zant, War- den. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for a writ of certio- rari and the motion for leave to proceed in forma pauperis are granted. The judgment is reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam.

Certiorari— Summary Disposition

No. 90-459. Phyllis Schmidt, et vir, Petitioners v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States 438 TUESDAY. FEBRUARY 19. 1991

Court of Appeals for the Eighth Circuit for further consideration in light of Irwin v. Department of Veterans Affairs, 489 U. S. (1990).

No. 90-605. Department of Transportation, et al., Petitioners v. Air Transport Association of America, et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The judgment is vacated and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit to consider the question of mootness.

No. 90-729. Communications Workers of America, Petitioner v. Madeline Montano. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is re- manded to the United States Court of Appeals for the Ninth Circuit with directions to dismiss. United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Orders in Pending Cases

No. . Douglas Ray Stankewitz, Petitioner v. California. The mo- tion for leave to proceed in forma pauperis without an affidavit of in- digency executed by the petitioner is granted. The motion to seal the motion for leave to proceed in forma pauperis is denied.

No. A-562. Eric Chen, Applicant v. United States. The application for release, or for bail, addressed to Justice Kennedy and referred to the Court is denied.

No. A-587. Leonard A. Pelullo, Applicant v. Harry J. Gerardi, et al. The application for stay addressed to Justice Stevens and referred to the Court is denied.

No. A-605. Frota Oceanica Brasileira, S.A., Applicant v. S. M. Pires, et ux. The application for a supersedeas bond or stay of execu- tion of judgment of the Supreme Court of New York, County of New York, presented to Justice Marshall and by him referred to the Court is denied. No. D-951. In the Matter of Grant Paul Jones. A response to the

Rule to Show Cause having been filed, it is ordered that the Rule to Show Cause is hereby discharged and the order heretofore entered No- vember 5, 1990, suspending respondent from the practice of law in this

Court is vacated. No. D-955. In the Matter of Disbarment of Kenneth E. Bruce. The motion to defer is granted. No. D-957. In the Matter of Disbarment of Albert Francis Pennisi. Disbarment order entered. TUESDAY. FEBRUARY 19. 1991 439

No. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. The motion of the Special Master for compensation and re- imbursement of expenses is granted and the Special Master is allowed a total of $5,721.01— one-half to be paid by the United States and one-half to be paid by Mississippi. The request of the Special Master to be dis- charged is granted and Walter P. Armstrong, Jr. , is hereby discharged with the thanks of the Court. Justice Marshall took no part in the con- sideration or decision of these orders.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The second motion of the Special Master for compensation and re- imbursement of expenses is granted and the Special Master is allowed a total of $30,391.20 for the period of September 1, 1989, through Janu- ary 23, 1991 to be paid equally by the parties. The request of the Spe- cial Master to be discharged is granted and Monte Pasco is hereby dis- charged with the thanks of the Court.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. The Exceptions to the Report of the Special Master set for oral argument in due course.

No. 113, Original. State of Mississippi, Plaintiff v. United States. The motion of the Special Master for compensation and reimbursement of expenses is granted and the Special Master is allowed a total of $20,518.71 to be paid equally by the parties. The request of the Special

Master to be discharged is granted and Walter P. Armstrong, Jr., is hereby discharged with the thanks of the Court.

No. 89-1821. Charles Z. Stevens, III, Petitioner v. Department of the Treasury, et al. The motion of the Solicitor General to permit Amy L. Wax, Esq., to present oral argument pro hac vice is granted.

No. 89-1905. Wisconsin Public Intervenor, et al., Petitioners v.

Ralph Mortier, et al. The motion of petitioners to dispense with print- ing the joint appendix is granted.

No. 89-7662. Roger Keith Coleman, Petitioner v. Charles E. Thomp- son, Warden. Further consideration of the motion of petitioner to strike non-record material is deferred to the hearing of the case on the merits.

No. 90-18. Robert D. Gilmer, Petitioner v. Interstate/Johnson Lane Corporation. The motion of respondent for leave to file a supplemental brief after argument is granted.

No. 90-50. Ellis P. Gregory, Jr., and Anthony P. Nugent, Jr.,

Judges, Petitioners v. John D. Ashcroft, Governor of the State of Mis- souri. The motion of John W. Keefe for leave to participate in oral argu- 440 TUESDAY. FEBRUARY 19. 1991 ment as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 90-149. Michigan, Petitioner v. Nolan K. Lucas. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-516. Jill S. Kamen, Petitioner v. Kemper Financial Services,

Inc., et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-622. Florida, Petitioner v. Luz Piedad Jimeno and Enio Jimeno. The motion of petitioner to dispense with printing the joint appendix is granted. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-762. Thomas Freytag, et al., Petitioners v. Commissioner of Internal Revenue. The motion of Erwin N. Griswold for leave to appear as amicus curiae is granted. The motion of Erwin N. Griswold for leave to file amicus curiae brief at the time the brief of the respondent is filed is denied. The motion of Erwin N. Griswold for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 90-870. Society National Bank, et al, Petitioners v. Robert

Warren, et ux. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-872. Yellow Bus Lines, Inc., Petitioner v. Drivers, Chauf- feurs & Helpers Local Union 639, et al. The Solicitor General is invited to file a brief in this case expressing the view's of the United States.

No. 90-891. Charles White, et al., Petitioners v. Raymond S. Dan- iel, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-918. Christine Franklin, Petitioner v. Gwinnett County Pub- lic Schools and William Prescott. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-1029. Eastman Kodak Company, Petitioner v. Image Tech- nical Services, Inc., et al. The Solicitor General is invited to file a brief in this case expressing the \iewT s of the United States.

No. 90-6951. Robert Charles Comer, Petitioner v. Arizona. The mo- tion of petitioner to consolidate this case with No. 90-5551, Schad v.

Arizona, is denied. TUESDAY. FEBRUARY 19. 1991 441 Certiorari Granted

No. 89-1290. Robert R. Freeman, et al, Petitioners v. Willie Eu-

gene Pitts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 90-741. Aletha Dewsnup, Petitioner v. Louis L. Timm, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 90-848. Kenneth Hilton, Petitioner v. South Carolina Public Railways Commission. Petition for writ of certiorari to the Supreme Court of South Carolina granted.

No. 90-889. William "Sky" King, Petitioner v. St. Vincent's Hospi- tal. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 90-925. Immigration and Naturalization Service, Petitioner v. Joseph Patrick Doherty. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 90-1059. Simon & Schuster, Inc., Petitioner v. Members of the New York State Crime Victims Board, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit granted.

No. 90-954. Robert C. Rufo, Sheriff of Suffolk County, et al.. Peti- tioners v. Inmates of the Suffolk County Jail, et al.; and No. 90-1004. George C. Vose, Commissioner of Correction, Peti- tioner v. Inmates of the Suffolk County Jail, et al. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 90-967. Guy Wooddell, Jr., Petitioner v. International Brother- hood of Electrical Workers, Local 71, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit granted limited to Questions 1 and 2 presented by the petition.

No. 90-6352. Diane Griffin, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit granted. Certiorari Denied

No. 89-1698. School District No. 1, Denver, Colorado, et al., Peti-

tioners v. Wilfred Keyes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 442 TUESDAY. FEBRUARY 19. 1991

No. 89-1772. David Galceran and Ed Teel, Petitioners v. Edward Joseph Harding. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-497. James Williams, Petitioner v. James A. Chrans, War- den and Neil F. Hartigan, Attorney General of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 90-529. Richard L. Miller, et al., Petitioners v. Donald Rice,

Secretary of the Air Force, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-559. American Iron and Steel Institute, Petitioner v. United

States Environmental Protection Agency, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 90-578. Alta Verde Industries, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 90-594. North Bay Development Disabilities Services, Inc., dba

North Bay Regional Center, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 90-620. Massillon Board of Education, Petitioner v. Therese A. Farber. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-652. Daniel J. O'Connor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-664. Quality Inns International, Inc., et al, Petitioners v.

L. B. H. Associates Limited Partnership, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-669. Philadelphia Marine Trade Association, Petitioner v. Local 1291, International Longshoremen's Association, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-675. Cinema Blue of Charlotte, Inc., et al, Petitioners v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. TUESDAY. FEBRUARY 19. 1991 443

No. 90-678. Leslie R. Barth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-692. Victor Rogers, et al., Petitioners v. Federal Deposit In- surance Corp., as Receiver for First RepublicBank Houston, N.A.,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-705. Clipper City Lodge No. 516, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-718. Jack R. Duckworth, Superintendent, Indiana State

Prison, et al., Petitioners v. Herman C. Bernard. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-735. Michael S. Bluestein, et al., Petitioners v. Samuel K.

Skinner, Secretary of Transportation, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-740. Dakota Cheese, Inc. and James Dee, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-744. Omar I. Gonzales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 90-745. Linda Wheeler Tarpeh-Doe, Individually and as Mother

and Next Friend of Nyenpan Tarpeh-Doe, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-748. David Jack Vogt, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-759. Clarence E. Crayton, et al, Petitioners v. Prichard

Housing Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-760. Mark Carden McNutt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-763. Mark T. Frey and Christine L. Frey, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 444 TUESDAY. FEBRUARY 19. 1991

No. 90-770. Ted Kozera, et al.. Petitioners v. Westchester-Fairfield

Chapter of National Electrical Contractors Association, Inc., et al.; and No. 90-1061. Local Union No. 501 of International Brotherhood of

Electrical Workers, AFL-CIO, Petitioner v. Westchester-Fairfield

Chapter of National Electrical Contractors Association, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-774. Dan M. Linkous, Petitioner v. Thomas J. Stovall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-797. Gas Spring Co. , Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-798. John A. Thompson v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-806. City of Willcox, Arizona, et al, Petitioners v. Federal

Energy Regulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-816. Kayser-Roth Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-819. John Carr, et al.. Petitioners v. Pacific Maritime Asso- ciation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-826. Lionel Marquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-832. Rudolph P. Kurowski, Petitioner v. City of Bridgeport,

Connecticut, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-833. Rudolph P. Kurowski, Petitioner v. City of Bridgeport,

Connecticut, et al. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 90-842. Air Wisconsin Pilots Protection Committee, et al.. Peti- tioners v. Clifford R. Sanderson, etc., et al. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-844. Howard Electrical & Mechanical, Inc. and Howard Sys- tems, Inc., Petitioners r. Trustees of the Colorado Pipe Industry Pen- TUESDAY. FEBRUARY 19. 1991 445 sion Trust. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-847. William Pymm, et al., Petitioners v. New York. Peti- tion for writ of certiorari to the Court of Appeals of New York denied.

No. 90-855. Lumbermen's Underwriting Alliance, Petitioner v. At- lantic Wood Industries, Inc. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

r No. 90-856. W ayne Kunz, et al., Petitioners v. Utah Power & Light Co. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-869. Joseph A. Mayercheck, Petitioner v. Ellen Woods. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Pitts- burgh Office, denied.

No. 90-874. Schering-Plough Corporation, et al., Petitioners v. Ray F. Albano. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-880. Snap-on Tools Corporation, et al.. Petitioners v. James F. Boyer, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-884. Gahlon W. Kunkle, et al., Petitioners v. Fulton County

Board of Commissioners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-888. Arthur L. Morgan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-895. G. Murray Turner, Petitioner v. Leon E. Jones, Sr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-897. Glen Cade, ta G & G Towing, et al., Petitioners v. Montgomery County, Maryland, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-901. Donald K. Alexander, Petitioner v. Evans & Dixon Law

Firm, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-902. Robert O. Lampl, Petitioner v. Four D Manufacturing

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 446 TUESDAY. FEBRUARY 19. 1991

No. 90-903. John W. Evans and the Estate of L. Juanita Evans, Peti- tioners v. Twin Falls County, et al. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 90-908. E. D. Christensen, Petitioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-912. Zetta C. Farris, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-915. Julian I. Richards, Petitioner v. Suburban Trust Com- pany, etc., et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-919. Evelyn D. Reel and Willard D. Reel, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-923. Billy Lamb and Carmon Willis, Petitioners v. Philip

Morris, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-924. Guadalupe Ramos, Petitioner v. Nicholas F. Brady, Sec- retary of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-927. County of Los Angeles, Petitioner v. Daniel E. Bratt, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-928. Marvin Steil, Petitioner v. Joseph Lieberman and Laura Cahill. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-934. Abel H. Hernandez, Petitioner v. Donald B. Rice, Sec- retary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-936. Peter Bardunias, et al., Petitioners v. County of West- chester, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 90-939. Veda Nayak, Petitioner v. MCA, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-941. Town of Sunnyvale, Texas, Petitioner v. Charles May- hew, Sr., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. TUESDAY. FEBRUARY 19. 1991 447

No. 90-942. Jerome B. Rosenthal, Petitioner v. Allen Broussard, Acting Chief Justice, Supreme Court of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-943. Joe Clark, Petitioner v. Western Union Telegraph Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-946. S & M Investment Co., Petitioner v. Tahoe Regional Planing Agency. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-948. Charles C. McCarthy, Petitioner v. Lott Mayo Prince, Jr. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-950. Donald E. Roth, Petitioner v. Harry Stussie, Judge, St.

Louis County Circuit Court, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 90-957. Garie Negron, Petitioner v. Banco de Ponce. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-958. George S. Nonnette, et al. Petitioners v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-960. James C. Cathey, et ux., Petitioners v. Dow Chemical Company Medical Care Program. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-961. Ervin B. Madden, Petitioner v. ITT Long Term Disabil- ity Plan for Salaried Employees, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-963. Edward Walsh, Trustee of the Bankruptcy Estate of

George M. Jewell and Laura E. Jewell, Petitioners v. Bank of America, N. T. & S. A. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-969. Eric J. Phelps, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 90-973. Sidwell Company, Petitioner v. Real Estate Data, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 448 TUESDAY. FEBRUARY 19, 1991

No. 90-975. Mid-County Motors, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-977. RPM Management Company, Inc., et al., Petitioners v. Robert Chowning, et al. Petition for writ of certiorari to the Court of Appeals of Arkansas denied.

No. 90-979. Veon Garrison, Petitioner v. City of Indianapolis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-981. Securities Management and Research, Inc., et al., Peti- tioners v. Clinton P. Swift, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-982. Ranbir S. Sahni, Petitioner v. Harbor Insurance Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-986. Armco Export Sales Corporation, et al., Petitioners v. Comptroller of the Treasury. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-989. Caldor, Inc., Petitioner v. Mary M. Heslin, Commis- sioner of the Department of Consumer Protection, et al. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 90-995. Virginia C. Wright, Petitioner v. Arlington County So- cial Services. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-999. Darryl S. Jacobs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1001. Michael T. Westmoreland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1005. Lloyd Baker, Petitioner v. Mecklenburg County, North

Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-1007. Bank of America National Trust and Savings Associa- tion, Petitioner v. Superior Court of the City and County of San Fran- cisco (George Walters, Real Party in Interest). Petition for writ of cer- tiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-1009. Egbert Bagg, IV, et al., Petitioners v. New York De- partment of Environmental Conservation. Petition for writ of certiorari TUESDAY, FEBRUARY 19. 1991 449

to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 90-1016. Consolidated City of Jacksonville, Duval County, Flor-

ida, Petitioner v. Winston Nash. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1017. Basin Electric Power Cooperative, Petitioner v. Crum & Forster Managers Corporation of New York, dba International In- surance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-1018. International Society for Krishna Consciousness of

California, Inc., et al., Petitioners v. Board of Equalization of Cali- fornia. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Second Appellate District, denied.

No. 90-1021. Peter Sugar, et al., Petitioners v. Diamond Mortgage Corporation of Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1022. Connecticut, Petitioner v. James Y. Hope. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 90-1023. William Kuntz, III, Petitioner v. Society Bank, N.A. Petition for writ of certiorari to the Court of Appeals of Ohio, Mont- gomery County, denied.

No. 90-1024. John L. Vidakovich, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1026. Norman R. Evonuk, Petitioner v. Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1030. Kenneth A. Kozel, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1031. Jack Haller, Petitioner v. Donald Borror, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1033. Robert Bradley and Norman Speck, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1034. Johnny C. Cooksey, Petitioner v. Paul B. Cohen, As- sistant General Counsel of the State Bar of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. 450 TUESDAY. FEBRUARY 19. 1991

No. 90-1035. Kenneth B. Quansah, Jr., Petitioner v. City of San Jose, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1036. Roger Atkinson, et al, Petitioners v. IHC Hospitals,

Inc., aka Intermountain Health Care Hospitals, Inc., et al. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 90-1048. Alexander Malick, Petitioner v. Sandia Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1051. J. P. Tristani, et al, Petitioners v. Eastern Air Lines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1053. Medical Protective Company, Petitioner v. Fletcher Bell. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-1057. Marcie Mclntire, Petitioner v. Minnesota, et al. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 90-1060. Robert A. Holliday, Petitioner v. Consolidated Rail Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 90-1082. Hettie M. Minnicks, Executrix of the Succession of

Stephen A. Mistich, Petitioner v. Brandon L. Mistich, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 90-1085. Alfred Giuffrida, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1100. David J. Heldstab, Petitioner v. Frank Liska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1103. Lynn Beaucoudray, et vir, Individually and on Behalf of their Minor Child, Ann Mary Kelty, Petitioners v. Douglas D. Green, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 90-1110. Mike Britt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1116. Lawrence S. Krain, Petitioner v. Ronald George, Laughlin Waters, George Deukmejian, Ralph Geffen and John G. Davies TUESDAY. FEBRUARY 19. 1991 451 and Lawrence S. Krain, Petitioner v. Univeristy of Michigan Hospi- tal, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1138. Saverio Moreno, Petitioner v. United States Drug En- forcement Administration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1161. Thomas D. Sikes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1170. Richard Roger Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1172. Anna Lou Stuckey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1180. Frank J. Camoscio, Petitioner v. Board of Registration in Podiatry. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 90-1183. Nathan Boatner, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5590. Haskell Watson, Petitioner v. United States;

No. 90-5771. Herman Curry, Petitioner v. United States;

No. 90-5824. Jeffrey Lynn Howard, Petitioner v. United States; and

No. 90-6082. Ronald Jerome Hayes, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5663. James Steeley, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 90-5723. James Steeley, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 90-5737. Russell Tinsley, Petitioner v. Bob Borg, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5783. Stanley Joseph Callis, Petitioner v. Edward W. Mur- ray, Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 452 TUESDAY. FEBRUARY 19. 1991

No. 90-5804. Calvin Black, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-5807. Ronald Daren Red Bear, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-5819. Jack Harper Bell, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-5850. Clifton J. Shedelbower, Petitioner v. Wayne Estelle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5907. Michael Stanley, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied.

No. 90-5924. Jesse Ellis Clark, Petitioner v. W. D. Nichols, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-5936. Rafael Santos Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-5959. Angel S. Perez-Morales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5968. Robert Eldridge Marshall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-5978. Alberto Gomez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6002. Anthony MacKenzie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6027. Benjamin Prieto, Petitioner v. John Gluch, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-6034. Michael Allen Sanders, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. TUESDAY. FEBRUARY 19. 1991 453

No. 90-6043. Jose Ernesto Leon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6048. David Ware, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 90-6064. Philip Reid Payne, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied.

No. 90-6071. Charles E. Bullard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6076. Herman Edward Lane, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6089. Martin Blitstein, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-6096. Jerry Lewis Pearson, Petitioners. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6097. Alonzo Gibson-Bey, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-6114. Alan Thorpe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6120. Andrew Maurice Maryland, Petitioner v. Larry W.

Huffman, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6124. Avery Nathaniel Brice, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6126. Wilmer Sample, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6135. James Cattalo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 454 TUESDAY, FEBRUARY 19. 1991

No. 90-6138. Alp Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6144. Francisco Javier Guizar, Petitioner v. Edward R. Meyers, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6148. Gary Wayne Golden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6150. Marilyn J. Fair, et vir, Petitioners v. Roger Steele, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-6174. Jerome Brown, Petitioner v. Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6184. Mark Preston Harrison, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 90-6187. Eddie Bishop Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6191. Tanell Rashaad Curry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6192. Harold G. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6213. Fred Whitaker, Petitioner v. Wells Fargo National

Association, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-6222. David Grove, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6224. Jairo Arcilla-Gomez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6225. Heinz G. Dall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. TUESDAY. FEBRUARY 19. 1991 455

No. 90-6229. James L. Martin, Petitioner v. Supreme Court of Dela- ware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 90-6250. Ronald E. Peters, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6261. George Sassower, Petitioner v. Charles Brieant, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6263. George Sassower, Petitioner v. United States Court of Appeals for the District of Columbia Circuit. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6270. Donovan Juan Michaels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6275. Fabio Jose Palacio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6290. Cecil Alan Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6294. William Johnston, Petitioner v. Larry Mizell, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-6311. Kevin Wesley Doggett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6324. Johnny Larry Horton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6329. Charles David Keller, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6332. Bill and Ruby Oxendine, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6334. Malcolm Alexander, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 456 TUESDAY, FEBRUARY 19. 1991

No. 90-6340. Terry Gene Barber, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6345. Brian T. Ellzey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6370. Eddie Lucio Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6372. Michael Neel Gleason, Petitioner v. Dean Huckabee,

Judge, Harris County, Texas District Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6375. Ronald Hale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6392. Eugene Van Aernam, Petitioner v. Ron Burkhart, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6397. Kevlin D'Mar Bradley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6399. Adrian Niculescu, Petitioner v. Chrysler Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6400. Mr. Four Hundred, Petitioner v. D. J. Howe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6401. Paul Green, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 90-6403. Richard O. Burgess, Petitioner v. Washington County, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-6408. Wayne R. Anderson, Petitioner v. Supreme Court of the State of Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 90-6410. Daniel Whisenant, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. TUESDAY. FEBRUARY 19. 1991 457

No. 90-6411. Michael Sindram, Petitioner v. J. James McKenna, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-6415. Scott William Himmelein, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-6416. Herman Lynch, Petitioner v. Mario Cuomo, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6418. Ignacio Sanchez Lopez, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-6422. Ralph Lepiscopo, Petitioner v. Sharon K. Knapp, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6424. Russell L. Obremski, Petitioner v. Manfred Maass, Superintendent, Oregon State Penitentiary. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6428. Gregory Powell, Petitioner v. David Owens, Commis- sioner, Pennsylvania Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6430. Jeanne Wages, Petitioner v. Internal Revenue Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6435. Robert Young, Petitioner v. John Wireman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6440. Leroy A. Lovelace, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 90-6441. Morris Martin, Petitioner v. Robert Brown, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6443. Audley Dunkley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6446. Robby Lee Andrews, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 458 TUESDAY. FEBRUARY 19. 1991

No. 90-6449. William Cooper, Petitioner v. Dale Stallman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6450. Starla Vaughn and Walter Vaughn, Petitioners v. Charles H. Griffith. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-6452. Jose Hincapie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6455. Michael Tyrone Parson, Petitioner v. Richard L.

Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6462. Marilyn Kay James, Petitioner v. Wyoming. Petition T for writ of certiorari to the Supreme Court of W yoming denied.

No. 90-6466. James V. Carrao, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 90-6467. Bradford Lowell Drake, Petitioner v. City of Los An- geles, Personnel Department. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6476. Michael A. Gideon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6477. David Entel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6478. Kevin Cruickshank, Petitioner v. American Honda. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-6479. Thomas A. Berkelbaugh, Petitioner v. George Petsock, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-6481. Charles W. Wheat, Petitioner r. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6482. Angel Calo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. TUESDAY. FEBRUARY 19. 1991 459

No. 90-6483. Gary Ellis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6484. John Willie Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6485. Moses Green, Petitioner v. John P. Whitley, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-6489. Lloyd Michael Reid, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6492. Steven Leonard Theus, Petitioner v. George Deeds,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6493. Kenneth Wayne Hovland, Petitioner v. James Blodgett, Superintendent, Washington State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6494. Shay Liberman, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6495. Alvin Lee Harrison, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6496. Ronald Menard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-6498. Peter John Lovato, Petitioner u. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6500. Ronald Dean Murray, Petitioner v. Jack Cowley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6502. Walter L. Demers, Petitioner v. Rhode Island. Peti- tion for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 90-6506. Sylvester Jones, Petitioner v. George F. Gunn. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 460 TUESDAY. FEBRUARY 19. 1991

No. 90-6507. Gary Wayne Hirsch, Petitioner v. Joan G. Seitz, etc. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 90-6510. Stephan Albert Rendick, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 90-6512. Debro Siddiq Abdul-Akbar, Petitioner v. Anthony A. Figliola, Jr. Petition for writ of certiorari to the Supreme Court of Dela- ware denied.

No. 90-6514. Thomas Robinson, Petitioner v. Donald Hartzell, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-6515. Warren Reginald Stevenson, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied.

No. 90-6516. Eligio Castro, Petitioner v. New York City Board of

Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6518. Harry A. Wolfenbarger, Petitioner v. Kansas Depart- ment of Social and Rehabilitation Services. Petition for writ of certio- rari to the Court of Appeals of Kansas denied.

No. 90-6519. Brett Delain Sorenson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6520. Joseph L. Rainer, Petitioner v. Department of Correc- tions. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-6521. Clarence Edward Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6523. Lester Jay Baker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6525. Walter Michael Pasco, Petitioner v. Terry L. Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6526. Jerry Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6527. Reginald Hayes, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. TUESDAY. FEBRUARY 19. 1991 461

No. 90-6528. Ignacio A. Navarro, Petitioner v. Steve Hargett, War-

den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6529. Leroy Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-6535. Gary Lee McColpin, Petitioner v. Steven J. Davies, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-6536. Robert Jasinski, aka William J. Edgar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6543. Charles Edward Wilson, Petitioner v. Steve Puckett,

Superintendent, Mississippi State Penitentiary at Parchman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6544. Elmer Leon Peterson, Petitioner v. North Carolina

Parole Commission, et. al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6545. Apolinario Vigil, Petitioner v. Robert Tansy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6546. James Shaun Ashurst, Petitioner v. William H. Dall- man, Superintendent, Lebanon Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6547. Jesse Wallace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6548. Roger Irelan and Lora Irelan, Petitioners v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Fourth District, denied.

No. 90-6550. Freddie B. Herron, Jr., Petitioner v. Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-6551. Arnold Naftel, Petitioner v. Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6554. Walter Smith, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. 462 TUESDAY. FEBRUARY 19. 1991

No. 90-6555. Thomas Robinson, Petitioner v. Stark County Metro- politan Housing Authority. Petition for writ of certiorari to the Court of Appeals of Ohio, Stark County, denied.

No. 90-6558. Kevin Eliga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6560. Jesse E. Cochran, Petitioner v. Jack Cowley, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-6561. Harry Bout, Petitioner v. State Bar of Michigan Attor- ney Grievance Commission and Eugene La Belle. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6564. Raymond Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-6565. Robert Lee McDile, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6566. John Edward Medved, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6567. Leon Dario Machado-Puerta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6568. Winston Simpkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6569. Robert W. Tidwell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6570. John E. Reneer, et al.. Petitioners v. Frank Wall, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-6571. John Robert Demos, Jr., Petitioner v. United States District Court for the Eastern District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. TUESDAY. FEBRUARY 19. 1991 463

No. 90-6572. Thomas J. Conboy, Petitioner v. Robert W. Baird & Company, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6573. Wilbert Monroe Gurley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6574. Luis Alberto Gutierrez-Jaramillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6576. Donald R. Sceifers, Petitioner v. Sheila K. Zwickey, et al. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied.

No. 90-6577. Earnest Smith, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6579. Charles Ead, Petitioner v. Jorge Denapoli. Petition for writ of certiorari to the Court of Appeals of Massachusetts denied.

No. 90-6580. Rudi Bernard Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6585. Fredda Sue Mowbray, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied.

No. 90-6587. Douglas Rubins, Petitioner v. Warren T. Diesslin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6589. James Asbury, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied.

No. 90-6590. Neil E. Beachem, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-6591. Frederick E. Melvin, Petitioner v. Florida, et al. Peti- tion for writ of certiorari to the Supreme Court of Florida denied.

No. 90-6593. Norman Cowart, Petitioner v. Texas. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-6594. John M. Ferenc, Petitioner v. Richard L. Dugger, Sec- retary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 464 TUESDAY. FEBRUARY 19. 1991

No. 90-6596. Lawrence Smith, Petitioner v. Tennessee. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6597. David Bacllev, Petitioner v. Charles Scully. Super- intendent, Greenhaven Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6598. Patrick H. Keene, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6599. John A. Harrison, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6600. John Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6601. Regina Starr, Petitioner v. District of Columbia De- partment of Employment Services (Workers Compensation). Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-6602. Timothy Green and Mary Ann Gillespie, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6604. Johnny F. Mitchell, Petitioner v. James N. Rollins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6605. Arnold D. Mackey, Petitioner v. Michigan, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6606. Fernando Delgado, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6611. Thomas Michael Sorensen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6612. Patrick Ray Warner, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY. FEBRUARY 19. 1991 465

No. 90-6617. Dale M. Preston, aka Jami Mansour Shabazz, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 90-6618. William C. Bennett, aka John A. Richardson, Peti- tioner v. Garrison A. Parker, Warden, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6619. Pedro Aguilar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6621. Charles Edward Currie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6622. Roland A. Gomes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-6623. James Danforth (formerly Effects Associates, Inc.),

Petitioner v. Larry Cohen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6625. Michelle Ayers, et al., Petitioners v. Philadelphia

Housing Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6626. Randall Gene Cunningham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6629. Jessie Lee Payton, Petitioner v. Jack Cowley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6630. James Calvin Weddle, Petitioner v. Richard Singleton,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6631. James Sherman Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6632. Bobby Moore, Jr., Petitioner v. John Nagle, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-6635. Gary Wayne Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 466 TUESDAY. FEBRUARY 19. 1991

No. 90-6636. John Bert Fisher. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6637. Arthur Maez. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6638. Bernard Edward Analla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6641. William Wingerter. Petitioner v. Frank C. Blackburn, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6642. Manuel Parrado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6643. Eric Unger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6644. John Webster Flanagan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6645. Jose Gilberto Drummond, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6646. Calvin Lyniol Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6648. Daries Sherrills, Petitioner v. John Corrigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6649. Carl Rucker, Petitioner v. Wisconsin, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied.

No. 90-6651. Julian Scott Esparza, Petitioner v. George Casillas, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-6653. Ronald Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. TUESDAY. FEBRUARY 19. 1991 467

No. 90-6654. Abraham Friedman. Petitioner v. New York City De- partment of Housing and Development Administration and New York City. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6659. Erwin Donell Bullock, Petitioner v. Edward Murray,

Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 90-6660. Ben W. Allustiarte and Linda M. Allustiarte, Petition- ers v. W. Austin Cooper. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6662. Enrique Emilio Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6665. Ricardo Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6666. Marvin S. Wells, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6667. Todd Stephens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6670. Robert Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6671. Ruben Velasquez Suarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6673. Alvin Richard Jones, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6675. Steven F. Madeoy and Jakey Madeoy, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6676. Richard Neiman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 468 TUESDAY. FEBRUARY 19. 1991

No. 90-6677. Betty Aronow, Petitioner v. Edward Lacroix and Jo- seph Schumb. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-6678. Moises Reinja Naveira, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6679. Jonathan Albert Minks, Petitioner v. Minnesota. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied.

No. 90-6684. D'Angelo Jones, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

No. 90-6686. George Hawkins, Petitioner v. Columbia First Federal Savings and Loan Association. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6687. Johnnie Corbett Meadows, Petitioner v. Melanie Meadows. Petition for writ of certiorari to the Court of Appeals of Ohio, Belmont County, denied.

No. 90-6699. Harry Wolfenbarger, Petitioner v. Donna Wolfen- barger. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 90-6700. Herman Via, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6707. Keith Allan Castle, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6708. Michael Alfano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6709. Leo Eugene Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6716. Abelee Brunson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6718. Miguel A. Acosta, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied. TUESDAY. FEBRUARY 19. 1991 469

No. 90-6722. Deborah Byrne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6723. B. E. Sweatt, Petitioner v. News World Communica- tions, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6725. Jerome Edward Buie, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 90-6726. Carmen Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6730. Alvin Kennard, Petitioner v. John E. Nagle, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-6733. Samuel James Oakley, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6734. Winston Paul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6737. Robert Joe Murray, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6740. Donald Hoffman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6741. Earl Joseph Hall, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied.

No. 90-6743. Imam Shahid Muhammad, Petitioner v. United States Bureau of Prisons. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6745. Charmaine Cespedes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6750. Jose Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 470 TUESDAY. FEBRUARY 19. 1991

No. 90-6751. Wallace Gant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-6752. Daniel Wright, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 90-6760. Omar Rodriguez-Diaz, Petitioner v. Florida Board of Bar Examiners. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-6763. John Chica, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6764. Armando Benel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6771. Gary Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6773. Desmond Bryan, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6776. Leonard R. Friedman, Petitioner v. Board of Regis- tration in Medicine. Petition for writ of certiorari to the Supreme Judi- cial Court of Massachusetts denied.

No. 90-6779. Modesto Caba, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6784. Darryl Pierce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6785. George Sassower, Petitioner v. A. Franklin Mahoney, as Presiding Justice of the Appellate Division, Supreme Court of New

York, Third Judicial Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6787. Thomas Edward Fleming, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6804. Jose Luis Castillo and Manuel Castillo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. TUESDAY. FEBRUARY 19. 1991 471

No. 90-6808. Fate McMiller, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6820. Gerald Tharpe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6828. Charles Lee McKnight, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6830. Jonell Holiday, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6836. Kerry Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-6841. Clifford Leon Moser, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6887. Virgil L. Evans, Petitioner v. Henry N. Grayson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-1973. Joslyn Manufacturing Company, Petitioner v. T. L. James & Company, Inc.; and

No. 90-69. Powerline Supply Company, Inc., et al.. Petitioners v. T. L. James & Company, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari.

No. 90-737. David B. Zavadil, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice White would grant certiorari.

No. 90-781. 141st Street Corporation, by Mark Hersh, etc., Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White would grant certiorari.

No. 90-783. Village of Los Ranchos de Albuquerque, et al., Peti- tioners v. R. H. Barnhart, Administrator, Federal Highway Adminis- tration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White would grant certiorari. 472 TUESDAY. FEBRUARY 19. 1991

No. 90-993. CSX Transportation, Inc., Petitioner v. Stephen Rastall, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice White would grant certiorari. No. 90-704. Southern Bell Telephone and Telegraph Company, Peti- tioner v. Steven W. Hamm, Consumer Advocate for South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 90-830. Bell Atlantic Corporation, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 90-867. Powell Duffryn Terminals, Inc., Petitioner v. Public In- terest Research Group of New Jersey, Inc. , et al. The motion of Ameri- can Iron and Steel Institute, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-940. Emery Leathers, Petitioner v. Nathan Miller. The mo- tion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1015. J. O. Davis, Warden, Petitioner v. Reginald Jones. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-994. Lewis & Company, et al., Petitioners v. Konstantin Thoeren, et al. The motion of respondents for attorneys' fees and dou- ble costs is denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1028. Michigan, Petitioner v. Kevin Lamont Ambers. It ap- pearing that respondent died September 12, 1989, the petition for a writ of certiorari is dismissed.

No. 90-1039. Peer International Corporation, Petitioner v. Pausa

Records, Inc., et al. The motion of petitioner for leave to dispense with

Rule 29.1 listing of class members is granted. The motion of National Music Publishers' Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1044. Sewell Plastics, Inc., Petitioner v. Coca-Cola Com- pany, dba Coca-Cola USA, et al. Petition for writ of certiorari to the TUESDAY. FEBRUARY 19. 1991 473

United States Court of Appeals for the Fourth Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 90-1050. Michael J. Friedman, Petitioner v. United States. The motion of petitioner for an order directing the United States to respond to the petition for a writ of certiorari is denied. Petition for writ of cer- tiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 90-1101. William Leighton, Petitioner v. Beatrice Companies,

Inc., et al. The motion of petitioner to defer consideration of the peti- tion for a writ of certiorari is denied. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 90-6713. Reginald Jells, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting opinion by Justice Marshall.

No. 90-6155. Fred Berre Douglas, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dis- senting statement by Justice Marshall.

No. 90-6266. Ryan Michael Marshall, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 90-6434. George Porter, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting state- ment by Justice Marshall.

No. 90-6445. Charles Silagy, Petitioner v. Howard Peters, III, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting statement by Justice Marshall.

No. 90-6468. Tyrone Delano Gilliam, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Appeals of Maryland denied. Dissenting statement by Justice Marshall.

No. 90-6480. Donald E. Reese, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall.

No. 90-6663. Richard Raymond Ramirez, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California de- nied. Dissenting statement by Justice Marshall.

No. 90-6668. Fred Lawrence Robinson, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. Dis- senting statement by Justice Marshall. 474 TUESDAY. FEBRUARY 19. 1991 Habeas Corpus Denied

No. 90-6650. In Re Wilbert Proffitt, Petitioner; No. 90-6681. In Re Michael Anthony Miller, Petitioner; No. 90-6688. In Re George Sassower, Petitioner; and No. 90-6770. In Re Ronald Eugene Haygood, Petitioner. The peti- tions for writs of habeas corpus are denied.

Mandamus Denied

No. 90-1135. In Re J. D. Amend, Petitioner; No. 90-6413. In Re Robert Allen May, Petitioner; No. 90-6592. In Re Audrey Miller, Petitioner; No. 90-6702. In Re Brenda Shelton, Petitioner; and No. 90-6762. In Re Anthony L. Cozzetti, Petitioner. The petitions for writs of mandamus are denied. No. 90-1054. In Re Jessie D. McDonald, Petitioner; and No. 90-6658. In Re George Sassower, Petitioner. The petitions for writs of mandamus and/or prohibition are denied.

Prohibition Denied

No. 90-6634. In Re William Kleinschmidt, Petitioner. The petition for writ of prohibition is denied.

Rehearings Denied

No. 89-1944. Ohio, Petitioner v. Ediberto Huertas;

No. 89-7787. Eleazar Villegas, Petitioner v. California;

No. 90-90. Martin J. Hughes, Petitioner v. United States;

No. 90-484. Bill Taber, dba Tabers Grass Farm, Petitioner i>. James C. Pledger, Director, Arkansas Department of Finance and Admin- istration;

No. 90-532. Ira Banks, Petitioner v. Sterling Merchandise, Inc., et al.; No. 90-5627. Donald Eugene Johnson and Robert William Jones,

Petitioners v. United States;

No. 90-5931. James Michael Harris, Petitioner v. Bill Cato, et al.;

No. 90-5938. Michael Neel Gleason, Petitioner v. Wells Stewart, Judge, Harris County, Texas District Court, et al.;

No. 90-5941. Michael Dee Mattson, Petitioner v. California;

No. 90-5981. Robert L. Endres, Petitioner v. Bill Armontrout, et al;

No. 90-5991. Omar G. Rodriguez-Diaz, Petitioner v. Florida, et al.; TUESDAY. FEBRUARY 19. 1991 475

No. 90-6020. Bernard Joseph Cassidy, Petitioner v. Rose, Klein &

Marias, et al.;

No. 90-6031. Robert F. Sowell, Petitioner v. Michael T. Maloney, Deputy Commissioner, Massachusetts Department of Correction; No. 90-6051. In Re Michael Sindram, Petitioner;

No. 90-6054. Merle Kinder, Petitioner v. Margaret Sandberg, et al;

No. 90-6116. James Canterbury, Petitioner v. Edward Francis Kalisz;

No. 90-6118. John F. Desmond, Petitioner v. Department of Defense;

No. 90-6171. Walter J. Moore, Petitioner v. Kansas Department of

Social and Rehabilitation Services, et al.;

No. 90-6230. James L. Martin, Petitioner v. Stephen W. Townsend, et al.;

No. 90-6280. Johnny Mack Young, Petitioner v. W. E. Johnson, Warden; and

No. 90-6313. Edward A. Ganey, Jr., Petitioner v. Samuel A. Wil- son, III, et al. The petitions for rehearing are denied.

No. 89-6872. Brian Michael Daly, Petitioner v. United States. The motion for leave to file a petition for rehearing is denied. Justice Souter took no part in the consideration or decision of this motion.

No. 90-543. Joseph R. Giannini, Petitioner v. Manuel L. Real, Chief Judge, United States District Court for the Central District of Califor- nia, et al. The motion of petitioner to defer consideration of the petition for rehearing is denied. The petition for rehearing is denied.

Order

It is ordered that William K. Suter be appointed Clerk of this Court to succeed Joseph F. Spaniol, Jr., effective at the commencement of business February 1, 1991, and that he take the oath of office as re- quired by statute.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Steven Bane Abbott Riverside, CA Justin M. McCarthy R. Christopher Abele Kansas City, MO William H. Curtis Ara Aghishian Woodland Hills, Berj Boyajian CA T Norman W ills Albert Cranford, NJ Marie P. Simonelli Paul H. Aloe New York, NY Stuart Forrest Cartoon 476 TUESDAY. FEBRUARY 19. 1991

Applicant City and State Movant

Bradley Joseph Andreozzi New 1 ork, Nl W ayne Alan Cross Edward Richard Kenosha, WI Donaici b. Mayew Antaramian T"j in j t-> Allen Anthony Ashenhurst Macomb, IL Bradford B. Ingram Kenneth Nathan Bass Washington, DC 1rpinomas DavidT~\ • J Yannucci limothy Mark Bates Dallas, IX Michael W. Huddleston Kebecca White Bercn lempe, AZ Michael Allen Berch jerry w. r>erKsiresser Arlington, VA Edward S. Irons Dean W. jDircn lampa, t L C. blmon Catlin Paul Markham Black Richmond, VA Bradiute W. Davenport, Jr.

T71 1 A XT Carolyn Patty Blum Berkeley, CA Frank C. Newman

A J.1 T\ IT a. ' T~> 1 " 1 o t /~y A X IT IT Anthony Martin Boskovich San Jose, CA Manuel James Baglanis William Patrick Bowen lallanassee, r L John Charles Kunich

A 1 * A 1 ATT T"» T~\ 1 Amelia A. BowerT> Cleveland,J OH JamesT R. Donahue

T~v " 1 T"» 1 11 T» 1 ti /r j_ at TOT j. T~> 1 1 David Randall Boyd Montgomery, AL Merton Roland Nachman, Jr.

U7 1i T 1 T» Walter Lyle Brewer Bartow, FL Woiiord H. Stidham Alan Marvin Bristol Corsicana, 1A John Joseph Conner 0 Shea

} l mxT T~» 1 x T William J. Brown Cleveland, TN Robert L. McMurray

/"*],., L» , , ~ ATT David Mason Buchman Columbus, (Jrl Glenn Brooks Redick /"> /^ll 1 1 ATT X IT 1 1 Janet Elaine Burney Cleveland, OH Malcolm C. DouglasT"\ 1

T~k 1 A A John Christopher Burton Pasadena, CA John Edmund Huerta Kenneth David Butler Duiutn, MJN David John Koskinen Samuel C. Campisi Birmingham, AL Michael Clay Quillen TUESDAY. FEBRUARY 19. 1991 477

Applicant City and State Movant

Ellen J. Canfil Strongsville, OH Steve Weldon Canfil Glen A. Canner Greenwich, CT Anthony A. Piazza Elaine Allison Grafton Houston, TX Spurgeon E. Bell Carlson Harry T. Carp Eugene, OR Jack Allyn Gardner Kirk D. Carpenter Auburn, IN Donald Travis Mefford Thomas Vincent Cassidy Chicago, IL Richard E. Friedman Rhonda Rutherford Houston, TX Kenneth T. Fibich Chandler

Kathleen Krail Charvet New Orleans, LA Michael J. Maginnis Kenneth John Chesebro Cambridge, MA Laurence Henry Tribe David A. Clanton Washingtn, DC Bruce E. Clubb Gerry Larison Clark Orlando FL Cheryl Ann Pohley Stephen Craig Clark San Diego, CA Garth Kevin Jones Daniel M. Clements Baltimore, MD Paul David Bekman Kathleen M. Comfrey New York, NY Danforth Newcomb Michael J. Condon Albuquerque, NM Bruce M. Hall William Martin Conley Madison, WI John S. Skilton

Patrick J. Conlon Maplewood, NJ Matthew P. Boylan M. Laurie Flinn Connelly Spokane, WA James Christopher Sloane Larry Robert Cope Rosemead, CA Norman G. Kuch Bradford Whitehill Coupe New York, NY Harry Anthony Rissetto Christopher Michael Culley Columbus, OH Joel Sanford Taylor 478 TUESDAY. FEBRUARY 19. 1991

Applicant City and State Movant

Thomas G. Dagger New York, NY Edwin B. Mishkin Luke J. Danielson Denver, CO Robert Heron Bork Phillip Leon Davidson Nashville, TN James Leo Murphy, III Michael A. Davis Philadelphia, PA Susan Salisbury Jim L. De Cesare Midland, MI Donald George Deibert Philip De Vencentes Hackensack, NJ Robert L. Galantucci

Shawm W. Denney Springfield, IL John J. Brunsman Brian S. Dervishi Miami, FL Jeffrey Mark Weissman John B. DesBarres Tulsa, OK John A. Ladner Baldassaro DiCapo Sacramento, CA Bruce Halliday Jackson Carolyn Brigida Philadelphia, PA Mark Francis DiGiovanni DiGiovanni Brian G. Dicus Dallas, TX Joseph E. Ashmore, Jr. Jeffrey W. Doeringer Costa Mesa, CA Fred S. Rabishaw Lawrence C. Downes New York, NY Frank Durkan Alexander J. Drago New York, NY Myron J. Bromberg David W. Duce Everett, WA Wesley K. Duce Jay P. Dufrechou San Jose, CA Kenneth Saul Rosenblatt Richard A. Dunne Whippany, NJ Jac B. Weiseman Peter Kryn Dykema Washington, DC Wayne S. Bishop

Benjamin J. Eicher Rapid City, SD Franklin J. Wallahan

Robert J. Engling Chicago, IL Joan M. Hall Stanton D. Ernest Mt. Carmel, IL Manuel J. Robbins James Medric Eubanks Atlanta, GA Robert Tayloe Ross G. Daniel Evans Birmingham, AL Peter F. Burns Burton H. Fagan Bettendorf, IA Michael E. Rock TUESDAY. FEBRUARY 19. 1991 479

Applicant City and State Movant

John David Fairbrook Sacramento, CA Bruce Halliday Jackson John Roger Fallon J. New York, NY James W. Shea Patrick Joseph Fanning Arlington Elizabeth Hillman Heights, IL Brown Bruce Bennett Fant Austin, TX Chris Thomas Hanger William Brokate Fecher Dayton, OH David C. Greer

MartinI'XCii- till RXV* FineA. lllv New York NY Lawrence Robert Velvel

Michael Paul Fleming Houston, TX Harry J. Fleming Michael Anthony Florie Birmingham, AL L. Graves Stiff, III Thomas Fodice West Orange, NJ Joseph P. Healy Thomas J. Foley III Philadelphia, PA Thomas A. Leonard J Craig Fong San Francisco, CA Leonard Graff Pamela Borland Forbes Washington, DC Eugene Rov Fidell Joseph Scott Forgey Muncie, IN Robert Steven Spear Kenneth R. Friedman Seattle, WA Robert Alan Adelman Robert H. Fritz Houston, TX Jeffrey Benedict Kaiser Roxanne Denise Galeota Philadelphia, PA Sharon Kaplan Wallis B. Gray Gibbs St. Petersburg, Thomas Bullitt FL McCoun, III Julia Fry Gibson Kansas City, MO Lawrence Duncan MacLachlan Kevin Michael Gilligan Syracuse, NY Frances Audrey Ciardullo Paul Matthew Glavin Chicago, IL Dean A. Olds Jeffrey Glucksman Bronx, NY James William Kachadoorian Charles Ronald Goerth Wilmette, IL Garland Hilliard Allen 480 TUESDAY. FEBRUARY 19. 1991

Applicant Citv and State Movant

Steven James Goodhue Denver, CO Robert S. Treece Frank K. Goto Jr. Honolulu. HI Randall Y. K. Young William T. Graysen Los Angeles, CA Stanley Fleishman Peter David Greenspun Fairfax, YA Leslie V. Dix Elizabeth A. Grimes Los Angeles, CA Theodore B. Olson Sharon J. Grodin Emeryville. CA Duane Bruce Beeson Kenneth Joel Haber Washington, DC Sherman Cohn Kerry Carl Hagan Waco, TX Ronald Baker John Wardell. Jr. Richard C. Harding Alhambra, CA W. Michael Mayock Paul Ellis Hash Houston, TX A. Martin Wickliff, Jr. Honey Charlotte Hastings Nashua, NH Richard C. Gagliuso Jonathan P. Hiatt Boston. MA Orrin Dole Baird James P. Hill San Diego, CA Candace Mattoon Carroll Christopher Vincent Ho San Francisco, CA William C. McNeill, III Steven L. Hobson Kansas City, MO Herbert William Mcintosh J. Edward Hollington Albuquerque, NM Dvid Norman Greer John Anthony Hollstein Morrison, CO John Scott Hamilton David Blufford Hopkins Seattle, WA Donald Maxwell Reno, Jr. Joseph Paul Horlen Dallas, TX David A. Witts James E. Hund Lubbock, TX David Michael Worley Dennis R. Hurley South Sioux City, Golby Cleigh XE Uhlir Timothv Patrick Huiiev New Orleans, LA Michael J. Maginnis TUESDAY. FEBRUARY 19. 1991 481

Applicant City and b>tat6 Movant

Van Huseman Corpus Christi, David Yancey TX White Debra Winne Jeppson Carson City, NV Donald W. Winne Charles Michael Johns Bisbee, AZ Wesley E. Polley Robert E. Johnson Tampa, FL Paul Bryan Johnson

Scott M. Johnson Washington, DC Stanley J. Moore Jeffrey Bruce Jones El Centro, CA John Christopher Larsen Richard Dean Kaplan Los Angeles, CA Stanley Fleishman Richard Michael Karoub Farmington Hills, Don L. Keskey MI Bentley C. Kelly III Dallas, TX John F. Canterbury, Jr. Charles Mason Kierscht Chicago, IL Joan M. Hall Jacqueline Lake Killgore Manchester, NH D. Brian McKay Harden King Tallahassee, FL John D. Maher Carman E. Kipp Salt Lake City, Joel Dennis UT Frederick Cheryl M. Knodle Lafayette, IN Joseph T. Bumbleburg Jan Paul Koch Las Vegas, NV George Paul Brandenburg James Kurt Kracht Miami, FL Robert Anthony Ginsburg Robert M. Kroenert Kansas City, MO William H. Curtis Layne E. Kruse Houston, TX Buren Jackson Bradshaw Richard Edward Ladd Jr. Abingdon, VA Richard Edward Ladd Thomas D. Lardin Fort Lauderdale, Charles L. Jaffee FL Steven Craig Lawrence Fayetteville, NC Thomas Alan Pittman

Susan Kay Lefler Austin, TX John J. Greene James M. Lemonedes New York, NY Christophil B. Costas 482 TUESDAY. FEBRUARY 19. 1991

Applicant City and State Movant

Mary H. Lesser Wallingford, CT Julia DiCocco Dewey Barbara S. Levenson Miami, FL Michael Tarre Deborah Horowitz Wolff Philadelphia, PA Arlin M. Adams Levy Turna Ruth Lewis Washington, DC Kate Abbott Martin

Victor I. Lewkow New York, NY Edwin B. Mishkin Peter M. Lieb Brooklyn, NY Richard Morton Lieb Kenneth M. Litvin Wrentham, MA Jacob Frank Kathleen M. Lucas San Francisco, CA Ronald L. Pleser Michael J. Luke Springfield, IL Charles R. Schmadeke William Maury Lyon Jr. Mobile, AL Theodore B. Olson Bianca D. Mackey Hartford, CT Donald R. Holtman Michael Maher Orlando, FL Thomas H. Henderson, Jr.

Heinz J. Mahler Salt Lake City, D. Gary Christian UT Albert Rosebury Dade City, FL Marc H. Salton Mander III John Francis Manning Los Angeles, CA Honorable Antonin Scalia, Associate Justice of the Supreme Court of the United States Michael K. Marran Warwick, RI Julius C. Michaelson Earl Franklin Martin Jr. Hartford, KY James Monroe Miller Craig A. Marvinney Cleveland, OH Gary Howard Goldwasser Peter Kent Matt Washington, DC Sandra Jeanne Strebel TUESDAY. FEBRUARY IS. 1991 483

Applicant City and State Movant

Rocco E. Mazzei Clarksburg, WV Thomas Roy iviicnaei James E. McCabe Williamsport, IN Robert Eugene Poynter Donald William Salem, OH Robert L. Pettit McClellan Jr. Stephan Land McDavid Jackson, MS John Land McDavid Andrew Patrick Concord, NH Meldrim McEvoy Jr. Thomson, Jr. Carl Mcintosh Columbia, SC Steven Walker Hamm Thomas J. McLeod St. Paul, MN Dwight D. Opperman Luis A. Merren Jr. Dallas, TX Emmett Colvin, Jr. James A. Merritt Jr. Columbia, SC Deborah R.J. Shupe David Richard Michelson Duluth, MN David John Koskinen Elizabeth Milgram Silver Spring, MD Peggy Halpern Mitchel Jonathan Butler Mills Stamford, CT Thomas P. Skidd, Jr. Thomas Minkin Baltimore, MD David Lawrence Palmer Roger W. Moister Jr. Atlanta, GA Charles Clifford Pritchard Charles Guy Monnett III Charlotte, NC Eben Turner Rawls, III Linda K. Monroe Madison, WI T. Christopher Kelly Saul P. Morgenstern New York, NY Eric J. Lobenfeld Jefferson W. Morrow Jacksonville, FL Wm. J. Sheppard Roman P. Mosqueda Los Angeles, CA John David Holland John G. Moyer Jr. Tulsa, OK J. Douglas Mann George Hamilton Moyer Jr. Madison, WI Herbert J. Friedman 484 TUESDAY. FEBRUARY 19; 1991

Applicant Citv and State Movant

Harold David Hurry Jr. Washington. DC Clark M. Clifford Michael A. Nelson Spokane, WA Richard C. Robinson Richard E. Nelson Sarasota, FL James D. Keeney James Michael Novak Pittsburgh, PA Ralph Lynch, Jr. Thomas J. Nuttall Braintree, MA Paul F. Keeney David C. Nutter Atlanta, GA Frank Cater Jones Debby Thetford Nye Little Rock, AR Carolyn Parham Young Michael J. O'Shaughnessy Birmingham, MI William A. Hayes Thomas J. Owen San Francisco, CA Burk E. Delventhal William John Owen II Columbus, OH William Bennett Shimp, Jr. Bernard Philip Paige Birmingham, MI William A. Hayes Theresa Wegman Parrish Albuquerque, NM Jonathan W. Hewes Janice M. Paulus Dayton, OH Merle F. Wilberding Debra L. Perschbacher Walnut Creek, CA M. Kirby C. Wilcox Jon A. Pfeiffer Malibu, CA Robert Meredith Lucy Mark John Picazio Clifton, NJ Julia Louise McClure Anthony Edwin Pletcher Corpus Christi, Michael Y. TX Saunders George McCorkell Plews Indianapolis, IN John R. Schaibley, III Allen M. Posey Jr. Baton Rouge, LA Dorsey C. Martin, * III

Leonard J. Pranschke St. Louis, MO Philip Earl Draheim James R. Provencher Orlando, FL Mel R. Martinez Judy Lynn Przyborski Houston, TX John F. Nichols Charles Kipps Purcell Albuquerque, NM Bruce Hall Lawrence E. Ray Saint Robert, MO Vincent C. Immel William V. Redmann New Orleans, LA Robert E. Redmann TUESDAY. FEBRUARY 19. 1991 485

Applicant City and State Movant

Richard J. Regan Boston, MA Ronald A. Martignetti Ronald Eugene Richardson Baltimore, MD Robert Bruce McElhone Rick Lloyd Richmond Denver, CO Frederick M. Rowe Lawrie Falck Rollison Woodbridge, VA Rossie David Alston, Jr. Gregg M. Rosenberg Houston, TX David M. Feldman Melissa T. Rosse New York, NY Edward N. Costikyan Matthew Kurt Rossman Portland, OR Stephen Richard Frank Thomas F. Rugg Beaumont, TX Emily Rhine Riney B. Salmon II Phoenix, AZ John Birney Weldon, Jr. John Byron Sandage Washington, DC Frank M. Johnson, Jr. Michael Wilson Sandwisch Port Clinton, OH Paul C. Moon Richard Alan Sarner Stamford, CT Richard Anthony Silver Margot B. Schonholtz New York, NY Henry Lewis Goodman Andrew G. Schultz Albuquerque, NM Bruce Hall Anthony James Scremin Miami, FL Alan E. Weinstein Robert M. Sedgwick New York, NY John A. Wiener Thomas enry Seymour Boston, MA Phyllis Goldfarb Lewis R. Shafer New York, NY Abraham M. Buchman Robert Jay Shapiro Dallas, TX Joseph F. Canterbury, Jr. Daniel William Sherrick Detroit, MI Marsha Siegel Berzon James F. Shuey New Orleans, LA George A. Frilot, III Miriam L. Siefer Detroit, MI Paul David Borman Paul J. Siegel Jericho, NY Roger Samuel Kaplan 486 TUESDAY. FEBRUARY 19. 1991

Applicant City and State Movant

Donna Silver Lo^ Ano*eles CA Mitchell Edward Abbott Keating Lewis Simons III Charleston, SC Michael Ravmnnd Deddish, Jr. Randy M. Smith St. Louis, MO Jeffress B. Hailand Scott Elliot Smith Columbus, OH Charles C. Postlewaite William Lafayette Smith J] Denton, TX L. Royce Coleman Douglas A. Smoot Charleston, WV John L. McClaugherty Susan Leigh Snyder Albuquerque, NM Bruce Hall William Sosnay Milwaukee, WI William J Mulligan

Chester C. Stetfelt Jr. New Orleans LAX AJL« Remv1 V V/lil V XFransenJL CL 1 iO\_ll, Jr. Peter Sullivan Los Angeles, CA Norman Bradley Barker

Veronica Powell Surrell Tulsa OK CharlesV. 11C11 1V_0 AVU1Ralnhk/11 Hogshead Ellen Lottie Victoria Lawrence ville Glvndon C Pruitt Sweeny GA Julie Anne Sweitzer Minneapolis, MN William Patrick Donohue

Thomas Wilson Taylor Houston1 J.UUOLU11, TXJL J. A. Joe DeLav Tavlor Jay Teitelbaum New York NY Henrv Lewis Goodman Daniel James Thomasch New York, NY John Peter Coll, Jr. Myles Lloyd Tobin Chicago, IL Stuart F. Gassner

Rodney Alan Tucker LosJL-J \J O i.Angeleslilt VlvO ^ CAV_/ J. A. ZJJohnVXli i JL-/B • FuravJL Ui. U V Louise E. Tudzarov Roca Raton FL Sax Sholom Joseph Twersky New York, NY Peter Alan Wpinstein Joseph Anthony Rosemead, CA Norman G. Kuch Vallecorsa Jr. Jack Allen Van Kiev Columbus, OH Joel Sanford Taylor TUESDAY, FEBRUARY 19. 1991 487

Applicant V^IlV dllU oldltr IVIov&nt

Claretta Jane Varner Detroit, MI Jill Leslie Price Stephen Ross Verbit Fort Lauderdale, Thomas R. Bolf FL Maria Victoria Alano Las Vegas, NV Thomas Leo Leen Villegas Tracy Webb Pasadena, CA Raymond Stanley Ilgunas William E. Weinberger Los Angeles, CA Steven B. Stevens N. Harvey Weitz Savannah, GA Ronald E. Ginsberg Latriealle Wheat Angola, IN Allen N. Wheat Randall Benton Wilhite Houston,TX George Tomas Rhodus Ralph Marshall Winn Greenville, SC Augustine T. Smythe, Jr. David G. Wirtes Jr. Birmingham, AL Andrew T. Citrin Hap Y. Wong Portland, OR Robert W. Reid John Lawrence Wren Chicago, IL Richard E. Girard Joanne Wheeler Young Washington, DC Jack Panky Jefferies Delilah Christine Tulsa, OK Charles Ralph Zarate-Gentges Hogshead Kevin Bruce Zeese Washington, DC John Kenneth Zwerling Menachem 0. Zelmanovitz New York, NY Henry Lewis Goodman

The Chief Justice said:

"I am authorized to announce the retirement of the Clerk of the

Court, Mr. Joseph F. Spaniol, Jr., as of February 1, 1991. I speak for all of the members of the Court, the staff of the Court and for the Bar of the Court in thanking Mr. Spaniol for his dedicated serv- ice to the Court and in wishing him happiness and good health in the years ahead. Today's Order List includes the announcement of the appointment of William K. Suter as Clerk of the Court, effective

February 1, 1991, to succeed Mr. Spaniol."

Opinions

No. 87-6796. James A. Ford, Petitioner v. Georgia. On writ of cer- tiorari to the Supreme Court of Georgia. Judgment reversed and case 488 TUESDAY. FEBRUARY 19. 1991 remanded to the Supreme Court for further proceedings not incon- sistent with the opinion of this Court. Opinion by Justice Souter.

No. 89-1106. Trinova Corporation, Petitioner v. Michigan Depart- ment of Treasury. On writ of certiorari to the Supreme Court of Michi- gan. Judgment affirmed. Opinion by Justice Kennedy. Opinion by Jus- tice Scalia concurring in the judgment. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins. Justice Souter took no part in the consideration or decision of this case.

No. 89-7370. Moshe Gozlon-Peretz, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Kennedy.

No. 89-1474. McDermott International, Inc., Petitioner v. Jon C. Wilander. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice O'Connor.

Admissions to the Bar on Oral Motion

Applicant City and State Movant

Gregg A. Cooke Dallas, Texas Francis John Lorson Henry Rust Boomer, III American Falls, Lynn Evan ID Thomas Shelley Renee Grant Washington, DC Richard Stephen Kraut Oral Arguments

No. 90-96. Frederick A. Siegert, Petitioner v. H. Melvyn Gilley. Argued by Ms. Nina Kraut for the petitioner and by Mr. Michael R. Lazerwitz for the respondent.

No. 90-333. Lampf Pleva Lipkind Prupis & Petigrow, Petitioner v. John Gilbertson, et al. Argued by Mr. Theodore B. Olson for the peti- tioner and by Mr. F. Gordon Allen, III, for the respondents.

No. 88-7247. Bryan Stuart Lankford, Petitioner v. Idaho. Ar- gued by Ms. Joan Marie Fisher for the petitioner and by Mr. Larry EchoHawk for the respondent. No. 89-1782. David Hoffman, Commissioner, Department of Com- munity and Regional Affairs of Alaska, Petitioner v. Native Village of Noatak and Circle Village. Argued by Mr. Rex E. Lee for the peti- tioner and by Mr. Lawrence A. Aschenbrenner for the respondents.

Adjourned until tomorrow at 10 o'clock. x TUESDAY. FEBRUARY 19. 1991 489 Certiorari Granted

No. 90-5721. Pervis Tyrone Payne, Petitioner v. Tennessee. The order entered February 15, 1991, is amended as follows:

The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari to the Supreme Court of Tennessee, Western Division, is granted limited to Question 2 pre- sented by the petition. In addition to the Question 2 presented by the petition, the parties are requested to brief and argue whether Booth v.

Maryland, 482 U. S. 496 (1987), and South Carolina v. Gathers, 490

U. S. 805 (1989), should be overruled. The petitioner's opening brief is to be served and filed with the Clerk on or before March 18, 1991. Re- spondent's brief is to be served and filed with the Clerk on or before

April 8, 1991. The case is set for oral argument during the April ses- sion. Justice Stevens, with whom Justice Marshall and Justice Black- mun join, dissenting: In my opinion, the Court's decision to expedite the consideration of this case and to ask the parties to address whether we should overrule Booth v. Maryland, 482 U. S. 496 (1987) and South

Carolina v. Gathers, 490 U. S. 805 (1989), a question presented neither in the petition for certiorari nor in the response, is both unwise and unnecessary. Cf. Patterson v. McLean Credit Union, 485 U. S. 617, 622-623 (1988) (Stevens, J., dissenting). Moreover, the Court's decision to review the alleged Booth error in this case would be inappropriate in any event because the decision below rested alternatively on the ground that any Booth violation that might have occurred was harmless beyond a reasonable doubt. See State v. Payne, 791 S. W. 2d 10, 19

(Tenn. 1990). Accordingly, I respectfully dissent.

(JOURNAL) WEDNESDAY. FEBRUARY 20. 1991 491 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1330. International Organization of Masters, Mates & Pilots, et al. , Petitioners v. Timothy A. Brown. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment af- firmed. Opinion by Justice Stevens. No. 89-1332. Gene McNary, Commissioner of Immigration and Nat- uralization, et al., Petitioners v. Haitian Refugee Center, Inc., et al. On wTit of certiorari to the United States Court of Appeals for the Elev- enth Circuit. Judgment affirmed. Opinion by Justice Stevens. Justice

White joins in Parts I, II, III, and IV. Dissenting opinion by the Chief Justice with whom Justice Scalia joins.

No. 89-1555. Mark E. Dennis, Petitioner v. Margaret L. Higgins,

Director, Nebraska Department of Motor Vehicles, et al. On writ of certiorari to the Supreme Court of Nebraska. Judgment reversed and case remanded to the Supreme Court for further proceedings not incon- sistent with the opinion of this Court. Opinion by Justice White. Dis- senting opinion by Justice Kennedy with whom the Chief Justice joins.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Diana J. Gilpatrick Washington, DC Richard Paul Theis Oral Arguments

No. 89-1714. Harriet Pauley, Survivor of John C. Pauley, Petitioner v. BethEnergy Mines, Inc., et al.;

No. 90-113. Clinchfield Coal Company, Petitioner v. Director, Of- fice of Workers' Compensation Programs, United States Department of Labor, et al.; and

No. 90-114. Consolidation Coal Company, Petitioner v. Director, Of- fice of Workers' Compensation Programs, United States Department of Labor, et al. Argued by Mr. Mark E. Solomons for BethEnergy 492 WEDNESDAY. FEBRUARY 20. 1991

Mines, et aL, by Mr. Christopher J. Wright for the Director, Office of Workers' Compensation Programs, United States Department of

Labor, and by Mr. Julian N. Henriques, Jr., for Harriet Pauley, et al.

No. 90-5193. Dawud Majid Mu'Min, Petitioner v. Virginia. Argued by Mr. John H. Blume for the petitioner and by Mr. John H. McLees, Jr., for the respondent.

Adjourned until Monday, February 25, 1991 at 10 o'clock. x (JOURNAL) MONDAY. FEBRUARY 25. 1991 493 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Blackmun. Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari — Summary Disposition

No. 89-1018. Ayuda, Inc., et al., Petitioners v. Richard Thornburgh, Attorney General of the United States, et al. On petition for writ of cer- tiorari to the United States Court of Appeals for the District of Colum- bia Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Ap- peals for the District of Columbia Circuit for further consideration in light of McNary v. Haitian Refugee Center, Inc., 498 U. S. (1991).

No. 90-602. Paul Yoash, et al.. Petitioners v. McLean Contracting Company, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petition for writ of certio- rari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of MeDennott International, Inc. v. Wilander, 498 U. S. (1991).

Orders in Pending Cases

No. D-922. In the Matter of Disbarment of Ralph Weiss. Disbarment order entered. No. D-927. In the Matter of Disbarment of Michael Isaacson. Disbar- ment order entered. No. D-928. In the Matter of Disbarment of Michael Jennings Ready. Disbarment order entered.

No. D-946. In the Matter of Disbarment of Donald J. Richardson, Jr. Disbarment order entered.

No. D-969. In the Matter of Disbarment of Joseph J. Finkelstein. It is ordered that Joseph J. Finkelstein, of Miami, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 494 MONDAY. FEBRUARY 25. 1991

No. D-970. In the Matter of Disbarment of David B. Maxwell. It is ordered that David B. Maxwell, of Stafford, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-971. In the Matter of Disbarment of Elaine Roemisch Crane. It is ordered that Elaine Roemisch Crane, of Willoughby Hills, Ohio, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. The motion of Oklahoma for divided argument on behalf of plaintiffs is granted. The motion of New Mexico that oral argument be set for the March Calendar rather than the April Calendar is denied.

No. 90-50. Ellis P. Gregory, Jr. and Anthony P. Nugent, Jr.,

Judges, Petitioners v. John D. Ashcroft, Governor of the State of Mis- souri. The motion of Missouri Bar for leave to file a brief as amicus curiae is granted.

No. 90-615. Rafael Peretz, Petitioner v. United States. The motion of petitioner for leave to proceed further herein in forma pauperis is granted.

No. 90-992. Nevada, et al., Petitioners v. James D. Watkins, Secre- tary of Energy, et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied.

Certiorari Granted

No. 90-681. Barbara Hafer, Petitioner v. James C. Melo, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 90-857. Marc Gilbert Doggett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 90-985. Jayne Bray, et al., Petitioners v. Alexandria Women's

Health Clinic, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 90-584. Southwest Marine, Inc., Petitioner v. Byron Gizoni. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question 3 presented by the petition. MONDAY. FEBRUARY 2.".. 1991 495

No. 90-1074. Wayne Estelle, Warden, Petitioner v. Mark Owen McGuire. The motion of respondent for leave to proceed in forma pau- peris is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

Certiorari Denied

No. 90-703. Martin Mitchell Stevens, Petitioner v. Oregon, et al. Pe- tition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-787. F. L. Fair, Petitioner v. Federal Deposit Insurance Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-845. Errol MacDonald, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-854. Donald J. Diesen, Petitioner v. John Hessburg, Thomas Daly and Duluth News-Tribune; and No. 90-1079. John Hessburg, Thomas Daly and Duluth News Tri- bune, Petitioners v. Donald J. Diesen. Petitions for writs of certiorari to the Supreme Court of Minnesota denied.

No. 90-862. Robert M. Wainwright, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-866. Stanley Kasal, et al., Petitioners v. Federal Deposit In- surance Corporation, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-875. Carnival Cruise Lines, Inc., Petitioner v. Balbino Jime- nez Garay; and

No. 90-1070. Balbino Jimenez Garay, Petitioner i». Carnival Cruise Lines, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-885. Kuldip Singh Mundi, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-887. Gaetana R. Ketchel, et al., Petitioners v. Bainbridge

Township, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-907. Gaetano Vastola and Elias Saka, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 496 MONDAY. FEBRUARY 25. 1991

No. 90-917. Kathleen A. Laughlin, Trustee, Petitioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-947. Elling 0. Eide, Petitioner v. Sarasota County, Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-962. Alamo Rent-A-Car. Inc., Petitioner v. Sarasota-Manatee Airport Authority. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-991. Railway Labor Executives' Association, et al.. Petition- ers v. Chicago & North Western Transportation Company, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-997. Steven K. Orsburn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1000. Joseph E. Landa, II, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1040. Juan Antonio Pena and Noe Santana, Petitioners v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 90-1041. Gilbert DiLucia, et al., Petitioners v. Town Board of Town of West ford. New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial De- partment, denied.

No. 90-1042. Captain Groves, et al.. Petitioners v. Gilbert Hostler. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1045. Capitol News Agency Co., Inc., et al., Petitioners v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-1047. National Amusements, Inc.. Petitioner v. City of

Springdale, Ohio, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-1065. Randall Ream, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied.

No. 90-1067. James A. Pavela, Petitioner i\ Florence M. Malone, In- dependent Executor of the Estate of Martin J. Malone. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. MONDAY. FEBRUARY 25. 1991 497

No. 90-1077. Michelle Stephenson, Petitioner v. DeKalb County, In- diana Department of Public Welfare. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied.

No. 90-1084. Joseph A. Mayercheck, Petitioner v. Supreme Court of Pennsylvania, Western District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1095. Frances A. Armstrong, et al.. Petitioners v. Marathon Oil Company. Petition for writ of certiorari to the Court of Appeals of Ohio, Hancock County, denied.

No. 90-1113. Henry Anderson, Petitioner v. Chrysler Motors Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1125. Allen Dunlap, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 90-1175. Mohamed Abdorabehe, et al.. Petitioners v. Michigan

Department of Commerce, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-1178. Johnny Oyola, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1190. Anthony Vaughan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-5806. Alvin Parker, Petitioner v. Michael D. Parsons, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6018. Ronald L. Davis, Petitioner v. Neil Rone, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6128. Jerry Lee Word, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6130. Kevin Rankin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6190. Harold Henderson, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 498 MONDAY. FEBRUARY 25. 1991

Xo. 90-6219. Sean Brown, Petitioner v. Maine Department of Inland Fisheries and Wildlife. Petition for writ of certiorari to the Supreme Ju- dicial Court of Maine denied.

Xo. 90-6238. Jeffrey A. Toffler. Petitioner i\ United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

Xo. 90-6244. Robert C. Lamb. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Xo. 90-6363. Dana Anthony Louis, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

Xo. 90-6405. Ralph R. Ross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Xo. 90-6429. David Romo, Ann Romo and Juanita Romo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Xo. 90-6464. Orlando Martinez, Petitioner r. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Xo. 90-6474. Thomas Lindley Roberts. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Xo. 90-6475. Anthony Frank San Filippo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Xo. 90-6487. Herman Posey, Petitioner v. United States Army. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Xo. 90-6509. Robert L. Rhodes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Xo. 90-6530. J. Muina, Petitioner v. El Guajiro Gang, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

Xo. 90-6533. Lonnie Gene Partout, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY. FEBRUARY 25. 1991 499

No. 90-6563. Godwin Nonyelum Chinagorom, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6584. Paul J. Fletcher, Petitioner v. Fred B. Ugast, Chief Judge, Superior Court of the District of Columbia. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-6680. Robert Leo Oswald, Petitioner v. Michigan Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6689. Robert Leo Oswald, Petitioner v. Thomas Taylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6695. William Tyree, Petitoiner v. George Vose, Commis- sioner, Massachusetts Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6701. Keith Upshaw, Petitioner v. Terry D. Morris, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6703. Christopher P., etc., et al.. Petitioners v. Mark J. Mar- cus, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6706. James Carey, Petitioner v. George Petsock, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6715. John Laskaris, Petitioner v. Elliot J. Segel, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6717. Robert A. Gallagher, Petitioner v. Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6731. Randy Steven Kraft, Petitioner v. Brad Gates, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6735. John Robert Demos, Jr., Petitioner v. United States District Court for the Eastern District of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 500 MONDAY. FEBRUARY 25. 1991

No. 90-6744. Roberta J. Maida, Petitioner v. Massachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6746. Tony Harold Reed, Petitioner v. Kenneth Yarbrough, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6747. Zebulin Vance Robbins, Petitioner v. Washington. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi- sion 2, denied.

No. 90-6777. John F. Gard, Petitioner v. Chairman, National Credit Union Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6794. Robert Eder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6797. Edwin Thompson, Petitioner v. Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6801. Olakunle 'Lanre Arigbede, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6805. Harmon G. Amsler, Petitioner v. Smith-Lustig Paper Box Mfg. Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6809. Gustavo Otero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6810. Michael A. Kennedy, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6823. Maria de Frasica-Valencia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6827. Reinel Naboyen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6831. Dennis Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. FEBRUARY 25. 1991 501

No. 90-6843. James Franklin Ray, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6845. Lovella Gean Spaulding, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6846. Juan Miguel Gonzalez Castellanos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6851. Morris Allen Pritchett, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6853. Tommy Lee Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6854. Feliciano Sanchez-Melchor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6856. Luis Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6858. Frank O. Castaneda, Petitioner v. Gary L. Henman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6862. Jimmy Cal Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6864. Harry Walker Hayes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6869. Srikarn Srisookko, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6870. Paul Benjamin Davies, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6871. Ikechuku O. Agomo, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 502 MONDAY. FEBRUARY 25. 1991

No. 90-6872. Luis Tamayo-Cariballo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6879. Helmut W. Schlosser, Petitioner v. Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6881. Herbert Alwyn Smith and Joseph Shea Peeples, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6884. Wallace Clemons, Petitioner v. Patrick Arvonio. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6885. Bernardo Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6889. Darryl McClain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6892. Joseph Lee Keffeler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 90-6894. Robert Larry Mayes and Dallas Earl Scott, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6897. Ronald Giongo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6903. Chester Sargent, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6905. Aucencion Quintero-Ruiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6910. David Earl Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6911. Luciano Nunez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. FEBRUARY 25. 1991 503

No. 90-6915. Gumildo Ceballos Carranza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6923. Herald N. Frank, aka Harold N. Frank, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6928. Scott Davidson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6932. Lois E. Vetterneck, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied.

No. 90-6941. James C. Wright, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 87-7065. Dimple Podborny, Petitioner v. Ohio. The motion to substitute party in place of petitioner, deceased, is denied. It appearing that petitioner died October 15, 1990, the petition for a writ of certio- rari is dismissed.

No. 90-383. Sam Whitfield, Jr., et al., Petitioners v. Bill Clinton,

Governor of Arkansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Black- mun would grant certiorari.

No. 90-792. Leslie Salt Co., et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 90-873. Paul F. Born, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Justice White would grant certiorari.

No. 90-955. Almont Shipping Company, Inc., Petitioner v. Peter

Browne Ruffin, et al. The motion of Preston Trucking Company for leave to file a brief as amicus curiae is granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1089. Donald Bryant, et al., Petitioners v. Winn Dixie Stores,

Inc., et al. The motion of petitioners to correct error in petition is granted. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied.

No. 90-5672. Rick Dean Bressman, et al., Petitioners v. Hal Farrier, et al. Petition for writ of certiorari to the United States Court of 504 MONDAY. FEBRUARY 25. 1991

Appeals for the Eighth Circuit denied. Dissenting opinion by Justice White with whom Justice O'Connor joins.

No. 90-5854. Robert H. Young, Petitioner v. Phyllis Kenny, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice White with whom Justice O'Connor joins.

No. 90-6259. Clarence Victor, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dissenting statement by Justice Marshall.

No. 90-6578. Theodore Washington, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Marshall.

No. 90-6639. Timothy Charles Davis, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissent- ing statement by Justice Marshall.

No. 90-6640. Richard Caldwell, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. Dissenting statement by Justice Marshall.

No. 90-6682. Walter Thomas, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting state- ment by Justice Marshall.

No. 90-6711. Lawrence Alfred Landrum, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Marshall.

No. 90-6739. Doyle J. Williams, Petitioner v. Bill Armontrout, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-6795. Mary Lee Orsini, Petitioner v. Virginia Wallace, War- den. The motion of petitioner for leave to amend the petition for writ of certiorari is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Habeas Corpus Denied

No. 90-7020. In Re Carlos Connolly, Petitioner. The petition for writ of habeas corpus is denied. Mandamus Denied

No. 90-6469. In Re Melvin Anderson, Petitioner; No. 90-6490. In Re Henk Visser, Petitioner; MONDAY. FEBRUARY 25. 1991 505

No. 90-6627. In Re Henk Visser, Petitioner; and No. 90-6690. In Re Robert Wightman, Petitioner. The petitions for writs of mandamus are denied.

Rehearings Denied

No. 90-271. Joseph N. Aquilina, Petitioner v. Immigration and Natu- ralization Service;

No. 90-472. National Fabricators, Inc., Petitioners National Labor Relations Board;

No. 90-569. NAACP, Detroit Branch, et ah, Petitioners v. Detroit

Police Officers Association, et al.;

No. 90-5886. John D. Crouch, Petitioner v. American National Bank, et al.;

No. 90-6024. Cecil R. Vaughan, Petitioner v. Rock Church, Incorporated;

No. 90-6044. Norman Darrell Baxter, Petitioner v. Ralph Kemp, Warden;

No. 90-6173. Francis N. Bienville, Petitioner v. United States; and No. 90-6608. In Re James W. Bright, Petitioner. The petitions for rehearing are denied.

No. 90-5278. Mary Louise Gordon, Petitioner v. Art Agnos, et al. The petition for rehearing is denied. Justice Souter took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Monday, March 4, 1991 until Mon- day, March 18, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

William Joseph Arland III Albuquerque, NM Emily Anne Franke Timothy Claire Bakken New York, NY Gregory Paul Crinion Ollie L. Blan Jr. Birmingham, AL Charles D. Stewart Bruce H. Bokony Little Rock, AR Walton J. McLeod, III —

506 MONDAY. FEBRUARY 25. 1991

Applicant City and State Movant

XJRarrvCA X X V xAlanliCUl Bostrom-1 ' WOL-X Will TerreX V, X X V. HauteXXClUlv < INX i > .TamP'N "Rnnn .Tv

Stacy Lee Brainin Dallas, TX BarrvX-/CCX X > XXFrankCillXV McNeil Robert C. Brown Columbia, SC Jack Bruce Swerling Elizabeth Meador Bruman Houston, TX Louis B. Bruman Forrest W. Burt Burton, OH Dale Howard Markowitz Marcus J. Busch Dallas, TX Henry W ade Francis L. Colpovs Jr. Braintree, MA Richard N. Sullivan John C. Cozad Kansas City, MO William Dennis Cross Ian Crawford Boston, MA James D. St. Clair

Barry Lvnn Creech Washington, DC BurlevXJ LAX XV- > BavnardXJ CA > X1CAX VI Mitchell Jr.

1 r DJ—' • DavidJ—' CA > Ivl \SDietrichIV 11 1 \_ 1 SanCA 1 1 Diep"oX— 1 V, \J , CAV_ X X ThomasX 11V111UC Gene\_l Vllv Gilmore Marshall Donat New York, NY Walter Kennedv Donat

JohnV Willi TX DrostX-/ X UOl PhiladelDhiaX 1 1 1 X C». V I V 1 1 J 1 1 1 CI < PAX XX Judp*e Robert S Gawthrop, II Anita Eisenstadt Washington, DC Martin A. Eisenstadt

EdwardJ * VI VV Ul V* TJ. • UlllOElli^ Philadelphia, PA Ralph W. Brenner

DonaldX-/ \J 1 iCAl Vl Scottk_J vULL FairX CAXX Uoland CA WilliamTT XXXXGAA11 JfJ McVittie

y vjiiii ivL y i i v/xvxo x v/ x v i Red Bank NJ 1TX1V.11UV1Michael D • Schottland Thomas E. Fotopulos Tampa, FL Dewey R. Villareal, Jr. John Frederick Garland Fresno, CA John E. Loomis John H. Gibbon Cleveland, OH Henrv Blanchard Fischer Roger L. Glandon Abilene, TX Frank Dallas Scarborough

J. Kirk Griggs II Lexington, KY Timothy Thornton Riddell MONDAY. FEBRUARY 25. 1991 507

Applicant City and State Movant

Rose Mary Ham Tulsa, OK Henry German Will James Hely Westfield, NJ Jac B. Weiseman Donald Lee Kahl Tulsa, OK Thomas Fuller Golden Mark A. Kaiser Painesville, OH Ralph C. Buss John Roger Mann Denver, CO Thomas Buchan Kelley Robert Lucien Marrero Gretna, LA Samuel Sevier Dalton William J. McKenney Atlanta, GA Jerome Joseph Froelich, Jr. Robert E. Mensel Highland Park, Lawrence Neil NJ Lavigne Andrew Moulinos New York, NY Nicholas D. Yuelys Ronald Wayne Novotny Los Angeles, CA Stuart H. Young, Jr. Robert Henry Oberbillig Phoenix, AZ John Jacob Bouma William Henry Parish Stockon, CA Dennis Donald Geiger Robert Joseph Perez El Paso, TX William Robert Maynard Lisa L. Peterson Sweetwater, TX Peter F. Sheridan Gary P. Reynolds Sacramento, CA Melvin K. Dayley Donald S. Rothschild Oak Park, IL Elmer Gertz Henry Brian Sams Atlanta, GA John Walton Henderson, Jr. Howard Lyle Schwartz Sacramento, CA Melvin K. Dayley Elliot Jay Segel Erie, PA John Paul Garhart Randolph J. Seiler Mobridge, SD Newell E. Krause Arvind N. Shankar Los Angeles, CA Jonathan Thomas Zackey Randall Lawrence Sidlosca Miami, FL H. Scott Hecker Jonathan Lee Snare Dallas, TX Jack Pew, Jr. Charles Andrew Stewart Montgomery, AL Harry Cole III E. Alan Uebler Newark, DE Albert John Santorelli 508 MONDAY. FEBRUARY 25. 1991

Applicant City and State Movant

Edwin Edgar Voigt II Minneapolis, MN Horace Dale Palmatier Laure A. Wagner Cleveland Henry Blanchard Heights, 0 Fischer Brian W. Welch Indianapolis, IN William F. Welch Edd D. Wheeler Tucker, GA George Pinckney Shingler Jeffrey Moore Williams Doylestown, PA Mayo Lewis Mashburn Michael W. Willis Whiteville, NC William Lewis Sauls Paul Reinherz Quitman Washington, DC Alan B. Morrison Wolfson Admissions to the Bar on Oral Motions

Applicant City and State Movant

Curtis Dean Woo Horn Washington, DC Slade Gorton Eric Jay Spitler Atlanta, GA George W. Darden Robert Philip Moncreiff Boston, MA David L. Shapiro Mary Miller Cracraft Washington, DC Norton Jay Come Robert E. Kali Chicago, IL Arthur Sherman Kallow Davis Purcell Fort Worth, TX Graham B. Purcell, Jr. Kirk Boynton Purcell Houston, TX Graham B. Purcell, Jr. Jeffrey Alan Shadwick Houston, TX Graham B. Purcell, Jr. Jay Thomas Shadwick Kansas City, MO Graham B. Purcell, Jr. Gerald Shadwick Greeley, CO Graham B. Purcell, Jr.

Oral Arguments

No. 90-97. American Hospital Association, Petitioner v. National Labor Relations Board, et al. Argued by Mr. James D. Holzhauer for the petitioner and by Mr. David L. Shapiro for the respondents. MONDAY. FEBRUARY 25. 1991 509

No. 89-7645. Dionisio Hernandez, Petitioner v. New York. Argued by Mr. Kenneth Kimerling for the petitioner and by Mr. Jay M. Cohen for the respondent.

No. 89-7662. Roger Keith Coleman, Petitioner v. Charles E. Thomp- son, Warden. Argued by Mr. John H. Hall for the petitioner and by Mr. Donald R. Curry for the respondent.

No. 90-79. Richard B. Kay, Petitioner v. Bremer Ehrler and Ken- tucky Board of Elections. Argued by Mr. Timothy B. Dyk for the peti- tioner, by Ms. Ann M. Sheadel for the respondents and by Mr. Robert A. Long, Jr., for the United States as amicus curiae, in support of respondents, by special leave of Court.

Adjourned until tomorrow at 10 o'clock.

Certiorari Denied

No. 90-7187. Lawrence Lee Buxton, Petitioner v. Texas. The appli- cation for stay of execution of sentence of death presented to Justice

Scalia and by him referred to the Court is denied. The petition for writ of certiorari to the Texas Court of Criminal Appeals is denied. Dissent- ing statement by Justice Marshall.

No. 90-7203. Lawrence Lee Buxton, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. The application for stay of execution of sentence of death presented to

Justice Scalia and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Justice Blackmun and Justice Stevens would grant the application for stay of execution. Dissenting statement by Justice Marshall.

(JOURNAL) TUESDAY. FEBRUARY 26. 1991 511 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1500. Business Guides, Inc., Petitioner v. Chromatic Commu- nications Enterprises, Inc. and Michael Shipp. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment af- firmed. Opinion by Justice O'Connor. Dissenting opinion by Justice Kennedy with whom Justice Marshall and Justice Stevens join, and with whom Justice Scalia joins as to Parts I, III, and IV.

No. 89-1322. Oklahoma Tax Commission, Petitioner v. Citizen Band Potawatomi Indian Tribe of Oklahoma. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment af- firmed in part, reversed in part, and case remanded to the Court of Ap- peals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Concurring opinion by Justice Stevens.

No. 89-1416. Air Courier Conference of America, Petitioner v.

American Postal Workers Union, AFL-CIO, et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by the Chief Justice. Opinion by Justice Stevens concurring in the judgment with whom Justice Marshall and Justice Blackmun join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Dwight Charles Price Alexandria, VA Douglas Ross Peter Canning Zolper Wilmington, DE Daniel Joseph Dell'Orto

Oral Arguments

No. 89-1717. Florida, Petitioner v. Terrance Bostick. Argued by Ms. Joan Fowler for the petitioner, by Mr. Solicitor General Kenneth W. Starr, for the United States as amicus curiae, in support of the peti- 512 TUESDAY. FEBRUARY 26. 1991 tioner by special leave of Court, and by Mr. Donald B. Aver for the respondent.

No. 90-5319. Paul McNeil, Petitioner v. Wisconsin. Argued by Mr. Gary M. Luck for the petitioner, by Mr. David J. Becker for the re- spondent, and by Mr. Stephen L. Nightingale for the United States as amicus curiae, supporting the respondent, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. (JOURNAL WEDNESDAY. FEBRUARY 27. 1991 513 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Betsy Levin Boulder, CO Thomas D. Morgan Jimm Larry Hendren Bentonville, AR Peter C. Wylie Richard M. Bing Richmond, VA Dimitri G. Daskalopoulos

Oral Arguments

No. 90-5551. Edward Harold Schad, Jr., Petitioner v. Arizona. Ar- gued by Ms. Denise I. Young for the petitioner and by Mr. R. Wayne Ford for the respondent.

No. 90-256. G. Russell Chambers, Petitioner v. NASCO, Inc. Ar- gued by Mr. Mack E. Barham for the petitioner and by Mr. Joel I. Klein for the respondent.

Adjourned until tomorrow at 10 o'clock.

Order in Pending Case

No. 87-1821. Modjeski & Masters, Appellant v. Jan R. Carter and Leslie Carter. In light of the dismissal of the appeal pursuant to Rule 46 of the Rules of the Court, the motion of appellant to vacate the stay of execution of judgment entered May 2, 1988, is granted and the stay is hereby vacated.

(JOURNAL) THURSDAY. FEBRUARY 2>. 1991 515 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. 90-7199. Robert Madden, Petitioner v. Texas. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the disposition by this Court of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay terminates automatically. In the event the petition for a writ of certiorari is granted, this stay shall con- tinue pending the issuance of the mandate of this Court.

(JOURNAL) MONDAY. MARCH 4. 1991 517 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 89-609. Donald Puckett, et al., Petitioners v. Native Village of

Tyonek, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The petition for writ of certio- rari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 498 U.S. (1991).

No. 89-6932. Jerry Donald Mullis, Petitioner v. United States; and

John Victor Homich, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit. The motions of petitioners for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Ap- peals for the Eleventh Circuit for further consideration in light of

Gozlon-Peretz v. United States, 498 U.S. (1991).

No. 90-892. City of Seattle, Petitioner v. First Covenant Church of Seattle, Washington. On petition for writ of certiorari to the Supreme Court of Washington. The motion of National Trust for Historic Pres- ervation in the United States for leave to file a brief as amicus curiae is granted. The motion of Municipal Art Society of New York, Inc. for leave to file a brief as amicus curiae is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Washington for further consideration in light of Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. (1990).

Orders in Pending Cases

No. D-948. In the Matter of Disbarment of Howard Leslie Perlow. Disbarment order entered. 518 MONDAY. MARCH 4. 1991

No. D-952. In the Matter of Disbarment of John W. Porter, Jr. Dis- barment order entered. No. D-953. In the Matter of Disbarment of Irving Alan Kanarek. Disbarment order entered.

No. D-972. In the Matter of Disbarment of Edwin Adam Pennell. It is ordered that Edwin Adam Pennell, of Dunnellon, Florida, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-973. In the Matter of Disbarment of Neil Arthur Shanzer. It is ordered that Neil Arthur Shanzer, of Miami, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-974. In the Matter of Disbarment of Charles B. Bowers. It is ordered that Charles B. Bowers, of Columbia, South Carolina, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to showT cause why he should not be disbarred from the practice of lawT in this Court.

No. D-975. In the Matter of Disbarment of Richard A. Heidecke, Jr. It is ordered that Richard A. Heidecke, Jr., of Oak Brook, Illinois, be suspended from the practice of lawT in this Court and that a rule issue, returnable within forty days, requiring him to showr cause wiry he should not be disbarred from the practice of law in this Court.

No. D-976. In the Matter of Disbarment of David Alan Hess. It is ordered that David Alan Hess, of Lubbock, Texas, be suspended from the practice of lawT in this Court and that a rule issue, returnable within forty days, requiring him to showT cause why he should not be disbarred from the practice of law7 in this Court.

No. D-977. In the Matter of Disbarment of Paul Zaharia. It is or- dered that Paul Zaharia, of Venice, California, be suspended from the practice of lawT in this Court and that a rule issue, returnable within forty days, requiring him to showT cause why he should not be disbarred from the practice of law- in this Court. No. D-978. In the Matter of Disbarment of Conine Anderson Mc-

Clure. It is ordered that Conine Anderson McClure, of Bradenton, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring her to show7 cause wT hy she should not be disbarred from the practice of law7 in this Court. MONDAY. MARCH 4. 1991 519

No. D-979. In the Matter of Disbarment of Donald Kent McShirley.

It is ordered that Donald Kent McShirley, of Sarasota, Florida, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-980. In the Matter of Disbarment of Randy Lamar Miller. It is ordered that Randy Lamar Miller, of Raleigh, North Carolina, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-981. In the Matter of Disbarment of David L. Loving, III. It is ordered that David L. Loving, III, of Dallas, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 112, Original. State of Wyoming, Plaintiff v. State of Oklahoma. The briefing schedule proposed by the Attorney General of Wyoming is adopted. Wyoming may file its brief on or before April 2, 1991. Okla- homa may file its brief on or before May 17, 1991. A reply brief may be filed on or before June 6, 1991.

No. 90-516. Jill S. Kamen, Petitioner v. Kemper Financial Services,

Inc., et al. The motion of Business Roundtable for leave to file a brief as aynicus curiae is granted. The motion of Investment Company Institute for leave to file a brief as amicus curiae is granted.

No. 90-1102. Robert E. Gibson, Petitioner v. Florida Bar, et al. The motion of Joseph W. Little for leave to file a brief as amicus curiae is denied.

No. 90-1280. Insurance Company of Pennsylvania, et al., Petitioners v. Ben Cooper, Inc. The motion of the Solicitor General to expedite con- sideration of the petition for a writ of certiorari is denied.

No. 90-6669. Gary Zink, Petitioner v. California State Board of Equalization. The motion of petitioner for leave to proceed in fonna pauperis is denied. Petitioner is allowed until March 25, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice

Marshall, dissenting: For the reasons expressed in Brown v. Herald

Co., Inc., 464 U.S. 928 (1983), I would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. 520 MONDAY. MARCH 4. 1991 Certiorari Granted

No. 90-1141. Rafeh-Rafie Ardestani, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 90-747. United States Department of State, Petitioner v. Mi- chael D. Ray, et al. Petition for writ of certiorari to the United States

Court of Appeals for the Eleventh Circuit granted limited to Question 1 presented by the petition.

No. 90-913. Board of Governors of the Federal Reserve System of the United States, Petitioner v. MCorp Financial, Inc., et al.; and

No. 90-914. MCorp, et al., Petitioners v. Board of Governors of the Federal Reserve System of the United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 90-450. Thaddeus Favian Jackson, aka Charles Edward Jackson,

Petitioner v. Texas. Petition for writ of certiorari to the Court of Ap- peals of Texas, Fourteenth District, denied.

No. 90-464. Bituminous Coal Operators' Association, Inc. Petitioner v. United Mine Workers of America, International Union, by Thomas

Rabbit, Trustee ad Litem, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-785. Stanley Simon, Petitioner v. United States;

No. 90-931. Mario Biaggi, Petitioner v. United States; and

No. 90-937. Richard Biaggi, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-803. John Doe, Petitioner v. H. Lawrence Garrett, III, Sec- retary of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-825. Richard Joseph Lynn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-853. Bank of Boulder, Petitioner v. Federal Deposit Insur- ance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. MARCH 4. 1991 521

No. 90-859. Brower's Moving & Storage, Inc., Petitioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 90-894. Reynold Leone, Administrator of the Estate of Andrea

Leone, aka Andrea Held, Deceased, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 90-899. Committee to Oppose the Sale of St. Bartholomew's

Church Incorporated, et al., Petitioners v. Rector, Wardens and Mem- bers of the Vestry of St. Bartholomew's Church, et al.; and No. 90-900. Rector, Wardens and Members of the Vestry of St. Bar- tholomew's Church, Petitioner v. City of New York, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-905. Harold Friedman and Anthony Hughes, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-909. Dial Corporation, Petitioner v. Willis Day Properties, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-911. Interstate Brands Corporation, Butternut Bread Divi- sion, Petitioner v. Chauffeurs, Teamsters, Warehousemen and Help- ers, Local Union No. 135. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-921. Linda B. Dorfmont, Petitioner v. James P. Brown, Di- rector, Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-926. Michigan, et al, Petitioners v. Interstate Commerce Commission, et al.; and

No. 90-966. Allied Delivery System, Inc., et al., Petitioners v. Inter- state Commerce Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-980. Federal Kemper Life Assurance Company, Petitioner v. Edmund J. Bodine, Jr.; and

No. 90-1114. Edmund J. Bodine, Jr., Petitioner v. Federal Kemper Life Assurance Company. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-990. West Texas Transmission, L.P., Petitioner v. Enron

Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 522 MONDAY. MARCH 4. 1991

No. 90-992. Nevada, et al., Petitioners v. James D. Watkins, Secre- tary of Energy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-998. Joseph L. Dean, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1062. Rainbow Navigation, Inc., et al., Petitioners v. Depart- ment of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1071. Barbara Buffington, Individually and as Personal Rep- resentative of the Estate of James E. Buffington, Deceased, et al., Pe- titioners v. Baltimore County, Maryland, et al.; and

No. 90-1123. Donald Gaigalas, et al.. Petitioners v. Barbara Buffing- ton, Individually and as Personal Representative of the Estate of James

E. Buffington, Deceased, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1096. Rosalind Merriweather, Petitioner v. International Business Machines. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1098. Jeffrey Scott Buswell, Petitioner v. Minnesota; and

No. 90-1099. Gary Lee Schwartzman, Petitioner v. Minnesota. Peti- tions for writs of certiorari to the Supreme Court of Minnesota denied.

No. 90-1105. Jerome H. Bradshaw, et al., Petitioners v. Pantry Pride Enterprises, Inc. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 90-1107. Michael R. McGuire, Petitioner v. Washington, et al. Petition for writ of certiorari to the Court of Appeals of Washington,

Division 2, denied.

No. 90-1109. Thomas Lynn Smith, Petitioner v. Harbor Towing &

Fleeting, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1111. Stanley Robinson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 90-1115. Correale F. Stevens, District Attorney of Luzerne

County, Pennsylvania. Petitioner v. M. Russell Buchanan. Petition for MONDAY. MARCH 4. 1991 523 writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied.

No. 90-1117. Metropolitan Dade County, Florida, et al., Petitioners v. Carrie Meek, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-1128. Gloria E. Kirby, Personal Representative of the Estate of Roy A. Kirby, Sr., Deceased, Petitioner v. OMI Corp. Petition for writ of certiorari to the District Court of Appeal of Florida, First Dis- trict, denied.

No. 90-1132. Johnny C. Cooksey, Petitioner v. Ellis H. Abrams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1133. Edward R. Wyatt, Petitioner v. Robin S. Thomas, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-1140. Hubert Garrie, Petitioner v, James L. Gray, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1144. Birendra Mohan Sharma, et al., Petitioners v. Skaarup

Ship Management Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1155. Howard A. Fromson, Petitioner v. Western Litho Plate and Supply Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1171. Community National Bank, Petitioner v. Richard W. Sherk, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1233. James M. Keohane, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-5405. David R. Brundage, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-5962. Ira Joe Carter, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied.

No. 90-6185. Gustavo Larios Cortes, Petitioner v. Anthony Belaski,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 524 MONDAY. MARCH 4. 1991

No. 90-6241. Raymond Paris, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-6252. David Gallman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-6391. Phillip Woody, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6453. David Patrick Durden, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6465. Daniel Joseph Boyer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6470. Olga Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6473. Jose Angel Reyes-Resendez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6486. Aurora M. Guiang, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-6499. Zenon Juarez Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6513. Elvoid Walker, Petitioner v. Department of the Air Force. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 90-6532. Joseph E. L. Sullivan, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6647. Wayne Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6691. Samuel Smith, Petitioner v. Curtis Scott, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. MARCH 4. 1991 525

No. 90-6692. Harold Royal, Petitioner v. Exxon Chemical U.S.A., Chemical Department. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6693. Wayne Arthur Young, Petitioner v. United States Dis- trict Court for the Eastern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6696. Peter C. Smith, Petitioner v. Joseph Petrovsky, War-

den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6697. Daries Sherrills, Petitioner v. Ann Aldrich, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6714. Edward J. Moore, Petitioner v. Department of Veter-

ans Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6720. Julian Scott Esparza, Petitioner v. S. O. Woods. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6721. Randall G. Evans, Petitioner v. Richard V. Mecum. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6724. Terry Turner, Petitioner v. Harold Falk, Director, Ha-

waii Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6728. Michael Dixon, Petitioner v. Jack R. Duckworth, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-6729. Franklin L. Miller, Petitioner v. Brian G. Saylin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6732. Ralph Lepiscopo, Petitioner r. Robert J. Tansy, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 90-6736. Thomas Earl Jones, Petitioner v. Thomas J. Ervin, et

al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6742. Arnold D. Mackey, Petitioner v. Marlene J. Mackey. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 526 MONDAY. MARCH 4. 1991

No. 90-6748. Arthur T. Davidson, Petitioner v. Herik Bendixen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6753. Donald Turnpaugh, Petitioner v. Robert Redman, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-6755. Herbert Gilbert, Petitioner v. Joseph Bodovitz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6765. Carson Lynn Brown, Petitioner v. Theodore H. Koeh- ler. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6768. Ernest L. Moye, Petitioner v. Cigna Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6774. Juan Luis Garcia, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-6781. Robert Felton, Jr., Petitioner v. Bruce N. Lynn, Secre- tary, Department of Corrections, Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6782. Harry Ray Grubb, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-6788. Arthur W. Byrd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6800. Rinee Stephen Smith, Petitioner, v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6813. Theodore M. Leonard, Petitioner v. ABC Unified

School District, et al. Petition for writ of certiorari to the Court of Ap- peal of California, Second Appellate District, denied.

No. 90-6814. Young II Kawano, aka Eiichi Sai, et al., Petitioners v. Commonwealth of the Northern Mariana Islands. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6826. Elder Samuel Chambers, Petitioner v. James Maher. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. MARCH 4. 1991 527

No. 90-6852. Ronnie Smith, Petitioner v. Margarett Bingham, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6866. Corey Keith Woodard, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6873. Emerson Clapper, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6876. John Winters, Petitioner v. First Federal Savings and Loan of Raleigh. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6895. Demetrio Zepeda Soto, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6909. James Edward Norris, Petitioner v. Federal Bureau of Investigation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6916. Preston Bryant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6921. Jeffrey Dean Becker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6937. Charles M. Kunz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6947. Pamela Scholes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6955. Terrence I. Broxton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-6956. Catarino Murillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6960. Floyd Coleman, Petitioner v. Charlie Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. 528 MONDAY. MARCH 4. 1991

No. 90-6963. Thomas C. McGirr, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6964. Diego Campo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6966. Lesester Duva McDougherty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6968. Harry Bout, Petitioner v. Michigan Department of Cor- rections. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6971. Julia Murray Rhinehart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6980. Ildefonso Reina-Herrera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6981. CarlJerome Singleton, Petitioner i'. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6985. John Jairo Aguirre, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6988. George R. "Mike" McCray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6990. Jeffrey Mullins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6998. Eugene Englebrecht, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7005. Relious Essix Glasco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7008. Melvin Wright, Petitioner v. James E. Sullivan, Super- intendent, Sing Sing Correctional Facility. Petition for writ of cert- iorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. MARCH 4. 1991 529

No. 90-7010. Lupe Montes-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7011. Roy Lee Hagood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7014. Howard Wayne Hicks, Jr., Petitioner v. Kentucky. Pe- tition for writ of certiorari to the Circuit Court of Kentucky, McCra- chen County, denied.

No. 90-7015. Brian John Olsvik, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7026. Louismeme Louis, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 90-7036. Donald Alan Welky, Petitioner v. John Prelesnik, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-7049. Anthony Samel, Petitioner v. John Jabe, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 89r-2026. Motor Vehicle Manufacturers Association of the United

States, Inc., et al., Petitioners v. Robert Abrams, Attorney General of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White and Justice Black- mun would grant certiorari.

No. 90-944. Roland M., et ux., Petitioners v. Concord School Com-

mittee, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

No. 90-1104. NAACP, Detroit Branch, et al., Petitioners v. Detroit

Police Officers Association, et al. The motion of Society of American

Law Teachers, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1121. Joan Godlove, Petitioner v. Bamberger, Foreman, Os- wald and Hahn, et al. The motion of petitioner to file corrected petition for writ of certiorari is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 530 MONDAY. MARCH 4. 1991

No. 90-6383. Patrick Bruce Gordon, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dis- senting statement by Justice Marshall.

No. 90-6540. Albert J. Clozza, Petitioner v. Edward W. Murray. Di- rector, Virginia Department of Corrections. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit de- nied. Dissenting statement by Justice Marshall.

No. 90-6628. Kirt Douglas Wainwright, Petitioner v. Arkansas. Peti- tion for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Marshall.

Mandamus Denied

No. 90-6351. In Re Frederick W. Bauer, Petitioner. The petition for writ of mandamus is denied. No. 90-6694. In Re George Sassower, Petitioner. The petition for writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 90-5701. Lawrence Arnolie, Jr., Petitioner v. Secretary of the Navy;

No. 90-5961. Leroy Pletten, Petitioner v. Merit Systems Protection

Board, et al.;

No. 90-6189. George Srubar, Petitioner v. United States;

No. 90-6205. Luke Aaron Scott, Petitioner v. California;

No. 90-6215. Juan L. Steward, Petitioner v. H. Lawrence Garrett,

III, Secretary of the Navy, et al.;

No. 90-6285. Jack Frost, Petitioner v. California, et al;

No. 90-6341. Garry David Gallardo, Petitioner v. United States;

No. 90-6359. Russell A. Muth, Jr., etc., Petitioner v. Central Bucks

School District, et al.;

No. 90-6373. Joyce E. Richards and James L. Martin, Petitioners v. Medical Center of Delaware, Inc., et al.; and

No. 90-6395. Huey Wright, Petitioner r. New York. The petitions for rehearing are denied.

No. 89-1363. United States, Petitioner v. Darlina K. France. The pe- tition for rehearing is denied. Justice Souter took no part in the consid- eration or decision of this petition. MONDAY. MARCH 4. 1991 531

Admissions to the Bar on Written Motions

Applicant City and State Movant

Dennis Aftergut San Francisco, CA Louise H. Renne Maria Graciela Alfaro- Detroit, MI Cindy M. Wilder Lopez Ronald Lance Belsome Santa Monica, CA Gary Lynn Bostwick Everett L. Bobbitt San Diego, CA James Marshall Gattey Ernest F. Ching Jr. Santa Ana, CA Neil F. Kligman Paul Suengchul Choy Millbrae, CA Douglas L. Field John A. Clifford Minneapolis, MN John Douglas Gould Gary L. Cooper Pocatello, ID Louis F. Racine, Jr. Thomas Patick Deaton Jr. Springfield, MO Margaret Elise Branyan Mark Francis Dehler Decatur, GA Abraham Philip Ordover Arthur Martin Edwards III Jackson, MS Michael Farrell John Wentworth Evans Los Angeles, CA Norman G. Kuch

Kevin Kreg Forrester Olivenhain, CA Harris I. Steinberg George Freeman New York, NY Floyd Abrams Peter Gregory Frezados Chicago, IL James A. Regas

Mark C. Goldenberg Granite City, IL J. Steven Beckett Loretta M. Griffin Chicago, IL Richard M. Johnson, Jr. Steven Wayne Grill Morristown, NJ Herbert Smith Sylvester Michael Lubomyr Syracuse, NY John B. LaParo Hanuszczak Michael T. Healy Portland, ME Howard H. Dana, Jr. Jane E. Hendry Wayne, NJ John P. Goceljak H. Clifton Hester Elizabethtown, James Earl Hill, NC Jr. Maurv Hexamer Sherman, TX Charles Edward Chatman 532 MONDAY. MARCH 4. 1991

Applicant City and State Movant

Lee J. Hutton Cleveland, OH Frank W. Buck Christopher Japp Silver Spring, MD Manuel Auerbach Pamela Susan Karlan Charlottesville, Honorable Harry YA A. Blackmun, Associate Justice of the Supreme Court of the United States James M. Kerrigan Ithaca, NY Robert W. Stolp Ian Lewis Kessler San Diego, CA Donald McGrath, II James Arthur Killen Wallingford, CT Judith Rossi Mark V. Klosterman Celina. OH J. Michael Bernstein Eric K. Koselke Indianapolis, IN Margaret E. Tuke Daniel R. Kyler Tacoma, WA Vernon W. Harkins William Chalmers Leach Roanoke, VA Burton Lee Albert Gerald Alan Lefebvre Okeechobee, FL John D. Cassels, Jr. James G. Lingle Rogers, AR Eugene T. Kelley Kenneth Francis Lovette San Francisco, CA Richard Huntley Foster James Crane Maloney New York, NY William Dick Gallagher Ivy Gail Thomas McKinney Stamford, CT Benjamin Heyward Green Robert Russell Melnick Youngstown, OH John W. Whitehead Peter Anthony Meshot Sacramento, CA Charles Raymond Meshot Victor Berkey Moheno Visalia, CA John K. Van de Kamp Marilyn Monaco Philadelphia, PA Holly Maguigan Matthew J. Mongahan Portland, ME Thomas Francis Monaghan

J. R. Murphy Columbia, SC Jack Bruce Swerling MONDAY. MARCH 4. 1991 533

Applicant City and State Movant

George D. Oleson Rogers, AR Eugene T. Kelley Ralph A. Pitts Atlanta, GA Griffin B. Bell Lolita G. Hartl Romanick Minot, ND Gary Harold Lee Michael D. Ryan Rye Brook, NY Benjamin Heyward Green Kevin Victor Schieffer Yankton, SD Larry Pressler Melissa Warner Scoggins Roanoke, VA Charles L. Williams, Jr. Anthony F. Shelley Buffalo, NY Mark Lewis Evans Clifford B. Shepard III Orlando, FL Clifford B. Shepard, Jr. Richard E. Signorelli New York, NY Eric Mark Nelson Lonnie Ray Smith Lake Charles, LA Bobbie Jean Gray Ross James William Snider, Jr. Tuscaloosa, AL Thomas Gerald Lilly Paul H. Stevenson Pittsburgh, PA Ernest Goodman

Denise Lynn Snyder Thiel Ligonier, PA Vincent J. Quatrini, Jr. James E. Tompert Washington, DC John Terry Tansey Sheila Rena Tyler Atlanta, GA Stephanie A. Kearns

Edward A. Voci Chicago, IL Peter J. Schmiedel Eugene Warner Pasadena CA Norman G. Kuch H. Lane Young II Atlanta, GA Howell Hollis, III Rochelle Hinda Zapol Boston, MA Kenneth A. Behar

Opinion

No. 89-1279. Pacific Mutual Life Insurance Company, Petitioner v.

Cleopatra Haslip, et al. On writ of certiorari to the Supreme Court of Alabama. Judgment affirmed. Opinion by Justice Blackmun. Opinion by Justice Scalia concurring in the judgment. Opinion by Justice Kennedy concurring in the judgment. Dissenting opinion by Justice O'Connor. Justice Souter took no part in the consideration or decision of this case. 534 MONDAY. .MARCH 4. \m Admissions to the Bar on Oral Motions

Applicant City and State Movant

Sheridan Terry Hodges III Lawrenceville, John R. Molm GA W. Allen Sanders Washington. DC J. Brent Walker Thomas K. Birch Boston, MA Howard Ira Wilgoren Apolo Juan Catala Boston, MA Howard Ira Wilgoren Sheila Marie Walsh Coakley Quincy, MA Howard Ira Wilgoren Juliane Marie Dow Boston, MA Howard Ira Wilgoren Susan Marlene Goldfischer Boston, MA Howard Ira Wilgoren Helena Jo Goldstein Boston. MA Howard Ira Wilgoren Natalie Robin Hardy Boston, MA Howard Ira Wilgoren H. David Kelly Jr Sterling Heights, Howard Ira MI Wilgoren Eliza Catherine Klein Boston, MA Howard Ira Wilgoren Jeanne Bonin LeFevre Arlington, MA Howard Ira Wilgoren Virginia Nia Lee Boston, MA Howard Ira Wilgoren Sarah Meals Morison Boston, MA Howard Ira Wilgoren Carol Waller Pope Boston, MA Howard Ira Wilgoren Sylvia Brenner Queen Framingham, MA Howard Ira Wilgoren Patricia Randall Boston, MA Howard Ira Wilgoren

David J. Rentsch Boston. MA Howard Ira Wilgoren

Jeanne J. Speizer Boston, MA Howard Ira Wilgoren MONDAY. MARCH 4. 1W1 535

Applicant City and State Movant

Liam Joseph Vesely Boston. MA Howard Ira Wilgoren Susan Wilson Brookline, MA Howard Ira Wilgoren Diane Marie Zaferiou Boston. MA Howard Ira Wilgoren Donald Joseph Perrault Manchester. XH Howard Ira Wilgoren Patricia Burne Quigley Canterbury. NH Howard Ira Wilgoren Jane Lynn Scarborough Boston. MA Howard Ira Wilgoren D. Toni Byrd Lewisburg, PA Howard Ira Wilgoren Catharine M. Scheibner Boston, MA Howard Ira Wilgoren Kenneth A. DellaRocco Rye, NY Patrick M. Reilly Gerald K. Howard New Canaan, CT Patrick M. Reilly Daniel B. Berkson New York, NY Patrick M. Reilly Leonard Alexander Tarrytown. NY Patrick M. Reilly Dwarica Robert D. Farley Rowayton, CT Patrick M. Reilly Linda Anne Harvey Fresh Meadows, Patrick M. Reilly NY Steven Paul Lieberman Tarrytown, NY Patrick M. Reilly Mary Gorman Manetti New York, NY Patrick M. Reilly Mark A. Siesel White Plains. NY Patrick M. Reilly William D. Whalen New York, NY Patrick M. Reilly Betty-Lynn White Ridgefield, CT Patrick M. Reilly David Joel Forrester Anniston, AL John L. Fugh

John W. Miller II Birmingham, L John L. Fugh Willis Carl Hunter Camden, AR John L. Fugh William Craig Aseltine Rancho Palos John L. Fugh Yerdes, CA James E. McPherson Escondido, CA John L. Fugh Mary Lollar Hostetter Selma, AL John L. Fugh 536 M( NDAY. MA Hi 'H 4. W

>licant Citv and S*aU- Movant

Everett Maynard Jr Daytona Beach. John L. Fugh FL Mark E. Henderson Trinidad. TX John L. Fugh Terry L. Elling Rockford. IL John L. Fugh Algis P. Glamba Chicago. IL John L. Fugh Joseph L. Falvey Jr South Bend. IX John Fugh Sharon A. Eorbus Indianapolis, IX John Fugh Dana Kyle Chipman Baton Rouge. LA John Fugh Daryl Wilson Walker Cincinnati. OH John Fugh Paul Patrick Holden Jr Fall River. MA John Fugh Jeffrey Mark Sankey Mansfield. MA John Fugh Matthew E. Winter Oceanside. NY John Fugh William Denis Turkula Minneapolis. MX John Fugh Patricia Zengel Charlottesville. John Fugh VA Steven Thomas Salata St. Joseph. MO John Fugh Thomas Louis Herrington Jackson, MS John Fugh John W. Kirkland III Birmingham, AL John Fugh Richard J. Anderson Raleigh. XT John Fugh Donna Lee Wilkins Raleigh, XT John Fugh Lyle Harold Moe Grand Forks, XD John Fugh Kenneth T. Grant Savannah, GA John Fugh Thomas Keith Emswiler Columbus. OH John Fugh John Wesley Caldwell Jr Del City. OK John Fugh Musetta Tia Johnson Philadelphia. PA John Fugh David Sail Jonas Elkins Park. PA John Fugh Shirley Ann Anderson-Clay Gray Court. SC John Fugh William Augustus Hudson Georgetown. SC John Fugh Jr Jonathan Mark Harrison Belton. TX John L, Fugh John William Rolph El Paso. TX John L. Fugh Karl M. Ellcessor III Charlottesville, John L. Fugh VA Daniel Paul Shaver Charlottesville, John L. Fugh VA Michael Anthonv Parnell Anchorage. AK John L. Fugh

Adjourned until Monday, March 18, 1991 at in o'clock. (JOURNAL) MONDAY, MARCH In 1991 537 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White. Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Scalia Kennedy, and Justice Souter.

The Chief Justice said: ''Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari — Summary Disposition

No. 88-1483. Clayton Brokerage Co. of St. Louis, Inc., Petitioner v. David T. Jordan. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The petition for writ of certio- rari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Pacific Mutual Life Insurance Company v. Haslip. 499 U. S. (1991)!

No. 89-1303. Reserve Life Insurance Company, Petitioner v. Patri- cia Stephenson Eichenseer. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Cir- cuit for further consideration in light of Pacific Mutual Life Insurance " Company v. Haslip, 499 U. S. (1991). No. 89-1315. Hospital Authority of Gwinnett County, Georgia, Indi- vidually and dba Gwinnett Ambulance Services, Petitioner v. R. Stan- ford Jones, Administrator of the Estate of William Harold O'Kelley, Deceased. On petition for writ of certiorari to the Supreme Court of Georgia. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Georgia for further consideration in light of Pacific Mutual Life Insurance

Company v. Hashp, 499 U. S. (1991).'

No. 89-1361. Church of Scientology of California, Petitioner v. Larry Wollersheim. On petition for writ of certiorari to the Court of Appeal of California, Second Appellate District. The petition for writ of cer- tiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, Second Appellate District, for fur- ther consideration in light of Pacific Mutual Life Insurance Company " v. Haslip, 499 U. S. (1991). 538 MONDAY. MARCH IS. 1991

No. 89-1399. International Society for Krishna Consciousness of Cali- fornia, etc., et al.. Petitioners v. Robin George, et al. On petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of Califor- nia, Fourth Appellate District, for further consideration in light of Pa- cific Mutual Life Insurance Company v. Haslip, 499 U. S. (1991).

No. 90-324. Brown Group, Inc., dba Brown Shoe Company, Inc.,

Petitioner v. Kenneth G. Hicks. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of that court's en banc opinion to be filed in Taggaii v. Jefferson County Child Support Enforcement Unit, 915 F. 2d 396 (1990), rehearing en banc granted December 11, 1990.

No. 90-626. Pacific Lighting Corporation, et al. Petitioners v. MGW, Inc. On petition for writ of certiorari to the Court of Appeal of Cali- fornia, Fourth Appellate District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, Fourth Appellate District, for further consideration in light of Pacific Mutual Life Insurance Company v. Haslip, 499 U. S. (1991)!

No. 90-827. Portec, Inc., Petitioner v. The Post Office. On petition for writ of certiorari to the United States Court of Appeals for the

Tenth Circuit. The petition for writ of certiorari is granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of

Pacific Mutual Life Insurance Company v. Haslip, 499 U. S. (1991).

No. 90-953. City Gas Company of Florida, Petitioner v. Consoli- dated Gas Company of Florida, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of Florida Public Service Commission for leave to file a brief as amicus curiae is granted. The motion of Edison Electric Institute for leave to file a brief as amicus curiae is granted. The motion of

American Gas Association for leave to file a brief as amicus curiae is granted. The motion of National Association of Regulatory Utility

Commissioners for leave to file a brief as amicus curiae is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the MONDAY. MARCH 18. 1991 539

Eleventh Circuit with directions to dismiss. United States v. Munsing- ivear, Inc., 340 U. S. 36 (1950).

Orders in Pending Cases

No. . Robert M. Barritt, Petitioner v. Adams TV of Wheeling,

Inc. , et al. The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied. No. A-632. In Re Gayle Slaughter. The application for stay ad- dressed to Justice Marshall and referred to the Court is denied. No. D-915. In the Matter of Disbarment of Bruce G. Kokernak. Dis- barment order entered. No. D-924. In the Matter of Disbarment of Charles Lionel Parker. Disbarment order entered.

No. D-925. In the Matter of Disbarment of H. J. M. Melaro. Dis- barment order entered. No. D-949. In the Matter of Disbarment of Jim L. Wilson. Disbar- ment order entered. No. D-960. In the Matter of Disbarment of Kenneth Lynn Broad- hurst. Disbarment order entered. No. D-961. In the Matter of Disbarment of Theodore A. Miller. Dis- barment order entered. No. D-982. In the Matter of Disbarment of Alfonso Nathaniel Pear- son. It is ordered that Alfonso Nathaniel Pearson, of Burnwell, Ala- bama, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-983. In the Matter of Disbarment of Clyde W. Stitt. It is or- dered that Clyde W. Stitt, of San Francisco, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 117, Original. State of Mississippi, Plaintiff v. United States, et al. The motion for leave to file a bill of complaint is denied. No. 89-1895. Astoria Federal Savings and Loan Association, Peti- tioner v. Angelo J. Solimino. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 89-1905. Wisconsin Public Intervenor, et al., Petitioners v.

Ralph Mortier, et al. The motion of the Solicitor General for leave to 540 MONDAY. MARCH 18. 1991 participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-34. Exxon Corporation, Petitioner v. Central Gulf Lines,

Inc., et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-368. Sheldon Baruch Toibb, Petitioner v. Stuart J. Radloff.

The motion of the Solicitor General for divided argument is granted.

No. 90-659. Keith R. Gollust, et al, Petitioners v. Ira L. Mendell, etc., et al. The motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment is granted.

No. 90-769. Louise H. Renne, San Francisco City Attorney, et al.,

Petitioners v. Bob Geary, et al. The motion of California Judges Asso- ciation for leave to file a brief as amicus curiae is granted.

No. 90-889. William "Sky" King, Petitioner v. St. Vincent's Hos- pital. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 90-906. Metropolitan Washington Airports Authority, et al.,

Petitioners v. Citizens for the Abatement of Aircraft Noise, Inc., et al.

The motion of the Acting Solicitor General for divided argument is granted.

No. 90-984. Kansas Gas and Electric Company, Petitioner v. Kansas

State Corporation Commission, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-1189. Trojan Technologies, Inc., et al., Petitioners v, Penn- sylvania, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-1194. Maine Public Utilities Commission, Petitioner v. Maine

Yankee Atomic Power Company. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-1074. Wayne Estelle, Warden, Petitioner u Mark Owen Mc-

Guire. The motion for appointment of counsel is granted and it is ordered that Ann Hardgrove Voris, Esq., of San Francisco, Califor- nia, is appointed to serve as counsel for the respondent in this case.

No. 90-6352. Diane Griffin, Petitioner v. United States. The motion for appointment of counsel is granted and it is ordered that Michael G. Logan, Esquire, of Chicago, Illinois, is appointed to serve as counsel for the petitioner in this case. MONDAY, MARCH IS. 1991 541

No. 90-6986. Wenancjusz F. Kunek, Petitioner v. Stanley K. Coff- man, et al. The motion of petitioner for leave to proceed in forma pau- peris is denied. Petitioner is allowed until April 8, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 90-7246. Roberto Jose Maldonado-Rivera, Petitioner v. United States. The application for further stay of mandate of the United States Court of Appeals for the Second Circuit presented to Justice Marshall and by him referred to the Court is denied.

Certiorari Granted

No. 90-838. Shirley M. Molzof, Personal Representative of the Es- tate of Robert E. Molzof, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit granted.

No. 90-970. Lechmere, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit granted. No. 90-1014. Robert E. Lee, individually and as Principal of Nathan

Bishop Middle School, et al., Petitioners v. Daniel Weisman, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit granted.

No. 90-1102. Robert E. Gibson, Petitioner v. Florida Bar, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 90-6297. Joseph Williams, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Certiorari Denied

No. 90-73. General American Life Insurance Company, Petitioner v. Brad L. Simmons. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 90-244. Massachusetts Mutual Life Insurance Company, Peti- tioner v. William E. Collins. Petition for writ of certiorari to the Su- preme Court of Alabama denied. 542 MONDAY. MARCH 18. 1991

No. 90-728. Richard R. Syre, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 90-756. Gary McKnight, Petitioner v. General Motors Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-795. Angel Toro, aka Sammy Toro, Petitioner v. Richard L.

Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-808. Stanley Plesinski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-811. John A. Stiles, Petitioner v. Roy D. Blunt, Secretary of State of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-818. Paul A. Richter, dba The Body Shop, Petitioner v. San

Diego, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-841. Dennis L. Taxacher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-858. Louie V. Pittman, et al., Petitioners v. Louis W. Sulli- van, Secretary of Health and Human Services. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-863. Sabat Quinones Candelario, Petitioner v. Anthony M. Frank, Postmaster General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the First Cir- cuit denied. No. 90-877. William Dee, Robert Lentz and Carl Gepp, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-935. Cenvill Investors, Inc., fka Century Village East, Inc., et al., Petitioners t\ Condominium Owners Organization of Century

Village East, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 90-959. Patrick W. Simmons, et al.. Petitioners v. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. MARCH 18. 1991 543

No. 90-964. Seaboard Lumber Company, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-965. Alvy Thomas McQueen, Petitioner v. Comptroller of

Public Accounts of Texas, et al.; and Alvy T. McQueen, Petitioner v. United States and Comptroller of Public Accounts of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-971. Avesta AB, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-972. Bruce M. Jones, Dennis Ray Link, et ux., etc., Petition- ers v. Edward J. Derwinski, Secretary of Veterans Affairs, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-978. Melody Perkins, Petitioner v. General Motors Corpora- tion of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-983. Iron Workers Local 118, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, et al.,

Petitioners v. National Labor Relations Board. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-987. Church of Scientology of California, Petitioner v. United

States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1002. Richard G. Kaschak, Petitioner v. Superior Court of California, Kern County. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

No. 90-1006. Donald Berger, et al., Petitioners v. Edgewater Steel Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1008. Connecticut Office of Consumer Counsel, et al., Peti- tioners v. Federal Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 90-1012. Isabelle M. Woods, Petitioner v. Anthony M. Frank, Postmaster General of the United States. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. 544 MONDAY. MARCH IS. 1991

No. 90-1019. IMCO. Inc., et al.. Petitioners v. Curtis R. Morton, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1020. County of Wayne, Michigan, Petitioner v. Linda Hart- ley Rushing. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 90-1043. W. F. Development Corporation, et al.. Petitioners v. Office of the United States Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1083. Village of Wilmette, et al., Petitioners v. National Peoples Action. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1088. Eva O. Rettig, Petitioner v. Kent City School District, et al.; and

No. 90-6388. Thomas M. Rettig, Petitioner v. Kent City School Dis- trict, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1097. Bernard J. Dolenz, Petitioner v. Stuart Yacht Build- ers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1112. Total Condo Concepts, Inc., et al.. Petitioners v.

County of San Diego, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-1119. Roland A. LeBlanc, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-1120. Leon Garmon, Petitioner v. Alabama State Bar. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-1131. Railway Labor Executives' Association, et al.. Peti- tioners v. Chesapeake Western Railway, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-1148. Roy Rodgers, Sheriff, Gilchrist County, Florida, Peti- tioner v. Marcia J. Hufford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-1149. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Petitioner v. Mack Trucks, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. MARCH 18. 1991 545

No. 90-1154. Louis James Scott, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1158. Serv-A-Portion, Inc., et al., Petitioners v. J. F. Feeser

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1159. Raymond J. Bly, et ux., Petitioners v. Richard Kin- lein. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-1160. Norman R. Evonuk, Petitioner v. Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1162. Silas V. Cross, et al. Petitioners v. Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1163. Raul Palomo, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 90-1166. Long Island Typographical Union No. 915, CWA,

AFL-CIO, Petitioner v. Newsday, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1177. City of New Orleans, et al., Petitioners v. Roland Du- boue. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 90-1181. James Campbell and Lois Campbell, Co-Administrators of Estate of Ronald J. Campbell, Deceased, Petitioners v. Colin F. White. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-1182. Warren E. Saint Thomas, Petitioner v. Merit Systems Protection Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1185. Connecticut, Petitioner v. Susan Nelson. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

No. 90-1186. Johnson Gas Appliance Company, Petitioner v. VE Holding Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1188. Joseph M. Teeter, Petitioner v. Steve Shambaugh. etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 546 MONDAY. MARCH 18. 1991

No. 90-1193. Paul Dee Human, Superintendent of Gravette Public

School District, et al., Petitioners v. John Doe, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1198. Anthony J. Bator, Petitioner v. Washoe County Build- ing Department, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 90-1199. Mark E. Lumpkin, Petitioner v. Beverly Travis Lump- kin. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1200. United States Fire Insurance Company, Petitioner v.

Riverside Ventures, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1203. Gene P. Murray, Petitioner v. Ohio Adult Parole Au- thority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1204. Eugene P. Eccli, Petitioner v. Will Von Klemperer, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-1206. Elda Villarreal, Petitioner v. Harte-Hanks Communi- cations, Inc., et al. Petition for writ of certiorari to the Court of Ap- peals of Texas, Thirteenth District, denied.

No. 90-1207. Cecil Ray Taylor, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1209. Joyce Balzer, Petitioner v. Donald Meier, James Book, K-B Farms, Inc., and Robert H. Friel. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 90-1210. Chester Upland School District, Petitioner v. Les- ter H., a Minor and Octavia P., his mother and next friend. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1239. United Association of Black Landscapers, et al., Peti- tioners v. City of Milwaukee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1292. Daniel Dwayne Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-1313. Albert A. Robin, Sheli Z. Rosenberg, Donald S. Chis- holm and Equity Holdings, Petitioners v. Arthur Young & Company. MONDAY. MARCH lb. 1991 547

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6059. Loras Steines, Petitioner v. Administrator of Veteran Affairs. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 90-6137. Benito Mora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6218. Michael Dean Freeman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6309. Jorge Enrique Arango, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6317. Eugene Griffin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6356. Luis Antonio Mejia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6367. Walter Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6402. Calvin Raymond Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6451. John Anthony Harris, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-6517. Sam Paiz and Tim Rector, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6537. Tommie Lee James, Petitioner v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 90-6542. Carolyn G. Simmons, Petitioner v. James Billington. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied.

No. 90-6556. Kourosh Bakhtiari, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 548 MONDAY. MARCH 18. 1991

No. 90-6620. Roy A. Day, Petitioner v. GAF Corporation, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6624. Vernon Stratton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6652. Steve Randolph Gelis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6661. Thomas Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-6672. Bruno Mancari, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6757. Josefina Melendez Liranzo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6772. John E. Rose, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6775. Jesus Pulido-Gomez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6786. Daniel Sparkman, Petitioner v. Gregory Coler. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6789. David Ruiz, Petitioner v. Ronnie Earle, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6791. Elmer Leon Peterson, Petitioner v. Edward Grannis, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-6792. Edward A. Ganey, Jr., Petitioner v. Travis Outlaw, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-6793. Will Barnes, Petitioner v. Richard I. Norris, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. MARCH 18. 1991 549

No. 90-6802. Terry Savage-El, Petitioner v. R. H. Rison, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6807. Emmanuel Mitchell, Petitioner v. Otie Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6812. Ralph M. Lepiscopo, Petitioner v. Susan M. Conway. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 90-6815. Ronald Lee Morrison, Petitioner v. Clayton Oxendine, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-6817. Rosauro Quintero, Petitoiner v. Torvald Klaveness & Company, A/S, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6821. Winston Willis, Petitioner v. City of Cleveland, Ohio, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-6822. Raymond Barnes, Petitioner v. Robert Henderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6824. Edward J. Brennan, Jr., Petitioner v. Ohio, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6832. Arthur D'Amario, III, Petitioner v. West Publishing Company and Thomas F. Fay, Chief Justice of Rhode Island Supreme Court. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 90-6837. Frank Wayne Pehringer, Petitioner i\ Richard L.

Dugger, Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6838. Melvin Tyler and Mary Lea Tyler, Petitioners v. Mis- souri Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6840. Paul M. Humphrey, Petitioner v. Southern Ohio Cor- rectional Facility. Petition for writ of certiorari to the Court of Claims of Ohio denied. 550 MONDAY. MARCH 18. 1991

No. 90-6842. Allan Max Richards. Petitioner v. Committee of Bar Examiners. Petition for writ of certiorari to the Supreme Court of Cali- fornia denied.

No. 90-6844. Billy Truman Wingo, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-6847. Kathleen Marie Ehrsam, Petitioner v. Alan M. Ruben- stein, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6848. Roy A. Day, Petitioner v. Rosemary Barkett, Justice,

Florida Supreme Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6857. Tom Parker, Petitioner v. Willie E. Johnson, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-6860. Jorge Mario Herrera, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-6863. Solomon Mustopher, Petitioner v. Richard Dugger, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-6865. Emmanuel Mitchell, Petitioner v. Hugh W. Stanton, Jr. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied.

No. 90-6867. Sophie Resetar, etc., Petitioner v. John C. Eisley, et al. Petition for writ of certiorari to the Supreme Court of Pennsyl- vania, Western District, denied.

No. 90-6868. Caroline T. Corbit, Petitioner v. Evelyn Drake, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6875. Hugh Cockrum, Petitioner v. David Mills. Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6877. Torrence Tillman. Petitioner v. Jack Duckworth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6880. Charlotte Prestwood, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. MARCH 1*. 1991

No. 90-6882. Hilton Lawrence Brown, Petitioner v. Administrative Law Judge. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6883. Jack Frost, Petitioner v. Bruce Geernaert, et al. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-6893. Franklin L. Hanson, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 90-6900. Twyla Thompson, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied.

No. 90-6902. Robert Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6904. Willie James Jeffries, Petitioner v. Crispus C. Nix, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6912. Margaret Mandolph-Greene, Petitioner v. Gus Sainas. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 90-6914. James L. Martin, Petitioner v. Pennsylvania Real Es- tate Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6918. Carl Butler and Ama Butler, Petitioners v. Greenpoint

Savings Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6919. Verna Mae Stafford, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-6922. James D. Carter, Petitioner v. Mead Paper, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6925. Richard P. Bosa, Petitioner v. Colleen Pickford Bosa. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 90-6927. Duane Elam, Petitioner v. Dale Foltz, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 552 MONDAY. MARCH IS. 1991

No. 90-6930. Robert Graham, Petitioner v. John P. Whitley, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-6931. Pablo Rael, Petitioner v. George Sullivan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6933. Paul C. Mathis, Petitioner v. Wayne County Friend of the Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6934. Kelvin X. Morris, Petitioner v. Dr. Puleo, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

T No. 90-6935. W alter J. Moore, Petitioner v. Herb Maschner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6936. Wadress Hubert Metoyer, Jr., Petitioner v. Stephen W. Kaiser, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6938. Horace Griffin, Petitioner v. Michael P. Lane, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6942. Robert Aaron Wiley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6944. Gerald Davis Fuller, Petitioner v. Warden, Maryland Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6950. James Edmond Watts, Petitioner v. James E. Johnson,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6952. Robert Curtis Varner, Petitioner v. Jim Morrison,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6961. John Rodgers Burnley, Petitioner v. Henry A. Kennon. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6962. Parviz Karim-Panahi, Petitioner v. Ronald Reagan,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. MONDAY. MARCH 18. 1991

No. 90-6965. Richard J. McDonald, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6970. Jeffery Sanders, Petitioner v. Perry M. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6973. Patrick Scanlan, Petitioner v. San Francisco County Department of Social Services. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-6977. Willie L. Glover, Jr., Petitioner v. John O. Marsh, Sec- retary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6982. Woodrow Williams, et ux.. Petitioners v. Bernard Kan- storoom, et al. Petition for writ of certiorari to the Court of Special Ap- peals of Maryland denied.

No. 90-6995. Gerald Donald Cross and Dwane Heaton, Jr., Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7003. John Peters, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 90-7004. Stephen Pierce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7007. Raymond Wagstaff-El, Petitioner v. Carlton Press

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7021. Wilford Brown, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7028. Brian Robert Keith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7029. Gwendolyn Joseph, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7035. Jose Antonio Reyes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 554 MONDAY. MARCH IS. 1991

No. 90-7037. FidelJ. Campos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7041. Theodore Travers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7047. Bobby Eugene Stewart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7052. Marjorie J. Jacobs, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7053. Jeff Edward Fortenberry, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7057. Benjamin Wheeler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7059. Charles E. Lindsay, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7060. Allen R. Harris, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7061. Alfredo Martinez-Cabre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7066. Willis Dean, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7071. Pedro Reynaldo Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7072. Harry Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7078. Ralph Anthony Upshaw, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. MARCH 18. 1991 000

No. 90-7086. Dorman Dean Coleman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7089. Yolanda Ramos Carrasco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7092. Wale Corpus-Barajas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7098. Pedro Pablo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7102. George A. Martin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7114. Emilio Caro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7122. James Bryan Cozad, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7125. Maria Elene Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-7147. Eddie Ray Hampton, aka Edward Ray Hampton, Peti- tioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 90-1142. New Jersey, Petitioner v. Nathaniel Harvey. The mo- tion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 90-1231. Paul Caspari, Superintendent, Missouri Eastern Cor- rectional Center, et al., Petitioners v. David E. Walton. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-1168. Town of Concord, Massachusetts and Town of Welles- ley, Massachusetts, Petitioners v. Boston Edison Company. The motion of American Public Power Association, et al. for leave to file a brief 556 MONDAY. MARCH IS. 1991

as amici curiae is granted. The motion of National Association of Gas Consumers for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice White would grant certiorari. No. 90-1191. Operating Engineers & Participating Employers Pre-

Apprentice, Apprentice and Journeyman, etc., et al., Petitioners v.

Weiss Bros. Construction Co., dba Weisscal, et al. The motion of Car- penters Joint Apprenticeship and Training Committee Fund for South-

ern California for leave to file a brief as amicus curiae is granted. The

motion of Electrical Joint Apprenticeship, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-6086. Clifton Eugene Belyeu, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-6101. John J. Joubert, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dissenting statement by Justice Marshall. No. 90-6291. Michael Ray Orndorff, James William Holmes, Hoyt

Franklin Clines and Darryl V. Richley, Petitioners v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. Dissenting statement by Justice Marshall.

No. 90-6325. Josoph Henry, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. Dissenting statement by Justice Marshall.

No. 90-6541. Harold Bean, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting state- ment by Justice Marshall.

No. 90-6816. William Van Poyck, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Marshall.

No. 90-6818. Glennon Paul Sweet, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Marshall.

No. 90-6850. Oscar Gates, Petitioner v. Warden at San Quentin. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting statement by Justice Marshall. MONDAY. MARCH IS. 1991 00 (

No. 90-6855. David Wayne Spence. Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Marshall.

Common Law Certiorari Denied

No. 90-6891. In Re Sean W. Mason, Petitioner. The petition for writ of certiorari is denied. Mandamus Denied

No. 90-6924. In Re Richard P. Bosa, Petitioner. The petition for writ of mandamus is denied.

Prohibition Denied

No. 90-6920. In Re Dwayne L. Gillispie, Petitioner. The petition for writ of prohibition is denied. Rehearings Denied

No. 89-5961. Robert Lacy Parker, Petitioner v. Richard L. Dugger,

Secretary, Florida Department of Corrections, et al.;

No. 90-752. Roger F. Winchester, Petitioner v. County of San Diego, et al;

No. 90-839. County of Kern, California, Petitioner v. Dan Abshire, et al.;

No. 90-1013. Stephen C. Stem, Petitioner v. Ralph Ahearn and Chris Card;

No. 90-5851. Louis Joe Truesdale, Petitioner v. South Carolina;

No. 90-6050. Alonzo Payne, Petitioner v. John Middleton, et al.;

No. 90-6289. Paris Armstrong, Jr., Petitioner v. Anthony Frank, Postmaster General;

No. 90-6302. Carl Sandlin, Petitioner v. Charles Ellis;

No. 90-6323. Carlos Diaz, Petitioner v. Ronald Miles, Superintend- ent, Elmira Correctional Facility, et al.;

No. 90-6326. Donald Gene Henthorn, Petitioner v. United States District Court for the District of Columbia;

No. 90-6336. Scott W. Veale and David T. Veale, Petitioners v. New Hampshire; No. 90-6354. In Re John E. Mulville, Petitioner; No. 90-6355. In Re John E. Mulville, Petitioner;

No. 90-6357. Carl R. Sandlin, Petitioner v. Pat Allen, et al.; and

No. 90-6385. Abijah Abiff, Petitioner v. Georgia. The petitions for rehearing are denied. 558 MONDAY. MARCH lb. 1991 Admissions to the Bar on Written Motions

Applicant Citv and State Movant

Maris Louise Abbene Boston, MA E. Susan Garsh J. W. Adams Jr. Houston, TX Gregg Sandler Weinberg Clifford H. Ahrens Hannibal, MO Robert Morrison Clayton, II Peter Antonacci Tallahassee, FL Robert A. Butterworth Kent Barkhurst San Francisco, CA Michael Pescetta Matthew Louis Los Angeles, CA George R. Bartholomew Hillsinger Douglas Fetzer Bates Salt Lake City, John Fetzer Bates UT Luis Berrios-Amadeo San Juan, PR Harry R. Nadal Arcelay Thomas Bezanson New York, NY Henry J. Oechler, Jr. Mark Ian Binsky New York, NY Theodore Tuvia Mairanz James Black Denver, CO Walter Charles Brauer, III Julia M. Blackwell Indianapolis, IN Hugh E. Reynolds, Jr. Kathy D. Boutchee Houston, TX Stuart M. Nelkin Philip John Bradbury Madison, WI Frank Mitchel Tuerkheimer Jack Benton Brenemen Brandon, MS Forrest W. Stringfellow William Earl Bright Jr. Birmingham, AL Randolph Pierce Reaves Richard Louis Brusca Washington, DC Lynn Rogers Coleman Laura G. Bruyneel San Francisco, CA Gerald James Tiernan Dorie Budlow Chicago, IL Michael Francis Lefkow Thomas H. Burke Des Moines, IA David L. Phipps John Morgan Callagy New York, NY Arnold Spencer Klein MONDAY. MARCH IS. 1991 559

Applicant City and State Movant

Luther E. Cantrell Jr. Nashville, TN Carol Louise McCoy Robert M. Carson Birmingham, MI Terry Stuart Givens Charles M. Carvell Bismark, ND Nicholas John Spaeth Charles R. Cashmore Billings, MT George C. Dalthorp Morgan Chu Los Angeles, CA Robert L. Winslow Christopher Cipoletti Denver, CO Alan Epstein Thomas J. Cisar Oak Brook, IL Thomas D. Nash, Jr. John C. Clairday Los Angeles, CA Lauren R. Brainard Eric Martin Cohen Coral Gables, FL Jack Ross Blumenfeld Jeffrey R. Cohen New York, NY Louis A. Mangone Jennifer A. Coleman Buffalo, NY Richard E. Moot Joseph Emerett Fort Worth, TX Arthur John Compton III Brender, Jr. Lawrence J. Connell Wilmington, DE Joseph W. deFuria, Jr. Peter Nelson Cultice Zanesville, OH William James Taylor Charles R. Cunningham Corpus Christi, William R. TX Edwards, Jr. Wm. Dennis Currell Cedar Rapids, IA Harry Raymond Terpstra Charles F. Custer Chicago, IL Theophil Carl Kammholz Cyril J. Dantchev San Diego, CA J. Stacey Sullivan, Jr. Paul Michael De Marco Cincinnati, OH Jerome L. Skinner Robert C. DeMoss Houston, TX Carl Anthony Corrallo Frankie Sue Del Papa Reno, NV Eugene J. Wait William Joseph Delaney Providence, RI Robert Sharp Stitt A . .

560 MONDAY. MARCH IS. 1991

Applicant City and State Movant

Edward Dwain Dent r 01 1 woi in, 1 H. Harman Camp Patrick Michael Donahue Annapolis, mjj Kooert M. bcott Andrew Bennett Downs San Francisco, CA Ernest N. "D^AAi^T TTT Keclaick, 111 Charles Moore Draughn III Franklinton, NJ Charles Hill Yarborough, Jr. Kobert Karl Duruy Des Moines, 1A George A. LaMarca Douglas E. Erickson Cincinnati, OH lheodore K. Boehm

Kandall J . Etheridge Pensacola, r L ieii^ ua\ ia

l cx i en

Robert Fabrikant Washington, DC ua\ ia ii. r orci Thomas Campbell Farnam uiayton, mu r rank w VyallipUcll Thomas Chad r arris .Little KOCK, AK J. Winston Bryant Richard A. Feinstein Washington, DL D. Micnael Fitzhugh John Edward Palm Springs, CA bary Clyde r ltzuerald ill Scherotter Hugh Michael Flanagan Atwater, CA Angil Patricia Morris

Jjavia r . r ranKei Washington, DC Ernest Jay Isenstadt Bruce A. r redrickson oiiiings, mi Carolyn Sue vjsioy Janice Marie Geiss bt. LiOUlS, MO John Anthony Kilo Muriel L. Steigerwald Westbury, N\ r ranK a.

1 Ann Ac n i^ennosa r liiiici L), o i

Brian Walter Gleason Milwaukee, w i Robert Crawford

Ervin A. Gonzalez Miami, r Li Karen A. Gievers Felix John Gora Cincinnati, OH Joseph W. Gelwicks Ray Eugene Green Dallas, Ia Paul 1 nomas

David A. Greenwood Salt Lake City, Clifford L. Ashton UT James M. Grippando Miami, FL Gerald J. Houlihan MONDAY. MARCH IS. 1991 561

Applicant City and State Movant

Gregory H. Hawley Birmingham, AL Charles Morgan, Jr. Kenneth Madison Hays South Bend, IN Robert Joseph Palmer Joseph M. Hochadel Portland, ME Thomas Francis Monaghan Charles L. Howard Hartford, CT Linda Louise Yoder Theodore Augustus Washington, DC John Gobel Howard DeGooyer Diane Albrecht Phoenix, AZ Rebecc White Huckleberry Berch Gary James Ignatowski Baltimore, MD David Lawrence Palmer Thomas J. Igoe Jr. New York, NY Peter C. Williams Ian Inglis Austin, TX Kenneth David Schubb Mark Dawson Jarmie Albuquerque, NM Paul G. Bardacke M. Katherine Jenson Costa Mesa, CA Leonard Anthony Hampel, Jr. Thomas Kallay Los Angeles, CA David Moran Harney Charles Latham Kerr New York, NY Barrington Daniels Parker, Jr. James A. Konides Punta Gorda, FL Robert C. Sifrit Kathleen Bow Yuk Lam San Diego, CA Melvin Roger Segal

Ronald J. Landeck Moscow, ID James Edward Siebe Jon Laramore Boston, MA Ruth A. Bourquin Scott David Lassetter Houston, TX Robert Shelly Bambace William John Layng Jr. Atlanta, GA Wayne Carlton Crowe John L. Lenssen Santa Fe, NM Saul Cohen Christine Lipsey Baton Rouge, LA Claude Favrot Reynaud, Jr. A

562 MONDAY. MARCH It. 1991

Applicant City and State Movant

Allan N. Littman San Francisco, CA Kevin Murray Fong Randolio valenzuela Lopez lucson, AZ Javier Chon- Lopez wade Wallihan Massie Abingdon, VA James Parker Jones Jonn bunawall McAllister bait Lake uity, Brent H. Cameron TTTU 1 James M. McCormack Austin, 1A Sam Lively

Robert £j. McDonnell boston, iviA E. Susan Garsh Denise Garrison McElvem Louisville, ki David Alexander bmitn Mar\ Jo Mcijrratn Santa Barbara, Joseph Dulles L^Ar* a Allen Laura Ruth Medinnus San Francisco, CA Frank Rothman UAnofnvi Stephen Anthony Mendel rl ouston, TVI Thomas Gerald

i i eece Tom Mendelson bt. LiOUlS, 1V1U Frank Susman Walter bcott Millsaps Jacksonville, r L btepnen Donald Busey Christopher Lee Milner Dallas,"Tkr.ll no TV1A lorn Mills Jr. Nora Elizabeth Milner ban uiego, ua rcoDert Allan

Bryan C. Misshore New Orleans, LA r aui is. ueai raul b. Molenaa Mt. Clemens, Ml r aul J . U Keilly Dennis William Montoya Lucero, NM Juan G. Burciaga Kobert J. Mrolka (Jak brook, ID Jack Samuel Tenenbaum

T> 1 1 /"( A Karen Musalo Berkeley, CA lerry J. Helbusn Margaret Nottingham Upper Marlboro, Robert Charles Nemetz MD Bonsib James M. Neville bt. Louis, MO betty Jane Okenfuss TVTo wovrt T A dOllil VV . IN lLllUlbOIl IVldlltrlU, l~ir\. LJcL\ 1U. o villi cUcl I Michael Edward O'Hare Wethersfield, CT John Mark Massameno Philip Lawrence O'Neill Washington, DC Daniel Gilligan Grove MONDAY. MARCH 1^. 1991 563

Applicant City and State Movant

Eleanor Pelta Philadelphia, PA Lynda S. Zengerle Richard Huntington Pepper Bethlehem, PA John F. Spirk, Jr. Gary Ray Peterson Kalamazoo, MI Robert F. Travis Michael Andrew Piazza Dallas, TX Alan Bernard Rich Lisa E. Pizza Toledo, OH Frank T. Pizza Harriet Spaulding Posner Los Angeles, CA Frank Rothman Stephen A. Radin New York, NY Dennis J. Block Charles Power Rainbolt Cordell, OK John Vernon Rainboltt, II Ann Theresa Rider Wichita, KS William Robert Martin Jeannette Elizabeth Roach Washington, DC Colleen Boles Bombardier Jon D. Robinson Decatur, IL Edward Booth Sondra R. Rodrigues Philadelphia, PA Charles M. Elefante Amy R. Sabrin Washington, DC Robert Stephen Bennett Gilbert M. Sackheim Boulder, CO Nancy S. Terrill Ralph R. Safford Bloomfield Hills, George Herbert MI Meyer James R: Scott Milwaukee, WI Patrick Robert Russell Richard Henry Seamon Washington, DC Solicitor General Kenneth Winston Stan- Charles F. Secrest Oympia, WA Theodore 0. Torve Gerald V. Selvo Los Angeles, CA John Thomas De Carlo Jeffrey A. Shane Rockville, MD Walter A. Oleniewski John Anthony Simon Chicago, IL Raymond F. Simon Joyce Slevin Brooklyn, NY Victor Barall Stuart Smith Waco, TX Curtis Cullen Smith Jr. Sam Snoddy El Paso, TX George J. Stengel, 564 MONDAY. MARCH 18, 1991

Applicant Citv and State Movant

Frank R. Southers San Antonio, TX Jeffrey Clark Anderson Jonathan Stidham Bartow, FL Wofford H. Stidham Mary Ann T. Stokes Midland Park, NJ Peter Steven Pearlman George Clark Washington, DC S. Leslie Misrock Summerfield Jr. David A. Szewczak Philadelphia, PA Catherine Ford Elliott Linda Marsha Taub Roslyn, NY Lee J. Mondshein William Wilson Washington, DC Robert Edward Thompson II Paul Catherine A. Tocci Cambridge, MA Mary E. Dacey Marc Leslie Van Der Hout San Francisco, CA Terry J. Helbush Hans Van Ligten Costa Mesa, CA Robert Squire Bower Robert J Vanden Bos Portland, OR Paul S. Cosgrove Gregory E. Veralrud Eugene, OR Michael Fraser Fox Julia Katherine Vermynck East Sandwich, Philip A. Rollins MA Armand Joseph Volta Jr. Baltimore, MD David Lawrence Palmer Michael E. Webster Billings, MT Bruce Ryan Toole Stuart Weinberger White Plains, NY Richard Mathew Greenspan Gary D. Weinfeld Washington, DC Michael R. Smith David Bader Weisman South Bend, IN Robert Joseph Palmer N. Brooks Weld Los Angeles, CA George R. Hillsinger David Earl Wheeler San Antonio, TX Stewart J. Alexander Todd Allen Wigder Princeton, NJ Michael Joe Haas Richard H. Wooster Tacoma, WA John William Ladenburg Keith Orlando Edward Houston, TX Claude B. Masters Wyatt Mark L. Yeager Chicago, IL Samuel Weisbard MONDAY. MARCH 18. 1991 565

Applicant City and State Movant

Kent Tyler Young Louisville, KY Pamela Joan Murphy Mary Garr Young Jefferson City, Eric A. Eisen MO Andrew N. Yurick II Woodbury, NJ Susan Marie Santanasto

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Valerie Odell Richardson Poplar Bluff, MO William L. Webster Paul Steven Lychuk Las Vegas, NV Douglas Ross Douglas Lyman McWilliams Baltimore, MD Roland Joseph Allen Charles Edward Krukiel Wilmington, DE Hoge Tyler Sutherland Sharon E. Pandak Prince William, John Holland VA Foote Stephen Alexander Prince William, John Holland Maclsaac VA Foote Ross Garrett Horton Prince William, John Holland VA Foote

Oral Arguments

No. 90-5358. Thomas Braxton, Petitioner v. United States. Argued by Mr. Stephen J. Cribari for the petitioner and by Mr. Stephen J. Marzen for the respondent.

No. 90-50. Ellis P. Gregory, Jr. and Anthony P. Nugent, Jr., Judges,

Petitioners v. John D. Ashcroft, Governor of Missouri. Argued by Mr. Jim J. Shoemake for the petitioners and by Mr. James B. Deutsch for the respondent.

No. 106, Original. State of Illinois, Plaintiff v. Commonwealth of Kentucky. Argued by Mr. Rickie Leon Pearson for the defendant and by by Mr. John Brunsman for the plaintiff.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. MARCH 19. 1991 567 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1027. Norfolk and Western Railway Company, et al, Peti-

tioners v. American Train Dispatchers Association, et al.; and

No. 89-1028. CSX Transportation, Inc., Petitioner v. Brotherhood of Railway Carmen, et al. On writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment re- versed and cases remanded to the Court of Appeals for further proceed- ings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Dissenting opinion by Justice Stevens with whom Justice Marshall joins.

No. 89-994. West Virginia University Hospitals, Inc., Petitioner v.

Robert Casey, Governor of Pennsylvania, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Scalia. Dissenting opinion by Justice Marshall. Dissenting opinion by Justice Stevens with whom Justice Marshall and Justice Blackmun join.

No. 89-1493. Air Line Pilots Association International, Petitioner v.

Joseph E. O'Neill, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case re- manded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens.

Admissions to the Bar on Oral Motion

Applicant City and State Movant

David Douglas Jividen Cincinnati, OH Richard W. Aldrich Oral Arguments

No. 89-1821. Charles Z. Stevens, III, Petitioner v. Department of

the Treasury, et al. Argued by Ms. Alison Steiner for the petitioner and by Ms. Amy L. Wax for the respondent, pro hac vice, by special leave of Court. 568 TUESDAY. MARCH 19. 1991

No. 90-68. Eddie S. Ylst, Warden, Petitioner v. Owen Duane Nun- nemaker. Argued by Mr. Clifford K. Thompson for the petitioner and by Ms. Juliana Drous for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. MARCH 20. 1991 569 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White. Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1629. Salve Regina College, Petitioner v. Sharon L. Russell. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by the Chief Justice with whom Justice White and Justice Stevens join. No. 89-1215. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, et al.. Peti- tioners v. Johnson Controls, Inc. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Opinion by Justice White concurring in part and concurring in the judg- ment with whom the Chief Justice and Justice Kennedy join. Opinion by Justice Scalia concurring in the judgment.

No. 89-1541. Lynn Martin, Secretary of Labor, Petitioner v. Occu- pational Safety and Health Review Commission, et al. On wait of cer- tiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed and case remanded to the Court of Appeals for fur- ther proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall.

No. 89-1646. United States, et al., Petitioners v. Marcus S. Smith, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Dissenting opinion by Justice Stevens. Admissions to the Bar on Oral Motions

Applicant City and State Movant Gary LawTence Francione New York, NY Margaret E. Woodwr ard Richard Haviland Wilson Brandon, MS William Norman LaForge 570 WEDNESDAY. MARCH 20. 1991

Oral Arguments

No. 90-89. International Primate Protection League and its Mem- bers, et al., Petitioners v. Administrators of Tulane Educational Fund, et al. Argued by Ms. Margaret E. Woodward for the petitioners and by Mr. Richard H. Seamon for the respondents. No. 90-285. Litton Financial Printing Division, A Division of Litton

Business Systems, Inc., Petitioner v. National Labor Relations Board, et al. Argued by Mr. Mathias J. Diederich for the petitioner, by Mr. Lawrence G. Wallace for the respondent National Labor Relations Board in support of the petitioner, and by Mr. David A. Rosenfeld for the respondent Printing Specialties.

Adjourned until Monday, March 25, 1991 at 10 o'clock. x (JOURNAL i THURSDAY. MARCH 21. 1991 571 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Granted

No. 90-967. Guy Wooddell, Jr., Petitioner v. International Brother- hood of Electrical Workers, Local 71, et al. The order entered Febru- ary 19, 1991, is modified to read as follows: The petition for a writ of certiorari is granted limited to Question I presented by the petition. In addition, the parties are directed to brief and argue the following question: "Does Section 301 of the Labor Management Relations Act create a federal cause of action under which a union member may sue his union for violation of the union constitution?"

(JOURNAL) MONDAY. MARCH 25. 1991 573 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal— Summary Disposition

No. 90-1244. State Democratic Executive Committee of Alabama,

Appellant v. Thomas Hawthorne, et al. Appeal from the United States

District Court for the Middle District of Alabama. The judgment is vacated and the case is remanded to the United States District Court for the Middle District of Alabama with directions to dismiss. United

States v. Munsi?igwear, Inc., 340 U.S. 36 (1950).

Certiorari— Summary Disposition

No. 89-1230. City of Chicago, et al, Petitioners v. Walter Friedrich, etc. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of West Virginia University Hospitals, Inc. v. Casey, 499 U.S. (1991).

No. 90-400. Pete Le'Mon, Petitioner v. National Labor Relations Board. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further con- sideration in light of Air Line Pilots Association, International v. O'Neill, 499 U.S. (1991) and United Steehvorkers of America, AFL-CIO-CLC v. Raicson, 495 U.S. (1990).

No. 90-1010. John J. Dillon, III, Commissioner, Indiana Depart- ment of Insurance, et al., Petitioners v. Alleghany Corporation, et al. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is granted.

The judgment is vacated and the case is remanded to the United States 574 MONDAY. MARCH 25. 1991

Court of Appeals for the Seventh Circuit with directions to dismiss. United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

Orders in Pending Cases

No. D-930. In the Matter of Disbarment of Donald L. Hobson. Dis- barment order entered.

No. D-932. In the Matter of Disbarment of Charles L. Bussey, Jr. Disbarment order entered.

No. D-984. In the Matter of Disbarment of Gene Flinn. It is ordered that Gene Flinn, of Miami, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-985. In the Matter of Disbarment of Michael J. Rogers. It is ordered that MichaelJ. Rogers, of Burleson, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-986. In the Matter of Disbarment of Kenneth Paul Zauber. It is ordered that Kenneth Paul Zauber, of North Brunswick, New Jer- sey, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-987. In the Matter of Disbarment of F. Michael Ballard. It is ordered that F. Michael Ballard, of Fairfax, Virginia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1905. Wisconsin Public Intervenor, et al., Petitioners v.

Ralph Mortier, et al. The motion of respondents to permit California to participate in oral argument as amicus curiae and for divided argu-

ment is denied.

No. 90-622. Florida, Petitioner v. Luz Piedad Jimeno and Enio Jimeno. The motion of National Association of Criminal Defense Law-

yers for leave to file a brief as amicus curiae, out-of-time, is denied. The motion of National Association of Criminal Defense Lawyers for leave to participate in oral argument as amicus curiae and for divided

argument is denied. MONDAY. MARCH 25. 1991 575

No. 90-757. Ronald Chisom, et al., Petitioners v. Charles E.

Roemer, et al.; and

No. 90-1032. United States, Petitioner v. Charles E. Roemer, Gov- ernor of Louisiana, et al. The motion of the Solicitor General for divided argument is granted.

No. 90-813. Houston Lawyers' Association, et al, Petitioners i'. At- torney General of Texas, et al.; and

No. 90-974. League of United Latin American Citizens, et al., Peti- tioners v. Attorney General of Texas, et al. The motion of respondent

Sharolyn Wood for divided argument is denied. The motion of respond- ent F. Harold Entz for divided argument is denied.

No. 90-952. Janice G. Clark, et al., Appellants v. Charles "Buddy"

Roemer, Governor of Louisiana, et al. The motion of the Solicitor Gen- eral for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-5721. Pervis Tyrone Payne, Petitioner v. Tennessee. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-7201. Ricardo Borroto and Estella Borrotto, Petitioners v. United States. The application for stay addressed to Justice Scalia and referred to the Court is denied.

Certiorari Granted

No. 90-1038. Thomas Cipollone, Individually and as Executor of the

Estate of Rose D. Cipollone, Petitioner v. Liggett Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

Certiorari Denied

No. 90-695. R. Stuart Huff, Trustee, Petitioner v. Standard Life In- surance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-764. Mark Fischer, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 90-782. Bob Odom, et al, Petitioners v. Donald M. Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 576 MONDAY. MARCH 25. 1991

No. 90-810. Roland C. Dart, III, et al. Petitioners v. James For- rester. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-878. Bobby Joe Johnson, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 90-996. Colorado Interstate Gas Company, Petitioner v. Fed- eral Energy Regulatory Commission, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1025. John A. Mmahat and Mmahat & Duffy, Petitioners v. Federal Deposit Insurance Corporation, etc. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1037. John Moore, Petitioner v. Regents of the University of California, et al. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-1046. Barbara Zamlen, et al. Petitioners v. City of Cleve- land, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1049. John H. Baker, et al, Petitioners v. Federal Aviation

Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1063. Haulaway Incorporated, et al., Petitioners v. Lynn Martin, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1064. James B. Rutland, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1069. South Half of Lot 7 and Lot 8, Block 14, Kountze's 3rd

Addition to the City of Omaha, etc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1214. Deen Thomas Williamson, Petitioner v. Abilene Inde- pendent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-1216. Transportation Communications International Union,

Petitioner v. MT Properties, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1219. Fred J. Tocco, Petitioner v. New Jersey Council on Af- fordable Housing, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. MONDAY. MARCH 25. 1991 0/ (

No. 90-1220. Sam Polur, Petitioner v. Hyman Raffe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-1221. Litton Industrial Automation Systems, Inc., et al..

Petitioners v. General Electric Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1224. Mark J. Contreras, et al., Petitioners v. Citibank

(South Dakota), et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-1227. Richard A. Delgaudio, et al., Petitioners v. Benjamin N. A. Kendrick, Judge, Circuit Court of Arlington County, Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-1228. Tammy S. Fyke, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 90-1235. Jet Charter Service, Inc., Petitioner v. Banque Paribas (Suisse), S.A. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1236. Laura L. Phelps, Petitioner v. Grant Matthews, aka

Leslie A. Johnson, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 90-1238. Leslie R. Derstein, Petitioner v. Page Benson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1245. Anne Elisabeth Roller, Petitioner v. Richardson- Merrell, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 90-1248. Chance Cordrey, a Minor and Karen Cordrey, et vir,

on Behalf of Their Minor Son, Petitioners v. R. J. Euckert, Super-

intendent, Evergreen Local School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1277. Charles R. Cramer, Jr., et al., Petitioners v. Associa- tion Life Insurance Company, Inc. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 90-1310. Clarence David Karnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1316. Carolyn Pratt Perry, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 578 MONDAY. MARCH 25. 1991

No. 90-1327. Palm Court, Inc., et al., Petitioners v. District Court of Appeal of Florida, Fourth District, et al. Petition for writ of certio- rari to the Supreme Court of Florida denied.

No. 90-1336. Daniel H. Bennett, Petitioner v. Bob Graham, former Governor of Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6457. Robert A. Haglund, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 90-6461. Freddy Bernard McClendon, Petitioner v. Illinois. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Fourth Dis- trict, denied.

No. 90-6497. Errol Flynn James, Petitioner v. Dropsie College, aka Annenberg Research Institute. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6549. Donald Eugene Halpin, Petitioner v. Bob Martinez, etc., et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-6603. Steven A. Nori, Petitioner v. Andrew Maloney, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6685. Eduardo Ignacio Munio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6712. John McConnell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6778. Murray Shulman. Petitioner v. Louis W. Sullivan, Sec- retary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6898. Jorge Alonso Granado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6908. Charles Stringer. Petitioner v. J. T. Johnson. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-6945. Derek Vinson, Petitioner v. R. Cooper, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. MARCH 25. 1991 579

No. 90-6948. Theodore W. Robinson, Petitioner v. Eugene Sawyer. Mayor, City of Chicago, Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6953. Robert Anderson Baugh, Petitioner v. John E. Nagle,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6954. Gerald Francis, Petitioner v. Robert Hoke. Warden. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6958. Dale Oatess, Petitioner v. Martin Dragovich, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

r No. 90-6972. Michael W hite, Petitioner v. Terry L. Morris, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-6975. John Kim, Petitioner v. Edwin Printemps. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-6976. John Kim, Petitioner v. State Bar of California. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 90-6979. Michael Lynn Brown, Petitioner v. Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6983. Woodrow Williams, et ux., Petitioners v. Bernard Kan- storoom, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-6987. Rudolph L. Kunz, Petitioner v. Alaska. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6993. Pedro Rodriguez, Petitioner v. Robert Hoke, Super- intendent, Eastern Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6996. James Boyd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7002. Peter Van der Jagt, Petitioner v. SIB International

Bancorp, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 580 MONDAY. MARCH 25. 1991

No. 90-7006. Varone Phillips, Petitioner v. Daniel Senkowski, Super- intendent, Clinton Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7009. Curtis Lee Allen, Petitioner v. J. O. Davis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7012. James L. Martin, Petitioner v. Joseph J. Farnan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7017. Andrew Maurice Maryland, Petitioner v. Larry W.

Jarvis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 90-7022. Teresa Alejos-Perez and Miltino Inciarte, Petitioners

v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7032. Richard Paul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7034. Oscar Roldan-Zapata, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7044. Adolph Delbridge and Jill Delbridge, Petitioners v. New Jersey Division of Youth and Family Services. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 90-7045. Raymond Clinton Cohen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7050. Alberto Valdez Ponce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7055. David Francis Brom. Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 90-7064. Michael G. Doganiere, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7068. Joseph Samuel Smith. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. MARCH 25. 1991 581

No. 90-7079. Leonardo Ernie Ybabez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7088. Robert Joseph Zani, Petitioner v. George Waldron,

et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7095. Martin Douglas Crago, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-7099. Jerome L. Johnson, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7100. Anthony V. Mammolito, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7111. Martin Thomas Lawrence, Petitioner u. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7119. Daniel Ray Watson and Jack T. Jackson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7129. Otto David Alvarado, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7130. Steve Richard Frondle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7133. Josef John Casal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7138. Miguel Angil Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7142. Darrell Siggers, Petitioner v. Pamela K. Withrow, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7150. Peter Joshua Rosenberg, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 582 MONDAY. MARCH 25. 1991

No. 90-7162. Catarino Landa-Yega, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7165. Patrick McCray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7166. Robert Steven Howell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7168. Harvey Ernest Mathnay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7171. Jose Tamayo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7175. Rita D. Koulizos, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7176. Douglas Keith Lilly, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7178. Phillip L. Nolan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7181. John Edwards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7182. David Reynolds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7188. Fernando Alvarado-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7191. Sharon Ann Burns, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7192. Reginald Whigham, Petitioner y. Dale Foltz, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. MARCH 23. 1991 583

No. 90-7207. David Charles McClinton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7208. Macario Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7211. James Steven McClure, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7220. Charlie Wade Powell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-968. North Carolina, Petitioner v. Leroy McNeil. The mo- tion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 90-1130. Walter R. Kelly, Superintendent, Attica Correctional

Facility, Petitioner v. Elmer Harper, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1146. FMC, Petitioner v. Shoshone-Bannock Tribes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 90-1212. Tahoe-Sierra Preservation Council, Inc., et al., Peti- tioners v. Tahoe Regional Planning Agency, et al. The motion of Pacific

Legal Foundation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1333. Gail Elizabeth Bobal, Petitioner v. Rensselaer Poly- technic Institute, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Black- mun took no part in the consideration or decision of this petition.

No. 90-6193. Leonard James McSherry, Petitioner v. Sherman

Block, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White and Justice Mar- shall would grant certiorari.

No. 90-6951. Robert Charles Comer, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Marshall. 584 MONDAY. MARCH 25. 1991

No. 90-7193. Gary Lee Howard, Sr., Petitioner v. James Rowland, et al. Petition for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

Habeas Corpus Denied

No. 90-7228. In Re John Ross, Petitioner. The petition for writ of habeas corpus is denied.

Mandamus Denied

No. 90-1152. In Re J. A. (Jack) Stubblefield, Petitioner; and No. 90-7094. In Re Raymond Jackson, Petitioner. The petitions for writs of mandamus are denied. No. 90-6974. In Re George Sassower, Petitioner; and No. 90-7000. In Re George Sassower, Petitioner. The petitions for writs of mandamus and/or prohibition are denied.

PREHEARINGS DENIED

No. 90-835. Harriet Smith, Administratrix of the Estate of Willette

Leonard Smith, Deceased, Petitioner v. City of Berkeley, et al.; No. 90-1054. In Re Jessie D. McDonald, Petitioner;

No. 90-5783. Stanley Joseph Callis, Petitioner v. Edward W. Mur- ray, Director, Virginia Department of Corrections, et al.; and

No. 90-6411. Michael Sindram, Petitioner v. J. James McKenna, et al. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, April 1, 1991 until Mon- day, April 15, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Phillip Stanley Althoff Walnut Creek, CA Arthur Winslow Walenta, Jr.

Thomas E. Anderson Birmingham, MI Ernest I. Gifford Reese Parker Andrews Nacogdoches, TX Tom L. Ragland Sammie Leo Arnold Dyersburg, TN John Barret Ashley Gary William Auman Dayton, OH Robert Thomas Dunlevey, Jr. MONDAY. MARCH 25. 1991 585

Applicant City and State Movant

Bruce C. Bailey Chattanooga, TN William Crutchfield, Jr. Brian C. Beckwith New Orleans, LA Louis A. DiRosa Douglas W. Beeson Austin, TX Kenneth A. RicheyT~» • 1 David Dennis Beidler Roanoke, VA Henry Lavinder Woodward Mark S. Blaskey Las Vegas, NV Morgan Deschamps Harris

n it n pi t» j_ XT ir 1 \T"\r Molly S. Boast New York, NY r rederick Bernard Lacey Gregory A. Bordenkircher Samt Louis, MO Charles Alan Seigel Karin Armen Brandys El Paso, TX William Herbert Colby Alice L. Brown New York, NY Julius LeVonne Chambers Robert A. Butkin Oklahoma City, Neal Leader OK Robert Anthony Campo Buffalo, NY J. Vaughn - t\ if n t Millane, Jr. Douglas -Leonard Christiansted, St. Roland B. Scott, Capdeville Croix, VI Jr. Barbara C. Cerepanya rnoenix, AZ Lllen Ldge Katz Lnc K. Coins Louisville, Ki Donald L. Cox Jose A. Cuevas-Segarra ban Juan, FK Edwin V. Rosas- Bayonet William R. Cunningham Erie, PA Joseph P. Conti Stephen J. Dahl Las Vegas, NV Morgan Deschamps Harris Steven L. Davis Emporia, KS Michael Clinton HelbertTT 11 -i_ Bernadette N. DeCastro Watchung, NJ John Patrick ivicJJonaiu Mavourneen Mary Youngstown, OH Jeffrey B. Fleck DeGenaro Eli Jay Dicker Washington, DC Michael Jeffrey Kator 586 MONDAY. MARCH 25. 1991

Applicant City and State Movant

William Alphonse Dopierala Erie, PA Joseph P. Conti Michael P. Gambacorta Hackensack, NJ Robert William Byrne Marjorie Wilcox Georges El Paso, TX Darcy Alan Frownfelter J. E. Gervin Jr. Chattanoga, TN William Crutchfield, Jr. Ralph D. Golden Memphis, TN Leo M. Bearman Ross M. Goodman Pensacola, FL Louis K. Rosenbloum Thomas W. Graves Houston, TX William Benjamin Adair Debra A. Gutierrez- Detroit, MI Derrick Augustus McGuire Carter Jorge De Jesus Guttlein New York, NY Michael Donald Patrick

Thomas M. Harp Detroit, MI Arthur . Tarnow Anthony R. Himes Erie, PA Ernest J. DiSantis, Jr. Susan Lynn Hogan Saint Louis, MO Lew A. Kollias M. Reed Hopper Sacramento, CA Robin Lee Rivett Jeanne Sue Innis Seattle, WA Michael Joseph Finkle Thomas J. Keaveny II Charleston, SC Wade Hampton Logan, III William Charles Kollar Columbus, OH Joann M. Bour- Stokes William E. Ladd Detroit, MI Claretta Jane Varner Ruth M. Liebesman New York, NY Gerald L. Shargel Adam Mark Limongelli Kingston, PA Malcolm M. Limongelli Aaron L. Lowe Spokane, WA Robert H. Whaley Ray Palmer Lupoid III Petersburg, VA David Eason Boone Thomas W. Mackenzie Milwaukee, WI Patrick Robert Russell Maria Makris-Gouvas Washington, DC Amy Totenberg Carole Calkins Mandel Beverly Hills, CA Richard A. Stone Stewart Davidson Birmingham, AL William Joseph McKnight III Baxley MONDAY. MARCH 25. 1991 587

Applicant City and State Movant

Robert Scott Medansky Scottsdale, AZ Earl Trevis Medansky Frank William Miller Binghamton, NY Eugene C. Gerhart Beth Ann Miller Orlando, FL Michael K. Bailey Lawrence L. Moise III Abingdon, VA Robert Austin Vinyard W. Mark Mowery Santa Fe, NM John P. Burton Christine Ann Mullen Boulder, CO Bonnie Jean Campbell David Victor Nielsen Boise, ID Brian K. Julian - Stephen S. Ostrach Boston, MA Thomas R. Kiley Bernadette M. Peslak Hackensack, NJ Robert William Byrne Norman Eugene Pessin Baltimore, MD Jacob A. Stein Stanley Mark Pollack Window Rock, AZ Bruce R. Greene Wilbur M. Roadhouse Tucson, AZ John Fitzgerald Molloy Steven Joseph Rosenbaum Washington, DC Edwin M. Zimmerman Tony Seaton Johnson City, TN Howell Hood Sherrod, Jr. Roy Anthony Sheetz Alexandria, VA Richard C. Hotvedt Brent Allan Stubbins Zanesville, OH James B. Stubbins Thomas Reginald Sulton Houston, TX Gerald Taylor Price Nancy S. Tabor Baldwin, IA Phillip John Tabor Martin Randolph Ufford Wichita, KS W. Thomas Gilman Catherine Marie Van Tuba City, AZ Robert N. Maerssen Hilgendorf Gilbert Vara Jr. San Antonio, TX Blair Reeves James K. Vogel Erie, PA Joseph P Conti George L. Wagner Portland, OR Thomas Ancil Balmer Henry Scott Wallace Washington, DC Neal Russell Sonnett John Fields Weaver Knoxville, TN Ann Mostoller Jane Marie Wieder Hackensack, NJ Robert William Byrne 588 MONDAY. MARCH 25. 1991

Applicant City and State Movant

Alan Marvin Wright Rockville, MD Carmen Delia Tidier Douglas James Wright Erie, PA Joseph P. Conti Stephen M. Yeager Cincinnati, OH W. Andrew Patton Kenneth Aaron Zak Erie, PA Joseph P. Conti Mary McNeill Zell Philadelphia, PA William A. DeStefano

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Keith Patrick Jones Keyport, NJ Gill P. Beck Charles J. Hertel Oshkosh, WI Brady C. Williamson Oral Arguments

No. 90-5635. John J. McCarthy, Petitioner v. George Bronson, War- den, et al. Argued by Mr. Christopher D. Cerf for the petitioner and by Mr. Richard Blumenthal for the respondents.

No. 90-350. Jeanne Farrey, fka Jeanne Sanderfoot, Petitioner v. Gerald J. Sanderfoot. Argued by Mr. Brady C. Williamson for the peti- tioner and by Mr. Harvey G. Samson for the respondent.

No. 90-622. Florida, Petitioner v. Luz Piedad Jimeno and Enio Jimeno. Argued by Mr. Michael J. Neimand for the petitioner, by Mr. John G. Roberts, Jr., for the United States, as amicus curiae, supporting the petitioner, by special leave of Court, and by Mr. Jef- frey S. Weiner for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. MARCH 26. 1991 589 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter

Opinions

No. 89-1793. United States, Petitioner v. Thomas M. Gaubert. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Scalia.

No. 89-839. Arizona, Petitioner v. Oreste C. Fulminante. On writ of certiorari to the Supreme Court of Arizona. Judgment affirmed. Justice

White delivered an opinion, Parts I, II, and IV of which are for the Court, and filed a dissenting opinion in Part III in which Justice Mar- shall, Justice Blackmun, and Justice Stevens join. The Chief Justice de- livered an opinion, Part II of which is for the Court, and filed a dis- senting opinion in Part I in which Justice O'Connor, Justice Kennedy and Justice Souter join, and in Part III in which Justice O'Connor and Justice Scalia join. Justice Kennedy filed an opinion concurring in the judgment. No. 89-1938. Equal Employment Opportunity Commission, Peti- tioner v. Arabian American Oil Company and Aramco Services Com- pany; and

No. 89-1845. Ali Boureslan, Petitioner v. Arabian American Oil Com- pany and Aramco Services Company. On writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment af- firmed. Opinion by the Chief Justice. Opinion by Justice Scalia con- curring in part and concurring in the judgment. Dissenting opinion by Justice Marshall with whom Justice Blackmun and Justice Stevens join. Admissions to the Bar on Oral Motions

Applicant City and State Movant

Michael I. Greenwald Cleveland, OH Lawrence Gerald Wallace Rose Marie Favors Columbia, SC Thomas David Miller 590 TUESDAY. MARCH 26. 1991

Applicant City and State Movant

Dale L. Sare South Lake Christopher Louis Tahoe, CA Rissetto Alan Irwin Edelman Silver Spring, MD Stuart Hayden Deming Oral Arguments

No. 90-5744. Richard L. Chapman, John M. Schoenecker and Pat- rick Brumm, Petitioners v. United States. Argued by Mr. T. Christo- pher Kelly for the petitioners and by Mr. Paul J. Larkin, Jr., for the respondent.

No. 90-149. Michigan, Petitioner v. Nolan K. Lucas. Argued by Mr. Don W. Atkins for the petitioner, by Mr. Solicitor General Kenneth W. Starr for the United States, as amicus curiae, supporting the peti- tioner, by special leave of Court, and by Mr. Mark H. Magidson for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY. MARCH 27. 1991 591 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinion

No. 89-1909. Feist Publications, Inc., Petitioner v. Rural Telephone Service Company, Inc. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed and case re- manded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Justice Blackmun concurs in the judgment.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Don L. Cooper Duncan, OK David Lee Jordan

Oral Arguments

No. 90-634. Dan Cohen, Petitioner v. Cowles Media Company, dba

Minneapolis Star and Tribune Company, et al. Argued by Mr. Elliot C. Rothenberg for the petitioner and by Mr. John D. French for the respondents.

No. 90-516. Jill S. Kamen, Petitioner v. Kemper Financial Services, Inc., et al. Argued by Mr. Richard M. Meyer for the petitioner, by Mr. Michael R. Dreeben for the Security and Exchange Commission, as amicus curiae, in support of the petitioner, by special leave of Court, and by Mrs. Joan M. Hall for the respondents.

Adjourned until Monday, April 1, 1991 at 10 o'clock. x

(JOURNAL) MONDAY. APRIL 1. 1991 593 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and wall not be announced orally."

Certiorari — Summary Disposition

No. 90-404. Illinois State Labor Relations Board, et al., Petitioners v. Illinois Nurses Association, et al. On petition for WTit of certiorari to the Appellate Court of Illinois, First District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Appellate Court of Illinois, First District, for further consider- ation in light of the advisory opinion of the National Labor Relations Board in Correctional Medical Systems, Inc. and Illinois Nurses Asso- ciation and Illinois State Labor Relations Board (Petitioner), 299 NLRB No. 95 (NLRB Case No. AO-278). Justice White and Justice Blackmun would grant certiorari and set the case for oral argument.

No. 90-731. Haines and Company, Inc., et al, Petitioners v. Illinois Bell Telephone Company. On petition for wTit of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Cir- cuit for further consideration in light of Feist Publications, Inc. v. Rural Telephone Service Company, Inc., 499 U.S. (1991).

No. 90-1251. Pennsylvania, Petitioner v. Carl Franz Ogborne. On petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office. The petition for WTit of certiorari is granted. The judgment is vacated and the case is remanded to the Superior Court of Pennsylvania, Philadelphia Office, for further consideration in light of

Alabama v. White, 496 U.S. (1990).

No. 90-6766. James S. Blackmer, Petitioner v. United States. On pe- tition for wrrit of certiorari to the United States Court of Appeals for the Second Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of

Gozlon-Peretz v. United States, 498 U.S. (1991). 594 MONDAY. APRIL 1. 1991

Orders in Pending Cases

No. . Waadew Aysisah, Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections, et al. The motion to direct the

Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. — . Public Administrator of the County of New York, as Admin- istrator of the Estate of Andrew J. Milam, Petitioner v. Gibson & Cush- man of New York, Inc. The motion for leave to proceed in forma pau- peris without an affidavit of indigency executed by the petitioner is granted.

No. A-707. Ann Richards, Governor of Texas, et al., Applicant v. United States District Court for the Southern District of Texas (Sheriff of Harris County, et al. , Real Parties in Interest). The application for stay of a portion of the judgment of the United States District Court for the Southern District of Texas filed February 7, 1991, presented to Jus- tice Scalia and by him referred to the Court, is denied. The order here- tofore entered by Justice Scalia on March 29, 1991 is vacated.

No. A-712. City of Yonkers, Applicant v. United States, et al. The application for stay addressed to the Chief Justice and referred to the

Court is denied.

No. A-716. Roy Williams, et al., Applicants v. City of Dallas. The application to vacate a stay order entered by the United States Court of Appeals for the Fifth Circuit presented to Justice Scalia and by him referred to the Court is denied. No. D-947. In the Matter of Disbarment of Howard A. Pattison. Dis- barment order entered. No. D-962. In the Matter of Disbarment of Leonard Rubin. Disbar- ment order entered. No. D-967. In the Matter of Disbarment of Robert W. Costigan. Dis- barment order entered. No. D-988. In the Matter of Disbarment of Loretta B. Anderson. It is ordered that Loretta B. Anderson, of Tampa, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.

No. D-989. In the Matter of Disbarment of William C. Mach. It is r ordered that W illiam C. Mach, of Tucson, Arizona, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. MONDAY. APRIL 1, 1991 595

No. D-990. In the Matter of Disbarment of John Ross Miller. It is ordered that John Ross Miller, of Salem, Oregon, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 118, Original. United States, Plaintiff v. Alaska. The motion for leave to file a bill of complaint is granted. The defendant is allowed sixty days within which to file an answer. No. 89-1895. Astoria Federal Savings and Loan Association, Peti- tioner v. Angelo J. Solimino. The motion of the Solicitor General to permit Amy L. Wax, Esq., to present oral argument pro hac vice is granted.

No. 90-769. Louise H. Renne, San Francisco City Attorney, et al.,

Petitioners v. Bob Geary, et al. The motion of California Democratic

Party, et al. for leave to participate in oral argument as amici curiae and for divided argument is granted.

No. 90-1270. Alabama, Petitioner v. Raymond Eugene Brown. The motion of respondent for leave to proceed in forma pauperis is granted.

Certiorari Granted

No. 90-1090. Immigration and Naturalization Service, et al., Peti- tioners v. National Center for Immigrants' Rights, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question 2 presented by the petition.

No. 90-1262. Arkansas, et al., Petitioners v. Oklahoma, et al.; and

No. 90-1266. Environmental Protection Agency, Petitioner v. Okla- homa, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 90-5844. Terry Foucha, Petitioner v. Louisiana. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Louisiana granted.

No. 90-6704. David Dawson, Petitioner v. Delaware. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Delaware granted.

Certiorari Denied

No. 90-321. Frederick R. Clark, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 596 MONDAY, APRIL 1. 1991

No. 90-719. Steven Iannacone, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 90-733. Donald Hamm, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 90-893. New Mexico, Petitioner v. John B. Work. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 90-1058. Michael A. Hartman and Benjamin H. Woods, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1072. Alfred E. Ramey, Petitioner v. United States General

Accounting Office, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1081. Raymond Cutter and Anna Sizemore, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1087. Kendrix M. Easley, Petitioner v. University of Michi- gan Board of Regents, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1093. Leah Liza Marks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-1108. Kaiser Development Company, aka KACOR Develop- ment Company, et al., Petitioners v. City and County of Honolulu. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1129. Sumitomo Trust & Banking Co. (U.S.A.), Petitioner v. Eden Hannon & Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1179. State Farm General Insurance Company, et al., Peti- tioners v. Muriel E. Kraszewski, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1196. Shirley Simnick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-1243. Humphreys (Cayman) Limited, Petitioner v. Dorothy A. Wilson, et vir. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. APRIL 1. 1991 597

No. 90-1249. R. R. Donnelley & Sons Company, Petitioner v. Judy Prevost, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 90-1250. Burlington Northern Railroad Company and R. H.

Shalhoop, Petitioners v. Joan Faye Whitt, Administratrix of the Estate of William Charles Whitt, deceased. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-1253. Susan J. Fasse and Elizabeth Fasse, Petitioners v. Patricia Hodgson. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-1257. Ivan C. Cleveland, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.

No. 90-1259. Lawrence C. Redmond, Jr., Petitioner v. Illinois. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 90-1263. Robert Donald Yasko, Petitioner v. Washington. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi- sion 2, denied.

No. 90-1267. General Motors Corporation, Petitioner v. Norman Duerr. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1268. Richard V. Secord, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied.

No. 90-1274. Sheldon I. Wieland, Jr., Petitioner v. Robert Brown, Director, Michigan Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1275. Joseph Pierre Rene Scovel, Petitioner v. Norfolk Ship- building & Drydock Company, Inc. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-1296. Remington Arms Company, Inc., Petitioner v. Nicholas N. King. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 90-1300. Dean Witter Reynolds Inc., et al., Petitioners v. Linda Strotz. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied.

No. 90-1307. Francis A. Tomcsik, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 598 MONDAY. APRIL 1. 1991

No. 90-1308. Berman J. Watts, Jr., Petitioner y. Michael P. W. Stone, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1323. B. K. Agnihotri, et al., Petitioners y. Kenneth J. Arenson. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1345. Willie J. Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1346. Gennie Daryl King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1347. Winston C. Baber, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1349. Sonny B. Webb, Petitioner v. William K. Reilly, Administrator, Environmental Protection Agency. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1350. Josef Ben-Porat, et ux., et al., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1363. Laborers' Local 332, Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1364. Louis Anthony Manna, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1375. Joseph Kasparoff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5204. Ruben Campaneria, Petitioner v. Theodore Reid, Su- perintendent, Fishkill Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6303. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. APRIL 1. 1991 599

No. 90-6409. Vladimir Zatko, Petitioner v. United States District Court for the Central District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6432. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6433. Vladimir Zatko, Petitioner v. United States District Court for the Eastern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6456. Robert Lee Washington, Petitioner v. William F. Rucker. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6505. Joseph Silverburg, Petitioner v. Carol Stewart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6581. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-6582. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6583. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-6613. Danny B. Stott, Petitioner v. Paul Caspari, Superin- tendent, Missouri Eastern Correctional Center. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6664. Arnaldo De Dios Valdes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6698. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6719. Mariano H. Ospina, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6727. Anthony Chotas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 600 MONDAY. APRIL 1. 1991

No. 90-6759. John J. Maguire, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6761. Marc Griffith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6790. Vladimir Zatko, Petitoner v. Superior Court of Califor- nia, Del Norte County. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-6796. Randall Wendt, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied.

No. 90-6878. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-6917. James Panda, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6969. Glenn H. Gridley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6978. Cesar A. Coria, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-6997. Jay C. Allen, Petitioner v. United States Postal Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-6999. Lawrence Simmons, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 90-7019. Allison R. Childs, Petitioner v. Robert Liskey. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7024. Estasio Orso, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 90-7025. John D. Keller, Petitioner v. George E. Petsock, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. APRIL 1, 1991 601

No. 90-7027. James L. Martin, Petitioner v. Daniel H. Huyett. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7031. Estelle Fisher, Petitioner v. Chicago Transit Author- ity, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-7033. Daries Sherrills, Petitioner v. David Goldberger, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7038. Alfred Keith Bragg, Petitioner v. Columbus City Po- lice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7039. Nancy Jewell Cross, Petitioner v. San Mateo County Transit District. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-7056. Dorothy E. Scott, Petitioner v. Buehler Food Markets, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7058. Roosevelt C. Bentley, Petitioner v. New York, et al; and Roosevelt C. Bentley, Petitioner v. New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7062. James E. Christian, Petitioner v. Pacific Gas and Elec- tric Company. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-7063. Frank Barela, Petitioner v. Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7075. Eddie B. Neal, Petitioner v. Larry Burton, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7077. Cecil Browne, Petitioner v. James A. Robb. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 90-7081. Willie Grant, Petitioner v. Charles H. Zimmerman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7082. Reginald Lights, Petitioner v. Walter R. Kelly, Super- intendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 602 MONDAY. APRIL 1. 1991

No. 90-7083. James L. Martin, Petitioner v. Clarkson S. Fisher, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7085. Freddie Cummings, Petitioner v. James D. Purkett, Superintendent, Farmington Correction Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7110. Lewis McDaniel, Petitioner v. Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7115. Fannie J. Gilliam, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7123. Jerry Virgil Cammack, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7126. William Green Biggs, Jr., Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7148. Raymond Graves, Petitioner v. Arthur Tate, Jr., War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7149. Paul Richard Russell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7157. Martin Anthony Casella, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7161. Leroy Rudy Jeffers, Petitioner v. Richard H. Clark, Superintendent, Indiana State Prison, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7172. Delio F. Cataulin, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-7180. Rocco J. Napoli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. APRIL 1. 1991 603

No. 90-7189. David L. Henry, Petitioner v. United States Depart- ment of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-7215. Carl Leibowitz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7222. Donnell Jasper Jordan, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7224. Darryl Lee Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7235. Tommy Birch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7236. Elias Delgado-Serrano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7237. Steve J. Layton, Petitioner v. South Dakota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7238. Donald X. Kidd, Petitioner v. David Williams, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7239. James Ronald Lowe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7240. Julio DeParias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7241. Curtis Ballard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7242. Edwin Vanderlaan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7244. Danny Michael Weeks, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 604 MONDAY. APRIL 1. 1991

No. 90-7247. Lonnie Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7291. James Charleston, Petitioner v. Louis Mann, Superin- tendent, Shawangunk Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1078. Richard Lyman, Jr., et al., Petitioners v. City and County of Honolulu. The motion of Pacific Legal Foundation for leave to file a brief as arnicas curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1242. Brignoli & Curley, Inc., et al, Petitioners v. John J. Curley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White would grant certiorari.

No. 90-1269. Function Junction, Inc., et al., Petitioners v. Paul

Crowe, et al. The motion of respondents for damages pursuant to Rule 42.2. is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 89-6482. Richard Wade Cooey, II, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Dissenting statement by Justice Marshall.

No. 90-5414. Tracy Lee, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting state- ment by Justice Marshall.

No. 90-6444. Leslie Beasley, Petitioner y. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. Dissenting statement by Justice Marshall.

No. 90-6913. Marvin C. Jones, Petitioner v. Paul Delo, Superintend- ent, Potosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Dissent- ing statement by Justice Marshall.

No. 90-7016. Jose Martinez High, Petitioner v. Walter Zant, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Jus- tice Marshall.

No. 90-7134. Douglas Ray Stankewitz, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall. MONDAY. APRIL 1. 1991 605

No. 90-7199. Robert Madden, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissent- ing statement by Justice Marshall.

PREHEARINGS DENIED

No. 90-5806. Alvin Parker, Petitioner v. Michael D. Parsons, War- den, et al.;

No. 90-6229. James L. Martin, Petitioner v. Supreme Court of Delaware;

No. 90-6301. Robert Shaw, Petitioner v. Howard Peters, Warden;

No. 90-6420. Donald E. Hunziker and Joan E. Hunziker, Petitioners v. German-American State Bank, et al.;

No. 90-6421. In Re Donald E. Hunziker and Joan E. Hunziker, Peti- tioners; and

No. 90-6478. Kevin Cruickshank, Petitioner v. American Honda. The petitions for rehearing are denied.

No. 90-815. Joseph A. Blaine, Petitioner v. Martin Marmor, et ux. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Steven Michael Allen Ellington, CT Philip Cameron Livsey Peter Louis Amaya New York, NY Bernard George Helldorfer

J. Douglas Austin Watertown, SD Alan L. Austin Jeffrey Ross Bale Houston, TX Edgar Fisher Barnett Ilene Hally Barshay Old Westbury, Howard Alan NY Glickstein Raymond Clifford Barzey New York, NY William Henry Lorentz Usher L. Brown Orlando, FL Martin Frederick Stamp, Jr. E. Daniel Burt Jr. Shreveport, LA Robert G. Pugh Nestor Bustamante III Miami, FL Larry R. Leiby 606 MONDAY. APRIL 1. 1991

Applicant City and State Movant

T nc A nrroloc A d UI1I1 LJ . y^cllLllo r l dnz r niiiip

(~!avla .7 Cavn^o Supvampntn C A iiiLiiciiiij-?iplipvrl lVTipVicifiliviiLiidtrl Frank John Hill Cayce Jr. Fort Worth, TX Kleber C. Miller

Robert Kenneth Ciulla New Haven, CT Michael J. Dornev

Angus E. Crane Washington, DC William1111U111 illlllitAllinp*tonlull Butler Garmon G. Dale Jr. Dallas, TX Morris Harrell Barbara Breier Day Austin, TX Frederick H. Ritts Clarence Joe DelForge III Raleigh, NC Richard N. League Patricia M. Dengler Wichita, KS Robert C. Brown

Michael Joseph Domingue Baton Rouge, LA KdwardUU >> til VI Jo^enhkJ VOV L/ll Walters, Jr. R. Scott Dover Pickens, SC Richard W. Riley Russell Dale Duree San Antonio, TX Robert Frederick Tavlor Krassa Harrv J Falk Kentland IN Pnnald Ppwv Shipman

T Anthony Michael Ferro Palm Harbor, FL W arren A. Wilson, III

Brian J. Finucane Kansas City, MO Allan L. Bioff William L. Fisher Rochester, MI George Laska Wiliam Frank Ford Jr. Kansas City, MO James L. Moeller .Tnn f^pntt T^nv Spattlp WA Sfpnhpn "Wp^Ipv Hayne

A.Phvlli^11 > IliO X-/BunnellUllllv 11 Gardner\Ji CI 1 VI 1 1 V- 1 MemnhisITlvlllUlllOf TNX -v ^ Paul Francis Goodman Geoffrey M. Gay Austin, TX William Garrett Patricia A. Gilman W'ichita, KS W. Thomas Gilman

David J. Gilmartin Southampton, NY John C. Bivona Annie Goldberg Providence, RI James E. O'Neil Steven Norbert Harkiewicz San Antonio, TX Charles Straith Frigerio — 1

MONDAY. APRIL 1. 1991 607

Applicant City and State iUUMovant\ till L

Fianipl f^nncrpv Harking i vr i \ 1 / el 1 1 1 1 V_ v_y 1 1 c_, v_ 1 lieu ulU' Snrine-fieldk_j yji ill w, i i < OHv/ii Karen Nelson Moore .Tampc; eJdlllvTo XF?nhpvtV KJ KJ vT 1 L llcllHartL XFairfaxCll-L 1CI A , VAV X X Richard E. Dixon

WilliamTV llllciill AA . 11CHphpUC Wellsboro PA John M. Humphrey Thomas D. Henderson Memphis, TN Paul Francis Goodman Joey W. Hendrix Shreveport, LA Rogert G. Pugh Patrick T. Henigan Philadelphia, PA Andre L. Dennis Daniel J. Henry Jr. Buffalo, NY John A. Michalek

DavidXJ C\\ lvl MichaplITllV-llClvn llUlllilCloLClHoffmpi^tpr Palox cii v_/ niiu,Alto CAvii David A. Lowin Marv Lee Holen Anchorage, AK Edgar Paul Boyko

1VCIL111Kathrvny 11 ii]Anrtp11 1VT 11Hvnp<>V 1 lvTO W^^hincrtonTT Clollll It H-/1 1 , DCXJ JudgeNorman Charles Roettger, Jr.

tJ.TampsCtlllV- O UEdwardVI VV dJ. V I fj.TarvmCIX > lO Jrfj i e Valdosta GA H. Lamar Cole Charles S. Johnson III Atlanta, GA Edgar A. Neely, III

1Frank1 CI 1 1 XV Harlanllcll IClll 1\.1114^W1Kill {tovpttlli.Tr Orlando FL Martin Frederick Stamp, Jr.

AA/illiam F, .Tj}pk"^nn villp T^T * It 1111C11U 1 j o Knnt7IVLtliLZj U ClL X\o wl 1 \ 1I1CT, X X-i Stephen Donald Busey

KevinXXV_ Y 111 MXTX • LaCroixi-JU V. 1 V/lXV Washington, DC Catherine James LaCroix

111_/\\C11VIHoward 1Flliotd 1 1 1 Vy L 1_JC11Landau1VIC1 LI CoralUi CI 1 Gables\_J CI 1 v3 O , XFLU Louis M. Jepeway, Jr.

Rohprt Fdd1 i Lpp1 J \3 VI. XVX IVUUtl L vXV.1 XF111111COBillings ^ MTX Thomas N. Kelley

Thpodorp .Ton Lponold Miamil*xld.llll, FLx Peter Lawrence Wechsler

lYTipVial Foy lVTivasair1T11 1 1 IVllVllCll 1 VJ.A \ ClOCVll 1Philadplnhia111C1H VT 1 J 11 CX 1

Vircrinia 1YT D'T ,pa V 11 t^llllCl 1T1 . V_/ l^CTCllvv\ V_/OaklandCA.rv.lCll 1 v l VjlCitvL > < IN111 Steve Barber

Williamv> iiiiciiii fr\jr. vcuui0nvnpii" vylOrlandolclllv.lU, FLA j_j John Milton Robertson Stephanie G. Ovadia Garden City, NY Jeffrey S. Lisabeth Daniel J. Pastore Erie, PA James Daniel McDonald, Jr. 608 MONDAY. APRIL 1. 1991

Applicant City and State Movant

Michael David Peck Houston, TX Dean J. Johnson George E. Powell Jr. Atlanta, GA Richard Paul Decker Michael H. Saul Marietta, GA Arthur L. Crowe, Jr. Conrad Bene Schafer Denver, CO Eugene Owen Rooke Eric J. Sinrod San Francisco, CA Barry L. Bunshoft J. Timothy Smith Birmingham, AL Howell Thomas Heflin Charles F. Smith Jr. Chicago, IL Susan Getzendanner Janet Scheel Stellpflug White Bear Robert H. Township, Schumacher Anthony J. Stewart Bedminster, NJ Brian D. Forrow Haven Tobias Oklahoma City, Murray E. OK Abowitz Joel B. Turner Louisville, KY Kenneth Jesse Tuggle Thomas Stewart Udall Santa Fe, NM Daniel Yohalem George Van Cleve Alexandria, VA Richard Burleson Stewart David Smith Wallace Muncie, IN Edwin E. Warner Stephen A. Weaver Los Angeles, CA Thomas F. Winfield, III Kent A. Yalowitz New York, NY Dennis G. Lyons David L. Ylitalo San Antonio TX Joel H. Pullen Jesus M. Zeno Brooklyn, NY Peter Albert McKay

Opinions

No. 89-5011. Larry Joe Powers, Petitioner v. Ohio. On writ of certio- rari to the Court of Appeals of Ohio, Franklin County. Judgment re- versed and case remanded to the Court of Appeals for further proceed- ings not inconsistent with the opinion of this Court. Opinion by Justice Kennedy. Dissenting opinion by Justice Scalia with whom the Chief Justice joins. No. 89-1671. City of Columbia and Columbia Outdoor Advertising,

Inc., Petitioners v. Omni Outdoor Advertising, Inc. On writ of certio- MONDAY. APRIL 1. 1991 609

rari to the United States Court of Appeals for the Fourth Circuit. Judg- ment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Dissenting opinion by Justice Stevens with whom Justice White and Justice Marshall join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Bruce E. Friedman Baltimore, MD Judge Sol J. Friedman Amy Michelle Friedman Los Angeles, CA Judge Sol J. Friedman Earl Thomas Cecil Los Angeles, CA Judge Sol J. Friedman Sussan Hermina Shore Los Angeles, CA Sean Francis O'Hagan Murphy Robert Mack Wheatley El Dorado Hills, Mark R. Joelson CA Eileen Cohen Billinson Washington, DC Kerry J. Hanlon A. Hinda Klein Miami, FL Kerry J. Hanlon Philip Matthew Giordano Boston, MA Kerry J. Hanlon Michael Gregory Luchkiw Hackensack, NJ Kerry J. Hanlon Steven Boyd Alderman Syracuse, NY Kerry J. Hanlon Scott A. Barbour Albany, NY Kerry J. Hanlon Gregory Barone Syracuse, NY Kerry J. Hanlon Daniel Peter Breen New York, NY Kerry J. Hanlon Barbara J. P. Ciuffa Kalamazoo, MI Kerry J. Hanlon Bradford Cooke New York, NY Kerry J. Hanlon James Guido Distefano Syracuse, NY Kerry J. Hanlon William John Fallon Syracuse, NY Kerry J. Hanlon Carolyn R. Friedman Syracuse, NY Kerry J. Hanlon Anthony Joseph Grizanti Syracuse, NY Kerry J. Hanlon Carl Franklin Guy Jr. Syracuse, NY Kerry J. Hanlon Michael Harlan Hoeflich Syracuse, NY Kerry J. Hanlon Donna L. Mackey Albany, NY Kerry J. Hanlon Donald J. Martin Syracuse, NY Kerry J. Hanlon David Parker Martin Syracuse, NY Kerry J. Hanlon 610 MONDAY. APRIL 1, 1991

Applicant City and State Movant

James Elliot Morris Rochester, NY Kerry J. Hanlon Howard D. Olinsky Oswego, NY Kerry J. Hanlon Salvatore J. Piemonte Syracuse, NY Kerry J. Hanlon Catherine Burns Quencer Watertown, NY Kerry J. Hanlon Jeffrey Wayne Rubin New York, NY Kerry J. Hanlon Mark E. Saltarelli Tonawanda, NY Kerry J. Hanlon Raymond Spafford Sant Cato, NY Kerry J. Hanlon David S. Sorce Rochester, NY Kerry J. Hanlon Betty L. Stevens Syracuse, NY Kerry J. Hanlon Thomas J. Vogt Syracuse, NY Kerry J. Hanlon Michael J. Wallace Syracuse, NY Kerry J. Hanlon Steven Neil Weisman New York, NY Kerry J. Hanlon Stewart L. Weisman Syracuse, NY Kerry J. Hanlon Lee Edwin Woodard Syracuse, NY Kerry J. Hanlon Franzetta Darlene Turner Cleveland, OH Kerry J. Hanlon James P. Fox Norristown, PA Kerry J. Hanlon

John Andre Langlois East Providence, Kerry J. Hanlon RI

Frederick G. Tobin Coventry, RI Kerry J. Hanlon Leonard Brodsky Brooklyn, NY John Richard Dunne Ethel Brown Fitzgerald Fonda, NY John Richard Dunne Ross M. Gadye New York, NY Jon Richard Dunne Joseph R. Gargano Brooklyn, NY John Richard Dunne Le'Roi Lionel Gill New York, NY John Richard Dunne Philip Mark Groner Brooklyn, NY John Richard Dunne Stephen C. Gutleber Brooklyn, NY John Richard Dunne Bernard Harrison New York, NY John Richard Dunne Deborah Pearl Henkin New York, NY John Richard Dunne MONDAY. APRIL 1. 1991

Applicant City and State Movant

Gregory Xavier Hesterberg Brooklyn, NY John Richard Dunne James Leon Hubbert New York, NY John Richard Dunne Thomas Theodore Kranidas Brooklyn, NY John Richard Dunne Jeffrey Elliott Levine New York, NY John Richard Dunne Jonathan Lawrence Mate New York, NY John Richard Dunne S. Hal Mercer IV Brooklyn, NY John Richard Dunne Claire Mullally New York, NY John Richard Dunne Kenneth C. Sutak New York, NY John Richard Dunne Lawrence Edward Wright Brooklyn, NY John Richard Dunne

X~* 1 i T 1 T™1 n • T Robert John Ellis Jr. Brooklyn, NY John Richard Dunne Jaffe Dean Dickerson Los Angeles, CA Daniel Robert Coquillette Camile Kamee Fong San Francisco, CA Daniel Robert Coquillette Brian James Donnell Hartford, CT Daniel Robert Coquillette Richard P. Healey New Britain, CT Daniel Robert Coquillette Mary J. Healey New Britain, CT Daniel Robert Coquillette Christopher James Sterritt Boston, MA Daniel Robert Coquillette Francis X. Barrett Lowell, MA Daniel Robert Coquillette Michael Wesley Naperville, IL Daniel Robert Boomgarden Coquillette Richard Paul Campbell Cambridge, MA Daniel Robert Coquillette 612 MONDAY. APRIL 1, 1991

Applicant City and State Movant

J W Parnpv Jr XJUoLUll,Ronton MAXTXxi. Dump]x_/dilici T-?xvUUCxnhpvtL

v^uL]f r\ri mllottoUlilCLLC

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VvULJi c\r\ mllottoUlilCLLC

KflthlppnIVu L 1 1 it: vTl 1 M±TX ChirrvVJ LAX X V Roston MA JlJDfimpl

VvULJUlllC L LC

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C,VVVJVJnn nLX111CLLCi 1 1 p 1 1 p

Ancni<;tn "F* CtVqpp Rnrlincrtnn Dpnipl Rnhpvt A IX ti Lio LU X . VJTX CXV_c. MA IvdlllCl IVUUCx L

VvUL]Ulilt:LLtr1 nnin llotto

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vvUL^LllllCLLC Djinipl T?nhpvt Hpnrv11C111 V FX-J . KnohlnrkIVllUUlULli XXXTTT xjuoLUH,Ronton xTX/nMA XVdlllCl XVUUCX L V^ULJUlllCLLCr^nnnillptfp

T~)j}nipl «JdlllCc) XTl. J-Jdllgdll t) x . J_>U£>LU11,Rn<;tnn MA1VX.T1 xydiiici Rnhpyfivuuci l

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xvUUCx L ijdWI elite XJCUIldlu ^nrincrfiplrl MA XVdlilClTiPinipl XVUUCXRnV»pvtL ^ULjUlllCLLCpAflllll lotto

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T? lilullldfe x I dilLlb xVxdxICl IJU&LulI,Rnctnn MAIVx-M TiQni'plxvdlllCl XVUUClnKpyfL

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xVfcJIlIlcLll .L/Cu lildldil xjUsRnctnnLUIl, xVx.rlMA IvdlllCl XVUUCl L Coquillette James W. Segel Boston, MA Daniel Robert Coquillette MONDAY. APRIL 1. 1991 6:

Applicant City and State Movant

Michael A. Sullivan Cambridge, MA Daniel Robert Coquillette Ronny Metz Sydney Boston, MA Daniel Robert Coquillette Walter T. Evans Rockville, MD Daniel Robert Coquillette Anne Cushing Magner College Park, MD Daniel Robert Coquillette Charles M. McCuen Philadelphia, PA Daniel Robert Coquillette William George Berkson Washington, DC Daniel Robert Coquillette Anthony A. McManus Dover, NH Daniel Robert Coquillette Edwin W. Schmierer Trenton, NJ Daniel Robert Coquillette William B. Sneirson Ridgewood, NJ Daniel Robert Coquillette Mustafa David Sayid New York, NY Daniel Robert Coquillette Audrey Freeman Jacobs Richmond, VA Daniel Robert Coquillette Eliot Norman Richmond, VA Daniel Robert Coquillette

Adjourned until Monday, April 15, 1991 at 10 o'clock.

(JOURNAL) FRIDAY. APRIL 12. 1991 615 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. 90-89. International Primate Protection League and its Mem-

bers, et al., Petitioners v. Administrators of Tulane Educational Fund,

et al. The application to recall and stay the mandate of the United States Court of Appeals for the Fifth Circuit and to reinstate the Dis- trict Court's injunction presented to Justice Kennedy and by him re- ferred to the Court is denied. The order, heretofore entered April 10, 1991, by Justice Kennedy, is vacated. Justice Scalia took no part in the consideration or decision of this application.

(JOURNAL) MONDAY. APRIL 15. 1991 617 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari — Summary Disposition

No. 90-1284. Intercontinental Life Insurance Company, Petitioner

v. Lou R. Lindblom. On petition for writ of certiorari to the Supreme Court of Alabama. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Alabama for further consideration in light of Pacific Mutual Life Insur-

ance Company v. Haslip, 499 U.S. (1991).

No. 90-6553. Norman R. Wood, Jr., Petitioner v. United States Postal Service. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certio- rari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further con- sideration in light of Irwin v. Department of Veterans Affairs, 498 U.S. (1990). Orders in Pending Cases

No. — . Anthony Grandison, Sr., Petitioner v. United States. The motion to direct the Clerk to file a petition for a writ of certiorari, out-

of-time, is denied.

No. A-747. Kidder, Peabody & Co., Inc., Applicant v. Maxus Energy Corporation, et al. The application for stay addressed to Justice O'Con-

nor and referred to the Court is denied.

No. 90-1485. In Re Juan Perales. The application for preliminary in- junction and expedited hearing addressed to Justice Marshall and re-

ferred to the Court is denied. No. D-933. In the Matter of Disbarment of Arnold L. Ross. Disbar- ment order entered.

No. D-935. In the Matter of Disbarment of Peter J. Antico. Disbar- ment order entered. 618 MONDAY. APRIL 15. 1991

No. D-945. In the Matter of Disbarment of Edward Emmet Heavy. Disbarment order entered. No. D-958. In the Matter of Disbarment of Walton Bishop Noble. Disbarment order entered.

No. D-969. In the Matter of Disbarment of Joseph J. Finkelstein. Jo- seph J. Finkelstein, of Miami, Florida, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on February 25, 1991, is hereby discharged.

No. D-974. In the Matter of Disbarment of Charles B. Bowers. Dis- barment order entered.

No. D-991. In the Matter of Disbarment of Edward C. LeLouis. It is ordered that Edward C. LeLouis, of Bakersfield, California, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-992. In the Matter of Disbarment of Dennis D. Crowley. It is ordered that Dennis D. Crowley, of Rye, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-993. In the Matter of Disbarment of Murray Berger. It is or- dered that Murray Berger, of Great Neck, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-994. In the Matter of Disbarment of John Stephen Crosley. It is ordered that John Stephen Crosley, of La Selva Beach, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 90-813. Houston Lawyers' Association, et al., Petitioners v. At- torney General of Texas, et al.: and

No. 90-974. League of United Latin American Citizens, et al., Peti- tioners v. Attorney General of Texas, et al. The motion of Florida Con- ference of Circuit Judges, et al. for leave to file a brief as amici curiae is granted. The motion of Pacific Legal Foundation for leave to file a brief as amicus curiae in No. 90-974 is granted. MONDAY. APRIL 15. 1991 619

No. 90-848. Kenneth Hilton, Petitioner v. South Carolina Public Railways Commission. The motion of petitioner to dispense with print-

ing the joint appendix is granted.

No. 90-7160. Donald Harry Mills, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is denied.

Petitioner is allowed until May 6, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33 of the Rules of this Court. Justice Marshall and Jus-

tice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Certiorari Granted

No. 90-1056. Charles W. Burson, Attorney General and Reporter

for Tennessee, Petitioner v. Mary Rebecca Freeman. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, granted.

No. 90-1279. Myra Jo Collins, Petitioner v. City of Harker Heights, Texas. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit granted.

No. 90-1205. United States, Petitioner v. Ray Mabus, Governor of

Mississipppi, et al.; and

No. 90-6588. Jake Ayers, et al., Petitioners v. Ray Mabus, Governor of Mississippi, et al. The motion of NAACP Legal Defense and Educa-

tional Fund, Inc. for leave to file a brief as amicus curiae is granted. The motion of 17 Afro-American students who formerly attended Uni-

versity of Mississippi for leave to file a brief as amicus curiae is granted. The motion of petitioners in No. 90-6588 for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit in No. 90-1205 is granted. The petition for a writ of certiorari to the United States Court

of Appeals Fifth Circuit in No. 90-6588 is granted limited to Questions

1 and 2 presented by the petition. The cases are consolidated and a total

of one hour is allotted for oral argument.

No. 90-6531. Keith J. Hudson, Petitioner v. Jack McMillian, et al. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. 620 MONDAY. APRIL 15. 1991 Certiorari Denied

No. 90-910. Kirk L. Whitcombe, Petitioner v. Weyerhaeuser Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-976. Anclote Manor Hospital, Inc., et al, Petitioners v. Law- rence J. Lewis. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1068. National Rifle Association, et al., Petitioners v. Nicho- las F. Brady, Secretary of Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1073. Marie M. McMahon, Petitioner v. Charles S. Trump, IV, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1076. Julius L. Chambers, Petitioner v. United States De- partment of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1080. Francis J. Bradac, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1106. Mike DeGeurin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1127. Railway Labor Executives' Association, et al., Petition- ers v. Interstate Commerce Commission, et al.; and Railway Labor Ex- ecutives' Association, Petitioner v. Interstate Commerce Commission and the United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1143. Precise Castings, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1151. T. Bruce Vest, et al, Petitioners v. Mahmoud Ziaee and John L. Sherlock; and

No. 90-1331. Mahmoud Ziaee, et al, Petitioners v. T. Bruce Vest, et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-1157. Todd Pacific Shipyards Corporation, et al., Petitioners i'. Director, Office of Workers' Compensation Programs, United States Department of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. APRIL 15. 1991 621

No. 90-1197. David L. Fitz, Petitioner u. Communications Workers of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1217. Shirley M. Rearing, Petitioner v. S. Martin Teel, Jr., Judge, United States Bankruptcy Court for the District of Columbia, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 90-1286. Jesse James Jenkins, aka Clarence Duke McGann, Peti- tioner v. Barnett Bank of Pensacola, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1288. Allan M. Thomann, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 90-1289. Allan M. Thomann, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 90-1294. Chicago and North Western Transportation Company,

Petitioner v. Nicholas G. Byron, Judge, Circuit Court of Madison County, Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-1295. William A. Cohn, Petitioner v. Ralph Shankman. Peti- tion for writ of certiorari to the Court of Appeals of Tennessee, West- ern Division, denied.

No. 90-1298. Amer Al-Zubaidi, Petitioner v. M. A. Ijaz, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1299. City of Milwaukee, Petitioner v. Cement Division, Na- tional Gypsum Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1301. George Hadges, Petitioner v. Yonkers Racing Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 90-1302. Colorado, Petitioner v. Idarado Mining Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1303. Barry Massey, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied.

No. 90-1304. Orlando Coriz, Jr., By And Through Next Friends Or- lando Coriz, et ux., Petitioners v. Arthur Martinez and Carlos Guillen. 622 MONDAY. APRIL 15. 1991

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 90-1305. Ernest Berger, Personal Representative of the Estate of Sheila Berger, Petitioner v. Personal Products, Inc., aka or merged with Johnson & Johnson Baby Products, et al. Petition for writ of cer- tiorari to the Supreme Court of Washington denied.

No. 90-1309. General Electric Company, et al.. Petitioners v. Mary Alice Knight, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1314. Marvin L. Warner, Petitioner v. Ohio; and David J.

Schiebel, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-1315. Henry A. Fletcher Sr., et ux., Petitioners v. District

Board, United Pentecostal Church-Texas District, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied.

No. 90-1317. Hope Evangelical Lutheran Church, Petitioner v. Iowa Department of Revenue and Finance. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-1318. Robert E. Hoover, Petitioner v. Armco, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-1319. St. Louis Southwestern Railway Company, Petitioner v. Dennis Quails. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 90-1322. Snow Mountain Pine Company, Petitioner v. Public

Utility Commission of Oregon, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-1325. Unelko Corp. and Howard G. Ohlhausen, Petitioners v. Andy Rooney and CBS, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1326. Douglas N. Washburn, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 90-1328. Graff Trucking Company, Inc., Petitioner v. Frank J. Kelley, Attorney General of Michigan, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1329. Hanjin Container Lines, Inc., Petitioner v. Tokio Ma- rine & Fire Insurance Company, Ltd., et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. APRIL 15. 1991 623

No. 90-1332. Leonard Cohen, Petitioner v. Ernestine Berger. Peti- tion for writ of certiorari to the Court of Appeals of New York denied.

No. 90-1334. James Clifton Walsh, Petitioner v. Virginia; and James

C. Walsh, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 90-1335. Kenneth P. Nolan, Administrator of the Estate of Jean

Johnson and Vernon T. Judkins, Petitioners v. Boeing Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1339. Vulcan Equipment Company Limited, Petitioner v. Century Wrecker Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1343. Robert Lee Bond, Petitioner v. St. Joseph's Hospital,

Inc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied.

No. 90-1348. Brian L. Smith, Petitioner v. Town of Eaton, Indiana, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 90-1358. Willie Oden, Louise Brand, William Jennings and Lloyd

Perrin, Petitioners v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1374. Donald J. Treshman, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eleventh Dis- trict, denied.

No. 90-1383. J. R. Verdugo, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-1392. William E. Currier and Robert C. Braun, Petitioners v. Charles J. Baldridge and Robert Dale Osborn, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1393. William Kuntz, III, Petitioner v. City of Dayton, Ohio, et al.; and William Kuntz, III, Petitioner v. City of Dayton, Ohio, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Mont- gomery County, denied.

No. 90-1426. Clarence Turnage, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 624 MONDAY, APRIL 15. 1991

No. 90-1439. Mohab Dimyan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-1453. Richard DeSciscio, Petitioner v. United States; and

John G. Derrico, Petitioner v. United States; and Frank Daniello, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5946. John Albert Hinchey, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 90-6179. Yolanda Candelas, Petitioner!'. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6328. Carl Leibowitz, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6406. James Christopher Pugh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6423. George E. Moore, Petitioner v. United States; and

No. 90-6460. Charles R. Morse, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6463. Fred Mabery, Petitioner v. Daniel Senkowski, Superin- tendent, Clinton Correctional Facility, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6511. Phillip Gregory Tate, Petitioner v. Terry L. Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6615. Clivous Sherman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6655. John Robert Demos, Jr., Petitioner v. Booth Gardner, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-6674. Charles Anderson Miller, Petitioner v. Daniel B.

Vasquez, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, APRIL 15. 1991 625

No. 90-6749. Juliet Ellery, Petitioner v. Grossmont Union High

School District, et al. Petition for writ of certiorari to the Court of Ap- peal of California, Fourth Appellate District, denied.

No. 90-6769. Walter Leroy Moody, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6803. Ron B. Crossfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 90-6849. John George Sahhar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7043. William Ford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7051. Alexander Ljachin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7090. Michael Raymond Weatherford, Petitioner v. Robert Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7101. Lamberto Lucarelli, Petitioner v. Giovanni Sinicropi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7103. James Edmond Watts, Petitioner v. Douglas L. Wilder,

Governor of Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7105. Byron Stevens and William D. Smith, Petitioners v.

Aaron J. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7107. Thomas Read, et ux., Petitioners v. Charles Duck, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7108. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-7112. John Laskaris, Petitioner v. James Morgan, Acting Su- perintendent, State Correctional Institution at Pittsburgh, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 626 MONDAY. APRIL 15. 1991

No. 90-7113. Donald Brooks, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7118. Isaac Thomas, Petitioner v. New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7121. David Spicy, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-7127. Willard Lester England, Jr., Petitioner v. Pennsylva- nia. Petition for writ of certiorari to the Supreme Court of Pennsylva- nia, Eastern District, denied.

No. 90-7136. Arthur Lee Ford, Petitioner v. William Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7137. Robert Pacula, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 90-7139. Billcan Scott, Petitioner v. Eric C. Dahlberg, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7141. Peter Silverbrand, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-7143. Thomas Wilson, Petitioner v. Harold Clarke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7145. Joseph A. Bettistea, Jr., Petitioner v. Michigan. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-7146. Richard L. Chandler, Petitioner v. Rachel Chandler, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-7153. Michael Shemonsky, Petitioner v. Camden County Pro- bation. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-7154. Michael Shemonsky, Petitioner v. Office of Thrift Su- pervision. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7156. Shane Venkatesan, Petitioner v. Charles White, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. APRIL 15. 1991 627

No. 90-7158. David Raymond Andrews, Petitioner v. Nevada, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7164. Jerome P. Lyons, Petitioner v. Holmes International,

Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7169. Marvin Leon Grimm, Jr., Petitioner v. Edward Mur- ray, Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-7170. S. Sharif Abdulrahman, Petitioner v. Ronald Warnsley, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-7174. Rudolph John Hoff, Petitioner v. Walter R. Kelly, Su- perintendent, Attica Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7177. Irene Henderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7184. Glenard Sherman Clayton, Petitioner v. Oklahoma. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

No. 90-7186. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-7194. Donald Smith, Petitioner v. Calgon Carbon Corporation and Merck & Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7195. Randall Barry Saksek, Petitioner v. Raymond Clymer, Deputy Commissioner, Eastern Region, Pennsylvania Department of

Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7196. George Sassower, Petitioner v. New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7201. Ricardo Borroto and Estella Borrotto, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7202. Marvin George Blake, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of California, County of Los Angeles, denied. 628 MONDAY. APRIL 15. 1991

No. 90-7205. James Duke Creel, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7206. Louise Mahan, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.

No. 90-7209. Columbus Southerland, Petitioner v. Samuel Crocker. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7212. Ronny Joe Lane, Petitioner v. Supreme Court of Texas. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-7213. Robert E. Hampton, Petitioner v. Dave Davies, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7223. Frank Barela, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7230. James Edward Wagner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7231. William K. Elrich, Petitioner v. Union Dime Savings

Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7234. Thomas Vetere, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7250. James Russell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7251. Earl Samuel Stuart. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7257. Terrence Carter. Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-7260. Janet Lea Ball. Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. MONDAY. APRIL 15. 1991 629

No. 90-7262. Carolyn Simmons, Petitioner v. John 0. Marsh, Secre- tary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7263. Vena Lasalle Culliver, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7265. Rita Ann Wayno, Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-7266. Edgar Salas Gonzalez-Fernandez and Jesus Francisco

Duarte, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7267. Richard Savage, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7270. Kenneth Lee Payton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7271. Philip Quinones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-7274. Renzalo Melton, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 90-7277. Clarence Hayes, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-7278. Zorayda Garcia-Rojas, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7280. Daniel Esperiqueta, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7285. Keith Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7300. Estanislao Correa de Jesus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. 630 MONDAY. APRIL 15. 1991

No. 90-7301. Antonio Cueto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7302. Dennis Gross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7307. Dennis Craig Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7308. Roderick Eric Thornton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7311. Arturo Delgadillo, Petitioner v. Jerry- Bunting, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7313. Charles Murphy Gillis, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7314. John B. McGee, Petitioner v. Robert G. Redman, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-7316. Sergio Gongora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7326. Terrance Kenneth Provost, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-7328. Climaco Zuniga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7329. Darrell A. Bowman, Petitioner v. General Harleston,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7335. Connie Lynn Casarez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7341. Alexis Telesford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. APRIL 15. 1991 631

No. 90-7342. Ervin Whitt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7346. Raphael Vasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7352. Kevin Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7354. Ottis Williams, Petitioner v. James A. Collins, Direc- tor, Texas Department of CriminalJustice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7357. Leocadio Coello-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-7359. Mario Diaz-Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7363. William W. Hancock, Petitioner r. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7364. Olin Bradfield Kicklighter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7366. Mary Cynthia Hogan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7369. Joseph W. Cecil, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7379. John B. Dempsey, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Court of Appeals of Massachusetts denied.

No. 90-7383. Walter Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7387. Henry Louis Michel, Jr., Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Di- 632 MONDAY. APRIL 15. 1991 vision. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-7388. Creadell Hubbard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7391. Mohammad Wazir Khan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7402. Mary Jean McQuarie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-802. William M. Kunstler, Petitioner v. Joe Freeman Britt, et ah;

No. 90-807. Lewis Pitts, Petitioner v. Joe Freeman Britt, et al.; and

No. 90-1094. Barry Nakell, Petitioner v. Joe Freeman Britt, et al.

The motion of Washington Legal Foundation, et al. for leave to file a brief as amici curiae is granted. The motion of North Carolina Trial

Lawyers for leave to file a brief as amicus curiae is granted. The motion of Benjamin R. Civiletti, et al. for leave to file a brief as amici curiae in

No. 90-802 is granted. The motion of Louis Nizer, et al. for leave to file a brief as amici curiae in No. 90-802 is granted. The motion of National

Council of Churches of Christ, et al. for leave to file a brief as amici curiae in No. 90-807 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1282. Rehab Amer, et vir, Petitioners v. Department of So- cial Services. The motion of respondent minor children for leave to pro- ceed in forma pauperis without an affidavit of indigency is granted. Pe- tition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-1293. Gene Scroggy, Warden, Petitioner v. Paul Korden- brock. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6614. James Rodden, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting state- ment by Justice Marshall.

No. 90-7116. Charles Lamont Robins, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. Dissent- ing statement by Justice Marshall.

No. 90-7080. Lester Leroy Hummer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for MONDAY. APRIL 15. 1991 633 the Fourth Circuit denied. Justice Blackmun took no part in the consid- eration or decision of this petition.

Habeas Corpus Denied

No. 90-7386. In Re Oren Gene Gamble, Sr., Petitioner. The petition for writ of habeas corpus is denied.

Rehearings Denied

No. 90-901. Donald K. Alexander, Petitioner v. Evans & Dixon Law Firm, et al.;

No. 90-1057. Marcie Mclntire, Petitioner v. Minnesota, et al.;

No. 90-1085. Alfred Giuffrida, Petitioner v. United States;

No. 90-1103. Lynn Beaucoudray, et vir, Individually and on Behalf of their Minor Child, Ann Mary Kelty, Petitioners v. Douglas D. Green, et al.;

No. 90-6012. Otis Dolphin, Jr., Petitioner v. Mr. Phipps and The Jockey Club;

No. 90-6048. David Ware, Petitioner v. Missouri;

No. 90-6120. Andrew Maurice Maryland, Petitioner v. Larry W. Huffman, Warden, et al.;

No. 90-6127. Jerry Allen Taylor, Petitioner v. T. K. International, Inc., Shopmen's Local 620 Union;

No. 90-6128. Jerry Lee Word, Petitioner v. United States;

No. 90-6266. Ryan Michael Marshall, Petitioner v. California;

No. 90-6515. Warren Reginald Stevenson, Petitioner v. Maryland;

No. 90-6544. Elmer Leon Peterson, Petitioner v. North Carolina Pa- role Commission, et al.;

No. 90-6593. Norman Cowart, Petitioner v. Texas;

No. 90-6605. Arnold D. Mackey, Petitioner v. Michigan, et al.; No. 90-6634. In Re William Kleinschmidt, Petitioner;

No. 90-6663. Richard Raymond Ramirez, Petitioner v. California;

No. 90-6668. Fred Lawrence Robinson, Petitioner v. Arizona;

No. 90-6686. George Hawkins, Petitioner v. Columbia First Federal Savings and Loan Association;

No. 90-6711. Lawrence Alfred Landrum, Petitioner v. Ohio;

No. 90-6722. Deborah Byrne, Petitioner v. United States;

No. 90-6724. Terry Turner, Petitioner v. Harold Falk, Director, Ha- waii Department of Corrections, et al.; 634 MONDAY. APRIL 15. 1991

No. 90-6765. Carson Lynn Brown, Petitioner v. Theodore H. Koehler;

No. 90-6801. Olakunle 'Lanre Arigbede, Petitioner v. United States;

No. 90-6884. Wallace Clemons, Petitioner v. Patrick Arvonio;

No. 90-6944. Gerald Davis Fuller, Petitioner v. Warden, Maryland Penitentiary; and

No. 90-7036. Donald Alan Welky, Petitioner v. John Prelesnik, War- den. The petitions for rehearing are denied.

Order

It is ordered that William V. Gullickson be, and he is hereby, ap- pointed Deputy Clerk of this Court, effective April 15, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

David Steven Abeyta Sr. Santa Clara Richard W. Pueblo, AZ Hughes Charles R. Andres Branford, CT William Robert Murphy Donald J. Anzelmo Monroe, LA Brian Evan Crawford Robert Harold Askounes Syracuse, NY Thomas Joseph Ashford Maroney Robert T. Bass Austin, TX James P. Allison George Daniel Blizzard II Madison, WV David D. Johnson Meric Craig Bloch New York, NY Wr ayne Charles Matus Carey B. Boethel Austin, TX James P. Allison Nancy A. Bolger Port Washington, Jeanne P. Bolger NY Albert J. Boro Jr. San Francisco, CA Jeffrey Ives Glekel Herbert W. Brewer Jr. Birmingham, AL David S. Luker George Eric Brunstad Jr. Glastonbury, CT Edward F. Hennessey Elaine M. Buckley Boston. MA John P. Linehan George W. Byrne Jr. New Orleans, LA Louis J. Cosenza MONDAY. APRIL 15. 1991 635

Applicant City and State Movant

Larry Delano Card Anchorage, AK Douglas Pope Donald A. Casper San Francisco, CA Alan Simon Steven T. Catlett Columbus, OH Honorable Kenneth Winston Starr, Solicitor General of the United States Thomas Norman Cochran Chapel Hill, NC Eugene Gressman James L. Conlogue Bisbee, AZ Robert Frederick Arentz Michael Gene Cosby Waco, TX Aubrey Roe Williams John G. Cotsirilos San Diego, CA Alexander Louis Landon Alan Cruikshank Rochester, NY Howard Ring Relin Christine Stebbins Dahl Miami, FL Jose R. Garcia- Pedrosa Deborah A. DeLambert San Francisco, CA S. Chandler Visher Peter Anthony Del Vecchio Tokyo, Japan Daniel Robert Coquillette Lavinia Keefer Dierking Orlando, FL Robert Dyer Neil L. Durrance Denton, TX Richard Stanley Podgorski John D. Ellis Window Rock, AZ Richard W. Hughes Richard Lee Fanyo Denver, CO Robert F. Welborn Andrea Bear Field Washington, DC Henry Vernon Nickel Neil J. Fogarty Jersey City, NJ Rachel Pauline Roat Jane B. Forbes Franklin, TN Keith M. Lundin George Thorstein Freeman Anchorage, AK R. Collin Middleton J. William Gagne Jr. Hartford, CT William Saxe Zeman 636 MONDAY. APRIL 15. 1991

Applicant City and State Movant

Stephen H. Galebach Gaithersburg, MD George R. Grange, II William Goldstein Bensalem, PA Edward H. Rubenstone Lyndi Gordon Tampa, FL John C. Revis Michael M. Greenburg Framingham, MA Howard L. Newell Javier P. Guajardo Austin, TX Renea Hicks Clifford Robert Haggenjos Milwaukee, WI Mark James Jr. Mingo Harold Martin Haider Santa Barbara, Charles Steven CA Bargiel Lynn Ellen Hall Los Angeles, CA Bernard Samuel Kamine Charles Rex Hall Jr. Austin, TX James P. Allison Richard Bernard Hauser Willard, OH Richard Standish Lynch Lesley Anne Fleetwood Los Angeles, CA John Albert Hawes Graham Robert F. Hawk Butler, PA William C. Robinson Roger E. Hawkins Los Angeles, CA Matthew Horway Witteman Mark Jensen Headley New York, NY Marvin E. Frankel

Robin Lund Henrie Helena, MT Robert J. Brooks Everett Kenneth Hobson Washington, DC Brenda Dolores Winckle Gladd Norma Elizabeth Hobson Washington, DC Nancy Tyler Bernstine E. W. Holiner San Antonio, TX Raymond Edward Taylor

Tim Humphries Little Rock, AR Frank J. Wills Lewis F. Jacobsen Riverside, CA Edward Leland Mackey Bram Lee Jacobson Phoenix, AZ Fredric F. Kay Luther Jones El Paso, TX Luther E. Jones, Jr. O . 1

MONDAY. APRIL 15. 1991 637

Applicant City and State Movant

OLUll oUllOoUIl ±PortlandUI LictilLl, WlvOR R. Marc Kantrowitz Boston, MA David Walter

.LvU W IlCo James Francis Keegan Bellaire, TX Jack M. McKinley

Inn n T a r» L- c n ki xVc\ 111 Hi. IYUL11 Ivdllbds vvll V , XV dUllll dd.Ln.sUH Yates

I /-\ 7- /~\ i 1 ai*a o i-< Ion 1 ua v iu .Benjamin ivopei uen\ er, jjoioi es jjianKe Kopel j onn r rancis xvosiyo r maia} , un oiepnen uari Betts Thomas P. Kurt Toledo, OH Frederick Hill

ItMpDnrmlHA K, LJ VJ 1 1 dHI

i-igana, vjuam, rviiure V\

ItJX V^UHIlCll Gayle wiiiiam jay i^amping jr. r armmgxon runs, ivooerc v

1V11 ucv liiUUx iviai k j-/anaes LvOiumous, uri Charles Ensign Brant

VV llllcull lVllLIldcl ijablcjv west raim oeacn, rucnaru oen FL Greene William Randall Light Lynchburg, VA Arthur Beverly

-L'a.VlCo, 111 Michael J. Lockerby Richmond, VA Thomas G. Slater, Tr

William Soaper Lockett Jr. Knoxville, TN Penny J. White

J-jllbct IVldlUll .L^dlldis, 1 J\. ILiIIlUItrt: v^Ildl lea XjcUoUIc Christopher M. Malone Richmond, VA Charles Wayne L/d Ugllllll Donna Marianetti Rochester, NY Charles L. Willis

/inarew w . ividKie\ r\.lieilLO W 11, in ivUDcrL r rariLis

I UI till

Aristotlp R Mat^a Columbus OH UWUluLouis aAbraham1 UI LAI X CI A 1 Jacobs Keith Hardy McCown Boston, MA William F. Joy Jean Elizabeth McEwen Boston, MA Zygmunt Jan Broel Plater 638 MONDAY. APRIL 15. 1991

Applicant City and State Movant

PhiliD Randolnh Meade Seattle WA Thomas Stpnhpn Foley

Marc R. Miller Champaign, IL William J. Brinkmann Nelson P. Miller Ann Arbor, MI Peter A. Davis Stephen Robert Miller Kansas City, MO Richard W. Miller Richard J. Molin Chico, CA Harry M. Marsh Nancy Bunn Murnighan Chicago IL Carol A Brook

.Tjimpt; , cViin uaiiico "Rdwuvdiju vv cu u Miit*yitiui i ahv\ Wa»» aoiiiiigi/ull,crtnn l/vjT)C*. Alpxandpr Dombi Ellen R. Nadler New York, NY Marvin E. Frankel Rayburn M. Nail Jr. Sherman, TX James Ray Fry Judith Mack O'Donohoe Charles City, IA Christopher F. O'Donohoe Timothy J. O'Shaughnessy New York, NY Fay Leoussis Lynda Troutman O'Sullivan Washington, DC Gene Perry Bond

Rafael M. Oropesa Hialeah, FL .1—David' * IV* ITllVllUvlMichael Sostchin

Christopher M. E. Painter Washington, DC Richard J. Wertheimer W. Henry Parkman Atlanta, GA Charles Wilson DuBose

William G Paulus Salem OR DavidIS Ct V 1 Vl BJJt Frohnmayer Gale Ciceric Payne Fort Lauderdale, Jose A. Gonzalez, FL Jr. David Charles Payne Austin, TX James P. Allison

John W Polk Arlinelon± XI 111 tvll^ VA» A A Jack Peter Janetatos

frPPOYYPVVJI Ctl/1 V XV.K J.Pr^lttJ. CILL Middletown OH Matthew J. Crehan Albert Ramseyer Glendale, CA Frederick R. Bennett Douglas Macrae Rather Tulsa, OK Tony W. Haynie Kenneth Edward Rechtoris Chicago, IL Francis J. Higgins MONDAY. APRIL 15. 1991 639

Applicant City and State Movant

Henry R. Reeve Corona Del Mar, TA^i11irir-v-\wiiiiam nunT-Ti"iv»f CA Thomas L. Riesenberg Washington, DC Paul Gonson Randell C. Roberts Tyler, TX Charles H. Clark r>ruce ij. xvODerts TVlovlyier, TYia vendues n. v^iaiK

nn' i\ir i Donald M. Rose Rolling Meadows, Jack M. Siegel TT 1J_j Cynthia Schaffer Minneapolis, MN Burton Gregory rwosenuiaii Ross lYdl/IllCCll XvUoo J_>ctl I lllg LUI1, 1 J-j ddLlS. 1V1. OlC^Cl

Williorn T PncVi IdLUIIld, VV r\. V CI I1UI1 VV . Harkins Stephen Shay Samples Birmingham, AL Roscoe B. Hogan

JUI1I1 r. oLOlfcilldlU V^IllLdgO, 1.L/ r rdiicis o . niggins Rita Margaret Shair riamden, Li Vincent Jame Ferraro Myer 0. Sigal Jr. New York, NY Roy L. Reardon

John William Simon Jefferson City, jonn ivi. Morris, MU TTT111 Robin A. bmitn Kalamazoo, MI Richard L. Halpert Paul Allan Sortland Golden Valley, William Denis MN Turkula

/~\ 1 • TT Frederick Jay Sperling Chicago, IL Richard Jerold Hoskins Matt Julian Steiner Los Angeles, CA Bernard Samuel Kamine xinarew iviarun oiepnens ijexingxon, ivi james j\. onuiien

ndiLiuiu, vi JUScpil I. Lieberman

i ea i ayior r rativine, a.l Roger S. Morrow Leah 0. Taylor Birmingham, AL Wesley Romine Thomas Alan Taylor Dallas, IX Ronald Owen nuiiiia.li John Mark Thomas Dearborn, MI Malcolm E. Wheeler Manuel Tijerina Santa Fe, NM Marian Matthews .

640 MONDAY. APRIL 15. 19M

Applicant City and State Movant

Peter J. Tucci rnilacielpnia, r A Michael L. Browne

Philip v estevich iDloomnela riillb, Kooert V 1Y11MT Seymour Barbara E. Vicevich Miami, r L w llliam J Polln-cki' TTT ijranwe\ , ill Louis Bennett Vogt Washington, DC Salvatore F. Fiscina Peter Anders Von Mehren Washington, DC James E. Coleman, Jr.

• Lisa Wemstem Chicago, IL (jrerarcl L,. Smetana james a. we^i riousion, ia vv imam r>enjamin

nouse, ji . "Hariri M "PKol rticnaiQ ri. v\ esiiaii uen \ ei , uw ua\ ici ivi. H/Dei

Michael W ayne Whisonant Birmingham, AL jjiiiv Li. r>aineii

Kric Willard oania r e , in m Richard Henry

lviiiit;!

isai oara i\aime wiinamb wasningxon, jjl^ nan ivi. rial lam

\A/illiQ'm 1-1 \A rilTV, QT"n Ri'nr'o T^ T Ditmon VV llllcull VJ. VVUll.Ld.IIl r I cllljvllll, ivil Xji Ulc 1 . i-ztrlLIIlctll i5odo\ u. womDies Lexington, KY Louie Broady Nunn Raymond F. Wu Los Angeles, CA Keung Wong Perfecto Rivas Yasay Jr. New York, NY Primitivo Riego De Leon Thomas H. Young Denver, CO Hubert A. Farbes, Jr.

Admissions to the Bar on Oral Motions

Applicant City and State Movant John Howard Coble Greensboro, NC Joe Don Brown Floyd Kimberly Hayes Floyd High Point, NC Joe Don Brown Floyd Donald Ray Vaughan Washington, DC Joe Don Brown Floyd Christine Adrienne Desan- Washington, DC Edwin Smiley Husson Kneedler MONDAY. APRIL 15. 1991 641

Applicant City and State Movant

Robert Franklin Brown Dallas, TX Kent Stanley Hofmeister Steven T. Walther Reno, NV D. Brian McKay Dennis C. Brown Los Angeles, CA Elizabeth Anne Spurlock Laura Cheger Barnard Lapeer, MI E. Raymond O'Malley Linda Saoud Hallmark Birmingham, MI E. Raymond O'Malley William Dean Adkins Liberty, MO Donald Michael Barnes David R. Hassan Liberty, MO Donald Michael Barnes Teresa M. Terry Liberty, MO Donald Michael Barnes Oral Arguments

No. 90-5538. Zakhar Melkonyan, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Argued by Mr. Brian Wolfman for the petitioner and by Mr. Clifford M. Sloan for the respondent.

No. 89-1836. Dominic P. Gentile, Petitioner v. State Bar of Nevada. Argued by Mr. Michael E. Tigar for the petitioner and by Mr. Robert H. Klonoff for the respondent.

No. 90-659. Keith R. Gollust, et al., Petitioners v. Ira L. Mendell, etc., et al. Argued by Mr. Edwin B. Mishkin for the petitioners, by Mr. Irving Malchman for the respondents, and by Mr. James R. Doty for the Security and Exchange Commission, as arnicas curiae, in support of respondents, by special leave of Court.

No. 90-34. Exxon Corporation, Petitioner v. Central Gulf Lines,

Inc., et al. Argued by Mr. Armand Maurice Pare, Jr., for the peti- tioner, by Mr. Stephen L. Nightingale for the United States, as amicus curiae, in support of petitioner, by special leave of Court, and by Mr. Francis A. Montbach for the respondents.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. APRIL 16. 1991 643 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-7024. Warren McCleskey, Petitioner v. Walter D. Zant, Su- perintendent, Georgia Diagnostic & Classification Center. On writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit. Judgment affirmed. Opinion by Justice Kennedy. Dissenting opin- ion by Justice Marshall with whom Justice Blackmun and Justice Ste- vens join.

No. 90-29. Timothy J. Leathers, Commissioner of Revenues of Ar- kansas, Petitioner v. Daniel L. Medlock, et al.; and

No. 90-38. Daniel L. Medlock, et al., Petitioners v. Timothy J.

Leathers, Commissioner of Revenues of Arkansas, et al. On writs of certiorari to the Supreme Court of Arkansas. Judgment affirmed in part, reversed in part, and cases remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Marshall with whom Justice Blackmun joins.

No. 90-79. Richard B. Kay, Petitioner v. Bremer Ehrler and Ken- tucky Board of Elections. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Stevens.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Rona F. Feit Washington, DC David L. Shapiro Robert Samuel Leo Dennis, MA Francis John Lorson Jean Malcolm Aylesworth Miami, FL George Nathan Aylesworth Peter Gallaudet Powers Washington, DC Theodore B. Olson James Daniel Douglas Falls Church, VA Theodore B. Olson Mary Patricia Hesse Wichita, KS W. Thomas Gilman 644 TUESDAY. APRIL 16. 1991

Applicant City and State Movant

Matthew Christian Hesse Wichita, KS W. Thomas Gilman John Michael Morris Wichita, KS W. Thomas Gilman Laurie B. Williams Wichita, KS W. Thomas Gilman

Oral Arguments

No. 90-906. Metropolitan Washington Airports Authority, et al., Pe-

titioners v. Citizens for the Abatement of Aircraft Noise, Inc., et al. Argued by Mr. David L. Shapiro for the respondent, United States, supporting petitioners, by special leave of Court, by Mr. William T. Coleman, Jr., for the petitioners and by Ms. Patti A. Goldman for the

respondents Citizens for the Abatement of Aircraft Noise, Inc., et al.

No. 90-693. Curtis Reed Johnson, Petitioner v. Home State Bank. Argued by Mr. W. Thomas Gilman for the petitioner and by Mr. Calvin Dee Rider for the respondent.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. Argued by Ms. Marian Matthews for the defendant New Mexico, by Mr. Paul Elliott for the plaintiff Texas and by Mr. R. Thomas Lay for the plaintiff Oklahoma.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL i WEDNESDAY. APRIL 17. 1991 645 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall. Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1647. Carnival Cruise Lines, Inc., Petitioner v. Eulala Shute, et vir. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Ste- vens with whom Justice Marshall joins.

No. 89-1598. Eastern Airlines, Inc., Petitioner u. Rose Marie Floyd, et vir, et al. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment reversed. Opinion by Justice Marshall.

No. 89-1926. United States, Petitioner v. Centennial Savings Bank FSB (Resolution Trust Corporation, Receiver) On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed in part, reversed in part, and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Justice White joins in Parts I and III of this opinion, and Justice Blackmun joins Part III. Opinion by Justice Blackmun with whom Justice White joins concurring in part and dissenting in part in No. 89-1926, and dissenting in No. 89-1965, post.

No. 89-1965. Cottage Savings Association, Petitioner v. Commis- sioner of Internal Revenue. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed and case re- manded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Opinion by Justice Blackmun, with whom Justice White joins, concurring in part and dissenting in part in No. 89-1926, ante, and dissenting in No. 89- 1965. 646 WEDNESDAY. APRIL 17. 1991

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Roslyn Little Carter Verona, NJ Richard A. Zimmer Paula Sara Levy Verona, NY Richard A. Zimmer

Richard I. Friedman Verona, NJ Richard A. Zimmer Lewis P. Sengstacke Montclair, NJ Richard A. Zimmer Patrick Jay McDivitt Washington, DC Francis John Lorson Stefani McDivitt Washington, DC Francis John Lorson Guy N. Ormes Santa Ana, CA Douglas Ross DanielJ. Clifford III Philadelphia, PA Henry Hardy Perritt, Jr.

W. Todd Miller Washington, DC Donald I. Baker Barbara Ann Horowitz Los Angeles, CA Theodore B. Olson Brent Charles Tufeld Los Angeles, CA Theodore B. Olson Howard J. Krongard New York, NY Theodore B. Olson

Oral Arguments

No. 90-6282. Daniel Touby, et ux.. Petitioners v. United States. Ar- gued by Mr. Joel I. Klein for the petitioners and by Mr. Jeffrey P. Minear for the respondent. No. 89-1895. Astoria Federal Savings and Loan Association, Peti- tioner r. Angelo J. Solimino. Argued by Mr. Paul J. Siegel for the peti- tioner, by Mr. Leonard N. Flamm for the respondent, and by Ms. Amy L. Wax for the United States, as a uncus curiae, pro hoc vice, support- ing respondent, by special leave of Court.

Adjourned until Monday, April 22, 1991 at 10 o'clock. x (JOURNAL) MONDAY. APRIL 22. 1991 647 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 88-7301. Robert William Gorman, Petitioner v. Maryland. On petition for writ of certiorari to the Court of Appeals of Maryland. The motion of petitioner for leave to proceed in forma pauperis and the pe- tition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Appeals of Maryland for further consideration in light of Powers v. Ohio, 499 U.S. (1991).

No. 89-6271. Quang Ngoc Bui, Petitioner v. Alabama. On petition for writ of certiorari to the Supreme Court of Alabama. The motion of peti- tioner for leave to proceed in forrna pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is re- manded to the Supreme Court of Alabama for further consideration in light of Powers v. Ohio, 499 U.S. (1991).

No. 90-213. Louis A. LaRaia, Petitioner v. Pennsylvania. On peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Pitts- burgh Office. The petition for writ of certiorari is granted. The judg- ment is vacated and the case is remanded to the Superior Court of Pennsylvania, Pittsburgh Office, for further consideration in light of

Powers v. Ohio, 499 U.S. (1991).

No. 90-904. Miami Herald Publishing Company, et al., Petitioners v. Department of Revenue, et al. On petition for writ of certiorari to the Supreme Court of Florida. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme

Court of Florida for further consideration in light of Leathers v. Med- lock, 499 U.S. (1991).

No. 90-1222. Carnival Cruise Lines, Inc., Petitioner v. Superior Court of California, County of Los Angeles, (Mildred Williams, et al, Real Parties in Interest). On petition for writ of certiorari to the Court of Appeal of California, Second Appellate District. The petition for writ of certiorari is granted. The judgment is vacated and the case is re- 648 MONDAY. APRIL 22. 1991 manded to the Court of Appeal of California, Second Appellate District, for further consideration in light of Carnival Cruise Lines, Inc. v. Shute, 499 U.S. (1991).

No. 90-1369. AMCA International Finance Company, et al, Peti- tioners v. Steven K. Hilgedick, etc., et al. On petition for writ of certio- rari to the Court of Appeal of California, First Appellate District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, First Appel- late District, for further consideration in light of Pacific Mutual Life Insurance Company v. Haslip, 499 U.S. (1991).

No. 90-1371. William Stephenson, Petitioner v. McLean Contracting Company, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petition for writ of certio- rari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of McDermott International, Inc. v. Wilander, 498 U.S. (1991).

No. 90-5491. Edwin David Congdon, Petitioner v. Georgia. On peti- tion for writ of certiorari to the Supreme Court of Georgia. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Georgia for further consideration in light of Powers v. Ohio, 499 U.S. (1991).

Orders in Pending Cases

No. A-751. D. Georgiou, Applicant r. George A. Gauthier. The appli- cation for stay addressed to Justice Blackmun and referred to the Court is denied.

No. A-771. John J. Joubert, IV, Applicant v. John R. McKernan, Jr.,

Governor of Maine, et al. The application for stay of mandate of the Supreme Judicial Court of Maine addressed to Justice Marshall and re- ferred to the Court is denied. No. D-964. In the Matter of Disbarment of Howard Alan Levine. Disbarment order entered. No. D-968. In the Matter of Disbarment of James Cannon, Jr. Dis- barment order entered.

No. D-995. In the Matter of Disbarment of James Russell Tucker. It is ordered that James Russell Tucker, of Dallas, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable MONDAY. APRIL 22. 1991 649 within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-996. In the Matter of Disbarment of Glenn Arnold Bergmann. It is ordered that Glenn Arnold Bergmann, of Denver, Colorado, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. 90-456. William K. Reilly, Administrator, Environmental Pro- tection Agency, et al., Petitioners v. Roberta Delaney, et al. The mo- tion of respondents for attorneys' fees is denied without prejudice to re- filing in the United States Court of Appeals for the Ninth Circuit.

No. 90-516. Jill S. Kamen, Petitioner v. Kemper Financial Services, Inc., et al. The motion of respondent Kemper Financial Services, Inc. for leave to file a supplemental brief after argument is granted.

No. 90-681. Barbara Hafer, Petitioner v. James C. Melo, Jr., et al.

The motion of National Association of Counties, et al. for leave to file a brief as amici curiae is granted. No. 90-1167. Board of Public Education and Orphanage for Bibb

County, et al., Petitioners v. David Lucas, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-1173. Public Service Company of Colorado, et al., Petitioners v. Willard A. Thompson. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-6297. Joseph Williams, Petitioner v. United States. The mo- tion for appointment of counsel is granted and it is ordered that Ken- neth H. Hanson, Esquire, of Chicago, Illinois, is appointed to serve as counsel for the petitioner in this case.

No. 90-6669. Gary Zink, Petitioner i>. California State Board of Equalization. The motion of petitioner for reconsideration of denial of motion for leave to proceed in forma pauperis is denied. Certiorari Granted

No. 90-1156. New Orleans Public Service Inc., Petitioner v. Council of the City of New Orleans, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. No. 90-727. Robert G. Holmes, Jr., Petitioner!'. Securities Investor

Protection Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to

Question 1 presented by the petition. 650 MONDAY. APRIL 22. 1991

No. 90-1124. Keith Jacobson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted limited to Question 3 presented by the petition.

No. 90-6861. John J. McCarthy, Petitioner v. Mr. Madigan, et al. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

Certiorari Denied

No. 89-1927. United States, Petitioner v. Resolution Trust Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 89-1928. Commissioner of Internal Revenue, Petitioner v. San Antonio Savings Association and Subsidiaries (Resolution Trust Cor- poration, Receiver). Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 89-1987. Commissioner of Internal Revenue, Petitioner v. Fed- eral National Mortgage Association. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 89-7588. Troy Clyde Kamekona, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-582. Benton, Benton & Benton, Petitioner v. Lousiana Public

Facilities Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-726. Mitchell's Formal Wear, Inc., Petitioner v. Kentucky Oaks Mall Company. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-829. City of Faith Medical and Research Center, Petitioner v. Ruth H. Creech. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-871. Connecticut, et al., Petitioners v. Mashantucket Pequot Tribe. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 90-1011. Thomas Edward Nevis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. APRIL 22. 1991 651

No. 90-1055. James Othel Boruff, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-1086. California Association of the Physically Handicapped,

Inc., Petitioner v. Federal Communications Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1174. Sheila Jackson Stossier, Petitioner v. Gerhard Simon Stossier. Petition for writ of certiorari to the Court of Appeals of Vir- ginia denied. No. 90-1213. Linda McMahon, Director, California Department of

Social Services, et al., Petitioners v. Victoria Grimesy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1215. Use Heinemeyer, Petitioner v. Joseph P. O'Donnell. Petition for writ of certiorari to the Superior Court of New Jersey, Ap- pellate Division, denied.

No. 90-1218. Benny Bailey, et al, Petitioners v. Lynn Martin, Secre- tary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1229. Environmental Waste Control, Inc., dba Four County

Landfill, et al., Petitioners v. United States Environmental Protection

Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1273. Titan Capital Corporation, Petitioner v. Kay Hollinger, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-1351. John Judice, et ux., Petitioners v. Sam Parich, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1353. Michael Swepston, et al, Petitioners v. Clark Daven- port Snell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1354. E. W. Scripps Company, et al., Petitioners r. Louis A. Ball. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-1359. Charles Goodacre and Peter Grim, Petitioners v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. 652 MONDAY. APRIL 22. 1991

No. 90-1366. Wallace International Silversmiths, Inc., Petitioner v. Godinger Silver Art Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1367. Kaiser Cement Corporation, Petitioner v. Lake Asbes- tos of Quebec, Ltd., et al.;

No. 90-1368. W. R. Grace & Co., et al., Petitioners v. Barnwell School District No. 45, et al.; and

No. 90-1378. United States Gypsum Company, et al., Petitioners v. Barnwell School District No. 45, et al.; and School District of Lancas- ter, et al, Petitioners v. Lake Asbestos of Quebec, Ltd., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1373. City of Albuquerque, et al, Petitioners v. Joseph N.

Riggs, III, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1376. St. John's Hospital, et al., Petitioners v. Erica Henry, by her Mother and Next Friend, Jane Henry. Petition for writ of certio- rari to the Supreme Court of Illinois denied.

No. 90-1377. Mary Catherine Halvorsen, Petitioner v. Albert (Boyer) Halvorsen. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 90-1381. Michael Finnegan, etc.. Petitioner v. Campeau Corp., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 90-1387. Serbian Eastern Orthodox Diocese for the United

States and Canada, et al., Petitioners r. St. Sava Mission Corporation. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-1404. Jonathan C. Scott, Petitioner v. Estate of Jennie Man- del Barnett, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 90-1411. Freddie D. Bibbs and Jimmie Drew Lockhart, Sr., Pe- titioners r. Matanuska-Susitna Borough. Inc., et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 90-1452. Lear Siegler, Inc.. Petitioner v. Randall Scott Kirby. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1455. City of Bridge City. Texas, Petitioner v. City of Port

Arthur, Texas, et al. Petition for writ of certiorari to the Court of Ap- peals of Texas, Ninth District, denied. MONDAY. APRIL 22. 1991 653

No. 90-1459. Curtis L. Wrenn, Petitioner v. Secretary, Department of Veterans Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1481. Rafael Sanchez and Edwin Sanchez, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-1495. George Cameron, Elrader Browning, Jr., Gregory

Washington, James Holiday, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-5987. Lexie Little Carter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6471. Alfredo Villegas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6508. Jose Torres-Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6559. Anthony L. Austin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6562. Armando Rafael Febles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6609. Hector Orlando Cruz-Rosario, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 90-6610. James Cantu Sanchez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6705. Arlester Scott, Petitioner r. Jimmie M. Jones, Superin- tendent. Missouri Training Center for Men, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6756. Donald Sceifers, Petitioner v. Jack R. Duckworth, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 654 MONDAY. APRIL 22. 1991

No. 90-6806. Seta Samuel Kovankian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6825. Jirik Parez, Petitioner v. General Atomics, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6839. John P. Laskaris, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

No. 90-6896. JV-108162, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 90-6899. Ronald D. Walker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6901. Millard Lee Smith, Petitioner v. United States; and

No. 90-7013. Riley Harrington Keller III, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6907. Steven Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6984. Joe Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7048. Luis Aldama Sanchez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7065. Torrence Tillman, Petitioner v. Allen J. Sharp, Chief Judge, United States District Court, Northern District of Indiana. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7120. Rosa M. Pope, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-7140. Joseph Silverburg, Petitioner v. Suzanne Cordery, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY. APRIL 22. 1991 655

No. 90-7152. Jesus Pinto Velasquez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7214. Edison Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7219. Jackson Williams, Petitioner v. West Virginia. Petition for writ of certiorari to the Circuit Court of Greenbrier County, West Virginia, denied.

No. 90-7232. Charles Edward Dean, Petitioner v. Stephen Kaiser,

Warden, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-7233. Jack E. Fleming, Petitioner v. Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 90-7243. James R. Betts, Petitioner v. Allied Cementing Com-

pany, Inc., et al.; and James R. Betts, Petitioner v. Agri Tech Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7245. Emmaline Williams, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-7248. Felix H. Olim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7249. Larry Cooper, Petitioner v. Mel Hess, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7252. James Richard Terrovona, Petitioner v. Lawrence Kin- cheloe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7253. Juan Serna and Sergio Serna, Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-7254. Gary Eugene Kukes, Petitioner v. Michael Ramsey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7256. John T. Scheltzer, Petitioner v. Workers' Compensa- tion Board of California, et al. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. 656 MONDAY. APRIL 22. 1991

No. 90-7268. Charles Correll, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7281. Roily 0. Kinnell, Petitioner v. Robert H. Miller, Chief

Justice, Supreme Court of Kansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7292. Robert A. Cumber, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 90-7330. Bennie M. Brown, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7333. Rajesh Thakkar, Petitioner v. Dickinson Debevoise. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7349. Robie Louis Scott, Petitioner v. Anthony M. Frank, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7355. John Zervas, Petitioner v. Edward Rice, Secretary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7361. Francis E. Harrison, Petitioner v. Howard Beyer, Ad- ministrator, New Jersey State Prison, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7376. Roberto Mieres-Borges, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7380. Stephen DiGregorio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7390. Donald Melvin Myers, Petitioner v. Phoebe B. Johnson,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7401. William T. Frye, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7406. Anthony Tyrone Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. MONDAY. APRIL 22. 1991 657

No. 90-7412. Gregory Catchings, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7415. Joseph M. Curtis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7417. Ng Wah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7420. Milton Keith James, aka Buddy, etc.. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7423. Roger D. Mosby, Petitioner v. C. Wayne Matthews. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7433. Henry Edsel Holmes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7434. Bridgett Ray Tate, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7437. Antonio E. Bascaro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7445. Joe E. Fryar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7448. Isiah Evans, III, Petitioner v. Gary L. Henman, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-7451. George Azar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7454. Michael Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7455. Leroy Kelly, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. 658 MONDAY. APRIL 22. 1991

No. 90-7459. Jose Francier Ochoa, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7466. William Wollman and Lorella Wollman, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7468. Rosa Savinovich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7475. Kevin Neville Bunn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7479. Horrace Ruddock, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7481. John Carl Webber, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7482. Bruce Howard Rogat, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-7487. Arthur Snead, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7492. Oscar Estupinan-Paredes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7505. Patricia Toppi, aka Patricia Fiske, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-7511. Lorenzo Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7514. Johnny Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7521. Edward Henderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, APRIL 22. 1991 659

No. 90-7533. Chester Shepard, Petitioner v. Gene Borgert, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 88-1037. Arizona, Petitioner v. Daniel E. Nastro, Judge, Supe- rior Court of Arizona, County of Maricopa. The motion of respondent Elden Gardner for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied.

No. 88-6833. Larry Eugene Moon, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Marshall.

No. 90-7093. Charles Edward Moore, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 90-7155. Herbert R. Bassette, Petitioner v. Charles L. Thomp- son, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Jus- tice Marshall.

No. 90-7411. Ted Calvin Cole, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissent- ing statement by Justice Marshall.

No. 90-273. Commissioner of Revenue of Tennessee, Petitioner v. Newsweek, Inc., et al.; and Commissioner of Revenue of Tennessee,

Petitioner v. Southern Living, Inc. , et al. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. Justice Blackmun would grant certiorari.

No. 90-1118. Hearst Corporation, Petitioner v. Iowa Department of Finance and Revenue. Petition for writ of certiorari to the Supreme Court of Iowa denied. Justice Blackmun would grant certiorari.

No. 90-1192. City of Lockport, New York, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari.

No. 90-1255. Nutrasweet Company, Petitioner v. Stadt Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 90-1226. William Hope, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White and Justice Marshall would grant certiorari. 660 MONDAY. APRIL 22. 1991

No. 90-6595. Julian Seidel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 90-6829. Jesus Gregorio Melendez, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Sixth Ap- pellate District, denied. Justice White and Justice Marshall would grant certiorari.

No. 90-1338. Gulf States Utilities Company, Petitioner v. Coalition of Cities for Affordable Utility Rates, et al. The motion of Edison Elec- tric Institute for leave to file a brief as amicus curiae is granted. Peti- tion for writ of certiorari to the Supreme Court of Texas denied.

No. 90-1398. Xerox Corporation, Petitioner v. Peter N. Tolliver, et al. The motion of Equal Employment Advisory Council for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1405. Alabama, Petitioner v. Joe Louis Harrell. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 90-1425. Texas, Petitioner v. Craig William Reeves. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. Habeas Corpus Denied

No. 90-7536. In Re Dorsey Dean Adams, Jr., Petitioner. The peti- tion for writ of habeas corpus is denied.

Mandamus Denied

No. 90-6890. In Re Alfonso Albert Lopez, Petitioner; and No. 90-7128. In Re George Brown, Jr., Petitioner. The petitions for writs of mandamus are denied. No. 90-7117. In Re Joseph Silverburg, Petitioner. The petition for writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 90-787. F. L. Farr, Petitioner v. Federal Deposit Insurance Cor- poration, et al.;

No. 90-1040. Juan Antonio Pena and Noe Santana, Petitioners v. Texas; MONDAY. APRIL 22. 1991 661

No. 90-1178. Johnny Oyola, Petitioner v. United States;

No. 90-6445. Charles Silagy, Petitioner v. Howard Peters, III, Warden;

No. 90-6578. Theodore Washington, Petitioner v. Arizona;

No. 90-6620. Roy A. Day, Petitioner v. GAF Corporation, et al.;

No. 90-6682. Walter Thomas, Petitioner v. Illinois;

No. 90-6723. B. E. Sweatt, Petitioner v. News World Communica- tions, Inc.;

No. 90-6728. Michael Dixon, Petitioner v. Jack R. Duckworth, Warden;

No. 90-6742. Arnold D. Mackey, Petitioner v. Marlene J. Mackey;

No. 90-6791. Elmer Leon Peterson, Petitioner v. Edward Grannis, et al;

No. 90-6848. Roy A. Day, Petitioner v. Rosemary Barkett, Justice, Florida Supreme Court, et al.;

No. 90-6872. Luis Tamayo-Cariballo, Petitioner v. United States;

No. 90-6877. Torrence Tillman, Petitioner v. Jack Duckworth, et al; No. 90-6891. In Re Sean W. Mason, Petitioner;

No. 90-6909. James Edward Norris, Petitioner v. Federal Bureau of Investigation; and

No. 90-6936. Wadress Hubert Metoyer, Jr., Petitioner v. Stephen

W. Kaiser, Warden, et al. The petitions for rehearing are denied.

No. 87-746. Michael H. and Victoria D., Appellants v. Gerald D. The

motion of appellants for leave to file second petition for rehearing is de- nied. Justice Scalia and Justice Souter took no part in the consideration or decision of this motion. Order

It is ordered that the call of the calendar, except for special assign- ments, be suspended for the Term upon the conclusion of the argu- ments in the cases listed for hearing this week. Recess Order

The Court will take a recess from Monday, April 29, 1991, until Mon- day, May 13, 1991. Admissions to the Bar on Written Motions

Applicant City and State Movant

Willie Abrams Columbia, MD Marilyn Cheryl Newhouse Dominic J. Baccarella Tampa, FL Neil C. Spector 662 MONDAY. APRIL 22. 1991

Applicant City and State Movant

Wessley Ball Arlington, TX Tim Curry Michael Kevin Botts Marshalltown, IA John Rezin Perkins Clifford Warren Burger Houston, TX Edward Joseph Mahar Katharine Inglis Butler Columbia, SC Randall Meads Chastain Janet G. Callahan Farmington Hills, Konrad D. Kohl MI David Draffan Carto Mansfield, OH Charles Thomas Robinson Harold J. Cassidy Red Bank, NJ Kathleen Anne Sheedy Frederic Chardon San Juan, PR Gerardo A. Carlo Robert T. Cline Rayne, LA Larry Thomas Richard Lawrence Paul Cobb Jr. Atlanta, GA Charles L. Carnes Sylvia Rita Cooks Lafayette, LA James Buckner Doyle Dean Allister Couch Oklahoma Citv, Robert Harlan OK Henry William Alexander Crane Saginaw, MI Leonard C. Pederson, Jr. Dayna L. Cunningham New York, NY Julius L. Chambers David C. Eaton Harrisburg, PA John C. Sullivan Jeffrey Michael Fleming Orlando, FL Tanya M. Plaut Roland M. Frye Jr. Washington, DC Mary Ann Walker William Stephen Gardner Memphis, TN James Walter McDonnell, Jr. Robert Brand Gidding Bala Cynwyd, PA Fredric Lawrence Goldfein Elizabeth A. Ginsburg Washington, DC Jerry D. Anker Kendall Bing-Hwi Goh San Francisco, CA Barry P. Helft Wiliam P. Harrington White Plains, NY Robert D. Meade Bridgette M. Harris Washington, DC Stephen S. Hill R. Gregory Harrison Liberty, MO Judge Stephen Richard Pratt *

MONDAY. APRIL 22. 1991 663

Applicant City and State Movant

Rodney James Hatley San Francisco, CA Timothy Lee Leachman

ItUIlctlU 0 . XTcIlIllIlgS XVUlllIlg IVltrdliU Wo, Thomas A. Lilien IL

AA/iVV llllctlll1 1 i pi m OLtrJJIlCliStpnViPn Fl Pa<*o TX George J. Stengel, Hernsberger Jr. xvODerc rjQWin riougn jr. r on omiin, i\ri Stephen Gregory Hough

PxvoueinViovti Williamvv iiiiciiii nuiiiHum 11TT v_/UlUlIlUldIld, v_/xl Judge David Tobin xvenneLn oimon iviein oan uiego, Uri Marcelle E. Mihaila rviiLonio lje ivion i>ew wiiednb, la Ralph S. Hubbard, III Donald Jeffrey Levin Palatine, IL Timothy P. O'Neill Jane Michele Lynch Dayton, OH Neil F. Freund Whi+P Plsinc NY r I cUcI ILIy o . iVldl L1I1 Willie X IdlUs, IN I Henry Robertson Barrett, III PoHnpv .Tamps; lVTn^nn St Pan! MN Alan Wm. Weinblatt

liUWdlU d. IVlLJL^UIlUUgll o I . IjUllglllcaUUW , IVlrv William Charles Flanagan Mirhapl John MrHnlp Boca Raton FL Douglas Nels Duncan

Rov Achille^vlilllV/ MonpTUPAT A ACL A LAV. JrU 1 • Baton Rouo*e LA Thomas F. Wade mJ Paul Michael Murphy Portland, OR Jeffery W. Ring

Joanne x airicia oawicKi wasningxon, John Will Ongman On oman Paul H. Parilla Irvine, CA Eric Warren Martens nhpvt Pprp7 PinpinnaH OT-T ItUUCIP L. illAvmanHIlldllvt 1 CI CZ. Edward A. Burke Dnnnji 1VT Pptvmpplli Npw York NY Joseph M. Persinger

Robert1 WUV^I L PaulX CA LA 1 PilmerX lllliV^l LAuroraX LAX V/ A CA 9 ILX X— Sam Alschuler Roman Richard Rainosek Houston, TX Victor R. Blaine G. Lawrence Reeves Jr. Raleigh, NC Steven Franklin Bryant 664 MONDAY. APRIL 22. 1991

Applicant City and State Movant

Kenneth A. Reiver New York, NY Lance Russell Frank Marcos G. Ronquillo Dallas, TX Forrest Smith William A. Rudy Kansas City, MO G. Steven Ruprecht Charles Schoemaker Jr. Los Angeles, CA Jeffrey F. Briskin

Frank Eugene Stachyra Oak Park, IL William J. Martin John Edmund Stevens Springfield, IL Shawn W. Denney Christina M. Tchen Chicago, IL Susan Getzendanner Gerard N. Torry Baton Rouge, LA Louis Berry P. Spencer Torry Alexandria, LA Louis Berry Mary Beck Widmann New Orleans, LA Eavelyn Terry Brooks Catherine Eugenia Wilson Washington, DC John Jacob Rhodes, III

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Norman Roy Dowds Los Angeles, CA Carlos John Moorhead John C. Piland Urbana, IL Henry John Hyde Gene Clayton Schaerr Washington, DC Honorable Kenneth Winston Starr Solicitor General of the United States Wayne Ronald Benjamin Philadelphia, PA Charles Patrick Revoile Shirley M. Watts Baltimore, MD Stephen J. Cribari Yvette Mansfield Baton Rouge, LA Ernest L. Johnson Alexander Jo Fleming Baton Rouge, LA Ernest L. Johnson Pamela Teal Taylor- Baton Rouge, LA Ernest L. Johnson Johnson Luke A. LaVergne Baton Rouge, LA Ernest L. Johnson MONDAY. APRIL 22, 1991 665

Applicant City and State Movant

Jonathan Wayne Blodgett Peabody, MA David Arthur Mills William F. Delaney Peabody, MA David Arthur Mills Thomas M. Donovan Peabody, MA David Arthur Mills Peter F. Doyle Peabody, MA David Arthur Mills Peter Michael Zuk Danvers, MA David Arthur Mills

Oral Arguments

No. 90-757. Ronald Chisom, et al., Petitioners v. Charles E. Roe- mer, Governor of Louisiana, et al.; and

No. 90-1032. United States, Petitioner v. Charles E. Roemer, Gov- ernor of Louisiana, et al. Argued by Mr. Solicitor General Kenneth W. Starr for the petitioner United States, by Ms. Pamela S. Karlan for the petitioners Ronald Chisom, et al. and by Mr. Robert G. Pugh for the respondents.

No. 90-813. Houston Lawyers' Association, et al, Petitioners v. At- torney General of Texas, et al.; and

No. 90-974. League of United Latin American Citizens, et al., Peti- tioners v. Attorney General of Texas, et al. Argued by Mr. Julius L. Chambers for the petitioners and by Mr. Renea Hicks for the respondents.

No. 90-952. Janice G. Clark, et al., Appellants v. Charles "Buddy" Roemer, Governor of Louisiana, et al. Argued by Mr. Robert B. Mc- Duff for the appellants, by Mr. James A. Feldman for the United States, as amicus curiae, supporting appellants, by special leave of Court, and by Mr. Robert G. Pugh, Jr., for the appellees.

No. 90-368. Sheldon Baruch Toibb, Petitioner v. Stuart J. Radloff. Argued by Mr. Peter M. Lieb for the petitioner, by Mr. Stephen J. Marzen for the respondent United States supporting petitioner, and by Mr. James Hamilton by invitation of the Court as amicus curiae in sup- port of the judgment below.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY. APRIL 23. 1991 667 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1632. California, Petitioner v. Hodari D. On writ of certiorari to the Court of Appeal of California, First Appellate District. Judgment reversed and case remanded to the Court of Appeal for further pro- ceedings not inconsistent with the opinion of this Court. Opinion by Jus- tice Scalia. Dissenting opinion by Justice Stevens with whom Justice Marshall joins.

No. 90-97. American Hospital Association, Petitioner v. National

Labor Relations Board, et al. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Stevens.

Admissions to the Bar on Oral Motions

Applicant City and State Movant Marilee M. Reynolds Walnut, CA Edwin Lloyd Meeds G Arthur Robbins Crofton, MD Dwight Hall Sullivan Barry W. Hepner Orlando, FL Stephen James Marzen

Oral Arguments

No. 90-615. Rafael Peretz, Petitioner v. United States. Argued by Mr. Joel B. Rudin for the petitioner and by Mr. William C. Bryson for the respondent.

No. 90-762. Thomas Freytag, et al.. Petitioners v. Commissioner or Internal Revenue. Argued by Ms. Kathleen M. Sullivan for the peti- tioners and by Mr. John G. Roberts, Jr., for the respondent.

No. 90-769. Louise Renne, San Francisco City Attorney, et al.. Peti- tioners v. Bob Geary, et al. Argued by Mr. Dennis Aftergut for the pe- titioners, by Mr. Arlo Hale Smith for the respondents, and by Mr. 668 TUESDAY. APRIL 23. 1991

Cedric C. Chao for the California Democratic Party, et al., as amici cu- riae, supporting respondents, by special leave of Court.

Adjourned until tomorrow at 10 o'clock.

Certiorari Denied

No. 90-7785. Roy Allen Harich, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is denied. Dissenting statement by Justice Marshall.

No. 90-7789. Roy Allen Harich, Petitioner v. Florida. The applica- tion for stay of execution of sentence of death presented to Justice Ken- nedy and by him referred to the Court is denied. The petition for a writ of certiorari to the Supreme Court of Florida is denied. Dissenting statement by Justice Marshall. (JOURNAL) WEDNESDAY. APRIL 24. 1991 669 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinion

No. 89-1821. Charles Z. Stevens, III, Petitioner v. Department of the Treasury, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Opinion by Justice Stevens concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

John Nevin Martin San Bernardino, Lawrence Gerald CA Wallace James Frank Penman San Bernardino, LawTence Gerald CA Wallace Robert Gerald Scott Jr. Washington, DC John P. Cole, Jr.

Oral Arguments

No. 90-5721. Pervis Tyrone Payne, Petitioner v. Tennessee. Argued by Mr. J. Brooke Lathram for the petitioner, by Mr. Charles W. Bur- son for the respondent, and by Mr. Attorney General Dick Thornburgh for the United States, as amicus curiae, supporting respondent, by special leave of Court.

No. 89-1905. Wisconsin Public Intervenor, et al.. Petitioners v.

Ralph Mortier, et al. Argued by Mr. Thomas J. DawT son for the peti- tioners, by Mr. Lawrence G. Wallace for the United States, as amicus curiae, supporting petitioners, by special leave of Court, and by Mr. Paul G. Kent for the respondents.

Adjourned until Monday, April 29, 1991, at 10 o'clock. x

(JOURNAL) MONDAY. APRIL 29. 1991 671 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall. Justice Blackmun, Justice O'Connor, Justice Scalia, and Justice Souter. The Chief Justice said: ''Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Opinions Per Curiam

No. 90-7225. In Re John Robert Demos, Jr., Petitioner. On petition for writ of habeas corpus;

No. 90-7226. John Robert Demos, Jr., Petitioner v. United States

District Court for the Eastern District of Washington, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit; and No. 90-7296. In Re John Robert Demos, Jr. On petition for writ of

mandamus. In No. 90-7226, the petition for a writ of certiorari is de- nied. In 90-7225 and No. 90-7296, the motions for leave to proceed in forma pauperis are denied. If petitioner wishes to have one or both of these petitions considered on its merits, he must pay the docketing fee required by Rule 38(a) and submit a petition in compliance with Rule 33 of the Rules of this Court before May 20, 1991. The Clerk is directed not to accept any further petitions from petitioner for extraordinary writs unless he pays the docketing fee required by Rule 38(a) and sub- mits his petition in compliance with Rule 33. Opinion per curiam. Dis- senting opinion in No. 90-7225 and No. 90-7296 by Justice Marshall with whom Justice Blackmun and Justice Stevens join. In Re Amendment to Rule 39. Rule 39 of the Rules of the Supreme Court of the United States is amended to add the following: "39.8 - If satisfied that a petition for a writ of certiorari, jurisdictional statement,

or petition for an extraordinary writ, as the case may be, is frivolous or malicious, the Court may deny a motion for leave to proceed in forma pauperis." In order to insure adequate notice to all litigants, the Rule

will become effective on July 1, 1991. Opinion per curiam. Dissenting opinion by Justice Marshall. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins.

Certiorari — Summary Disposition

No. 89-753. Ron Angelone. Director, Nevada Department of Pris-

ons, et al., Petitioners v. Henry Deutsche!*. On petition for writ of cer- 672 MONDAY. APRIL 29. 1991 tiorari to the United States Court of Appeals for the Ninth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the

Ninth Circuit for further consideration in light of McCleskey v. Zant,

499 U.S. (1991) and Lewis v. Jeffers, 497 U.S. (1990).

No. 90-209. California, Petitioner v. Ignacio Cambrax Salgado. On petition for writ of certiorari to the Court of Appeal of California,

Fourth Appellate District. The petition for writ of certiorari is granted.

The judgment is vacated and the case is remanded to the Court of Ap- peal of California, Fourth Appellate District, for further consideration in light of California v. Hodari £>., 499 U.S. (1991). No. 90-1399. Southern Life and Health Insurance Company and

Richard Perry, Petitioners v. Lucy R. Turner. On petition for writ of certiorari to the Supreme Court of Alabama. The motion of American

Council of Life Insurance for leave to file a brief as amicus curiae is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Alabama for further consideration in light of Pacific Mutual Life Insurance Com- pany v. Haslip, 499 U.S. (1991).*

No. 90-6835. Terrence Williams, Petitioner v. United States. On pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of the position presently asserted by the Solicitor General in his brief for the United States filed March 21, 1991. Dissenting opinion by Justice Ken- nedy with whom the Chief Justice and Justice Scalia join.

Orders in Pending Cases

No. A-764. Patrick McCarthy, et al.. Applicants v. Practical Con- structors, Ltd. The application for stay addressed to Justice White and referred to the Court is denied.

No. A-779. Joseph Fluent, et al.. Applicants v. Salamanca Indian

Lease Authority, et al. The application to recall and stay the mandate of the United States Court of Appeals for the Second Circuit addressed to Justice Stevens and referred to the Court is denied. No. D-966. In the Matter of Disbarment of Raymond Bamidele Thompson. Disbarment order entered. MONDAY. APRIL 29. 1991 673

No. 65, Original. Texas, Plaintiff v. New Mexico. The motion of the River Master for approval of fees and expenses is granted and the

River Master is awarded $7,732.95 for the period January 1, 1991- March 31, 1991, to be paid equally by the parties.

No. 90-515. Lockheed Shipbuilding Company, Petitioner v. Director, Office of Workers' Compensation Programs United States Department of Labor, et al. The motion of respondent Wilborn K. Stevens for attor- ney's fees and costs is denied without prejudice to refiling in the United States Court of Appeals for the Ninth Circuit.

No. 90-1412. Alabama Highway Department, Petitioner v. Shirley Ann Boone, Administratrix of the Estate of Vernon Dale Boone, Jr., et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-6531. Keith J. Hudson, Petitioner v. Jack McMillian, et al.

The motion for appointment of counsel is granted and it is ordered that Alvin J. Bronstein, Esquire, of Washington, D. C, is appointed to serve as counsel for the petitioner in this case. The order entered April 15, 1991, is amended to read as follows: The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following question: "Did the Fifth Circuit apply the correct legal test when determining that petitioner's claim that his Eighth Amendment rights under the Cruel and Unusual Punishment Clause were not violated as a result of a single incident of force by the respondents which did not cause a significant injury?"

No. 90-7664. John D'Agnillo, Petitioner v. Department of Housing and Urban Development, et al. The application for stay addressed to Justice Scalia and referred to the Court is denied.

Certiorari Granted

No. 90-1165. National Labor Relations Board, Petitioner v. Nabors Trailers, Inc., nka Steego Transportation Equipment Centers, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 90-408. County of Yakima, et al. , Petitioners v. Confederated Tribes and Bands of the Yakima Indian Nation; and No. 90-577. Confederated Tribes and Bands of the Yakima Indian

Nation, Petitioner v. County of Yakima and Dale A. Gray, Yakima County Treasurer. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The cases are consoli- dated and a total of one hour is allotted for oral argument. 674 MONDAY. APRIL 29. 1991

No. 90-6113. Randall D. White, Petitioner v. Illinois. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, granted.

Certiorari Denied

No. 90-1027. Helen Jean Guercio, Petitioner v. George Brody and John Feikens, Former Judges. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-1230. Mary McDermott and Alphonse Iannacone, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1234. Antonio Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1240. Steven Allison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-1241. YMCA of the Pikes Peak Region, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1256. California Energy Commission, et al., Petitioners v.

Bonneville Power Administration, et al.; and

No. 90-1415. Puget Sound Power & Light Company, Petitioner v.

Bonneville Power Administration, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1260. Richard Cannistraro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1264. Diane M. Dillon. Petitioner r. Ham' F. Manbeck, Jr., Commissioner of Patents and Trademarks. Petition for writ of certio- rari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1312. American Underwriters Group, Inc., Petitioner v. Hairy E. Eakin, Insurance Commissioner of the Department of Insur- ance of Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Second District, denied.

No. 90-1380. City of Austin. Petitioner r. Joleewu, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. APRIL 29. 1991 675

No. 90-1391. Robert D. Hejl, Petitioner v. City of Austin, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-1394. United Food and Commercial Workers International

Union, et al., Petitioners v. John Morrell & Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 90-1395. Robert E. Harrell, et ux., Petitioners v. Uniroyal- Goodrich Tire Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1400. William M. Bennett, et al., Petitioners v. Direct Mar- keting Association, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-1402. Arthur C. Ewing, aka A. Clifford Ewing, et ux.. Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1403. Leonard F. Thomas, Petitioner v. J. Cort Harrington,

Jr., et al. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 90-1408. Fred T. Brown, Petitioner v. Thomas Steel Strip

Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1410. Roland L. Goad, Petitioner v. John Andrew Rollins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-1413. District Council of Iron Workers of California and

Vicinity, AFL-CIO, et al, Petitioners v. Camping Construction Com- pany. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1418. David E. Phillippe, Petitioner v. James G. Kallins, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 90-1421. Independent School District No. 4, Tulsa County, Okla- homa, Petitioner v. Natalie Johnson, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1422. Paul A. Masciopinto, Petitioner v. Marian J. Whatley. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-1429. Eric C. Rajala, Trustee in Bankruptcy for General Poly

Corporation, Petitioner v. Allied Corporation. Petition for writ of cer- 676 MONDAY. APRIL 29. 1991 tiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1442. Garret T. Bush, III, et ux., Petitioners v. Water Pollu- tion Control Authority for the Town of Waterford. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1443. Herbert C. Savage, Petitioner v. Trammell Crow Com- pany, Inc. , et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-1449. Richard F. Harrington, Petitioner v. Aetna Bearing

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1480. James A. Schultz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 90-1519. Frank J. Camoscio, Petitioner v. Patty Ann Hodder, et al. Petition for wit of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 90-6417. Peter Noone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-6538. Curtis Cornelius Jimison, Petitioner v. Nevada. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied.

No. 90-6738. James Howard Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6943. Ronald Patterson, Petitioner v. Intercoast Manage- ment of Hartford, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6989. Charles Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7030. Calvin Price, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7040. Oscar Gates, Petitioner v. Warden at San Quentin. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. APRIL 29. 1991 677

No. 90-7042. Ronald Francis Smart, Petitioner v. William D. Leeke,

Commissioner, South Carolina Department of Corrections, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7197. Jerry Montgomery, Petitioner v. United States District Court for the Northern District of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7276. Eddie Orr, Petitioner v. Jim Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7279. Henry Davis, Petitioner v. Jeffrey A. Beard, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7287. Otis Vasser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7288. Alvin Parker, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-7289. Russell Warren Peters, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 90-7298. Robert Charles Gundick, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-7299. Kenneth Eugene Gage, Petitioner v. Ernest R. Haw- kins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7303. Raymond M. Herrera, Petitioner v. Dareld L. Kerby, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7306. Bernice Burns, Petitioner v. Johnny Burns, et al. Peti- tion for writ of certiorari to the Appellate Court of Illinois, First Dis- trict, denied.

No. 90-7310. Eric D. Clemmons, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 90-7312. Laurence Armour, Petitioner v. Richard Pryor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7319. Frizell Stephens, Petitioner v. Edward W. Murray, Di- rector, Virginia Department of Corrections, et al. Petition for writ of 678 MONDAY. APRIL 29. 1991

certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7320. Billy Watkins. Petitioner v. Gail Weiss. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7321. Robert T. Fell. Petitioner v. Richard L. Dugger, Secre- tary, Florida Department of Corrections, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7322. Arthur D'Amario, III, Petitioner v. New England Pro- gramming, Inc.. et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7323. Jack Grady Eastland. Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas. Third District, denied.

No. 90-7325. Christopher Sterling York, Petitioner v. Iowa. Petition for writ of certiorari to the Court of Appeals of Iowa denied.

No. 90-7327. Arlander Webster, Petitioner v. City of Seattle. Peti- tion for writ of certiorari to the Supreme Court of Washington denied.

No. 90-7331. Jerry L. Bell. Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 90-7337. Elmer Le Blanc. Petitioner v. University of Michigan, aka Board of Regents of the University of Michigan. Petition for writ of certiorari to the Circuit Court for the County of Wayne. Third Circuit, denied.

No. 90-7339. Robert Stephen Ripmeester, Petitioner r. John Norris. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7340. John S. Nichols, Jr.. Petitioner v. Illinois Department

of Public Health, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-7343. Cary Pearson. Petitioner v. H. K. Russell, Superin- tendent, Lima Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7345. Jimmy Vintson. Petitioner v. Charlie E. Jones, War-

den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. APRIL 29. 1991 679

No. 90-7350. Abraham Thompson, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7356. Eva Garibay, etc. v. Estate of Robert Mitchell, De- ceased, etc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Seventh District, denied.

No. 90-7360. Dewey Couch, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 90-7362. Robert Nathaniel Olds, Petitioner v. Bill Armontrout, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7367. James W. Hutchison, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-7368. David Mark Fink, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-7372. Gary Fykes, aka Larry Johnson, Petitioner v. Grand

Union Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7378. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7385. Mary Slacum, Petitioner v. Vernon Frame. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-7404. Jesse M. Hatch, Petitioner v. Sharon Sharp, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7427. Jim R. Hunter, Petitioner v. Robert J. Tansy, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7453. Alvin Hegge, Petitioner v. Donald Manning and Larry Erickson. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7457. Vernon Webster, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 680 MONDAY. APRIL 29. 1991

No. 90-7464. Charles Edward Bane, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7488. Robert D. Rewolinski, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 90-7515. Bobby Ray Wooten, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7545. Daniel B. Watson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7590. Claude Fitzgerald Williams, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied.

No. 90-7607. William Caswell, Petitioner v. Joseph Ryan, Superin- tendent, State Correctional Institute at Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-988. Nicholas P. Manocchio, Petitioner v. John Moran, Direc- tor, Rhode Island Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the First Circuit de- nied. Justice White and Justice Blackmun would grant certiorari.

No. 90-1134. Missouri, Petitioner v. David Urban. The motion of re- spondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 90-1446. Mississippi, Petitioner v. Kevin Lewis Turner. The mo- tion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 90-1265. Michael P. Oshatz, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1396. Barnett Banks, Inc., et al, Petitioners v. Fred Kon- stand, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

No. 90-1434. David L. Pride, et al., Petitioners v. Venango River

Corporation, et al. Petition for writ of certiorari to the United States MONDAY. APRIL 29. 1991 681

Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 90-1401. ANR Pipeline Company, Petitioner v. United States District Court for the Southern District of Texas, (Exxon Corporation,

Real Party in Interest). The motion of American Gas Association, et al. for leave to file a brief as amici curiae is granted. The motion of Michi- gan Consolidated Gas Company, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7096. Bobby Marion Francis, Petitioner v. Richard L. Dugger, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Blackmun would grant certiorari, vacate the judgment and remand to the United States Court of Appeals for the

Eleventh Circuit for further consideration in light of Parker v. Dugger, 498 U.S. (1991). Dissenting statement by Justice Marshall.

Mandamus Denied

No. 90-7255. In Re Johnny Melvin Holland, Petitioner. The petition for writ of mandamus is denied. No. 90-1397. In Re Jonathan B. Ainsworth, Petitioner. The motion of petitioner for attorneys' fees, damages, interest and costs pursuant to 18 USC § 3006A and 28 USC § 1927 is denied. Petition for writ of mandamus and/or prohibition is denied. No. 90-1485. In Re Juan Perales, Petitioner. The application for stay and to enjoin enforcement of mandate presented to Justice Scalia and by him referred to the Court is denied. The petition for a writ of manda- mus, and/or prohibition and/or injunction is denied.

Rehearings Denied

No. 90-1097. Bernard J. Dolenz, Petitioner v. Stuart Yacht Builders, Inc.;

No. 90-1198. Anthony J. Bator, Petitioner v. Washoe County Build- ing Department, et al.; No. 90-1221. Litton Industrial Automation Systems, Inc., et al, Pe- titioners v. General Electric Company;

No. 90-6185. Gustavo Larios Cortes, Petitioner v. Anthony Belaski,

Warden, et al.; No. 90-6351. In Re Frederick W. Bauer, Petitioner; 682 MONDAY. APRIL 29. 1991

No. 90-6692. Harold Royal, Petitioner v. Exxon Chemical U.S.A., Chemical Department;

No. 90-6720. Julian Scott Esparza, Petitioner v. S. 0. Woods;

No. 90-6755. Herbert Gilbert, Petitioner v. Joseph Bodovitz, et al.;

No. 90-6815. Ronald Lee Morrison, Petitioner v. Clayton Oxendine, et al.;

No. 90-6914. James L. Martin, Petitioner v. Pennsylvania Real Es- tate Commission, et al;

No. 90-6935. Walter J. Moore, Petitioner v. Herb Maschner, et al;

No. 90-6962. Parviz Karim-Panahi, Petitioner v. Ronald Reagan, et al.;

No. 90-6982. Woodrow Williams, et ux., Petitioners v. Bernard Kanstoroom, et al;

No. 90-6983. Woodrow Williams, et ux., Petitioners v. Bernard

Kanstoroom, et al.; and

No. 90-7012. James L. Martin, Petitioner v. Joseph J. Farnan, et al. The petitions for rehearing are denied.

No. 90-6308. Gene Gray, Petitioner v. Board of County Commission- ers for the County of El Paso, Colorado, et al. The motion for leave to file a petition for rehearing is denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

John T. Barbour II Maple Shade, NJ Nicholas Joseph Costa Paul R. Beshears Atlanta, GA Larry Earl Forrester Daniel Howard Bliss Owosso, MI Michael Dinnin, Jr. Stephen Louis Braga Washington, DC Herbert John Miller, Jr. Patricia Ann Brooks Brisir Pittsburgh, PA Robert Paklovitz William H. Buckman Mount Holly, NJ Michael Edward Riley

Dennis J. Capriglione St. Louis, MO Ann B. Lever Linda Bernice Celauro Hackensack, NJ Laurence Reich Richard Joseph Chiurazzi Sacramento, CA John W. Spittler MONDAY. APRIL 29, 1991 683

Applicant City and State Movant

Frank S. Chow Boston, MA Dimitri Dennis Allegretti Janice G. Clark Baton Rouge, LA Ernest L. Johnson David L. Cohen Sacramento, CA Norman Paul Shanley Charles B. Coleman Reading, PA Emmanuel H. Dimitriou Andrew Robert Colmant New York, NY Roman Badiak Karen Conti Chicago, IL Gregory Adam Adamski Mark E. Cutler Cool, CA Quin Denvir Irma Lopez Defillo Rio Piedras, PR Gerardo Ortiz Del Rivero Robert E. Dolan Jr. St. Louis, MO Peter W. Herzog, Jr. Robert Alan Dunn Troy, MI Michael Dinnin, Jr. Allen Richard Ellis New Haven, CT Geoffrey C. Hazard, Jr. Regina Felton Brooklyn, NY Frederick M. Douglass John Lanier File Beckley, WV William Henry File, Jr. John Laurence Flynn III Irvine, CA John R. DiCaro Linda M. Fogler Milford, CT Stephen Anthony Longo Gilberto M. Garcia Union City, NJ Ariel Antonio Rodriguez Charles Walter German Kansas City, MO George Elliott Feldmiller Thomas Patrick Goresen Oklahoma City, John P. Roberts OK James Norland Gorsline Atlanta, GA Griffin B. Bell John P. Graves Jr. Sarasota, FL Michael R. Karp Jack C. Hays Waterford, MI Linda E. Wasielewski Michael Joseph Hill Eureka, CA Michael Dennis Calligan Applicant Citv and State Movant

Marcia L. Howe Livonia, MI Owen J. Cummings Robert A. Izard Jr. West Hartford, Steven R. CT Humphrey Brenda J. Johnson Washington, DC Jay B. Stephens Louise Ann Kelleher New York, NY William P. Kardaras J. Thomas Kilpatrick Atlanta, GA George Kenneth McPherson, Jr Gerald A. Kimble Jr. Colorado Springs, Denis W. Hartley CO Ilene Stacey King Georgetown, SC Eugene Salmon Napier Lawrimo John S. Kirkham Salt Lake City, Alan Lund UT Sullivan Daniel J. Klein New York, NY Thomas Eugene Friebel Jeffrey Craig Klein Los Angeles, CA Leo George O'Biecunas, Jr. Robert Drew Lybrand Dallas, TX Michael P. Gibson Jerrold Allen Maklin Salinas, CA Timothy John Foley Marc Dennis Markel Houston, TX Donald M. Hudgins John Harris Martin Dallas, TX George Lucas Ashley Stephen Bruce Masten Saint Paul, MN Hubert H. Humphrey, III Dana Patrice Matthews Sacramento, CA Terri D. Newman Donald F. McClary Fort Morgan, CO Allen J. Kincaid William Hollis McGehee Meadville, MS Ronald Lee Whittington Daniel A. Medrea Flossmoor, IL Robert Frederick Peters Peter R. Meeker Austin, TX C. Dean Davis Marc Haydel Morial New Orleans, LA Roy J. Rodney, Jr. MONDAY. APRIL 29. 1991 685

Applicant City and State Movant

Tim I. Munson Omaha, NE William Hodge Brown Robert Membery Pachak Columbia, SC Joseph L. Savitz, III

Gregory Parliman Morristown, NJ Sebastian J. Fortunato

Michael J. Pledger Houston, TX H. Miles Cohn James Alan Porter Houston, TX Larry Alan Campa^na Theodore Frank Colorado Springs, Michael John Radkiewicz Jr. CO Heydt Joel Glenn Richardson Houston, TX Thomas Gerald Treece Jeffrey Dean Roberts Houston, TX Donald M. Hudgins Ruth Clement Scheppers Los Angeles, CA Earl Alvin Glick Peter Dincin Schneider Philadelphia, PA George D. Gould Lloyd Noble Shields New Orleans, LA Frank John Peragine C. Peter Sorenson Eugene, OR Arthur C. Johnson Marvin Ray Sparrow Durham, NC Richard E. Giroux Alan James Spilker Sacramento, CA Brelend Charles Gowan Andrew C. Stansell Chicago, IL Charles Lawrence Siemon Paul M. Starkey Sacramento, CA Norman Paul Shanley

Thomas J. Tanksley Las Vegas, NV Morton R. Galane Kenneth W. Thornton Jr. Georgetown, SC Eugene Salmon Napier Lawrimo Thomas E. Tookey New York, NY Joseph A. Bergadano Henry G. Tutek Bordentown, NJ Michael Edward Riley

Estil A. Vance Jr. Fort Worth, TX Evelyn Ruth Leopld 686 MONDAY. APRIL 29. 1991

Applicant City and State Movant

Matthew Joseph Kansas City, MO Lawrence M. Verschelden Berkowitz Jonathan C. Wilson Dallas, TX W illiam L. btroc John B. Worley Austin, TX Robert Ozer

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Michael Wade Berey Baltimore, MD Carl Jay Sacks Herman Gustav Herbig Minden, NV Charles Soren Iversen Richard James Alphonse Princeton, NJ Janyce Wilson Stahl Kevin Peter Auerbacher Trenton, NJ Janyce Wilson Stahl Donald B. Brenner Princeton, NJ Janyce Wilson Stahl Paul V. Buday Spotsylvania, VA Janyce Wilson Stahl Joseph William Coiro Somerset, NJ Janyce Wilson Stahl Thomas D. Giachetti Robbinsville, NJ Janyce Wilson Stahl Jeffry Howard Homel Princeton, NJ Janyce Wilson Stahl Kevin Harry Marino Westfield, NJ Janyce Wilson Stahl Kathleen Nelson McGlew Union, NJ Janyce Wilson Stahl James McGlew II Union, NJ Janyce Wilson Stahl

Timothy J. McNamara Princeton, NJ Janyce Wilson Stahl

Mark S. Setaro Trenton, NJ Janyce Wilson Stahl John Ruane Buckley Jr. Brockton, MA Judge James R. Lawton John Walter Burt Holbrook, MA Judge James R. Lawton MONDAY. APRIL 29. 1991 68

Applicant City and State Movant

Paula M. Carey Burlington, MA Judge James R. Lawton Kelly Carney Raynham. MA Judge James R. Lawton Susan L. Collins Marshfield, MA Judge James R. Lawton Charles Addison Cook Chelmsford, MA Judge James R. Lawton Bruce Adams Dean Watertown, MA Judge James R. Lawton Stephen J. Fallon Attleboro, MA Judge James R. Lawton Brigitte M. Gulliver Nyack, NY Judge James R. Lawton Philip Kennedy Hamilton Lexington, MA Judge James R. Lawton Patricia A. Harrington Mattapoisett, MA Judge James R. Lawton Edward Joseph Kelly Quincy, MA Judge James R. Lawton Catherine M. Kuzmiski Raynham, MA Judge James R. Lawton Susan M. Mooney Reading, MA Judge James R. Lawton Margaret A. Murphy Boston, MA Judge James R. Lawton Donna M. Paruti Boston, MA Judge James R. Lawton Dino Roberto Santangelo Boston, MA Judge James R. Lawton Jeffrey A. Stern Brookline, MA Judge James R. Lawton Stanley Anthony Szlachetka West Springfield, Judge James R. MA Lawton Robert E. Vassallo Wilmington, MA Judge James R. Lawton Peter Owens Lehman Charleston, SC Judge James R. Lawton 688 MONDAY. APRIL 29. 1991

Applicant City and State Movant

Ann Ponterio rnilaclelpnia, rA Judge James R. Lawton

Felicia Lebewohl Rosen New 1 ork, N\ Judge James R. Lawton

John Mark Conboy r an nelcl, LA i nomas H. Henderson Jr,

Lraig K. McLlellan ban JJiego, LA 1 nomas H. Henderson Jr,

Donn Alan Swift l\e\\ Haven, Ll 1 nomas H. Henderson Jr,

Tttnmnn T_T Lnarles liernan ill JNew Haven, Ll 1 nomas H.

rienaei son ji ,

Raphael Goldstein r ort Myers, r L 1 nomas H. Henderson Jr.

Craig Aiston Laporte New Port Richey, 1 nomas H.

r Li Henderson Jr. T_T~»-.^1,,1,, TUT Joseph L. Wildman Honolulu, HI 1 nomas H. Henderson Jr.

17 11 rU ^,,4- TXT rPl_«™„,-, TT Lnarles Carter Wicks hlknart, IN 1 nomas H. Henderson Jr,

Bryson R. Cloon Leawood, KS 1 nomas H. Henderson Jr.

Andrew M. Fischer boston, MA 1 nomas H. Henderson Jr.

Lvangelos D. Sidou Baltimore, MD 1 nomas H. Henderson Jr.

Frederick J. Farrer Kalamazoo, MI lhomas H. Henderson Jr. - 0«^„i T ) „ . , 1 TV/TXT npi „ _ t T Raebern Brooks Hitchcock bamt Paul, MN lhomas H. Henderson Jr. Robert M. Ramshur Piedmont, M(J lhomas H. Henderson Jr.

T , „ V. T Uf^UU TTT Joseph L. Walsh 111 bt. Louis, M(J lhomas H.

11CIIUCI 31)11 O I . Harris Bell Williams Pascagoula, MS Thomas H. Henderson Jr. George Patrick Hunter III Charlotte, NC Thomas H. Henderson Jr. MONDAY. APRIL 29. 1991 689

Applicant City and State Movant

C. Everett Thompson II Elizabeth City, Thomas H. NC Henderson Jr. William Joseph Panec Fairbury, NE Thomas H. Henderson Jr. Robert Todd Mittelholzer Dover, NH Thomas H. Henderson Jr. Keith 0. Evans Hackensack, NJ Thomas H. Henderson Jr. Carol A. Kalinoski Rutherford, NJ Thomas H. Henderson Jr. Timothy Fletcher Oakhurst, NJ Thomas H. McGoughran Henderson Jr. Richard Darrah Stoops Albuquerque, NM Thomas H. Henderson Jr. John J. DelMonte Niagara Falls, NY Thomas H. Henderson Jr. Timothy Murphy Saugerties, NY Thomas H. Henderson Jr. Paul F. Oliveri New York, NY Thomas H. Henderson Jr. Leonard Schwartz New York, NY Thomas H. Henderson Jr. Malcolm McDonald Albany, NY Thomas H. Richardson Seheult Henderson Jr. John A. Casalinuovo Akron, OH Thomas H. Henderson Jr. Silvana Pasqua Goldstein Cleveland, OH Thomas H. Henderson Jr. Ralph Thomas Skonce Jr. Cleveland, OH Thomas H. Henderson Jr. Edwin W. Ash Tulsa, OK Thomas H. Henderson Jr. Fred M. Feder Philadelphia, PA Thomas H. Henderson Jr. Antonia M. Grifo Easton, PA Thomas H. Henderson Jr. Naomi Plakins O'Neill Philadelphia, PA Thomas H. Henderson Jr. 690 MONDAY. APRIL 29. 1991

Applicant Citv and State Movant

Ronald W. Shipman Easton, PA Thomas H. Henderson Jr. Paul Nicholas Gold Dallas, TX Thomas H. Henderson Jr. Logan M. Hassig New Martinsville, Thomas H. WV Henderson Jr. Jay Thornton McCamic Wheeling, WV Thomas H. Henderson Jr. J. C. Powell Charleston, WV Thomas H. Henderson Jr.

Adjourned until Monday, May 13, 1991, at 10 o'clock. x (JOURNAL) TUESDAY. APRIL 30. 1991 691 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Orders

Ordered:

1. That the Federal Rules of Civil Procedure for the United States District Courts be, and they hereby are, amended by including therein new chapter headings VIII and IX, amendments to Rules C and E of the Supplemental Rules for certain Admiralty and Maritime Claims, new forms 1A and IB to the Appendix of Forms, the abrogation of

Form 18A, and amendments to Civil Rules 5, 15, 24, 34, 35, 41, 44, 45, 47, 48, 50, 52, 53, 63, 72, and 77. 2. That the Federal Rules of Criminal Procedure for the United States District Courts be, and they hereby are, amended by including therein amendments to Criminal Rules 16(a), 32(c), 32.1(a), 35(b) and

(c). 46(h). 54(a), and 58(b) and (d). 3. That the Federal Rules of Evidence for the United States District Courts be, and they hereby are, amended by including therein amend- ments to Evidence Rules 404(b) and 1102. 4. That the Federal Rules of Appellate Procedure be, and they hereby are, amended by including therein amendments to Appellate

Rules 4(a), 6, 10(c), 25(a), 26(a), 2(5.1. 28(a), (b), and (h), 30(b), and 34(d). 5. That the Bankruptcy Rules be. and they hereby are, amended by including therein new Bankruptcy Rules 2007.1, 2020, 9034 and 9035 and amendments to Rules 1001, 1(M)2. 1007, 1008, 1009, 1010, 1013, 1014. 1016, 1017, 1019, 2001, 2002. 2

(JOURNAL) MONDAY. MAY 13. 1991 693 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Orders in Pending Cases

No. . Philip E. Foster, Petitioner v. Rutgers, The State Univer- sity, et al. The motion to direct the Clerk to file a petition for a writ of certiorari typed on paper which is SY- by 11 inches is denied. No. D-970. In the Matter of Disbarment of David B. Maxwell. Dis- barment order entered. No. I)—972. In the Matter of Disbarment of Edwin Adam Pennell. Disbarment order entered. No. D-973. In the Matter of Disbarment of Neil Arthur Shanzer. Disbarment order entered. No. I)-97fi. In the Matter of Disbarment of David Alan Hess. Disbar- ment order entered. No. D-979. In the Matter of Disbarment of Donald Kent McShirley. Disbarment order entered. No. D-980. In the Matter of Disbarment of Randy Lamar Miller. Dis- barment order entered. No. D-987. In the Matter of F. Michael Ballard. F. Michael Ballard, of Fairfax, Virginia, having requested to resign as a member of the

Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The

Rule to Show Cause, heretofore issued on March 25, 1991, is hereby discharged. No. 90-838, Shirley M. Molzof. Personal Representative of the Es- tate of Robert E. Molzof, Petitioner r. United States. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 90-1141. Rafeh-Rafie Ardestani. Petitioner r. Immigration and Naturalization Service. The motion of |>etitioner to dispense with print- ing the joint appendix is granted. No. 90-954. Robert C. Rufo. Sheriff of Suffolk County, et al, Peti- tioners r. Inmates of the Suffolk County Jail, et al.; and 694 MONDAY. MAY 13. 1991

No. 90-1004. Thomas C. Rapone, Commissioner of Correction of

Massachusetts, Petitioner v. Inmates of the Suffolk County Jail, et al. The motions of petitioners for divided argument are granted.

No. 90-967. Guy Wooddell, Jr., Petitioner v. International Brother- hood of Electrical Workers, Local 71, et al. The motion of Association for Union Democracy, et al. for leave to file a brief as amici curiae is granted.

No. 90-985. Jayne Bray, et al., Petitioners v. Alexandria Women's Health Clinic, et al. The motion of the Solicitor General for leave to par- ticipate in oral argument as amicus curiae and for divided argument is granted.

No. 90-1372. Main Hurdman, Petitioner v. Howard Fine, et al. The motion of the parties to defer consideration of the petition for a writ of certiorari is granted.

No. 90-1482. Air Line Pilots Association, International, AFL-CIO,

Petitioner v. Martin R. Shugrue, Jr., as Chapter 11 Trustee for East- ern Air Lines, Inc. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-1487. Three Bouys Houseboat Vacations U.S.A., Ltd., Peti- tioner v. Harvey G. Morts, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 90-6949. Rufus Rolle, Petitioner v. United States Postal Serv- ice. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 3, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33 of the Rules of this Court. Justice Marshall dissent- ing: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S.

928 (1983), I would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 90-7370. Richard Will, Petitioner v. Irene Will. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 3, 1991, within which to pay the docketing fee re- quired by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Marshall and Justice Stevens, dis- senting: For the reasons expressed in Broivn v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. MONDAY. MAY 13. 1991 695 Appeals—Jurisdiction Noted

No. 90-711. Lawrence C. Presley, etc., Appellant v. Etowah County Commission, et al.; and

No. 90-712. Ed Peter Mack and Nathaniel Gosha, III, etc.. Appel- lants v. Russell County Commission, et al. Appeals from the United States District Court for the Middle District of Alabama. In these cases probable jurisdiction is noted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Granted

No. 90-1278. INDOPCO, Inc., Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 90-1342. Immigration and Naturalization Service. Petitioner v. Jairo Jonathan Elias Zacarias. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 90-1424. Manuel Lujan, Jr., Secretary of the Interior, Petitioner

v. Defenders of Wildlife, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 90-1390. General Motors Corporation, et al. Petitioners v. Evert

Romein, et al. The motion of Michigan Self-Insurers' Association for leave to file a brief as amicus curiae is granted. Petition for writ of cer- tiorari to the Supreme Court of Michigan granted.

No. 90-1488. Sue Suter, et al., Petitioners v. Artist M., et al. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the respondents is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 90-1491. Union Bank, Petitioner v. Herbert Wolas, Chapter 7 Trustee for the Estate of ZZZZ Best Co., Inc. The motion of California

Bankers Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 90-6616. James R. Stringer, Petitioner r. Lee Roy Black, Com- missioner, Mississippi Department of Corrections, et al. The motion of petitioner for leave to proceed in forma pauperis is granted. The peti- tion for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit is granted limited to Question 3 presented by the petition. 696 MONDAY. MAY 13. 1991 Certiorari Denied

No. 90-749. South Dakota, et al., Petitioners v. Rosebud Sioux Tribe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1139. Steven Bennett, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, East- ern Division, denied.

No. 90-1145. Nicodemo Scarfo, Petitioner v. United States;

No. 90-6448. Nicholas Virgilio, Petitioner v. United States;

No. 90-6472. Salvatore Scafidi, Petitioner v. United States;

No. 90-6503. Anthony Pungitore, Petitioner v. United States;

No. 90-6504. Ralph Staino, Petitioner v. United States;

No. 90-6524. Joseph Pungitore and Francis Iannarella, Petitioners v. United States;

No. 90-6833. Salvatore Wayne Grande, Petitioner v. United States;

No. 90-6834. Joseph Ciancaglini. Petitioner v. United States; and

No. 90-7084. Phillip Narducci, et al., Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1147. Richard Cannistraro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1225. Joe Aulston, et ux., et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-1232. SMS Data Products Group, Inc., Petitioner v. United

States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1252. Mario Carballo, Petitioner v. United States; and

No. 90-7501. Osvaldo Coello, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1261. Fred Quave, Petitioner v. Progress Marine, et al.; and

No. 90-1489. Progress Marine, et al., Petitioners v. Fred Quave. Pe- titions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1271. Norfolk and Western Railway Company, Petitioner v.

Olen Roberson. et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. MAY 13. 1991 697

No. 90-1272. Truman E. Billiard, Petitioner v. Edward R. Madigan, Secretary of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1276. Arthur Frank Millard, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1285. Robert Shavalier, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. No. 90-1287. Board of Governors of the University of North Caro- lina, et al. Petitioners v. United States Department of Labor, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1291. Freeman M. Cooper, Petitioner v. Williamson County Board of Education. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied.

No. 90-1306. King Island Native Community, Petitioner v. Montana Department of Family Services. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 90-1320. Robert Craig, Frank P. North, Jr., Estate of Jack E.

Walker and Peter V. Pappas, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-1321. National Medical Enterprises, Inc., dba Through Vari- ous Wholly-Owned Hospital Subsidiaries, Petitioner v. Louis W. Sulli- van. Secretary of Health and Human Services. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1330. Parker Drilling Company, Petitioner r. Bowen Sand- ers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1357. 3550 Stevens Creek Associates, Petitioner v. Barclays Bank of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1409. Maury Hexamer. Petitioner c. Patrick Foreness, Direc- tor. Postal Data Center, United States Post Office, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-1427. Marilyn Slay. Personal Representative of the Estate of

James Albert "Bert" Slay, Deceased, et al.. Petitioners v. Ford Motor 698 MONDAY. MAY 13. 1991

Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1430. Nelson R. Raby, et al., Petitioners v. M/V Pine Forest, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-1431. David Stikes, etc., Petitioner v. Chevron U.S.A., Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-1436. Frederick J. Daley, Ltd., Petitioner v. Louis W. Sulli- van, Secretary of Health and Human Services. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1447. Floyd W. Bybee, et al., Petitioners v. Superior Court of

Arizona, Maricopa County, et al. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 90-1454. Frederick Nathan Vann, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied.

No. 90-1469. William H. Hernstadt, et ux., Petitioners v. Brickell Bay Club Condominium Association, Inc. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 90-1471. The Upjohn Company, Petitioner v. North Haven Plan- ning and Zoning Commission and Scott Schatzlein. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1472. M. Slavin & Sons, Ltd., Petitioner v. Anthony Cirillo, Individually and as President of United Seafood Workers, Smoked Fish, and Cannery Union, Local 359, UFCWIU, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-1474. John David McGee, et al., Petitioners v. Crystal G. Brown. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 90-1475. William Kuntz. Ill, Petitioner v. Manley, Burke and

Fischer, L.P.A., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1476. Emory C. Parrish, et al., Petitioners v. Employees' Re- tirement System of Georgia, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. MONDAY. MAY 13. 1991 699

No. 90-1477. Allen Group Inc., dba G&O Manufacturing Company,

Petitioner v. Modine Manufacturing Company. Petition for writ of cer- tiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1479. Elaine E. Grover, Petitioner v. William Rocheleau, Jr., et al. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 90-1493. Indian Child Welfare Coordinator of the Juvenile Court of the Cheyenne River Sioux Tribe, et al., Petitioners v. Chester

County Department of Social Services, et al. Petition for writ of certio- rari to the Supreme Court of South Carolina denied.

No. 90-1507. The Empire Club, Petitioner v. Bijou Irrigation Dis- trict, et al. Petition for writ of certiorari to the Supreme Court of Colo- rado denied.

No. 90-1512. Robert E. Penn, et ux., Petitioners v. Parke State Bank. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 90-1516. In Re Gayle E. Slaughter, Petitioner. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-1532. Michael Scott Amerson, et al., Petitioners v. Texas. Pe- tition for writ of certiorari to the Court of Appeals of Texas, Four- teenth District, denied.

No. 90-1538. Douglas E. Ondrus, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1543. Alex Simmons, aka "Yaqui", et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1557. Lewis Novod, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1560. Jackie Dale Lowrimore, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-1566. Jonathan W. Duncan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1580. Richard R. Sylvester, et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 700 MONDAY. MAY 13. 1991

No. 90-1588. Alan Masters, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1590. Joseph W. Kosseff, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6491. Garfield Earl Senior, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6557. James Bedford Fisher, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6586. Jose Luis Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6754. David Michael Scates, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6780. Haywood Williams. Petitioner r. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6783. Donald Ray Elliott, Petitioner i\ United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6798. Jorge Vasallo, Petitioner r. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6811. Willie H. Mitchell, Petitioner r. J. J. Hatcher, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6859. Caster Brown. Petitioner r. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-6886. Danny Carpenter, Petitioner r. Terry Morris. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6906. Jose Guzman. Petitioner r. Walter R. Kelly, Superin- tendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Ap]>eals for the Second Circuit denied. MONDAY. MAY 13. 1991 701

No. 90-6946. Donald I. Bean, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-6957. Arasimo Settemo Lucido, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 90-6986. Wenancjusz F. Kunek, Petitioner v. Stanley K. Coff- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-6991. Timothy Joseph O'Keefe, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-6992. Harold Wayne Nichols, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied.

No. 90-6994. Roy W. Collins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7046. Brenda Pruitt, Petitioner v. Louis W. Sullivan, Secre- tary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7091. Luis Carlos Guerrero, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7124. Brian C. Bailey, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 90-7144. Jameel-Ismail Hassan Saahir, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7179. John Nathaniel Hill, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7336. Bradford Lowell Drake, Petitioner v. Central Intelli- gence Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7373. Ernest Dale Thomas, Petitioner v. Johnson Controls, Inc. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-7374. Melvin Perry, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. 702 MONDAY. MAY 13. 1991

No. 90-7375. Samuel Lee Murray, Petitioner v. Carmen Castilla, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-7377. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7384. Elton Porter, Petitioner v. Cross Seas Shipping Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7392. Grace DeJose, Petitioner v. New York State Depart- ment of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7395. Freddie Lee Felder, Petitioner v. Richmond City Jail Administration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7396. Darryl Granberry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7400. Robert Abel, Petitioner v. Alaska. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7403. Richard Lee Helzer, Petitioner v. Michigan Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7407. Jack Eugene Fleming, Petitioner v. Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 90-7409. Richard C. Bartel, Petitioner v. Richard H. Gins. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7410. Edward J. Brennan, Jr., Petitioner v. Ohio, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7418. Adolph Delbridge and Jill Delbridge, Petitioners v. New Jersey Division of Youth and Family Services. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 90-7419. John Dean Tolbert, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. MONDAY. MAY 13. 1991 703

No. 90-7421. Peter R. Johl, Petitioner v. Ellen A. Peters, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7424. Ronal Kiskila, et ux., Petitioners v. Superior Court of the State of California for the County of Riverside (Business Exchange,

Inc., et al., Real Parties in Interest). Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-7425. Fabio Diaz, Petitioner v. Tammie B. Terrell, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7426. Victor Woodard, Petitioner v. Carl D. Berry, as Super- intendent of the Woodbourne Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7428. Dorsey Williams, Petitioner v. Edward Evans, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7429. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California (CD. Marshall, Warden, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7430. Vladimir Zatko, Petitioner v. Charles D. Marshall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7431. Leo Masters and Barbara Masters, Petitioners v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7440. John David Bilbro, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 90-7443. John Daniel Allen, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-7444. Michael D. Farmer, Petitioner v. Oklahoma, et al. Peti- tion for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 90-7446. David Ben-Moshe, Petitioner v. Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7450. Johnny M. Greene, Petitioner v. David Mills, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. 704 MONDAY. MAY 13. 1991

No. 90-7452. Ronald Lee Morrison, Petitioner v. Joseph Brooks, Su- perintendent, Robeson Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7456. Christopher A. LaNave, Petitioner v. Minnesota Supreme Court. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7460. Michael Dean Vicks, Petitioner v. J. M. Ratelle, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-7462. Lillian Gorelik, Petitioner v. NI Industries, Inc.. et al. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied.

No. 90-7465. Earl Peterson, Petitioner v. James A. Chrans, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-7467. Timothy Scott Smith, Petitioner v. Donald L. Allen, Commissioner, Maine Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7471. Richard Arthur Orr, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7473. John Robert Demos, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7474. Alexander M. Butcher, Petitioner v. Steven J. Fish- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7478. Darryl Williams, Petitioner v. Bill Armontrout, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-7484. Pasquale J. Coleman, Petitioner v. Dunbarton Oaks

Apartments, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7486. Myron Snyder, Petitioner v. Sidney Bornstein, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. MONDAY. MAY 13. 1991 705

No. 90-7489. James Waits, Petitioner v. Kwikway Stores, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7490. James Edward Bridges, Petitioner v. Deborah Jane Spiller-Bridges. Petition for writ of certiorari to the Superior Court, DeKalb County Stone Mountain Judicial Circuit, denied.

No. 90-7493. James Yielding, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 90-7494. Robert Coston, Petitioner v. Charles H. Zimmerman,

Superintendent, State Correctional Institute at Waymart, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7496. Daries Sherrills, Petitioner v. Richard Celeste, Gover- nor of Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7497. Reginald Robichaux, Petitioner v. C. Paul Phelps, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7498. Mack Quarrels-Bey, Petitioner v. Donna Johnston, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-7502. James B. Becknell, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7507. Anthony Earl Harris and Johnny Dewitt Harris, Peti- tioners v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 90-7508. James Daniel McCord, Petitioner v. Rodney Ahitow, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7512. James Callwood, Petitioner v. Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7516. Samuel Streeter, Petitioner v. Charlie Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. 706 MONDAY. MAY 13. 1991

No. 90-7520. James Long. Petitioner v. Arthur Tate, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7523. Robert P. Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7524. Lehmon Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7530. Jesus E. Delfin, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-7548. Michael Anthony Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7550. William H. Young, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7551. George A. Burkhalter, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7552. Vondia Clary and John P. McCoy, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-7553. Darrell Lamont Slaughter, Petitioner v. Kentucky. Pe- tition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 90-7554. Andre Lawrence Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7555. Albert Leonard Rutherford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7556. Rebecca Dumas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-7572. Public Administrator of the County of New York, as Administrator of the Estate of Andrew J. Milan, Deceased, Petitioner

v. Gibson and Cushman of New York, Inc. Petition for writ of certiorari to the Court of Appeals of New York denied. MONDAY. MAY 13. 1991 707

No. 90-7575. Welton Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7576. Robert Kelly Bishop, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7581. Wayne Joseph Young, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7582. John J. Peluso, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7586. Joaquin Augusto Diaz, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7597. Vincent Germano, et ux.. Petitioners v. James B. Blevins, Judge, District Court for the Seventh Judicial District of Okla- homa. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 90-7598. Ali T. Agha, Petitioner v. Secretary of the Army. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7600. James F. Douglas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7601. Pedro Ortiz Alarcon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7606. Willie R. Francis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7611. Dennis Eugene Gardner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7613. Latrina Y. Randolph, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7614. Samuel Duncan, Jr., et al., Petitioners, v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. 708 MONDAY. MAY 13. 1991

No. 90-7615. Rose Smith, Petitioner v. New York State Workers Compensation Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7619. Lin Edward Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7620. Francisco Rascon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7621. Charles Rhoden, Petitioner v. Hans Walker, Superin- tendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7623. Walter Tillman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7631. Robert A. Lannom, Petitioner v. Donald A. Cabana, Superintendent, South Mississippi Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7639. Hedmar Gomez Lores, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7644. Larry Lynn Rasar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7646. Randall Hoyt Shaw, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7649. Frank Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7652. Luis Polanco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

T No. 90-7659. James Massa, Petitioner v. John L. Clark, W arden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. MAY 13. 1991 709

No. 90-7660. Maurice S. Moyal, Jr., Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 90-7673. Israel Talley, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7676. Stephen Harold Ray, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7679. Samuel Steve, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7689. Germain Ramirez-Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 90-7704. James B. Nesbit, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied.

No. 90-7706. William McCatty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7707. Jose Maria Lopez-Bazua, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7710. David Ben-Moshe, Petitioner v. Sandra Milton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7711. Javier Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7712. John Barnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7714. Russell C. Ellis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7724. Pedro C. Noyola-Valencia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 710 MONDAY. MAY 13. 1991

No. 90-7725. Robert J. McDonnell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7729. Bonita Lacy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-380. Consolidated Rail Corporation, Petitioner v. Delaware & Hudson Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White and Justice Kennedy would grant certiorari. No. 90-644. James G. Ledbetter, Commissioner, Georgia Depart- ment of Human Resources, Petitioner v. Marta O. Turner, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White and Justice O'Connor would grant certiorari.

No. 90-1003. South Dakota, Petitioner v. Peter Spotted Horse, Jr. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the respondent is granted. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 90-1280. Insurance Company of Pennsylvania, et al., Petitioners v. Ben Cooper, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White would grant certiorari.

No. 90-1444. Texas, Petitioner v. Cary Wayne Cox. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. Justice White would grant certiorari.

No. 90-1462. J. A. Jones Construction Company, Petitioner v. City of Atlanta. Petition for writ of certiorari to the Supreme Court of Geor- gia denied. Justice White and Justice Marshall would grant certiorari.

No. 90-1464. Volkswagen of America, Inc., et al., Petitioners u.

Doug Roy, Jr., et al. The motion of Product Liability Advisory Council,

Inc. for leave to file a brief as arnicas curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1494. Mississippi, Petitioner v. Earl Wesley Berry. The mo- tion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Mississippi denied. MONDAY. MAY 13. 1991 711

No. 90-6683. Paul West, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Marshall.

No. 90-7132. Samuel D. Smith, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall.

No. .90-7295. Manuel Pardo, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting state- ment by Justice Marshall.

No. 90-7317. Ignacio Cuevas, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-7344. Ronald Turney Williams, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. Dis- senting statement by Justice Marshall.

No. 90-7398. Edward Charles Pickens, Petitioner v. Arkansas. Peti- tion for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Marshall.

No. 90-7422. Fred H. Kornahrens, III, Petitioner v. Parker Evatt,

Commissioner, South Carolina Department of Corrections, et al. Peti- tion for writ of certiorari to the Court of Common Pleas for the Ninth Judicial Circuit, Charleston County, denied. Dissenting statement by Justice Marshall.

No. 90-7509. Kelvin Malone, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting state- ment by Justice Marshall.

No. 90-7547. Jose Jacobo Amaya-Ruiz, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. Dis- senting statement by Justice Marshall.

No. 90-7579. Rigoberto Sanchez-Velasco, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Dis- senting statement by Justice Marshall.

No. 90-7436. Michael Sindram, Petitioner v. Arthur M. Ahalt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. The Chief Justice took no part in the consid- eration or decision of this petition.

No. 90-7503. Clara H. Szoke, Petitioner v. Minnesota Mining and Manufacturing Company, Inc. Petition for writ of certiorari to the 712 MONDAY. MAY 13. 1991

United States Court of Appeals for the Second Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

Habeas Corpus Denied

No. 90-7472. In Re John Robert Demos, Jr., Petitioner; No. 90-7663. In Re Edward Kenneth Christianson, Petitioner; No. 90-7667. In Re Arnold Dean Adkins, Petitioner; and No. 90-7750. In Re Rodney Stich, Petitioner. The petitions for writs of habeas corpus are denied.

Mandamus Denied

No. 90-7353. In Re Torrence Tillman, Petitioner; and No. 90-7534. In Re Otto Preuss, Petitioner. The petitions for writs of mandamus are denied.

Rehearings Denied

No. 117, Original. State of Mississippi, Plaintiff v. United States, et al.;

No. 90-846. Mahinder S. Uberoi, Petitioner v. Board of Regents of the University of Colorado, et al.;

No. 90-919. Evelyn D. Reel and Willard D. Reel, Petitioners v. Com- missioner of Internal Revenue;

No. 90-1002. Richard G. Kaschak, Petitioner v. Superior Court of California, Kern County;

No. 90-1088. Eva O. Rettig, Petitioner v. Kent City School District, et al.; No. 90-1168. Town of Concord, Massachusetts and Town of Welles- ley, Massachusetts, Petitioners v. Boston Edison Company;

No. 90-6059. Loras Steines, Petitioner v. Administrator of Veterans Affairs;

No. 90-6388. Thomas M. Rettig, Petitioner v. Kent City School Dis- trict, et al.;

No. 90-6497. Errol Flynn James, Petitioner v. Dropsie College, aka Annenberg Research Institute;

No. 90-6601. Regina Stan-, Petitioner v. District of Columbia De- partment of Employment Services (Workers Compensation);

No. 90-6824. Edward J. Brennan, Jr., Petitioner v. Ohio, et al.; MONDAY. MAY 13. 1991 13

No. 90-6904. Willie James Jeffries, Petitioner v. Crispus C. Nix, Warden;

No. 90-6925. Richard P. Bosa, Petitioner v. Colleen Pickford Bosa;

No. 90-6950. James Edmond Watts, Petitioner v. James E. Johnson,

Warden, et al.;

No. 90-6979. Michael Lynn Brown, Petitioner v. Virginia, et al;

No. 90-7027. James L. Martin, Petitioner v. Daniel H. Huyett;

No. 90-7119. Daniel Ray Watson and Jack T. Jackson, Petitioners v. United States;

No. 90-7189. David L. Henry, Petitioner v. United States Depart- ment of the Interior; and

No. 90-7215. Carl Leibowitz, Petitioner v. United States. The peti- tions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, May 13, 1991, until Mon- day, May 20, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jonathan L. Abram Washington, DC Michael R. Dreeben Holmes Stanford Adams Jackson, MS George Poindexter Hewes, III Neil H. Afran Huntington, NY Bruce Ira Afran Gaetan John Alfano Philadelphia, PA Eric B. Henson David W. Anderson Bowling Green, Timothy L. KY Mauldin Michael G. Artery Clarendon Hill, IL Roger J. Guerin Timothy Granger Atkeson Denver, CO Mary Gabrielle Sprague Joseph James Balliro Jr. Boston, MA Joseph J. Balliro

Andrew I. Batavia Washington, DC Honorable Richard L. Thornburgh Attorney General of the United States 714 MONDAY. MAY 13. 1991

Applicant City and State Movant

Karl Leland Baumgardner Amarillo, TX George Whittenburg John K. Bennett Newark, NJ Francis X. Dee William J. Berg Atlanta, GA Elizabeth Coleman-Stroup Norbert F. Bergholtz Philadelphia, PA Gordon W. Gerber Paul L. Biderman Santa Fe, NM Michael Paul Gross William E. Bird Columbia, SC Richard M. Kennedy, Jr. Michael J. Bloom Tucson, AZ Stephen M. Weiss Mario Paul Bordini San Antonio, TX Richard Henry Sommer Albert Hart Boyd Memphis, TN Earl P. Davis

T Jack W. Brand Jackson, MS Martha W ilson Gerald Charles Richard Bruton Philadelphia, PA Arlin M. Adams Alan Barner Cameron Jackson, MS Martha Wilson Gerald William Henry Campbell Oklahoma City, David William Lee OK Barry J. T. Carlton San Diego, CA Jeffrey John Koch Don J. Caton Pensacola, FL John Winfield

Flemingto Leslie S. Chernikov Southfield, MI Stuart M. Rudick Edward M. Cohan Los Angeles, CA David Eric Raymond Woolley Dana S. Connell Chicago, IL David Patrick Radelet James William Cook East Windsor, NJ David Alan Saltman Robert Kirk Costello Olympia, WA Kenneth 0. Eikenberry Daniel Joseph Craig Augusta, GA Arthur Stephenson Wallace Elaine Susan Harris Baltimore, MD Carl Jay Sacks Cweiber MONDAY. MAY 13. 1991 715

Applicant City and State Movant

Joseph Allen D'Amico Washington, DC Ellis G. Arnall Thomas Weldon Deaton Lufkin, TX James R. Cornelius, Jr. Michael David Diederich Jr White Plains, NY Carol Lynne Van Scoyoc Kermit Sanders Dorough Albany, GA George Peter Jr. Donaldson, III Matthew E. Dwyer Boston, MA David Jenkins Benjamin P. Eiseberger New York, NY Gerold Mark Mallow Laurence Jay Eisenstein Washington, DC John H. Schafer. Ill

Jay J. Eller Calabasas, CA Seth Martin Hufstedler

Julie D. Fay New York, NY Edwin J. Wesely Jeffrey Ivan Fettner Oakland, CA Lawrence A. Callaghan Debra Sholl Fischl Los Angeles, CA Howard M. Fields Julian Fleet Washington, DC Thane D. Scott

Dennis I. Floyd Los Angeles, CA Mark C. Allen, Jr. Marion G. Follin III Greensboro, NC Norman B. Smith James C. Frenzel Atlanta, GA Charles Richard McQueen

T Richard W. Gallagher Clarksburg, W V W'illiam Charles Porth, Jr. Andrew M. Gardner Chicago, IL Martin M. Ruken Richard Ortega Gonzales Uvalde, TX Rogelio F. Munoz Robert Gary Goosens Falls Church, VA Michael Joseph Bernstein

Barbara J. Gosselar Glen Ellyn, IL John Francis Power James Dennis Grandjean Monticello, NM Hugh William Fleischer Violet Elizabeth Grayson San Francisco, CA Robert S. Smith Andrew N. Greene Washington, DC John M. Clean John F. Greene New Orleans, LA Val K. Scheurich, III 716 MONDAY. MAY 13. 1991

Applicant Citv and State Movant

Jeffrey Matthew Greenman Mamaroneck, NY Thomas R. Boland Craig E. Guenther Costa Mesa, CA Paul Richard Howell William James Haberstroh Hollidaysburg, Merle Kenton PA Evey Kenneth Harmon Jackson, MS Martha Wilson Gerald Kemp Robert Harshman Arlington, VA Ronald D. Maines Jon Vinton Heider Akron, OH Thomas B. Leary Harlan Kent Heller Naperville, IL Harlan Heller Thomas J. Hellmann Frankfort, KY John Stephenson Gillig Richard K. Hershman New York, NY Bruce Yukelson Stephen Ross Higgins Denver, CO Steven James Goodhue James E. Hoffmann Encino, CA Howard M. Fields George Alan Holley Golden, CO Fred M. Winner David Horton South Padre James A. Island, TX Herrmann David Lee Hughes Mission Viejo, CA Paul Richard Howell Jerrold Eli Hyams New York, NY Jerome M. Schwartz James F. Imperiale Tacoma, WA Neil J. Hoff Kathryn M. Jakabcin Feasterville, PA John J. Gonzales John Madison Jameson Dallas, TX David C. McCue Max Sherred Johnson Star Harbor TX William G. Eckhardt Mark Andrew Johnson Portland, OR Albert Alan Menashe Carl R. Johnston Washington, DC Lowell D. Turnbull Mary Blaine Johnston Maui, HI James Theodore Paul, III Lauren E. Jones Providence, RI Michael Robert McElroy M. Samuel Jones III Little Rock, AR Nancy Bellhouse May MONDAY. MAY 13. 1991 717

Applicant City and State Movant

Johnnie A. Jones Jr. Baton Rouge, LA Johnnie Anderson Jones Pamela M. Katzenberg Tucson, AZ David Henry Lieberthal Stephen Ronald Keister Austin, TX Herman Cates Gotcher, Jr. Mark Alan Kelley Atlanta, GA Benjamin Cade Abney rilldllUcIA v*l q n rl ov IVTv OAfco Richard J. Murphy

XXCll X^ Vv .IJ^Il L XYvJillCX CoralVjUi CXI Gablps\JCX UlCO , XFT.-Li Michael Dean Ray rxiXI "lx 11. XVI cLrvlliclil »J I . XParkO.L lo, TLX Phillip A. Terry Annette R. Kronstadt Washington, DC Stephen M. Kohn John David Landwehr Jefferson City, James B. Deutsch MO George 0. Lawson Jr. Atlanta, GA Antonio LaVere Thomas Alan Bruce Lilly Sacramento, CA John Undem Carlson Thomas Kenneth Lindsey Columbus, OH Ronald Joseph O'Brien George Lowrey Lucas Jackson, MS John Richard Countiss, III

Philin .T LuonpT) Melville NY John Laurence Kase R. Bruce Manchester Bellefonte, PA Benjamin Novak Lawrence Charles Marshall Chicago, IL Honorable John Paul Stevens, Associate Justice of the Supreme Court David L. Mazur Roseville, MI Thomas M. Von Batchelder

Michael Bernard Metairie, LA J. Courtney McColloster Wilson Thomas D. McCormick Oklahoma City, Susan M. Otto OK Susan Pedrick McWilliams Columbia, SC Harold W. Jacobs 718 MONDAY. MAY 13. 1991

Applicant City and State Movant

AT 1\ IT TT T' 1 T TTT C* 11 james Andrew Meyers Washington, DC W illiam Warneld Ross

-1 T ' t~» t j. ijr''i ji . IT 7 . 1 X X 7 TTTMI • TX1 '1 Roger Ernest Middleton We st bury, Ni William Philip Horton

T~> TIT Miles S. Mittelstadt Milwaukee, W I Russell J. Mittelstadt Joseph N. Mole New Orleans, LA Edward F. Konnke, IV

Thomas J. Moloney JNew I oi k, JN i George Weisz Tracy A. Naegele Encino, CA Howard M. Fields Danny R. Nelson Springfield, MO Ransom A. Ellis, Jr. Richard F. Ojeda San Antonio, TX Arthur G. Guzman Bradley Tyler Owens Phoenix, AZ Mark Barton Pyper Jaoquin Perez Miami, FL Charles G. White Joyce G. Perocchi Boston, MA Haskell A. Kassler Greory H. Perry Lincoln, NE James B. Gessford

T 1 • 1 ' TXT T 1 T"\ * 1 Robert Carroll Perry Indianapolis, IN John Daniel Tinder

TX 1 1 T"» TXT *TT * T n TTT Donald R. Philbin Jr. San Antonio, TX Seagal V. Wheatley, Jr.

• TX • T IT TX A 1 A TT TTT 1 TT VII Richard Lee Pomeroy Anchorage, AK Wevley William Shea Billy Wayne Potts Jackson, MS Jack Benton Brenemen Willard S. Radcliffe North Miami, FL Roger Allen Silver T /"T *1 TT *n Gerald Scott Rakes Oklahoma City, James Gail Hamill OKAT/ William J. Ramsey Lawton, OK Max uook Jose Manuel Rangel Austin, TX Raul A. Gonzalez W llham Frederick Ray Jackson, MS William F. Goodman, Jr.

All i TT *n William Kendal Rentz Salinas, CA Albert Hermosillo Maldonado Sara G. Rittman Jeiierson City, Curtis Frank MO Thompson MONDAY. MAY 13. 1991 719

Applicant City and State Movant

Luis Rafael Rivera San Juan, PR Peter John Porrata W. David Rogers Jr. Orlando, FL Duncan B. Dowling, III Rebekah R. Ross Seattle, WA Richard Martin Slagle Arthur Donald Rutkowski Evansville, IN Cedric Hustace Perry Sansing Jackson, MS George Poindexter Hewes, III Scott M. Sarason Miami, FL Peter Lawrence Wechsler William J. Schifino Jr. Tampa, FL David Barnett Weinstein Mark E. Schmidtke Valparaiso, IN John Edward Hughes Sheila R. Schreiber Washington, DC W. Neil Eggleston Priscilla Anne Schwab Washington, DC Charles Haven Wilson David K. Schwirian Charleston, WV Robert B. Allen Dennis J. Seider Los Angeles, CA David Eric Raymond Woolley Daniel M. Share Detroit, MI Eugene Driker Guy W. Smith New Orleans, LA Frank John Peragine Lawrence R. Smith Akron, OH J. Thomas Henretta Jeffrey Arlen Spinner Simsbury, CT Philip Cameron Livsey

Craig J. Staudenmaier Harrisburg, PA John C. Sullivan Grant Thomas Stein Atlanta, GA Richard Neal Batson Patricia M. Strong Hartford, CT Edward F. Reynolds, Jr. Scott Richard Suter Saint Paul, MN Bruce Allen Webster

Anthonv J. Tamburro Philadelphia, PA Gordon W. Gerber 720 MONDAY. MAY 13. 1991

Applicant Citv and State Movant

Hal Taylor Reno, NV Lyn Marie Schlitt Anthony Hubert Trembley Oxnard, CA Glen Michael Reiser William Stimson Trivette Rockville, MD Demmon F. Canner Richard Maxim Vacar Sarasota, FL Richrd K. Simon Manuel Anthony Valenzuela Los Angeles, CA Halvor S. Melom Jr.

Robert Charles Von Ohlen Chicago, IL Fred C. Begy, III Jr. W. David Watkins Jackson, MS George Poindexter Hewes, III William Davis Wells Pensacola, FL John Winfield Fleming Karen Johnson Williams Orangeburg, SC Charles H. Williams, II Max Edwin Wilson Mountain City, 0. Howard Wilson TN Barbara Lauren Woltz Tulsa, OK Edward Barton Dycus Bruce R. Zirinsky New York, NY Alan B. Miller

Opinions

No. 89-1817. County of Riverside and Cois Byrd, Sheriff of River- side County, Petitioners v. Donald Lee McLaughlin, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment vacated and case remanded to the Court of Appeals for fur- ther proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Marshall with whom Justice Blackmun and Justice Stevens join. Dissenting opinion by Jus- tice Scalia.

No. 90-18. Robert D. Gilmer, Petitioner v. Interstate/Johnson Lane Corporation. On writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit. Judgment affirmed. Opinion by Justice White. Dissenting opinion by Justice Stevens with whom Justice Mar- shall joins. MONDAY. MAY 13. 1991 721

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Carol Ann Webster Palo Alto, CA Richard G. Bell Allan Michael Fensten Los Angeles, CA Julian B. Fensten Theodore D. Dooley Minneapolis, MN Jack Moskowitz Gerard A. Brost Washington, DC Thomas Rumsey Jones Debra Lynn Stefanik Washington, DC Thomas Rumsey Jones John Burns Farley Hartford, CT Bradley Deck Belt Michael James Gustafson Hartford, CT Bradley Deck Belt Thomas Nelson Bulleit Jr. Washington, DC Jack N. Goodman Jeffrey Alan Brown Binghamton, NY John Gaul Judith Lennon Cashman Garden City, NY John Gaul Richard Clarino Newburgh, NY John Gaul Thomas Gray Clements Glens Falls, NY John Gaul Frank G. D'Angelo Garden City, NY John Gaul Donna M. Ciaccio Giliberto Albany, NY John Gaul Michael S. Haber New York, NY John Gaul Barbara Joanni Lord New York, NY John Gaul Michael Joseph McNulty Stamford, CT John Gaul Ann Marie McNulty Bronxville, NY John Gaul Raymond L. Moss Atlanta, GA John Gaul David Persky New York, NY John Gaul Gregory J. Pond Port Washington, John Gaul NY Vincent G. Riverso Scarsdale, NY John Gaul Marcel A. Sager New York, NY John Gaul Karen Goldberg Sager New York, NY John Gaul Beth E. Secaur Binghamton, NY John Gaul Caroline Ann Vadala Vestal, NY John Gaul Deborah Veach Teaneck, NJ John Gaul Donald Roger Wall New York, NY John Gaul Lisa Beth Weisberg New York, NY John Gaul Joseph P. Abinanti White Plains, NY Vincent R. Rippa Edward Patsy Borrelli Yonkers, NY Vincent R. Rippa Nancv Cifone New York, NY Vincent R. Rippa 722 MONDAY. MAY 13. 1991

Applicant City and State Movant

John Baptist Colangelo Port Chester, NY Vincent R. Rippa Melissa P. Corrado New York, NY Vincent R. Rippa Robert M. DiBella White Plains, NY Vincent R. Rippa Richard Guy Fontana Yonkers, NY Vincent R. Rippa Lucille A. Fontana White Plains, NY Vincent R. Rippa George Edward Fufidio White Plains, NY Vincent R. Rippa Marili L. Gelardi New York, NY Vincent R. Rippa Vincent Gelardi New York, NY Vincent R. Rippa Elena Christine Giarratano Greenburgh, NY Vincent R. Rippa Lawrence L. Maffei Yonkers, NY Vincent R. Rippa Robert J. Mancuso White Plains, NY Vincent R. Rippa Frances Dapice Marinelli White Plains, NY Vincent R. Rippa Michael Angelo Martinelli Yonkers, NY Vincent R. Rippa Anthony J. Pieragostini Mount Kisco, NY Vincent R. Rippa Albert Edwin Roberto Jr. South Salem, NY Vincent R. Rippa Andrew Alan Rubin White Plains, NY Vincent R. Rippa Anthony Alfred Scarpino Mount Vernon, Vincent R. Rippa Jr. NY

Adjourned until Monday, May 20, 1991, at 10 o'clock. x (JOURNAL) MONDAY. MAY 20. 1991 723 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 90-707. Dean Witter Reynolds, Inc. and Don L. Harris, Petition- ers v. Joan Chason Alford. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Gilmer v. Interstate/Johnson Lane Corporation, 500 U.S. (1991).

Orders in Pending Cases

No. A-805. Joseph M. Ward, Applicant v. Roy H. Park Broadcasting

Co. , Inc. , et al. The application for stay addressed to Justice White and referred, to the Court is denied. No. D-954. In the Matter of Disbarment of Virgil D. Dohe. Disbar- ment order entered. No. D-956. In the Matter of Disbarment of Stephen Wallace Tooth- aker. Disbarment order entered.

No. D-975. In the Matter of Disbarment of Richard A. Heidecke, Jr. Disbarment order entered. No. D-997. In the Matter of Disbarment of James Richard Alexan- der. It is ordered that James Richard Alexander, of Dallas, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-998. In the Matter of Disbarment of Jerome A. Susskind. It is ordered that Jerome A. Susskind, of Jackson, Michigan, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 724 MONDAY. MAY 20. 1991

No. D-999. In the Matter of Disbarment of Carlo Bradley Coleman. It is ordered that Carlo Bradley Coleman, of Jeffersonville, Indiana, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1000. In the Matter of Disbarment of Louis B. Youmans. It is ordered that Louis B. Youmans, of Tinton Falls, New Jersey, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within foily days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. 90-1499. James Rowland, Director, California Department of

Corrections, et al., Petitioners v. Maurice S. Thompson, et al. The mo- tion of respondents for leave to proceed in forma pauperis is granted.

Certiorari Granted

No. 90-1126. Barbara J. Norman, et al., Petitioners v. Dorothy Reed, et al; and

No. 90-1435. Cook County Officers Electoral Board, et al., Petition- ers v. Dorothy Reed, et al. The motion of Independent Voters of Illinois

Independent Precinct Organization for leave to file a brief as arnicas curiae in No. 90-1126 is granted. Petitions for writs of certiorari to the Supreme Court of Illinois granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 90-702. Sharon E. Cook, Petitioner v. Barratt American, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-1176. Illinois, Petitioner v. Brian Bernasco. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-1184. Quality Technology Company, Petitioner v. Stone &

Webster Engineering Company, Inc., et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1324. Nevada, Petitioner v. Cy Jamison, Director, Bureau of Land Management, Department of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1340. Eleanor S. Simpson, Petitioner v. Donald M. Simpson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. MONDAY. MAY 20. 1991 725

No. 90-1384. Charles Bobst, Petitioner v. Norfolk Southern Corpora- tion, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 90-1385. Fernando W. Anglada-Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 90-1388. Pamela S. Dempsey, Sue Terry, and Nancy J. Pender- graft, Petitioners v. Harry A. Bendiburg, Individually and as Adminis- trator of the Estate of Carl Bendiburg, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 90-1498. Thomas Gardner, Individually and Executive Director of the Florida Department of Natural Resources, et al., Petitioners v. Freeman R. Bateman. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1500. Harvey H. Toda, Petitioner v. City and County of Ho- nolulu. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1504. Pierce County District Court Probation Office, et al.,

Petitioners v. Diane G. Warner. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1522. 640 Broadway Renaissance Company, Petitioner v. Mario M. Cuomo, Governor of New York, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1545. James N. Moss, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1547. Emiliano Ruscitti, et al., Petitioners v. Carl Nuckols. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 90-1585. Neil J. Hanson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1618. John B. Kingston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1633. Melvin D. Phillips, Petitioner v. City of Martinez, Cali- fornia, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. 726 MONDAY. MAY 20. 1991

No. 90-5392. Charles K. Kanekoa and Warren E. Kanekoa, Petition- ers v. City and County of Honolulu, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-6656. Thomas Rhuel Spell, Petitioner v. Louisiana Depart- ment of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6874. Arnulfo Torres Perez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6926. Frederick T. Allen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-6929. Jeffery Wayne Duncan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6940. Ramon Gonzalez-Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7069. Columbus Brown, aka Lenwood Johnson, Petitioner v. Fred Crawford. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7070. Freddie Lee Felder, Petitioner v. Larry W. Huffman, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-7074. Thomas Jordan, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 90-7076. James McKee, Petitioner v. Hubert Speckard, Superin- tendent, Groveland Correctional Facility, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7087. Robert Henry Ponder, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7183. Johnny Robert Hinojosa, Petitioner v. United States; and

No. 90-7198. Ruben Rocha and Jose Santos Gallegos, Petitioners, v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. MAY 20. 1991 727

No. 90-7216. James Massa, Petitioner v. United States Court of Ap- peals for the Eighth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7217. Earl Foster Boise, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7258. Edwin Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-7261. Carolyn Simmons, Petitioner v. John O. Marsh, Secre- tary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7309. James Edward Wagner, Petitioner v. United States Department of Justice. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7332. Tyshone Lapaul Davis, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7389. James Edward Harris, Petitioner v. United States Dis- trict Court for the Eastern District of North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 90-7399. Bobby Ray West, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7413. Eugene J. Cahill, Sr., Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7442. Marie-Therese H. Assa'ad-Faltas, Petitioner v. Eliza- beth Armstrong, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7510. John-Tyrone Martin, Petitioner v. James R. Thompson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-7513. Charles J. Black, Petitioner v. Dean Witter Reynolds, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7517. Larry Pitts, Petitioner v. Robin Means. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied. 728 MONDAY. MAY 20. 1991

No. 90-7519. Eddie J. Green, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-7525. Robin Kenneth Vinik, Petitioner v. Middlesex County Probation Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7527. Louis Gorenc, Petitioner v. Pinal County, Arizona Sheriffs Office, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7528. Audrey Graves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7529. Anthony Anderson, Petitioner v. Dave Williams, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7531. Joe Alexander Browder, Jr., Petitioner v. Thomas O. Castlen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7532. Librado Rodriguez, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7535. David Christian Barker, Petitioner v. Wayne Estelle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7537. Harold Asch, Petitioner v. Merrill Lynch, Pierce, Fen- ner & Smith Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7540. Bufford McDonald, Petitioner v. George Sullivan. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7542. Jerry Montgomery, Petitioner v. Indiana Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7543. Bill Carroll, Jr., Petitioner v. Linwood V. Stephenson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-7546. Michael Rudolph, Petitioner v. John F. Whitley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. MAY 20. 1991 729

No. 90-7564. Jessie D. McDonald, Petitioner v. Yellow Cab Metro, Inc. Petition for writ of certiorari to the Court of Appeals of Tennessee, Middle Division, denied.

No. 90-7588. James Andrew Hampton, Petitioner v. Walter R.

Kelly, Superintendent, Attica Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7602. Royal W. Hadfield, Jr.; and Helen Hadfield, Petition-

ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7609. George Busch, Petitioner v. Glen R. Jeffes, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7610. Efraim Fontanez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7638. Robert Richard Heffernan, Petitioner v. A. L. Lock- hart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7651. Alesander Riascos Valenci, Pettitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-7658. Michael Wayne McNeil, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7671. Leonard Evander Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7683. Earl David Bryant, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied.

No. 90-7692. Roberto Dominguez-Prieto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7700. Kathryn S. Martin, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 730 MONDAY. MAY 20. 1991

No. 90-7720. George Scaria, Petitioner v. Department of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7721. Clarence Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7736. Manuel Montemayor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7742. Willie Earl Frazier, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7748. Ron Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7751. Slater Alonzo Judd, Jr., Petitioner v. United States District Court for the Northern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7752. Patricia Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7753. William Waddell Brown, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7758. Paul B. Owens, Petitioner v. L. L. Libhart. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7763. Sujit Singh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7765. Ali I. Mizyed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7771. Randy Ivan Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7773. Anthony Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. MAY 20. 1991 731

No. 90-7775. John David Easterling, aka Donald Ray Doyle, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7776. C. W. Fields, aka William T. Neilley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7780. Ibrahim Taorid, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-7798. Darrell I. Lowe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-7806. Partap Singh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-1505. Rosee Torres, dba Legal Secretarial Services, Ltd., etc., Petitioner v. Illinois Bell Telephone Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 90-7541. Dominick Occhicone, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Marshall.

No. 90-7549. Roy Williams, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting state- ment by Justice Marshall.

Mandamus Denied

No. 90-7569. In Re Arthur W. Carson, Petitioner. The petition for writ of mandamus is denied.

Rehearings Denied

No. 89-839. Arizona, Petitioner v. Oreste C. Fulminante;

No. 89-6482. Richard Wade Cooey, II, Petitioner v. Ohio;

No. 90-1253. Susan J. Fasse and Elizabeth Fasse, Petitioners v. Pa- tricia Hodgson;

No. 90-1343. Robert Lee Bond, Petitioner v. St. Joseph's Hospital,

Inc., et al.; 732 MONDAY. MAY 20. 1991

No. 90-1350. Josef Ben-Porat, et ux., et al., Petitioners v. Commis- sioner of Internal Revenue;

No. 90-5414. Tracy Lee, Petitioner v. Louisiana;

No. 90-6759. John J. Maguire, Petitioner v. United States;

No. 90-6807. Emmanuel Mitchell, Petitioner v. Otie Jones, et al.;

No. 90-6997. Jay C. Allen, Petitioner v. United States Postal Service;

No. 90-7016. Jose Martinez High, Petitioner v. Walter Zant, Warden;

No. 90-7019. Allison R. Childs, Petitioner v. Robert Liskey;

No. 90-7031. Estelle Fisher, Petitioner v. Chicago Transit Author- ity, et al.;

No. 90-7062. James E. Christian, Petitioner v. Pacific Gas and Elec- tric Company;

No. 90-7083. James L. Martin, Petitioner v. Clarkson S. Fisher, et al;

No. 90-7101. Lamberto Lucarelli, Petitioner v. Giovanni Sinicropi, et al;

No. 90-7143. Thomas Wilson, Petitioner v. Harold Clarke, Warden; and

No. 90-7386. In Re Oren Gene Gamble, Sr., Petitioner. The petitions for rehearing are denied.

No. 90-1214. Deen Thomas Williamson, Petitioner v. Abilene Inde- pendent School District, et al. The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is denied.

Recess Order

The Court will take a recess from Monday, May 20, 1991, until Thurs- day, May 23, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Paula Mary Aigner Hollidaysburg, Merle Kenton PA Evey Brian Eugene Andreoli Bethel, CT Thomas M. Haderlein MONDAY. MAY 20. 1991 733

Applicant City and State Movant

Adam J. Baker Birmingham, AL David J. Cooper Mary Ann Bearden Eugene, OR Mark W. Perrin Marylin A. Beck Boston, MA William Lyon Pardee John M. Boland Providence, RI Bernard W. Boyer Seamus Boyle Bayonne, NJ Jac B. Weiseman Michael A. Brave Eau Claire, WI Robert W. Wennerholm George Emil Brooks San Diego, CA Gerald Arthur Conradi Daniel L. Brotzman Denver, CO Charles Christian Grimm Roger Edward Cole Mobile, AL Carleton Davidson Powell Pamela Polak Collins Los Angeles, CA Karen L. Tachiki Barbara Saarni De Oddone San Francisco, CA Gary Philip Scholick Ward William Elmendorf Dallas, TX John Beirne Tolle Lee Fisher Columbus, OH Stanley M. Fisher Kenneth J. Fleisher Philadelphia, PA Marilyn J. Gelb Stephen Patrick Fogerty Hartford, CT Joseph G. Lynch Martin Jay Galvin Detroit, MI James Donald Tracy Charles William Garbett Ellwood City, PA Marvin A. Luxenberg Edward Ian Grossman Chicago, IL William Jay Slosberg Richard D. Grossman Chicago, IL William Jay Slosberg Michael Jack Harbin Mobile, AL Richard Russell Williams David Michael Hargis Little Rock, AR Anne Owings Wilson William David Johnston Wilmington, DE Bruce M. Stargatt Ronald Lee Jones Tallahassee, FL Mallory Eli Home Mark Leo Koblenz Albany, NY Andrew D. Koblenz 734 MONDAY. MAY 20. 1991

Applicant City and State Movant

Carol Mae Langford San Francisco, CA Dennis Spencer Kahane Diane Lewis Oklahoma City, James Gail Hamill OK Robert Dudley Lowry Eugene, OR John E. Jaqua Douglas Wayne Martin Waco, TX Percy R. Luney, Jr. Ilene L. McCauley Mesa, AZ Diane Albrecht Huckleberry Maurice G. McGuire Haverhill, MA Paul R. Sugarman Wesley Lawrence McPeek Kalamazoo, MI James Hamilton Geary Mark D. Pasewark St. Louis, MO David J. Newburger Alan S. Perlin Boston, MA Paul R. Sugarman Alice G. Pinderhughes Baltimore, MD Arrie Wilson Davis Bryan Powers Portland, TX Anthony Edwin Pletcher Daryl G. Raney Little Rock, AR Anne Owings Wilson Lorine M. Reid Dayton, OH Theodore Eugene Millspaugh Katherine Mcllroy Houston, TX Jonathan Burton Shoebotham Shoebotham

Darlee Earl Sill Hollidaysburg, Merle Kenton PA Evey Clinton G. Smith Jr. Harrisburg, PA Eugene J. Anastasio Tommy Ernest Swate Houston, TX John W. Milutin Margaret A. Tremba Pittsburgh, PA Paul H. Titus Steven Andrew Tritsch Rahway, NJ Bruce A. Tritsch James Carl Vance Nashville, TN Thomas Vincent White David R. Vandeventer Louisville, KY Robert Vaughan Bullock Peter Vollmer Freeport, NY Thomas Maligno G. Michael Westfall St. George, UT Russell J. Gallian MONDAY. MAY 20. 1991 735

Applicant City and State Movant

Gregg J. Wilson Boston, MA Dennis J. Kearney Russell R. Winer Tampa, FL Norman Salvatore Cannella

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Q'rvrklrQ'no W7 A IVlctiy rjialllfc: UWcIl opUKdllc, VV Jrx i nomas oiepnen

FoIpvJ. Ul" V

IvUUcI L JD. XlcIlUcI oUIl opUiidllc, VV JrY i iiuiiiab oiepnen Foley juarin x ooie r>ianu xlLLSuUlgn,Pittchnvrrh LPAJ\ nonoraoie Richard L. Thornburg, Attorney General of the TTr-iif/^rlunitea oiaiesQf of ao r IVTovlr T-Tommnnrlc TVTof r»o 1 t T o ki r* q of Civ* \ lVl dl i\. JTldllllllUIlUt? IVlclLdll i-idllLdlSLt;! , IV 1 Vjrdlcll £j. LyUUgc uian

r di icy , ii uavia l>. lviorenoufee r remont, in Cj Judge John Joseph r"Pavlovai ley, TT11 leresa lvi. ivicv^ormicK Orleans, LA Francis John Lorson

O-nlnnvin T\/T A jonn r . ivicuormicK urieans, ma Francis John Lorson Robert Bernard lusiin, Francis Marion

kJV-UvJCllU LAI g A llpcrrfl Paul T. DiCristofaro Providence, RI Maureen G. Slack Kevin Eugene Heckart Des Moines, IA Rodger Craig Harris Maurice F. Baggiano Charlottesville, Solicitor General VA Kenneth Winston Starr Janet Liebel Belliveau Pittsburgh, PA Solicitor General Kenneth Winston Starr James D. Belliveau Pittsburgh, PA Solicitor General Kenneth Winston Starr 736 MONDAY. MAY 20. 1991

Applicant City and State Movant

David Steven Bloom Pittsburgh, PA Solicitor General Kenneth Winston Starr Timothy Richard Bonner Grove City, PA Solicitor General Kenneth Winston Starr Barbara M. Carlin Pittsburgh, PA Solicitor General Kenneth Winston Starr John C. Carlin Jr. Pittsburgh, PA Solicitor General Kenneth Winston Starr Sally Griffith Cimini Pittsburgh, PA Solicitor General Kenneth Winston Starr Thomas Clinton Pittsburgh, PA Solicitor General Kenneth Winston Starr Anthony T. Colangelo Pittsburgh, PA Solicitor General Kenneth Winston Starr Ronald T. Conway Pittsburgh, PA Solicitor General Kenneth Winston Starr Michael Louis Dever Pittsburgh, PA Solicitor General Kenneth Winston Stan- Mark Stephen Elek Pittsburgh, PA Solicitor General Kenneth Winston Starr Mary C. Fairley Pittsburgh, PA Solicitor General Kenneth Winston Starr John H. Follansbee III Pittsburgh, PA Solicitor General Kenneth Winston Starr Joseph M. Fornari Jr. Pittsburgh, PA Solicitor General Kenneth Winston Starr MONDAY. MAY 20. 1991 737

Applicant Citv and State Movant

John A. Fries Pittsburgh, PA Solicitor General Kenneth Winston Starr Edward Bernardon Pittsburgh, PA Solicitor General Gentilcore Kenneth Winston Starr Kimberly S. Gilmore Pittsburgh, PA Solicitor General Kenneth Winston Starr James Robert Gilmore Pittsburgh, PA Solicitor General Kenneth Winston Starr Jeffrey Paul Gooderham Pittsburgh, PA Solicitor General Kenneth Winston Starr Karen Hassinger Washington, PA Solicitor General Kenneth Winston Starr John B. Hayes Pittsburgh, PA Solicitor General Kenneth Winston Starr Jerry R. Hogenmiller Pittsburgh, PA Solicitor General Kenneth Winston Starr W. Arch Irvin Jr. Pittsburgh, PA Solicitor General Kenneth Winston Starr Richard Louis Jacobs Pittsburgh, PA Solicitor General Kenneth Winston Starr Marie Milie Jones Pittsburgh, PA Solicitor Generl Kenneth Winston Starr Robert B. Keddie Pittsburgh, PA Solicitor General Kenneth Winston Starr Susan W. Laatsch Pittsburgh, PA Solicitor General Kenneth Winston Starr 738 MONDAY. MAY 20. 1991

Applicant Citv and State Movant

Penina Kessler Lieber Pittsburgh, PA Solicitor General Kenneth Winston Starr Donald Edward Machen Pittsburgh, PA Solicitor General Kenneth Winston Starr Joseph Mack III Pittsburgh, PA Solicitor General Kenneth Winston Starr James Richard Mall Pittsburgh, PA Solicitor General Kenneth Winston Starr Kellen McClendon Pittsburgh, PA Solicitor General Kenneth T W inston Starr Mary Joan McCrory Pittsburgh, PA Solicitor General Kenneth Winston Starr Leslie D. Michel Pittsburgh, PA Solicitor General Kenneth Winston Starr James E. Miscavage Pittsburgh, PA Solicitor General Kenneth Winston Starr Richard F. Paciaroni Pittsburgh, PA Solicitor General Kenneth Winston Starr Madelyn Anne Reilly Pittsburgh, PA Solicitor General Kenneth Winston Starr Frank E. Reilly Pittsburgh, PA Solicitor General Kenneth Winston Starr Thomas A. Sarkus Donora, PA Solicitor General Kenneth Winston Starr Christine M. Selden Pittsburgh, PA Solicitor General Kenneth Winston Starr MONDAY. MAY 20. 1991 '39

Applicant Citv and State Movant

Timothy Warren Silbaugh Grove City, PA Solicitor General Kenneth Winston Starr Phillip Scott Simon Pittsburgh, PA Solicitor General Kenneth Winston Starr John Patrick Smider Washington, PA Solicitor General Kenneth Winston Starr Michelle A. Sphar Pittsburgh, PA Solicitor General Kenneth Winston Starr Janet Irvin Steitz Pittsburgh, PA Solicitor General Kenneth Winston Starr Douglas Alan Thompson Pittsburgh, PA Solicitor General Kenneth Winston Starr Ronald J. Werhnyak Pittsburgh, PA Solicitor General Kenneth Winston Starr Robert A. Wiesemann Pittsburgh, PA Solicitor General Kenneth Winston Starr Ann Mulroy Wohlgemuth Pittsburgh, PA Solicitor General Kenneth Winston Starr Robert Harry McCall Westbury, NY George Lawrence Roach Judith A. Ackerman Williston Park, George Lawrence NY Roach Rita A. Alberti Long Beach, NY George Lawrence Roach Manmohan Krishan Bakshi New York, NY George Lawrence Roach Charles S. Butin Great Neck, N^ George Lawrence Roach Anthony A. Capetola Williston Park, George Lawrence NY Roach — 1

740 MONDAY. MAY 20. 1991

Applicant City and State Movant

fipfiycrp Richard Stanlev Cenina Lvnbrook NY VJ V7 VI VT XJaV^T.nuTPnpp1CI1VC Roach Gporcrp T,fi\\TPnpp in.iAnn ill durtin\_y u.i l ii i Chahot1

Tl^niplX-/Cllll\_;l dnllin^V_> Willi lo Garden Citv NY Opnrcrpucui cc uaT ,a wvptippvvi cute Roach Garden Citv NY VICUlC^&circrcgc UaV>IClll,CLawvptipp Roach

Gporcrp T ,flUTPnf>p ElizahpthJ l \.kL*C\Kj\Z LI J XXIAnn111 X/llDiPiorp1U1 t Garden Citv NY Roach

~ Gporcrp Frank1 1 Cll 1IY il.A Doddato1_V V VI VI CI V. V EastUUOl Hills1 1 1 1 .U , NYi. X VJI VU1 gc UUTiflwrpnppVV1 Roach lluoCRnsp Fpkmjin1 j V IV 1 1 Idl i liCNewW YorkX UI X\ NY1 i X Gporcrp TiPwrpnpp Roach

Patrick .To<>pnVi Focrartv 1NpwX C W YorkX V/l XV, NY11 X GporCTPucuigc uawiciitcT .iXWTVPYLPC* Roach

.To^poVi TCpnnptVi Garnpan newNpw York1 UltV, NYIX X GpOVCTPVJTCV/X &C UaWT .JlUTPTIfPl cute Roach T-ipynavr] XJCX iiCXl Vl k_)dlScilvntorPV dLV/1 C VJXGt*PPOCV-U Woodhnrv NY Gpovctp T.flwvpnpp Roach

Farrnincrdjilp Gporcrp T ,a F);wid Grpv J i wTPnfP L P • I i J (i V IVX X VJX ^ V X CI Ill J cVl CI V j NYIN X UCul Cv IJU Wi CULC Roach

l~)jivid PpniaminI Gro X L/aVlU 1J Roach

T-TvHp Gpnrcrp T .awvptifp X 1 dlllY TV . XXCXI 1 IS newNpw ii vuc xParkdi xv, VJl CUi gC XJdWXCllV-C NY Roach

Pocrpy* T-fpnyv T-Tsiii^pVi IvUtCI 11C1H V XXdlXoV.ll MinpolaiTxii l v; v/ici , NYxx x GporcrpVJCUl gC Ti^wrpnpp1 J d V V 1 VJI1VV Roach

FVyirik -T T-fnhprt Gporcrp X X dlliV O . 11UUC1 L Popkvillp Cpntrp vJv^v^x wv- uawiciiLvTi^wrpnpp NY Roach

JJClPpyrtflvdUal U FdwavdX_JVXWdXvl O.Tpjpoiipc;dV VJ U-CTo 1>NewC W YorkX VJI XV, NY1 X X Gporcrpvj cui v xjaT.flwrpnfPw x ciivC Roach

XJvlwdlviFHwurd IVxdLLllCWMntthpw XVCll^TvpIIv lTldood^JCLJlVTi}QQH'npnnnLid, INNYX vjrcvJXgcrGpotctp uowiculcT,flWT*pnpp Roach

Ban M. Lewis uceansiae, in i u-eorge ijawrence Roach

James J. Lodato Mineola, NY George Lawrence Roach MONDAY. MAY 20. 1991 741

Applicant City and State Movant

Kenneth L. Marten Mineola, NY George Lawrence Roach Harold B. Mayer Jr. Smithtown, NY George Lawrence Roach Laurence Gerard Little Neck, NY George Lawrence McDonnellt\ /r . i a _ -.11 Roach Henry William Pearson Massapequa, NY George Lawrence Roach Miriam Pismeny Roslyn Heights, George Lawrence XT"V JN Y Roach Eleanor Grob Rand New York, NY George Lawrence Roach Robert Hutchinson Ringer Bayside, NY George Lawrence Roach Patrick A. Robinson Hempstead, NY George Lawrence Roach

Elihu I. Rose Roslyn, NY George Lawrence Roach Madeleine H. Rothman Hewlett, NY George Lawrence Koacn Andrew James Schatkin New York, NY George Lawrence Roach John Schlingheyde Westbury, NY George Lawrence Roach Michael J. Seltzer Westbury, NY George Lawrence Roach William Anthony Sheckutz East Meadow, NY George Lawrence Jr. Roach Frank G R Smith Freeport, NY George Lawrence Roach Neal Stuart Spector Mineola, NY George Lawrence Roach Alice Kila Spector Roslyn, NY George Lawrence Roach Joseph Patrick Spinola Hicksville, NY George Lawrence Roach Robert A. Ungar Queens, NY George Lawrence Roach 742 MONDAY. MAY 20. 1991

Applicant City and State Movant

William J. Wallace Bronx, NY George Lawrence Roach Owen B. Walsh Oyster Bay, NY George Lawrence Roach William P. Ward Malverne, NY George Lawrence Roach

Stephen I. Widlitz Huntington, NY George Lawrence Roach Valerie Anne Wieczorek Mineola, NY George Lawrence Roach Stephen Edward Zaino Garden City, NY George Lawrence Roach Alicia Lori Dvoskin Hauppauge, NY George Lawrence Roach Lepoldo Alventosa Stony Brook, NY George Lawrence Roach Guy Arcidiacono Riverhead, NY George Lawrence Roach Edwin F. Black Huntington, NY George Lawrence Roach Michael Buffa Bethpage, NY George Lawrence Roach Phyllis Campion Stony Brook, NY George Lawrence Roach Melvin R. Cannon Bay Shore, NY George Lawrence Roach Diane Camille Carroll West Babylon, George Lawrence NY Roach Kathleen Ann McSweeney Huntington, NY George Lawrence Cruise Roach John M. DelliCarpini Deer Park, NY George Lawrence Roach Gloria Dimiceli Manhasset, NY George Lawrence Roach

Tr>^pnh TYT Flnd7wpip" Great Neck NY George Lawrence Roach Francesca Virginia Erale Brentwood, NY George Lawrence Roach MONDAY. MAY 20. 1991 743

Applicant City and State Movant

Susan Ann Flynn Kings Park, NY George Lawrence Roach Stephen J. Flynn Smithtown, NY George Lawrence Roach Kathleen Ann Fugelsang Hauppauge, NY George Lawrence Roach Joel Murray Furman Patchogue, NY George Lawrence Roach Harry Greenberg Lake Success, NY George Lawrence Roach Elizabeth M. Harrington Kings Park, NY George Lawrence Roach Sidney Hirschfeld Middletown, NY George Lawrence Roach Judy Slater Hirshon Freeport, NY George Lawrence Roach John E. Holownia East Setauket, George Lawrence NY Roach Neal Ira Konecky Hauppauge, NY George Lawrence Roach Bryan P. Kujawski Der Park, NY George Lawrence Roach Sanders Lee Kurtz East Setauket, George Lawrence NY Roach Linda Anna Kurtzberg Dix Hills, NY George Lawrence Roach Ira B. Kurtzberg Dix Hills, NY George Lawrence Roach Kathleen Frances Lobben Stony Brook, NY George Lawrence Roach

Denis J. McElligott Kings Park, NY George Lawrence Roach Margaret E.S. McPartlin St. James, NY George Lawrence Roach Kenneth Marc Mollins Garden City, NY George Lawrence Roach Francine H. Moss Coram, NY George Lawrence Roach 744 MONDAY. MAY 20. 1991

Applicant City and State Movant

Charles Francis Peterson Smithtown, NY George Lawrence Roach Margaret L. Pezzino Huntington, NY George Lawrence Roach Nina Marie Santucci Pozgar East Northport, George Lawrence NY Roach Athanasios Pragias Garden City, NY George Lawrence Roach Scott Duane Rubin Mineola, NY George Lawrence Roach

Marcy I. Rudner Hauppauge, NY George Lawrence Roach Scott J. Salimando Patchogue, NY George Lawrence Roach Ronald A. Samanowitz Great Neck, NY George Lawrence Roach Andrew Reginald Scott Mineola, NY George Lawrence Roach Kenneth Michael Seidell Deer Park, NY George Lawrence Roach Andrew B. Siben Bay Shore, NY George Lawrence Roach Joel Sikowitz Babylon, NY George Lawrence Roach Stephen Pierce Silberling Huntington, NY George Lawrence Roach Penny Sandra Slomovitz- Holbrook, NY George Lawrence Glaser Roach Richard D. Winkler Miller Place, NY George Lawrence Roach James R. Winkler Port Jefferson, George Lawrence NY Roach Carol A. Young Bethpage, NY George Lawrence Roach Daniel Arthur Zahn Holbrook, NY George Lawrence Roach

Stephen J. Sedensky III Bridgeport, CT Paul R. Sugarman Barbara Schoke Accetta Newton, MA Paul R. Sugarman MONDAY. MAY 20. 1S91 745

Applicant City and State Movant

Michael Kenneth Block Fitchburg, MA Paul R. Sugarman Max Borten West Newton, Paul R. Sugarman MA Charles M. Burnim Marblehead, MA Paul R. Sugarman Debra Carr San Antonio, TX Paul R. Sugarman Gerard J. Clark Cambridge, MA Paul R. Sugarman Robert C. Cosgrove Braintree, MA Paul R. Sugarman Patricia A. Costigan Randolph, MA Pul R. Sugarman Joan T. Curran Boston, MA Paul R. Sugarman Frederick Michael Doyle Boston, MA Paul R. Sugarman Dennis Matthew Duggan Boston, MA Paul R. Sugarman Jr. Thomas P. Elias Lowell, MA Paul R. Sugarman Robert Vincent Finneran Newburyport, Paul R. Sugarman MA Karen R. Galat Newburyport, Paul R. Sugarman MA Francis J. Gillan III Attleboro, MA Paul R. Sugarman James F. Grosso Shrewsbury, MA Paul R. Sugarman Margaret N. Henehan Boston, MA Paul R. Sugarman Robert H. Kelley Boston, MA Paul R. Sugarman Carolyn M. Kiely Washington, DC Paul R. Sugarman Paul V. Lyons Milton, MA Paul R. Sugarman John Albert McArdle III Portland, ME Paul R. Sugarman Cheryl Ann Mclnroy Boston, MA Paul R. Sugarman Russell G. Murphy Boston, MA Paul R. Sugarman Joan Laffey Nelson Hyannis, MA Paul R. Sugarman Burce Gilbert Nicholls Boston, MA Paul R. Sugarman David Leonard Albert Attleboro, MA Paul R. Sugarman Nolan Paul M. Novak Worcester, MA Paul R. Sugarman James Henry O'Hare North Swansea, Paul R. Sugarman MA Norman Albert Peloquin II Dartmouth, MA Paul R. Sugarman Elliott Powers Colorado Springs, Paul R. Sugarman CO Michael Hawes Reardon Washington, DC Paul R. Sugarman Howard M. Russell Boston, MA Paul R. Sugarman 746 MONDAY. MAY 20. 1991

Applicant Citv and State Movant

Faith Doris Segal Brookline, MA Paul R. Sugarman Gerald P. Shea Salem, MA Paul R. Sugarman Kathy E. Smith Holden, MA Paul R. Sugarman Michael Fredrick Boston, MA Paul R. Sugarman Sommerville Andrea C. Stanton Boston, MA Paul R. Sugarman Joseph J. Wadland Boston, MA Paul R. Sugarman Laurie E. Weinstein Boston, MA Paul R. Sugarman Ellen Jane Abromson Annapolis, MD Paul R. Sugarman Richard Larry Boire Rochester, NH Paul R. Sugarman Frank A. DePippo Keene, NH Paul R. Sugarman

Opinions

No. 90-149. Michigan, Petitioner v. Nolan K. Lucas. On writ of cer- tiorari to the Court of Appeals of Michigan. Judgment vacated and case remanded to the Court of Appeals for further proceedings not inconsist- ent with the opinion of this Court. Opinion by Justice O'Connor. Opin- ion by Justice Blackmun concurring in the judgment. Dissenting opin- ion by Justice Stevens with whom Justice Marshall joins.

No. 90-6282. Daniel Touby, et ux., Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice O'Connor. Concurring opinion by Justice Marshall with whom Justice Blackmun joins.

No. 88-7247. Bryan Stuart Lankford, Petitioner v. Idaho. On writ of certiorari to the Supreme Court of Idaho. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsist- ent with the opinion of this Court. Opinion by Justice Stevens. Dissent- ing opinion by Justice Scalia with whom the Chief Justice, Justice White, and Justice Souter joins.

No. 90-5635. John J. McCarthy, Petitioner v. George Bronson, War- den, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Stevens.

No. 90-89. International Primate Protection League and its Mem- bers, et al., Petitioners v. Administrators of Tulane Educational Fund, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case remanded to the United States District Court for the Eastern District of Louisiana with instruc- tions that the case be remanded to the Civil District Court for the Par- MONDAY. MAY 20. 1991 747 ish of Orleans, Louisiana. Opinion by Justice Marshall. Justice Scalia took no part in the decision of this case.

No. 90-516. Jill S. Kamen, Petitioner v. Kemper Financial Services,

Inc., et al. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall.

No. 88-1847. Ford Motor Credit Company, Inc., Appellant v. De- partment of Revenue, State of Florida. Appeal from the District Court of Appeal of Florida, First District. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice O'Connor took no part in the decision of this case.

Adjourned until Thursday, May 23, 1991, at 10 o'clock. x

(JOURNAL) WEDNESDAY. MAY 22. 1991 749 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-886. Ignacio Cuevas, Applicant v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. The application for stay of execution of sentence of death presented to Jus- tice Scalia and by him referred to the Court is denied. Dissenting state- ment by Justice Marshall.

Certiorari Denied

No. 90-8102. Ignacio Cuevas, Petitioner v. Texas. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is denied. Petition for writ of certio- rari to the Court of Criminal Appeals of Texas is denied. Dissenting statement by Justice Marshall.

(JOURNAL) THURSDAY. MAY 23. 1991 751 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1008. Dwight H. Owen, Petitioner v. Helen Owen. On writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice Scalia. Dissenting opinion by Justice Stevens.

No. 89-1918. Robert L. McCormick, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Scalia. Dis- senting opinion by Justice Stevens with whom Justice Blackmun and Justice O'Connor join.

No. 90-350. Jeanne Farrey, fka Jeanne Sanderfoot, Petitioner v. Gerald J. Sanderfoot. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case re- manded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Kennedy with whom Justice Souter joins.

No. 89-1391. Irving Rust, etc., et al., Petitioners v. Louis W. Sulli- van, Secretary of Health and Human Services; and

No. 89-1392. New York, et al., Petitioners v. Louis W. Sullivan, Sec- retary of Health and Human Services. On writs of certiorari to the United States Court of Appeals for the Second Circuit. Judgment af- firmed. Opinion by the Chief Justice. Dissenting opinion by Justice Blackmun with whom Justice Marshall joins, with whom Justice Ste- vens joins as to Parts II and III, and with whom Justice O'Connor joins as to Pail I. Dissenting opinion by Justice Stevens. Dissenting opinion by Justice O'Connor.

No. 90-96. Frederick A. Siegert, Petitioner v. H. Melvyn Gilley. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment affirmed. Opinion by the Chief Justice. Opinion by Justice Kennedy concurring in the judgment. Dissenting 752 THURSDAY. MAY 23. 1991 opinion by Justice Marshall with whom Justice Blackmun joins, and with whom Justice Stevens joins as to Parts II and III.

No. 90-622. Florida, Petitioner v. Enio Jimeno, et al. On writ of cer- tiorari to the Supreme Court of Florida. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsist- ent with the opinion of this Court. Opinion by the Chief Justice. Dis- senting opinion by Justice Marshall with whom Justice Stevens joins.

Adjourned until Tuesday, May 28, 1991, at 10 o'clock. x (JOURNAL) TUESDAY. MAY 28. 1991 753 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal— Summary Disposition

No. 90-1352. Mexican American Bar Association of Texas, (MABA),

et al., Appellants v. Texas, et al. Appeal from the United States Dis- trict Court for the Western District of Texas. The appeal is dismissed for want of jurisdiction. Justice Blackmun and Justice Stevens would note probable jurisdiction and set the case for oral argument.

Orders in Pending Cases

No. — . Ferris E. Traylor, Petitioner v. Herbert Behrens, et al. The motion of respondents for an order to direct the Clerk to refuse to file a petition for a writ of certiorari directed to the United States Court

of Appeals for the Eleventh Circuit, case No. 88-5242, is granted. No. D-959. In the Matter of Disbarment of Harry Hilliard Braxton. Disbarment order entered.

No. D-1001. In the Matter of Disbarment of Joseph A. Tracy. It is ordered that Joseph A. Tracy, of Scarborough, New York, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1290. Robert R. Freeman, et al., Petitioners v. Willie Eu-

gene Pitts, et al. The motion of the Solicitor General for leave to par- ticipate in oral argument as amicus curiae and for divided argument

is granted.

No. 90-681. Barbara Hafer, Petitioner v. James C. Melo, Jr., et al. The motion of American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted.

No. 90-1600. Alabama, Petitioner v. Timothy John Yelder. The ap- plication for stay addressed to Justice Scalia and referred to the Court

is denied. 754 TUESDAY. MAY 28. 1991

No. 90-7381. Walter J. Blair, Petitioner v. Bill Armontrout, Warden. The motion of petitioner for leave to amend petition for writ of certio- rari is granted. The motion of petitioner to strike Attorney General's brief in opposition is denied.

Certiorari Granted

No. 90-1361. Holywell Corporation, et al., Petitioners v. Fred Stan- ton Smith, etc., et al.; and

No. 90-1484. United States, Petitioner v. Fred Stanton Smith, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 90-1075. Joe E. Walker, Jr., dba The Last Chance Lounge, Peti- tioner v. City of Kansas City, Missouri, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1211. Larry B. Lauver, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1254. New York, Petitioner v. Eddy Guzman. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-1337. United States, Petitioner v. Oliver L. North; and

No. 90-1501. Oliver L. North, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 90-1356. Orville Patterson, Jr., Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 90-1360. Sea-Land Service, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1382. Robert L. McCullough, et ux., Petitioners v. Federal Deposit Insurance Corporation, as Receiver of Twin City Savings, FSA. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 90-1386. Eli Tarbell, Anthony Laughing and Peter Burns, Sr.,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. TUESDAY. MAY 28. 1991 755

No. 90-1389. Clark Equipment Company, and Consolidated Subsid- iaries, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1437. Frederick Leon Dotson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1468. Mary Detwiler, Petitioner v. City of Akron. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 90-1490. The Celotex Corporation, Petitioner v. Lloyd D. King, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-1496. Donald Steeg, et ux., Petitioners v. City of Dearborn Heights, Michigan, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-1515. George Yarchak, Father and Administrator of the Es- tate of David Everett Yarchak, Deceased, Petitioner v. Munford, Inc., et al. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-1523. American Booksellers Association, Inc., et al, Petition- ers v. James Webb, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1524. Allen H. Smith, Petitioner v. Mary Jane Smith. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Har- risburg Office, denied.

No. 90-1529. Richard W. Lubart, Petitioner v. Collins, Collins and Dinardo. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1531. Southeast Kansas Community Action Program, Peti- tioner v. Stanley C. Grant, Secretary, Kansas Department of Health and Environment. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 90-1534. Gill Hollingsworth, Petitioner v. Texas, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied.

No. 90-1535. Cone Corporation, et al., Petitioners v. Florida Depart- ment of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 756 TUESDAY. MAY 28. 1991

No. 90-1536. Guy Hunt, et al., Petitioners v. Robert Lee Butler, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-1537. Local 322, Allied Industrial Workers of America,

AFL-CIO, Petitioner v. Johnson Controls, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1540. Arnold Weiss, Petitioner v. Federal Reserve Bank of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1546. Alfred Beavers, et ux., Petitioners v. Jeffrey Woods, et ux. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-1554. Kevin King, etc., et al., Petitioners v. Eastern Airlines, Inc. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 90-1559. Paul J. Erlandson, etc., et al, Petitioners v. Inter- national Bank of Corpus Christi, N.A., et al. Petition for writ of cer- tiorari to the Court of Appeals of Texas, Thirteenth District, denied.

No. 90-1568. American Civil Liberties Union/Eastern Missouri

Fund, et al., Petitioners v. B. Stephen Miller, III. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 90-1617. Bernard J. Hatch, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1637. William R. Mills, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 90-1638. Helen Land, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 90-1654. Rawley Patton, Petitioner v. Charles C. Vardell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6099. Rose Meckley, Petitioner v. Michael Magnum, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6657. Harold Scott, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. TUESDAY. MAY 28. 1991 757

No. 90-7023. Mickie James Meriwether, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7073. Jeffrey David Howard, Petitioner v. United States; and

No. 90-7432. Ricky Leroy Stanley, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7221. Gregory Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7229. William Horacio Pineda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7275. Troy Donovan Lewis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7284. Olivia Chambers, Petitioner v. Prudential Insurance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7293. James F. Borer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7438. Anthony L. Cozzetti, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7558. Mark C. Thomas, Petitioner v. Nebraska. Petition for writ of certiorari to the District Court of Nebraska, Buffalo County, denied.

No. 90-7559. Stewart Roland Wunder, Petitioner v. Mary Elizabeth Wunder. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-7561. David Brian Lee, Petitioner v. Salvador Godinez, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7565. Henry L. McCone, Petitioner v. Sagebrush Properties,

Inc., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7568. William Cooper, Petitioner v. James Eberle, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 758 TUESDAY, MAY 28. 1991

No. 90-7573. Alvin Davis, Petitioner v. Daniel Senkowski, Superin- tendent, Clinton Correctional Facility Annex. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7577. Johnny Ray Basham, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-7580. Jon Michael Vastelica, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7583. Robert Ziegler, Petitioner v. Ron Champion, Warden, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-7587. Caleb Daniel Hughes, Petitioner v. The Washington Post Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7589. Christopher Eugene Longstreth, Petitioner v. Okla- homa. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-7593. Roy Sutton, Petitioner v. Estate of Roy C. Sutton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7595. Joseph Reese, Petitioner v. Norm Hill, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7604. Paul B. Owens, Petitioner v. L. L. Libhart, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7605. John Rodgers Burnley, Petitioner v. Edward W. Mur- ray, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7608. John Michael Ferenc, Petitioner v. Robert A. Butter- worth. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-7650. Marion Jay Russell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7708. Willie Ray McDonald, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. TUESDAY. MAY 28. 1991 759

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7734. Joseph Curiale, Petitioner v. Alaska. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7746. Michael D. Grant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7747. Shannon Blake Triplett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7749. Eugene Szymanski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7772. Julio Perez-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7799. Natalya Tamara Hampel, et vir, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 90-7808. Gustavo Florez-Borrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7812. Randy Toran Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7814. Albert Penalver, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7815. Candido Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7825. William Floyd Windle, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 90-7827. Wayne Anthony Gardiner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 760 TUESDAY. MAY 28. 1991

No. 90-7829. Eric T. Krech, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7831. Odie Lee Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7834. Jimmy Lee Mitchell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7843. King Salahuddin, Petitioner v. Neil Rone, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7852. John Franklin Aycox, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7856. William David Jennings, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1530. Pan Am Corporation, et al., Petitioners v. Section 1110 Parties, et al. The motion of American Association of Equipment Les-

sors for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7163. Dennis D. Herring, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting opinion by Justice White with whom Justice Blackmun joins.

No. 90-7210. Carlos Eduardo Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Dissenting opinion by Justice White with whom Justice Blackmun and Justice O'Connor join.

No. 90-7259. Ronald Lee Sanders, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dis- senting statement by Justice Marshall.

No. 90-7518. Randall Hafdahl, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissent- ing statement by Justice Marshall.

No. 90-7592. Donald Ray Wallace, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Marshall TUESDAY. MAY 2b. 1991 761

No. 90-7733. Coleman Wayne Gray, Petitioner v. Charles E. Thomp- son, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Marshall.

No. 90-7655. Roger W. Moister, Jr., as Chapter Seven Trustee for

Alfred D. Busenlehner and Faye Elaine Busenlehner, Petitioners v. General Motors Acceptance Corporation. The motion of petitioner to

defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari.

Mandamus Denied

No. 90-7594. In Re Jerry Wiley, Petitioner. The petition for writ of mandamus is denied.

No. 90-7447. In Re Ronnie Lee Alston, Petitioner. The petition for writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 90-7056. Dorothy E. Scott, Petitioner v. Buehler Food Markets, Inc.; and

No. 90-7127. Willard Lester England, Jr., Petitioner v. Pennsyl- vania. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Tuesday, May 28, 1991, until Thursday, May 30, 1991. Opinions

No. 106, Original. State of Illinois, Plaintiff v. Commonwealth of Kentucky. On Exceptions to the Report of the Special Master. The exception of Kentucky to Part III—C. and Recommendation (3) of the report of the Special Master, as to the effect of modern dams on the level of the Ohio River, is sustained. Kentucky's other exceptions are overruled. The report, save for Part III-C. and Recommendation

(3), is adopted and the case remanded to the Special Master for such further proceedings as may be necessary to prepare and submit an appropriate decree for adoption by the Court, locating the 1792 line. Opinion by Justice Souter.

No. 89-7691. Dale Robert Yates, Petitioner v. Parker Evatt, Com- missioner, South Carolina Department of Corrections, et al. On writ 762 TUESDAY. MAY 28. 1991

of certiorari to the Supreme Court of South Carolina. Judgment re- versed and case remanded to the Supreme Court for further proceed- ings not inconsistent with the opinion of this Court. Opinion by Justice Souter. Opinion by Justice Scalia concurring in part and concurring in the judgment with whom Justice Blackmun joins as to Part B.

No. 89-7645. Dionisio Hernandez, Petitioner v. New York. On writ of certiorari to the Court of Appeals of New York. Judgment affirmed. Justice Kennedy announced the judgment of the Court and delivered an opinion joined by the Chief Justice, Justice White and Justice Souter. Opinion by Justice O'Connor concurring in the judgment with whom Justice Scalia joins. Dissenting opinion by Justice Blackmun. Dissenting opinion by Justice Stevens with whom Justice Marshall joins.

No. 90-5358. Thomas Braxton, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia.

No. 89-1679. Summit Health, Ltd., et al., Petitioners v. Simon J. Pinhas. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Stevens. Dis- senting opinion by Justice Scalia with wmom Justice O'Connor, Justice Kennedy and Justice Souter join.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Javier Aguilar Houston, TX John D. Gilpin Mark Taylor Arden Columbia, SC Eugene F. Rogers Eric John Bakken Seattle, WA Dan P. Danilov Francel Trotter Bellinger North Babylon, George LawTence NY Roach David Walter Body Des Moines, IA Frank James Carroll Geoffrey R. Bok Boston, MA EdwT ard B. Hanify John Barclay BowT man Fort Lauderdale, Steven Gary FL Shutter Lois Neely Brasfield Montgomery, AL Sharon E. Ficquette Steven Ellis Braun Paterson, NJ Ronald G. Marmo n

TUESDAY. MAY 28. 1991 763

Applicant City and State Movant

Nelson Ivan Burgos Silver Spring, MD William Francis Mulroney Dennis Michael Carazza Albany, NY Richard Stephen Arkow Leo T. Cody Boston, MA Jerome Howard Somers John Corny San Antonio, TX Eugene A. Cook Ralph Edwards St. Louis, MO James Lawrence Hawkins Jay M. Elias East Greenwich, Thomas Dunn RI Gidley Richard Sheldon Fischer Nacogdoches, TX Curtis B. Stuckey Thomas Forgue Chicago, IL William Porter Marshall

Robert C. Furr Boca Raton, FL Charles I. Cohen Anthony E. Gilles Santa Fe, NM Jay Francis Stein Stephen Michael Greenberg Albany, CA Denise Elizabeth Anton

Jovina Rae Hargis Los Angeles, CA Jack I. Samet Stephen L. Henning Batesville, MS William Clement Walker, Jr. Rickie Allen Johnson Mayfield, KY Thomas Lee Osborne Laura Davis Jones Wilmington, DE Bruce M. Stargatt Leilah Anne Kearny Boston, MA Robert J. O'Regan Loren Scott Keehn San Diego, CA Arlington Ray Robbins Barry L. Kelmachter New Haven, CT Robert H. Bachman Hans Peter Koesser Kenosha, WI Terry W. Rose Barry L. LaCour Metairie, LA Laurence R. Brown Mark Spencer Labe New Milford, NJ Bruce A. Gaeta Spero Thomas Lappas Harrisburg, PA Lori K. Serratelli Thomas Marc Litton San Francisco, CA Roderick Paul Bushnell

Stephen Kosozi Lubega Los Angeles, CA Jack I. Samet 764 TUESDAY. MAY 28. 1991

Applicant City and State Movant

Glen D. Mangum San Antonio, TX John McPherson Pinckney, III Kenneth L. Mann Orlando, FL Maxwell W. Wells, Jr. Kathleen A. Marron Minneapolis, MN Elliot S. Kaplan James Michael Martinez Norcross, GA John L. Nettles Bogdan Martinovih Libertyville, IL Michael Kennard Noonan Jonathan C. McCall New Orleans, LA Harry McCall, Jr. Lawrence Henry Meuers St. Paul, MN Christine Louise Meuers Susan Patricia Moran Oklahoma City, Judge J. Thornton OK Wright, Jr Jill A. Rocca Natola Carlisle, MA Michael F. Natola Penelope E. Nicholson Houston, TX Marie R. Yeates Charles Benjamin Greenville, SC Judge G. Ross Patterson Anderson, Jr. Joshua Paul New York, NY Michael Francis Maschio Bradford Curtis Peabody Baltimore, MD Michael R. Malloy Emilio A. F. Petroccione Albany, NY Jeffrey Dean Honeywell Nancy Eileen Pirt Washington, DC Judge Justin Morris Johnson Val Parham Price Jonesboro, AR Bill Penix Erik Hartz Rasmussen Seattle, WA John D. Lowery

Ernest I. Reveal III Minneapolis, MN Elliiot S. Kaplan David W. Rivkin New York, NY John H. Hall James Oliver Roberson Jr. New York, NY Roger Carl Algase Scott Jeffrey Rubin Harrisburg, PA Irwin A. Popowsky Ralph R. Ryan Pawtucket, RI Guy Jackson Wells Anthony R. Segall Los Angeles, CA Glenn Ellis Rothner William M. Shernoff Claremont, CA Richard Ben- Veniste Julie Morris Soden San Diego, CA Danny Rocke Grant TUESDAY. MAY 28. 1991 765

Applicant City and State Movant

Dean Phillip Sperling Santa Ana, CA David Bruce Bloom John Hamilton Stephens San Diego, CA Arlington Ray Robbins Lisa Deitsch Taylor Morristown, NJ Richard E. Brennan Greg Thompson Beaumont, TX Otto D. Hewitt, III

Thomas J. Undlin Minneapolis, MN Elliott S. Kaplan Richard Michael Wallar Logan, OH Robert W. Bruce, Jr. Clell Gordon Ward Greenville, MS Fred Cole DeLong, Jr. Harris Kingsley Weiner Providence, RI John A. Tarantino Charles Garrie White Amarillo, TX George Whittenburg

Priscilla Anne Whitehead- San Juan, PR Pedro J. Polanco Ferguson Otto Phillip Witt Bloomfield, CT Ronald Edward Lasky Robert Julian Zarbin Baltimore, MD Stephen Norris Rosenbaum

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Robert S. Ackrich Sherman Oaks, Robin Winchester CA Goodenough Gerard Christopher Boyle Denver, CO William E. Rentfro John Frederick Sass Golden, CO Frederick Sass Jr. Frank Hathaway Towsley White Plains, NY Carl G. Seutter Jr. Susan M. Wolf New York, NY William B. Wolf, Jr. Richard D. Zeigler Van Wert, OH John Beadle Holt John Weslev Davis Washington, DC Judge Judith W. Rogers 766 TUESDAY. MAY 28. 1991

Applicant City and State Movant

Calvita J. Frederick Chicago, IL Judge Judith W. Rogers Debra K. Mack New Orleans, LA Judge Judith W. Rogers Rachelle Victoria Browne Washington, DC Judge Judith W. Rogers Elaine Harris Spearman Saint Louis, MO Judge Judith W. Rogers Cheryl Lynn Ziegler Washington, DC Judge Judith W. Rogers Denise Juanita Baker Philadelphia, PA Judge Judith W. Rogers Zenola Harper Philadelphia, PA Judge Judith W. Rogers Catherine Stewart Philadelphia, PA Judge Judith W. Rogers U. Lawrence Boze' Houston, TX Judge Judith W. Rogers Michael Jay Lesser White Plains, NY Howard Alan Glickstein Felix M. Battista Westfield, NJ Howard Alan Glickstein Sonia Burgos Crannage Bay Shore, NY Howard Alan Glickstein Catherine Ottilio-Maggio Tenafly, NJ Howard Alan Glickstein

Jill Beverly Selden Dix Hills, NY Howard Alan Glickstein Dino G. Amoroso New York, NY Howard Alan Glickstein Rosalind E. Asch New York, NY Howard Alan Glickstein Timothy James Bedell New York, NJ Howard Alan Glickstein

New York NY 11UHowardVV CI J- Vl XAlanHUH Glickstein Mark Lafe Berman London, England Howard Alan Glickstein TUESDAY. MAY 28. 1991

Applicant City and State Movant

Joanne Carlozzi Brooklyn, N\ Howard Alan Glickstein

Timothy Leary Delaney blue Point, IN Y Howard Alan Glickstein

Eleanor Mary Dugan otaten island, IN i Howard Alan Glickstein

Leonard B. F eld i\ ew I OIK, IN I Howard Alan Glickstein iNorman oianiy ltouiq AltamonteA Howard Alan Springs, FL Glickstein Bruce Kenneth Gould Altamonte Howard Alan Springs, FL Glickstein

James Alfred Griffin Uyster bay, JN Y Howard Alan Glickstein J. Patrick Harrington New York, NY Howard Alan Glickstein VVilliam Michael Kamen Shaker Heights, Howard Alan Uri Glickstein Mark Allan Kovler Briarcliff Manor, Howard Alan IN 1 Glickstein - Elyse Hope Kovler Briarcliff Manor, Howard Alan

IN I LrllCKSLem

Sylvia Kolkin Malamud West bury, N i Howard Alan Glickstein Joseph Mure' Jr. Washington, JJL Howard Alan Glickstein Bonnie Sue Nachamie Kockville Cente, Howard Alan XTV Glickstein

Andrew Scott Nachamie Merrick, IN Y Howard Alan Glickstein Martin Howard Pollack Glen Head, N Y Howard Alan Glickstein Barry Mark Smolowitz Kings Park, N Y Howard Alan Glickstein Tina Taus Wasser New York, NY Howard Alan Glickstein Lawrence Allen Weinreich Syosset, NY Howard Alan Glickstein 768 TUESDAY. MAY 28. 1991

Applicant City and State Movant

David C. Novitsky Philadelphia, PA Howard Alan Glickstein Ann Began Furman Alexandria, VA Solicitor General Kenneth Winston Starr Michael B. Quigley Washington, DC Solicitor General Kenneth Winston Starr Linda L. Stamp Denver, CO Solicitor General Kenneth Winston Starr Gregory R. Vilders Denver, CO Solicitor General Kenneth Winston Starr Paul Saul Haar Washington, DC Solicitor General Kenneth Winston Starr Diane Sherry Lynne Washington, DC Solicitor General Kenneth Winston Starr

Marc J. Plotkin Washington, DC Solicitor General Kenneth Winston Starr Giovanna T. Sparagna Washington, DC Solicitor General Kenneth Winston Stan- Peter Van Buren Unger Washington, DC Solicitor General Kenneth Winston Starr Walter Edgbert King III Gray, GA Solicitor General Kenneth Winston Starr

John Harlan Callis III Hager Hill, KY Solicitor General Kenneth Winston Starr

Rex S. Caldwell III Annapolis, MD Solicitor General Kenneth Winston Starr TUESDAY. MAY 28. 1991 769

Applicant City and State Movant

Frank Peter Donnelly Bowie, MD Solicitor General Kenneth Winston Starr Judith Curchin Preston Chevy Chase, MD Solicitor General Kenneth Winston Starr David Arthur Skomba Baltimore, MD Solicitor General Kenneth Winston Starr Lillian McBee Trippett Arlington, VA Solicitor General Kenneth Winston Starr Marguerite Cameron Alexandria, VA Solicitor General Bateman Kenneth Winston Starr Kenneth J. Caputo Washington, DC Solicitor General Kenneth Winston Starr Wai-Ping Chan Silver Spring, MD Solicitor General Kenneth Winston Starr Mitchel Dwavne Grotch Brooklvn, NY Solicitor General Kenneth Winston Starr Rami S. Hanash Washington, DC Solicitor General Kenneth Winston Starr James Albert King Jr. Gaithersburg, MD Solicitor General Kenneth Winston Starr George L. Nyerges Cleveland, OH Solicitor General Kenneth Winston Starr Norton Hammond Brainard Philadelphia, PA Solicitor General III Kenneth Winston Starr

William J. Brennan Philadelphia, PA Solicitor General Kenneth Winston Starr 770 TUESDAY. MAY 26. 1991

Applicant City and State Movant

Bruce Dennis Collins Owego, NY Solicitor General Kenneth Winston Starr James Stuart Ettelson Philadelphia, PA Solicitor General Kenneth Winston Starr J. Scott Hommer III Altoona, PA Solicitor General Kenneth Winston Starr Wayne R. Maynard Philadelphia, PA Solicitor General Kenneth Winston Starr Elizabeth Ysla Chevy Chase, MD Solicitor General Kenneth Winston Starr James Michael Callan San Antonio, TX Solicitor General Kenneth Winston Starr Leonard Haves Fuller III Waco, TX Solicitor General Kenneth Winston Starr Edward G. Marion Jr. San Antonio, TX Solicitor General Kenneth Winston Starr Michael P. Davies-Sekle Reston, VA Solicitor General Kenneth Winston Starr Ellen Judith Saltz Kolansky Alexandria, VA Solicitor General Kenneth Winston Starr

Adjourned until Thursday, May 30, 1991, at 10 o'clock. x (JOURNAL) THURSDAY. MAY 30. 1991 771 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1690. California, Petitioner v. Charles Steven Acevedo. On writ of certiorari to the Court of Appeal of California, Fourth Appellate District. Judgment reversed and case remanded to the Court of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Blackmun. Opinion by Justice Scalia concurring in the judgment. Dissenting opinion by Justice White. Dissenting opinion by Justice Stevens with whom Justice Marshall joins.

No. 89-1217. James P. Lehnert, et al., Petitioners v. Ferris Faculty Association, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed in part, reversed in part, and case remanded to the Court of Appeals for further pro- ceedings in conformity with the opinion of this Court. Justice Black- mun announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III-B, III-C, IV-B (except for the final paragraph), IV-D, IV-E, and IV-F, and an opinion with respect to Parts III-A and IV-A, the final paragraph of Part IV-B, and Parts IV-C and V, in which the Chief Justice, Justice White, and Jus- tice Stevens join. Opinion by Justice Marshall concurring in part and dissenting in part. Opinion by Justice Scalia concurring in the judg- ment in part and dissenting in part with whom Justice O'Connor and Justice Souter join, and with whom Justice Kennedy joins as to all but Part III-C. Opinion by Justice Kennedy concurring in the judgment in part and dissenting in part.

No. 89-1715. Cathy Burns, Petitioner v. Rick Reed. On writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed in part, reversed in part, and case remanded to the Court of Appeals for further proceedings in conformity with the opin- ion of this Court. Opinion by Justice White. Opinion by Justice Scalia concurring in the judgment in part and dissenting in part with whom Justice Blackmun joins and with whom Justice Marshall joins as to Part III.

No. 90-5193. Dawud Majid Mu'Min, Petitioner v. Virginia. On writ of certiorari to the Supreme Court of Virginia. Judgment affirmed. 772 THURSDAY. MAY 30. 1991

Opinion by the Chief Justice. Concurring opinion by Justice O'Connor. Dissenting opinion by Justice Marshall with whom Justice Blackmun and Justice Stevens join as to all but Part IV. Dissenting opinion by Justice Kennedy. No. 90-5744. Richard L. Chapman, John M. Schoenecker and Patrick

Brumm, Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by the Chief Justice. Dissenting opinion by Justice Stevens with whom Justice Marshall joins.

Adjourned until Monday. June 3, 1991. at 10 o'clock. x (JOURNAL) MONDAY. JUNE 3. 1991 773 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally." Certiorari— Summary Disposition

No. 89-1929. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Massachusetts, et al. On petition for writ of cer- tiorari to the United States Court of Appeals for the First Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the

First Circuit for further consideration in light of Rust v. Sullivan, 500 U.S. (1991). No. 90-890. Louis Sullivan, Secretary of Health and Human Serv- ices, Petitioner v. Planned Parenthood Federation of America, et al. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of Rust v. Sullivan, 500 U.S. (1991). No. 90-1578. Helen Ehret Bach, Eugene G. Bach, III and Janet B.

Lashley, Petitioners v. Trident Steamship Company, Inc., et al. On pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of

McDermott International, Inc. v. Wilander, 498 U.S. (1991). No. 90-1611. Transamerica Occidental Life Insurance Company, Pe- titioner v. Leonard M. Koire. On petition for writ of certiorari to the Court of Appeal of California, Second Appellate District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, Second Appellate Dis- trict, for further consideration in light of Pacific Mutual Life Insurance Company v. Haslip, 499 U.S. (1991).

No. 90-6522. Raymond Patterson, Petitioner v. South Carolina. On petition for writ of certiorari to the Supreme Court of South Carolina. 774 MONDAY. JUNE 3. 1991

The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of South Carolina for further consideration in light of Hernandez v. New York, 500 U.S. (1991).

Orders in Pending Cases

No. D-978. In the Matter of Disbarment of Corrine Anderson Mc- Clure. Disbarment order entered.

No. D-984. In the Matter of Disbarment of Gene Flinn. Disbarment order entered.

No. D-986. In the Matter of Disbarment of Kenneth Paul Zauber. Disbarment order entered.

No. D-1002. In the Matter of Disbarment of Dan McCall Brazil. It is ordered that Dan McCall Brazil, of Lufkin, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1003. In the Matter of Disbarment of Darryl Glenn Campbell. It is ordered that Darryl Glenn Campbell, of Houston, Texas, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1004. In the Matter of Disbarment of Robert E. L. Looney. It is ordered that Robert E. L. Looney, of Austin, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 108, Original. State of Nebraska, Plaintiff v. States of Wyoming and Colorado. The motion of the Special Master for award of compensa- tion and expenses is granted and the Special Master is awarded a total of $70,718.52 for the period October 1, 1990 through May 15, 1991, to be paid as follows: 20% by the United States and 409c each by Nebraska and Wyoming.

No. 90-584. Southwest Marine, Inc., Petitioner v. Byron Gizoni. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. MONDAY. JUNE 3. 1991 775

No. 90-681. Barbara Hafer, Petitioner v. James C. Melo, Jr., et al.

The motion of Nancy Haberstroh for leave to file a brief as amicus cu-

riae is granted.

No. 90-769. Louise H. Renne, San Francisco City Attorney, et al.,

Petitioners v. Bob Geary, et al. The motion of respondents for leave to

file appendices is denied.

No. 90-1342. Immigration and Naturalization Service, Petitioner v. Jairo Jonathan Elias Zacarias. The motion of the Solicitor General to

dispense with printing the joint appendix is granted. Certiorari Granted

No. 90-1603. R. H. Macy & Co., Inc., et al., Petitioners v. Contra Costa County, California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, granted.

No. 90-1341. United States Department of Energy, Petitioners v.

Ohio, et al.; and

No. 90-1517. Ohio, et al., Petitioners v. United States Department of Energy. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 90-6105. John H. Evans, Jr., Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit granted. Certiorari Denied

No. 90-44. Richard Green, Petitioner v. Charles Richard Snow, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-870. Society National Bank, et al., Petitioners v. Robert Warren, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 90-1169. Planned Parenthood Federation of America, Inc., et al., Petitioners v. Agency for International Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-1195. Daniel Leary, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-1237. Dana Herbert Theis, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Court of Appeals of North Carolina denied. 776 MONDAY. JUNE 3. 1991

No. 90-1290. Edward F. Bagdon, Petitioner v. Firestone Tire and Rubber Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1297. Walter R. Webster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1355. Thakorbhai L. Patel, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 90-1406. Rowe Industries, Inc., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 90-1414. North Dakota Board of University and School Lands,

Petitioner v. Edward R. Madigan, Secretary of Agriculture, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1420. Barbara A. McKinney, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-1467. Church of Scientology of California, Petitioner v. United States and Sandra B. Baker. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1548. Silvia Kaiser, aka Silvia Kaiser Block, Petitioner v.

Bernhard Martin Peer, et al. Petition for writ of certiorari to the Supe- rior Court of Georgia, Fulton County, denied.

No. 90-1549. Gordon R. Stahn, Petitioner v. Ray Haeckel. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1551. Holywell Corporation, et al., Petitioners v. Bank of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1553. Gene Flinn, Petitioner v. Florida Bar. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-1558. DeVaughn E. Williams, Petitioner v. First Union Na- tional Bank of North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1561. Borden, Inc., Petitioner v. Meiji Milk Products Co., Ltd. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. MONDAY. JUNE 3. 1991 777

No. 90-1565. Douglas Austin Harbert, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Stark County, denied.

No. 90-1567. Ardra Insurance Company, Ltd., et al., Petitioners v. Salvatore R. Curiale, Superintendent of Insurance of the State of New York, etc. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-1570. Elton Eugene Gunter, Petitioner v. Virginia State Bar, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-1571. Douglas Zeppeiro, Petitioner v. Seaman & Graham, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1572. Alabama Power Company, Petitioner v. Gerald L. Turner, Administrator of the Estate of Kenneth Allen Turner, De- ceased. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-1574. Leonard T. Kelley, Petitioner v. Alaska. Petition for writ of certiorari to the Court of Appeals of Alaska denied.

No. 90-1576. Camping Construction Company, Petitioner v. District Council of Iron Workers of California and Vicinity, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1579. Immuno, AG, Petitioner v. Jan Moor Jankowski. Peti- tion for writ of certiorari to the Court of Appeals of New York denied.

No. 90-1586. Raymond Dobard, Petitioner v. San Francisco Bay

Area Rapid Transit District, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-1589. Akhlaq A. Chawla, Petitioner v. Charles McCausland, Director, Defense Logistics Agency. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1592. Milwaukee County Pavers Association, Inc., et al., Pe- titioners v. Ronald R. Fiedler, Individually, and as Secretary of the

Wisconsin Department of Transportation, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1614. Wayman B. Pritchard, et al., Petitioners v. Loudon County, Tennessee, ex rel. Doug Lawrence, Building Commissioner. Petition for writ of certiorari to the Court of Appeals of Tennessee, Eastern Division, denied. 778 MONDAY. JUNE 3. 1991

No. 90-1645. Arthur Tate, Jr., Warden, Petitioner v. James L. Bell. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1648. D. Georgiou, Petitioner v. George A. Gauthier. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-1698. Abraham Rodolitz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1706. Jackie Wayne Blankenship, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-5615. Frederick R. Forte, Petitioner v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6212. David Dean Prine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6501. Brenda L. Barfield, Petitioner v. Lawson Lamar. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7104. Franklin Teter, Petitioner v. Jimmie M. Jones, Super- intendent, Moberly Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7159. Bobby Lee Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7190. Bernie Smith, Petitioner v. New Mexico. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7200. Jose Bias de la Cerda, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7272. Martha Preston and Johnny Binder, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7273. Ralph Merritt, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. MONDAY. JUNE 3. 1991 779

No. 90-7334. Ernestine Treece, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7458. Jose Martinez-Alvarado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7500. Anthony Patrick Bruno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7584. Manuel Cano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7612. Charles Farrell, Petitioner v. R. O'Bannon, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7617. George Brown, III, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appel- late District, denied.

No. 90-7618. Willie Sanders Williams and Dexter Clayton Williams,

Petitioners v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 90-7622. Kevin Lloyd Whitten, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied.

No. 90-7624. Arthur Saddler, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 90-7625. Frankie Joe Stacy, Petitioner v. George E. Sullivan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7627. Jesse R. Jackson, Petitioner v. Cuyahoga County Wel- fare Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7630. Robert H. Jordan, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 90-7632. Robert A. Gaudreault, Petitioner v. Municipality of Sa- lem, Massachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 780 MONDAY. JUNE 3. 1991

No. 90-7636. Michael Meehan, Petitioner v. Metro Nashville Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7637. David D. Heaton, Petitioner v. Crispus Nix, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7640. Joseph Marion Head, Jr., Petitioner v. J. C. Pinion, Su- perintendent, Piedmont Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7642. Gilbert T. Arceneaux, Petitioner v. Larry Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7648. Ronald Lee Morrison, Petitioner v. W. Osborne Lee, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7653. Robert Z. Blue, Petitioner v. Carole K. Bellows, Judge of the Circuit Court of Cook County, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-7656. Gary Eugene Kukes, Petitioner v. Joseph Vandervoort, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-7657. Carl William Nickleson, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-7661. Donald R. Maghe, Petitioner v. R. Michael Cody, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-7666. Troy Eric Crump, Sr. , Petitioner v. Dulmison, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7668. Edward Carlton, Petitioner v. Ronald B. Hirschl. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7670. Walter Henry Griffin, Petitioner v. Fred W. Greene, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7672. Michael Harris, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied. MONDAY. JUNE 3. 1991 781

No. 90-7677. Rogelio Perez, Petitioner v. John Ratelle, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7681. Richard Whetstine, Petitioner v. Thomas A. Fulcomer, Deputy Commissioner, Western Region, Pennsylvania Department of

Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7686. Owen Franklin Silvious, Petitioner v. American Family

Publishers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7701. Donnie Moore, Petitioner v. South Carolina, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7703. Roosevelt Holmes, Petitioner v. Jimmie M. Jones, Su- perintendent, Moberly Correctional Center. Petition for writ of certio- rari to the Supreme Court of Missouri denied.

No. 90-7705. Robert H. Ketchum, Petitioner v. Brigham City Police, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 90-7709. Rebecca C. Gallardo, Petitioner v. Spohn Hospital. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7719. Sol Weltman, Petitioner v. Independence Savings Bank. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 90-7731. Roosevelt Foster, Jr., Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied.

No. 90-7738. Tommy Dale Glass, Petitioner v. Jack Cowley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7779. Darrell Prows, Petitioner v. D. C. Kastner, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7783. James Austin and Lori Austin, Petitioners v. Washing- ton, et al. Petition for writ of certiorari to the Court of Appeals of

Washington, Division 1, denied. No. 90-7787. Willard Lester England, Jr. and William Stahl, Peti-

tioners v. Joseph Ryan, Superintendent, SCI Dallas. Petition for writ 782 MONDAY. JUNE 3. 1991 of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7793. Stacey Ellen Ladd, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 90-7810. Jose Gregori Mavares, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7833. Raymond Menn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7837. Ronnie Lee Tape, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7846. Ralph Rene Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7848. William Elliott Stephenson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 90-7850. Larry Jay Pritz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7851. Robert Treff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7870. Jerry Harold Harvey, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7873. Lazaro Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7884. Ted Jeffrey Otsuki, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7885. Morton Scherl, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, JUNE 3. 1991 783

No. 90-7900. Darryl Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 90-7902. Edward Delbert Doss, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7904. Donald D'Amico, Petitioner v. United States; and

No. 90-7910. Edwin Francis Link, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7911. Calvin G. Lawrence, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7920. David C. B. King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7922. Lloyd Eugene Butcher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7949. Leon C. Horsey, Petitioner v. Jack N. Rollins, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 90-1344. Louis W. Sullivan, Secretary of Health and Human

Services, Petitioner v. Nelley Lidy, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit de- nied. Justice White would grant certiorari.

No. 90-1552. Chevron Corporation, et al., Petitioners v. Arizona, et al. The motion of Chamber of Commerce of the United States of Amer- ica, et al. for leave to file a brief as amici curiae is granted. The motion of Business Roundtable for leave to file a brief as amicus curiae is granted. The motion of American Advertising Federation, Inc. for leave to file a brief as amicus curiae is granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1562. S. J. Groves & Sons Company, et al., Petitioners v. Fulton County, Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice White would grant certiorari. 784 MONDAY. JUNE 3. 1991

No. 90-7382. Stanley Pharr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari.

No. 90-1591. Jane B. Forbes, Trustee, Petitioner v. Holiday Cor- poration Savings and Retirement Plan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White and Justice O'Connor would grant certiorari.

No. 90-6427. Mary Elizabeth de la Rosa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 90-7167. Randy Tim Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Blackmun would grant certiorari, vacate the judgment and remand to the United States Court of Appeals for the

Ninth Circuit for further consideration in light of Florida v. Jimeno, 500 U.S. (1991).

No. 90-7315. Rodolfo Baiza Hernandez, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-7757. Rudolph Holton, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting state- ment by Justice Marshall.

No. 90-7786. Marvin D. Castor, Petitioner v. Dick Clark, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting statement by Justice Marshall.

No. 90-7882. Kenneth F. Nuckols, Petitioner v. Oklahoma, et al. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. Dissenting statement by Justice Marshall.

No. 90-7435. James Lee Spencer, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Concurring opinion by Justice Kennedy. Dissenting statement by Justice Marshall.

No. 90-7469. Donald H. Gaskins, Petitioner v. Kenneth D. McKellar, Warden, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Opinion by Justice Stevens respecting the denial of the petition for writ of certiorari. Justice Blackmun would grant certiorari, MONDAY. JUNE 3, 1991 785

petition for writ of certiorari. Justice Blackmun would grant certiorari, vacate the judgment and remand to the United States Court of Appeals

for the Fourth Circuit for further consideration in light of Yates v. Evatt, 500 U.S. (1991). Dissenting statement by Justice Marshall.

Habeas Corpus Denied

No. 90-7941. In Re Aaron Garner, Petitioner; and

No. 90-7961. In Re Harry Seagrave, Petitioner. The petitions for writs of habeas corpus are denied.

Mandamus Denied

No. 90-7817. In Re Stanley Mose Cardine, Petitioner. The petition for writ of mandamus is denied.

Rehearings Denied

No. 90-6517. Sam Paiz and Tim Rector, Petitioners v. United States;

No. 90-6749. Juliet Ellery, Petitioner v. Grossmont Union High School District, et al.;

No. 90-7103. James Edmond Watts, Petitioner v. Douglas L. Wilder, Governor of Virginia, et al.;

No. 90-7164. Jerome P. Lyons, Petitioner v. Holmes International,

Inc., et al.;

No. 90-7231. William K. Elrich, Petitioner v. Union Dime Savings

Bank, et al.;

No. 90-7233. Jack E. Fleming, Petitioner v. Colorado;

No. 90-7333. Rajesh Thakkar, Petitioner v. Dickinson Debevoise; and

No. 90-7379. John B. Dempsey, Petitioner v. Massachusetts. The pe- titions for rehearing are denied.

No. 90-6094. James Wilken, Petitioner v. John Whitley, Warden, et al. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Monday, June 3, 1991, until Thurs- day, June 6, 1991. 1

786 MONDAY. JUNE 3. 1991 Admissions to the Bar on Written Motions

V-H- * CIJIU OLrtLC iUU \ ell 1 I t

T 1 A IT) 1 x. John Armando Boudet Orlando, FL \ . Keith 1 oung Frederick L. Cadman Hartford, CT Thomas Patrick Heslin

Roy A. Combs Oakland, CA Joseph J. Brecher Craig G. Dalton Jr. Raleigh, NC Jane Flowers Finch Kenneth W. Ellison Washington, DC Stuart E. Eizenstat

R. Scott Ervm New i ork, Ni Lizabeth Lone T)Burrell1 Kent E. Gipson Kansas City, MO Sean D. 0 Brien IT A Rhonda Susan Goldberg Boston, MA RonaldT"> A. Martignetti Richard Martin Gutman Carlisle, PA Gary Scott Gildm James Stuart Hinman Rochester, NY Angelo T. Calleri Michael Braden Hubbard Washington, DC Noel James Augustyn Helen L. Jackson-Gilison Weirton, WV Glorid Richards Sulton Elton Joe Kendall Dallas, TX Kay Bailey Sara Beth Klein Ironton, OH Charles Conrad Klein Thomas Louis Klein Ironton, OH Charles Conrad Klein

Steven J. Kolleeny New York, NY Barry H. Garnnkel Allen M. Lenchek Washington, DC James Robert Klimaski Perry W llliam Lencos Baltimore, MD Paul N. Sameth Jerry R. Linscott Orlando, FL V. Keith Young Bradford Neal Louison Taunton, MA Theodore Jeffrey Aleixo, Jr. James Hanley Martin Tenafly, NJ Benjamin Clarke John Thomas McFerrin Charleston, WV John M. Rosenberg Stuart B. Nibley Washington, DC Noel James Augustyn MONDAY. JUNE 3. 1991 787

Applicant City and State Movant

Patrick Edward O'Keefe New Orleans, LA George W. Healv, III Alfredo Ocasio-Perez Washington, DC James Alfred Mannino Philip R. Olenick Boston, MA Laurence M. Starr Thomas Y. Shigemoto Sacramento, CA Edmund D. McMurray Steven Michael Sindler Annapolis, MD T. Joseph Touhey Lawrence Chase Sizemore Washington, DC Mark Edward Kellogg Jeffrey Mark Smith Huntington, WV Charles Conrad Klein

Sarah Taft-Carter Cranston, RI James L. Taft, Jr.

Lucien Rostaing Tharaud Philadelphia, PA Robert J. Jr. Coleman Charles Ramsey Wall Kansas City, MO Murray H. Bring Michael David Zaverton Cleveland, OH Marvin A. Sicherman

Opinions

No. 9t)-952. Janice G. Clark, et al., Appellants v. Charles "Buddy"

Roemer, Governor of Louisiana, et al. Appeal from the United States District Court for the Middle District of Louisiana. Judgment reversed and case remanded to the District Court for further proceedings in con- formity with the opinion of this Court. Opinion by Justice Kennedy.

No. 89-7743. Thaddeus Donald Edmonson, Petitioner v. Leesville Concrete Company, Inc. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case re- manded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Dissenting opinion by Justice O'Connor with whom the Chief Justice and Justice Scalia join. Dissenting opinion by Justice Scalia.

No. 90-34. Exxon Corporation, Petitioner v. Central Gulf Lines,

Inc., et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. 788 MONDAY. JUNE 3. 1991

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Joseph Vincent Treanor III Buffalo, NY Patrick B. O'Brien Robert Ward Green Ottawa, KS Michael Bradfield Robert Muir New York, NY Paul V. Sciocchetti Charles Crane DeStefano New York, NY Paul V. Sciocchetti Joseph J. Ranni New York, NY Paul V. Sciocchetti David Jay Schrager Cherry Hill, NJ Michael Edward Riley John Michael Devlin Marlton, NJ Michael Edward Riley T Carrie DeBerry Dingle W illingboro, NJ Michael Edward Riley Patricia Mary Garrett Willingboro, NJ Michael Edward Riley Edward Charles Hogan Medford, NJ Michael Edward Riley Richard Wayne Hunt Medford, NJ Michael Edward Riley Suzanne Maria Kourlesis Mount Holly, NJ Michael Edward Riley Patrick F. McAndrew Haddon Heights, Michael Edward NJ Riley Rocco Minervino Lanoka Harbor, Michael NJ EdwardRiley Martin Casey Mooney Sr. Ri vert on, NJ Michael Edward Riley Ronald Charles Morgan Marlton, NJ Michael Edward Riley Steven R. Neuner Marlton, NJ Michael Edward Riley Timothy Peter O'Brien Medford, NJ Michael Edward Riley Mary Ann Collette O'Brien Medford, NJ Michael Edward Riley John Francis Pilles Jr. Mount Holly, NJ Michael Edward Riley MONDAY. JUNE 3. 1991 789

Applicant City and State Movant

• TTfn T\ IT T~" T~> TTT T\ IT J. XT T TV IT ' 1 1 T~* 1 1 William M. E. Powers 111 Morrestown, NJ Michael Edward Riley James Alexander Ronca Sr. Marlton, NJ Michael Edward KileyT3 .'1

• Daniel Joseph Smyth Mount Holly, JNJ Michael Edward Kiley

TV /T +. t XT T George Remigius Mt. Laurel, JNJ Michael Edward Szymanski Jr. Kiley

Steven Norman Taieb Mount Laurel, IN J Michael Edward Kiley

r eter J . 1 otn Burlington, NJ Michael Edward Kiley Joanne M. Ventura Marlton, JNJ Michael Edward Kiley

PU«„ . TJil 1 XTT James John Ferrelli unerr\W Hill, jnj Michael Edward Kiley Julius Fredrick Harms III Secaucus, NJ Glenn Patrick Callahan Jonn Micnaei tseiKo Gloucester Glenn Patrick lownsnip, i\j Callahan buzette JJ. bonnglio Lnerry Hill, JNJ Glenn Patrick Callahan Cathy Lee Brackin Woodbury, JNJ Glenn Patrick

V^d.lld.Ild.11

Rosemary R. Burgo Cnerry Hill, JNJ (jienn rati ick Callahan Louis Cappelli Jr. Collingswood, NJ Glenn Patrick Callahan TJ^^^l^^-A^l^l XTT Diane t>. Lonen Hadcionnela, I\J Glenn Patrick Callahan

r^u^,-.,,^ T_r;ii xtt Randolph Ira Conn Lnerry Hill, JNJ Glenn Patrick Callahan

John J . Delam 111 w estmont, JNJ Glenn Patrick Callahan Mindy Jo Denkin Waterford Glenn Patrick Township, NJ Callahan Joel Wayne Garber Cherry Hill, NJ Glenn Patrick Callahan 790 MONDAY. JUNE 3. 1991

Applicant City and State Movant

Scott M. Goldberg Haddonfield, NJ GlennA Villi XPatrickCiLl Ivil Callahan Ralph Alexander Gonzalez Deptford, NJ Glenn Patrick Callahan Ari B. Gould Blackwood, NJ Glenn Patrick Callahan Jeffrey Grudko Medford Glenn Patrick Township, NJ Callahan Michael Russell Hannisian Cherry Hill, NJ Glenn Patrick Callahan Gail S. Hoofnagle Cherry Hill, NJ Glenn Patrick Callahan William Joseph O'Brien Philadelphia, PA Glenn Patrick Callahan George J. Singley Cherry Hill, NJ Glenn Patrick Callahan John G. Takacs Philadelphia, PA Glenn Patrick Callahan William M. Tambussi Westmont, NJ Glenn Patrick Callahan Mark Anthony Vittese Woodburv, NJ Glenn Patrick Callahan Andrew Kenneth Worek Deptford, NJ Glenn Patrick Callahan

Dx UtC LJ

Adjourned until Thursday, June 6, 1991, at 10 o'clock. x (JOURNAL) THURSDAY. JUNE 6. 1991 791 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 90-143. Connecticut and John F. DiGiovanni, Petitioners v. Brian K. Doehr. On writ of certiorari to the United States Court of Ap- peals for the Second Circuit. Judgment affirmed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Justice White delivered an opinion for the Court with respect to Parts I and III, an opinion with respect to Part II in which the Chief Justice, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Kennedy and Justice Souter join, and an opinion with respect to Parts IV and V in which Justice Mar- shall, Justice Stevens and Justice O'Connor join. Concurring opinion by the Chief Justice with whom Justice Blackmun joins. Opinion by Justice Scalia concurring in part and concurring in the judgment.

No. 90-256. G. Russell Chambers, Petitioner v. NASCO, Inc. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice White. Dissenting opin- ion by Justice Scalia. Dissenting opinion by Justice Kennedy with whom the Chief Justice and Justice Souter join.

Certiorari Denied

No. 90-8120. Harold Lamont Otey, Petitioner v. Nebraska. The application for stay of execution of sentence of death presented to Jus- tice Blackmun and by him referred to the Court is denied. The petition for writ of certiorari to the Supreme Court of Nebraska is denied. Dis- senting statement by Justice Marshall.

Adjourned until Monday, June 10, 1991, at 10 o'clock. x

(JOURNAL) MONDAY. JUNE 10. 1991 793 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 90-134. Thomas Russell Cooney, et ux.. Petitioners v. Chris J. White. On petition for writ of certiorari to the Supreme Court of Wyo- ming. The petition for writ of certiorari is granted. The judgment is va- cated and the case is remanded to the Supreme Court of Wyoming for further consideration in light of Bums v. Reed, 500 U.S. (1991).

No. 90-240. James L. Polk, et ux., Petitioners v. Dixie Insurance Company. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consid- eration in light of Edmonson v. Leesville Concrete Company, Inc., 500 U.S. (1991).

No. 90-1153. Sky Chefs, Inc., Petitioner v. Connie Dias. On petition for writ of certiorari to the United States Court of Appeals for the

Ninth Circuit. The petition for writ of certiorari is granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of

Edmonson v. Leesville Concrete Company, Inc., 500 U.S. (1991).

No. 90-1270. Alabama, Petitioner v. Raymond Eugene Brown. On petition for writ of certiorari to the Court of Criminal Appeals of Ala- bama. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Criminal Appeals of Alabama for further consideration in light of Mu'Min v. Virginia, 500 U.S. (1991).

No. 90-5387. Warren Gidney, Petitioner v. Camden County Prosecu- tor's Office, et al. On petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certio- rari are granted. The judgment is vacated and the case is remanded to 794 MONDAY. JUNE 10. 1991

the Superior Court of New Jersey, Appellate Division, for further con- sideration in light of Burns v. Reed, 500 U.S. (1991).

No. 90-6575. Alden Chavous, Jr., Individually and as Guardian Ad

Litem for Alden Chavous, III, Petitioner v. Herman Wayne Brown and Joanna Brown. On petition for writ of certiorari to the Supreme Court of South Carolina. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of

South Carolina for further consideration in light of Edmonson v. Leesville Concrete Company, Inc., 500 U.S. (1991).

No. 90-6633. Edgar Hope, Jr., Petitioner v. Illinois. On petition for writ of certiorari to the Supreme Court of Illinois. The motion of peti- tioner for leave to proceed in forma pauperis and the petition for writ

of certiorari are granted. The judgment is vacated and the case is re- manded to the Supreme Court of Illinois for further consideration in light of Hernandez v. New York, 500 U.S. (1991).

Orders in Pending Cases

No. — . Darryl Allen, Petitioner v. Illinois. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted.

No. — . Horace Edwards Kelly, Petitioner v. California. The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by the petitioner is granted.

No. — . In the Matter of Robert P. Davison, Jr. The motion for re- consideration of the application for admission to the Bar of this Court is denied.

No. A- 855. Dorothy May Taylor, Applicant v. Edward E. Beasley. The application for stay addressed to Justice O'Connor and referred to

the Court is denied. No. D-955. In the Matter of Disbarment of Kenneth E. Bruce. The motion to further defer is denied. Disbarment order entered. No. D-990. In the Matter of Disbarment of John Ross Miller. Disbar- ment order entered. No. D-997. In the Matter of Disbarment of James Richard Alexan- der. Due to mistaken identity, the order entered May 20, 1991, sus- pending James Richard Alexander, of Dallas, Texas, from the practice of law in this Court is vacated and the Rule to Show Cause issued on

that date is discharged. MONDAY. JUNE 10. 1991 795

No. D-1005. In the Matter of Disbarment of Richard Kelly. It is or- dered that Richard Kelly, of Stevensville, Montana, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1006. In the Matter of Disbarment of Thuryo A. Sneed. It is ordered that Thuryo A. Sneed, of Dallas, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1007. In the Matter of Disbarment of Robert Rivers. It is or- dered that Robert Rivers, of New York, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1008. In the Matter of Disbarment of Robert P. Tobias. It is ordered that Robert P. Tobias, of Dallas, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1009. In the Matter of Disbarment of Gary B. Franklin. It is ordered that Gary B. Franklin, of Copiague, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 89-1629. Salve Regina College, Petitioner v. Sharon L. Russell. The motion of respondent to retax costs is denied. No. 90-1286. Jesse James Jenkins, aka Clarence Duke McGann, Peti- tioner v. Barnett Bank of Pensacola, et al. The motion of petitioner to waive fee for filing petition for rehearing and to dispense with printing petition for rehearing is denied.

No. 90-1604. Dan Morales, Attorney General of Texas, Petitioner v.

Trans World Airlines, Inc., et al.; and

No. 90-1606. Attorney General of California, et al., Petitioners v.

Trans World Airlines, Inc., et al. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

No. 90-1771. City of Henderson, et al., Petitioners v. United States District Court for the District of Nevada (Nevada Entertainment In- dustries, Inc., et al.. Real Parties in Interest). The application for stay addressed to Justice Kennedy and referred to the Court is denied. 796 MONDAY. JUNE 10. 1991 Certiorari Granted

No. 90-918. Christine Franklin, Petitioner v. Gwinnett County Pub- lic Schools and William Prescott. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 90-7675. R. A. V., Petitioner v. City of St. Paul, Minnesota. The

motion of Minnesota Civil Liberties Union for leave to file a brief as amicus curiae is granted. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Minnesota granted. Certiorari Denied

No. 90-1. City of Little Rock, Arkansas, et al., Petitioners v. Reather Reynolds, Administratrix of Estate of John Willie Reeves, De-

ceased, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-590. Matthew Follett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-616. Fred Rice, Petitioner v. John Auriemma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 90-660. Lynn Jay Ferrin, Special Agent, Federal Bureau of In-

vestigation, Petitioner v. Herman Di Martini. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-929. Stanley J. Marshall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1066. Sequoia Books, Inc., Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 90-1201. H. Paul Lillebo, et al., Petitioners v. Gray Davis, Con-

troller of California, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-1365. Frank's Nursery & Crafts, Inc. Petitioner v. Martha Dunham, et vir. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1450. GLK, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. JUNE 10. 1991 797

No. 90-1465. Columbus Country Club, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1466. Gentry E. McKinney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1478. Frank L. Naccarato, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-1514. Anita Lockwood, Secretary of Department of Energy,

Minerals and Natural Resources, et al., Petitioners v. James Kozak. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 90-1526. Matthew J. Duyck, Petitioner v. New York. Petition for writ of certiorari to the Appellate Term of the Supreme Court of New York, 9th & 10th Judicial District, denied.

No. 90-1539. Peter S. Herrick, Petitioner v. Florida Bar. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-1556. Missouri, Petitioner v. Randy Allen. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied.

No. 90-1582. Frota Oceanica Brasileira, S.A., Petitioner v. Stark- heiser DaSilva Matos Pires. Petition for writ of certiorari to the Appel- late Division, Supreme Court of New York, First Judicial Department, denied.

No. 90-1584. Sandra R. Kemp, Petitioner v. State Board of Agricul- ture, et al. Petition for writ of certiorari to the Supreme Court of Colo- rado denied.

No. 90-1602. Tennessee Gas Pipeline Co., Petitioner v. Anderman/ Smith Operating Co. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1605. Lih Y. Young, Petitioner v. Louis W. Sullivan, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1608. Lenora B. Fulani, et al., Petitioners v. Joseph H. Hogsett, Secretary of State of Indiana, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. 798 MONDAY. JUNE 10. 1991

No. 90-1609. Marilyn Guerinot, etc., Petitioner v. Rockwell Interna- tional Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1661. James Constant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 90-1703. Eugenie Parnar, Petitioner v. Green, Ning, Lilly & Jones. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 90-1718. Alabama Department of Environmental Management, et al., Petitioners v. National Solid Wastes Management Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1731. Grace Pulitano Mannino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5509. Charles H. Larsen and Faye L. Brennan, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-5624. Mark A. Bolton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-6233. Frank H. Morris, Petitioner v. James Orman, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-6394. Timothy John Dean, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6967. Leonard Bocchicchio, Petitioner v. Robert M. Free- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7001. Paul Ferrell, Petitioner v. West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 90-7106. Bruce Wayne Stafford, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY. JUNE 10. 1991 799

No. 90-7151. Joseph White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7269. Theo Ervin Williams, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appel- late District, denied.

No. 90-7324. Crescenciano Pena, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7405. J. Tonny Bowman, Petitioner v. Herb Yazzie and George John. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7441. Cedric Aldaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7461. Juvenile Male #2, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7463. Raymond Gibson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7544. Roy Lee Leach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7585. Richard Smith, Petitioner v. Jimmy Keck, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7634. Phillip Rae Morgan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7641. L. Lea Nabkey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7674. Robert Anthony Staples, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7680. Lawrence Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 800 MONDAY. JUNE 10. 1991

No. 90-7684. Sterling Collins, Petitioner v. John P. Whitley, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7685. Vladimir Zatko, Petitioner v. Charles Marshall, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-7690. William R. Barnes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7694. Sylvester Phillips, et ux., v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 90-7697. Louis Watson, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7715. Stephen Dwayne Taylor, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, First Ap- pellate District, denied.

No. 90-7716. Demetrios Pavlos, Petitioner v. Richard Cheney, Sec- retary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7723. Anthony Caracciolo, Petitioner v. Fredricka A. Smith, Judge, Eleventh Judicial Circuit of Florida. Petition for writ of certio- rari to the District Court of Appeal of Florida, Third District, denied.

No. 90-7727. John-Tyronne Martin, aka Michael Chase, Petitioner v.

Darlene M. Davies, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7735. Thomas Lynn Parks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7737. Russell Hillman McKinnon, Petitioner v. A. L. Lock- hart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7739. Hollivan Cody, Jr., Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7741. Randy Powell, Petitioner v. Tyrone Roberts, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY. JUNE 10. 1991 801

No. 90-7743. Michael Brim, Petitioner v. Howard Peters, Warden,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-7744. Lawrence Minton, Petitioner v. Sheet Metal Workers Local #54, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7754. John B. Dempsey, Petitioner v. Vanna White. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7764. Cecilia Diane Garrett, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Clermont County, denied.

No. 90-7766. George Russell Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7768. James L. Timm, et al, Petitioners v. Frank Gunter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7774. Roger Matthew Walters, Petitioner v. Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 90-7782. William Parke, Petitioner v. United States Postal Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7796. Manuel Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7809. Carlos Bienuenido Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7818. Raymond Wagstaff-El, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7826. Javier Ramirez-Carvajal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7842. Emiro Miguel Passos, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 802 MONDAY. JUNE 10. 1991

No. 90-7844. John Jack Gargan, Petitioner v. Alaska. Petition for writ of certiorari to the Court of Appeals of Alaska denied.

No. 90-7845. Emmett Stebbins, Petitioner v. Nationwide Mutual In- surance Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7853. David Clyde Wallace, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7855. Malcolm Eugene Encarnacion, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-7858. Arthur D'Amario, III, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7863. Jose Gilberto Arevalo-Navarro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 90-7906. James Duke Creel, Petitioner v. Henry B. Keene, Chairman, Board of Pardons and Paroles. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7909. Michael Anthony Holzendorf, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-7914. Henry Garcia, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7915. Frank Riley Wolsky, Petitioner v. Oregonian Publish- ing Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7924. Thomas Bowling, Petitioner v. Rhode Island. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 90-7933. Emanuele Adamita, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7934. Juan Aispuro-Torres, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. JUNE 10. 1991 803

No. 90-7935. Raymond English, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7936. Chuck Good, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7937. John DeTar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7942. Olayinka Sobamowo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-7943. Christopher Swint, Petitioner v. Charles H. Zimmer-

man, Superintendent, State Correctional Institution at Waymart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7948. John Earl Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-7952. Caesar Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7967. Norman Ramirez-Talavera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 90-7979. John P. Moscony, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7980. Kenneth Henderson, Petitioner, v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7981. Thomas Capoferi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7982. Robert Dean English, aka Bobby English, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7991. Reginald Timothy Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 804 MONDAY. JUNE 10. 1991

No. 90-7992. Larry Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7997. Donald J. Lytle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7998. Stanley Louis Nicholson, Cecil Ray Stell and George

Pounds, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-8001. Isiaka Oduloye, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-8009. Robert J. Wilkinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-8014. James Harold Appleton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-8018. Rogelio Bernal-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-8019. Angel Ferreiro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-549. Clifton R. Wharton, Jr., etc., et al., Petitioners v. Er- nest F. Dube. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice White would grant certiorari.

No. 90-1189. Trojan Technologies, Inc., et al., Petitioners v. Penn- sylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari.

No. 90-1283. Richard A. Denholm, Petitioner v. Houghton Mifflin

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 90-1615. Melvin D. Reuber, Petitioner v. Food Chemical News, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice White would grant certiorari. MONDAY. JUNE 10, 1991 805

No. 90-772. Ohio, Department of Taxation, et al., Petitioners v. In- ternal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 90-1510. Reuben Sturman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White and Justice Marshall would grant certiorari.

No. 90-1379. Arizona, Petitioner v. Christopher Reed Kempton. Pe- tition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. Dissenting opinion by Justice White.

No. 90-7480. Terry Nash Sterling, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Marshall.

No. 90-7745. Charles Edward Whitt, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 90-7770. Theodore Francis Frank, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. Dissenting statement by Justice Marshall.

No. 90-7760. Michael Sindram, Petitioner v. Mary Sue Terry, Attor- ney General of Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. The Chief Justice took no part in the consideration or decision of this petition.

No. 90-7761. Michael Sindram, Petitioner v. Arthur Ahalt, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. The Chief Justice took no part in the consider- ation or decision of this petition.

Mandamus Denied

No. 90-7282. In Re Inalene Lewis, Petitioner; No. 90-7688. In Re Arnett Thomas, Petitioner; No. 90-7819. In Re Henry V. Geurin, Petitioner; No. 90-7828. In Re Henry V. Geurin, Petitioner; and

No. 90-7918. In Re Randall Rollins, et ux., Petitioners. The petitions for writs of mandamus are denied. 806 MONDAY. JUNE 10. 1991 Rehearings Denied

No. 90-273. Commissioner of Revenue of Tennessee, Petitioner v.

Newsweek, Inc., et al.; and Commissioner of Revenue of Tennessee v.

Southern Living, Inc., et al; and Southern Living, Inc., et al. v. Kath- ryn Behm Celauro, etc.;

No. 90-777. Jerry Lee Harvey, Petitioner v. United States;

No. 90-910. Kirk L. Whitcombe, Petitioner v. Weyerhaeuser Cor- poration, et al.;

No. 90-1215. Use Heinemeyer, Petitioner v. Joseph P. O'Donnell;

No. 90-1383. J. R. Verdugo, Petitioner v. California;

No. 90-6538. Curtis Cornelius Jimison, Petitioner v. Nevada;

No. 90-7093. Charles Edward Moore, Petitioner v. California;

No. 90-7385. Mary Slacum, Petitioner v. Vernon Frame; and

No. 90-7457. Vernon Webster, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. The petitions for rehearing are denied.

No. 89-7430. Mumia Abu-Jamal, Petitioner v. Pennsylvania. The mo- tion of petitioner for leave to file second petition for rehearing is denied. Justice Souter took no part in the consideration or decision of this motion.

Recess Order

The Court will take a recess from Monday, June 10, 1991, until Thursday, June 13, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Cynthia Gail Aaron San Diego, CA Alan M. Dershowitz Wm. A. Back Atlanta, GA Marvin T. Johnson Michael Jude Barrasse Scranton, PA Carlon M. O'Malley, Jr. Francis Julian Barry Jr. New Orleans, LA Brunswick G. Deutsch John H. Benham III St. Thomas, VI Maria Tankenson Hodge Craig Robert Benson Mineola, NY Mark Neal Reinharz OAT MONDAY. JUNE 10. 1991

Applicant City and State Movant

Tallahassee FL Ronald Gustav Meyer William Lamont Brown Southern Pines, Penni Pearson NC Bradshaw Barbara Lorraine Burnett Houston, TX Calvin Botley Randall James Burton Sacramento, CA Gary E. Ransom John Marsden Callan Lowell, MA Robert P. Sullivan Thomas C. Carrigan Worcester, MA Conrad W. Fisher Thomas A. Cena Jr. Tacoma, WA William Richard Michelman Gerald L. Chaleff Santa Monica, CA Michael G. Millman John A. Clark Houston, TX Eleanor Robinson Andrew Joseph Cloutier Roswell, NM Albert Lewis Pitts Clark H. Cole St. Louis, MO Theodore Joseph Williams, Jr James Connelly Hingham, MA Paul R. Sugarman Victoria Anne Cundiff New York, NY Roger M. Milgrim Frederick J. Daley Jr. Chicago, IL Collins Thomas Fitzpatrick Richard Dangler Sacramento, CA Arthur W. Ruthenbeck A. Louis Denton Philadelphia, PA David Randall Hurley Lucien Joseph Dhooge Denver, CO Shannon Aline Robinson James B. Dodson Findlay, OH John A. Evans Victoria Edises Oakland, CA Richard Gary Burt Sharon Duesterhaus Indianapolis, IN Stephen Klingler Elvidge Miller Jeffrey Robert Epp Escondido, CA David Ralph Chapman Michael M. Essmyer Houston, TX Clinard J. Hanby Mark Feinman Holland, PA Edwin L. Scherlis Richard John Fiesta Connellsville, PA John McNeill Broaddus 808 MONDAY. JUNE 10. 1991

Applicant City and State Movant

Emmett L. Fleming Jr. Fredericksburg, Marcus John VA Davis Horace N. Freedman Beverly Hills, CA Herman S. Palarz Ignacio Razon Garcia Honolulu, HI Samuel P. King, Jr. Gigi Gordon Santa Monica, CA Gail R. Weinheimer John Brant Gould Portland, OR Brice Linton Smith Christine Manley Gravelle North Kinstown, Paul R. Sugarman RI Robert N. Habans Jr. New Orlens, LA James D. Carriere Christopher Eric Hagerup Washington, DC Randal D. Shields Janet C. Hall Hamden, CT Edward F. Hennessey

Frederick Theodore Charlottesville, J. Randolph Heblich Jr. VA Parker Charles H. Henry Jr. Jacksonville, NC Hiram Creagh Bell, Jr. Alan F. Herman Atlanta, GA H. Lane Young, II William R. Hill Jr. Birmingham, AL Sandra Lois Vinik John Joseph Cosmo Holland Taylor, PA Bruce Comly French Charles Mark Holt Raleigh, NC Wade M. Smith Gwendolyn E. Hunt New Orleans, LA Robert Olric Beckles Howard Owen Hunter Atlanta, GA Randolph William Thrower Cheryl Elizabeth Irvin Houston, TX Eleanor Robinson William G. Jamieson Southfield, MI Julius Denenberg

Barbara J. Janaszek Milwaukee, WI Carl Donald Liggio Jhinu Christopher Jung New York, NY Elihu Saul Massel Carlton LaTain Kell Atlanta, GA Michael J. Bowers Timothy D. Kelly Minneapolis, MN James Lloyd Volling

Jayne Marie Labuda Mt. Clemens, MI Carl J. Marlinga MONDAY. JUNE 10. 1991 809

Applicant City and State Movant

Kevin Arthur Lane Buffalo, NY Andrew Feldman Joseph Lefkoff Atlanta, GA Robert Edward Hicks

Mark Joseph Lopez Washington, DC Edward I. Koren T Peter Luria W est Hartford, Timothy F. Luria CT Harry B. Mahon Jacksonville, FL Joseph Stockton Farley, Jr.

David Russell Marshall Nicholasville, KY Roy Burl McCoy, Jr. Melissa Gasser Math Montgomery, AL Edward Earl Carnes Tito Mazzetta Atlanta, GA Jonathan Alan Zimring Maurice R. Mitts Philadelphia, PA Miles H. Shore Robert L. Morrison Los Angeles, CA Gordon Kennedy Wright Michael Alan Mullett Columbus, IN William Julian, II Robert David Murray Cranston, RI James L. Taft, Jr. William Andrew Nardone Westerly, RI Paul R. Sugarman Jeffrey Lowell Needle Seattle, WA James Trowbridge Marston William M. Norris Miami, FL Donald Lynn Graham Michael Lawrence Ravin Roseland, NJ Frank T. Puccio Robert A. Redwine New Orleans, LA William M. Lucas, Jr. Kathleen Marie Schmidt Omaha, NE Ronald Charles Jensen

Deborah S. Swettenam Nashville, TN Henry A. Martin TimothyL. Thomas Rapid City, SD David E. Morrill Karen Tomaine Clarks Summit, Carlon M. PA O'Malley, Jr. Vickie L. Wise Lexington, KY Rickie Leon Pearson

Jo Ann S. Wright Fort Worth, TX David Franklin Chappell MONDAY. JUNE 10. 1991

Opinions

No. 89-1895. Astoria Federal Savings and Loan Association, Peti- tioner v. Angelo J. Solimino. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed and case remanded to the United States District Court for the Eastern District of New York for further proceedings in conformity with the opinion of this Court. Opinion by Justice Souter.

No. 90-659. Keith R. Gollust, et al., Petitioners v. Ira L. Mendell, etc. , et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Souter.

No. 90-5538. Zakhar Melkonyan, Petitioner v. Louis W. Sullivan, Secretary of Health and Human Services. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment va- cated and case remanded to the Court of Appeals with instructions to remand the case to the United States District Court for the Central District of California for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor.

No. 90-693. Curtis Reed Johnson, Petitioner v. Home State Bank. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Bruce William Dannemeyer El Toro, CA William E. Dannemeyer Brian P. Boylan New York, NY Garen E. Dodge Timothy Edward DeClerck Enid, OK Edward A. DeClerck William Thomas Sullins II Casper, WY Thomas Lawrence Sansonetti Peter M. Ross Ipswich, MA Arthur K. Ross, Jr.

Marc J. Gervais Boston, MA Arthur K. Ross, Jr. Donna-Marie Korth Lynbrook, NY Jay F. Korth MONDAY, JUNE 10. 1991 811

Applicant City and State Movant

Jay Thomas Korth Lynbrook, NY Jay F. Korth Sherri L. Katz Flint, MI Marcia D. Greenberger Phyllis Norley Klinger Southfield, MI Marcia D. Greenberger Deborah Lynn Rubin Farmington Hills, Marcia D. MI Greenberger Shirley Ann Saltzman Birmingham, MI Marcia D. Greenberger Elsa Miller Shartsis Birmingham, MI Marcia D. Greenberger Bruce Arthur Blakeman Valley Stream, Judge Robert NY Roberto, Jr. Bradley A. Blakeman Valley Stream, Judge Robert NY Roberto, Jr. Andrea J. Bracken Mineola, NY Judge Robert Roberto, Jr. Donna Marie Brady Mineola, NY Judge Robert Roberto, Jr. J. Bruce Byrne New York, NY Judge Robert Roberto, Jr. Lloyd K. Chanin Huntington, NY Judge Robert Roberto, Jr. Anthony J. Cincotta Woodbury, NY Judge Robert Roberto, Jr. Mark F. Dickson Garden City, NY Judge Robert Roberto, Jr. Patricia Elizabeth Doyle East Meadow, NY Judge Robert Roberto, Jr. Diane M. Dwyer Wantagh, NY Judge Robert Roberto, Jr. Rene-Pierre Andre Mineola, NY Judge Robert Fiechter Roberto, Jr. John P. Foster Wantagh, NY Judge Robert Roberto, Jr. Charles S. Gucciardo Mineola, NY Judge Robert Roberto, Jr. William R. LaMarca Nassau County, Judge Robert NY Roberto, Jr. 812 MONDAY. JUNE 10. 1991

Applicant City and State Movant

Peter Panaro Massapequa, NY Judge Robert Roberto, Jr. Fred Nicholas Perry Holbrook, NY Judge Robert Roberto, Jr. Stephen Laurence Plutzer Garden City, NY Judge Robert Roberto, Jr.

Kieth I. Reiger Svosset, NY Judge Robert Roberto, Jr. Barbara-Anne Roberto Mineola, NY Judge Robert Roberto, Jr. Eric Sachs Bellmore, NY Judge Robert Robeilo, Jr. Lonnie Kenneth Seide Bay side, NY Judge Robert Roberto, Jr. Howard Yule Taylor Levitt own, NY Judge Robert Roberto, Jr. Dean Gary Weber Westbury, NY Judge Robert Roberto, Jr. Anthony Yovino Lvnbrook, NY Judge Robert Roberto, Jr. Stevan Colin Redondo Beach, Alice Louise CA O'Donneil Deborah Cone Cravtor Atlanta, GA Alice Louise O'Donneil Sharon L. Hunt Chicago, IL Alice Louise O'Donneil Thomas K. Leeper Quincv, IL Alice Louise O'Donneil Janie Carol McKenzie Paint sville, KY Alice Louise O'Donneil Maxine Elizabeth Krielow Roanoke, LA Alice Louise O'Donneil Michael E Malamut Boston, MA Alice Louise O'Donneil

A >*vt r\\ ri M T-< i»i i r* \r y\ a v jTil IlURi U. Dl ULKIlcI IVl \ t:I Udlc , IVLLJ O'Donneil Teresa Leigh White Raleigh, NC Alice Louise O'Donneil MONDAY. JUNE 10. 1991 813

Applicant City and State Movant

Karen Lee Orzechowski Washington, DC Alice Louise O'Donnell Albert B. Greco Jr. Dallas, TX Alice Louise 0 Donnell Robert Leighton Lipstet Houston, TX Alice Louise 0 Donnell Joseph Graham Painter Jr. Blacksburg, VA Alice Louise O'Donnell

T» «- ill T 1 11 T~* A A Matthew Llewellyn Rutt Colfax, WA Alice Louise O'Donnell Howard L. Yeager Jr. romt Pleasant, Alice Louise WV O'Donnell John Constantine New York, NY Alice Louise Jeannopoulos O'Donnell

Adjourned until Thursday, June 13, 1991, at 10 o'clock. x

Certiorari Denied

No. 90-8209. Jerry Joe Bird, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is denied. The petition for writ of certiorari to the

United States Court of Appeals for the Fifth Circuit is denied. Dissent- ing statement by Justice Marshall.

(JOURNAL) THURSDAY. JUNE 13. 1991 815 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Blackmun, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 90-285. Litton Financial Printing Division, A division of Litton

Business Systems, Inc., Petitioner v. National Labor Relations Board, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed to the extent that the Court of Ap- peals refused to enforce the National Labor Relations Board's order in its entirety and case remanded to the Court of Appeals for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Kennedy. Dissenting opinion by Justice Marshall with whom Jus- tice Blackmun and Justice Scalia join. Dissenting opinion by Justice Stevens with whom Justice Blackmun and Justice Scalia join.

No. 90-5319. Paul McNeil, Petitioner v. Wisconsin. On writ of certio- rari to the Supreme Court of Wisconsin. Judgment affirmed. Opinion by Justice Scalia. Concurring opinion by Justice Kennedy. Dissenting opinion by Justice Stevens with whom Justice Marshall and Justice Blackmun join.

No. 90-368. Sheldon Baruch Toibb, Petitioner v. Stuart J. Radloff. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Stevens.

No. 89-7260. William J. Burns, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall and announced by the Chief Justice. Dissenting opinion by Justice Souter with whom Justice White and Jus- tice O'Connor join, and with whom the Chief Justice joins as to Part I.

Adjourned until Monday, June 17, 1991, at 10 o'clock. x

(JOURNAL) MONDAY. JUNE 17. 1991 817 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 90-8331. Jerry Joe Bird, Petitioner v. Texas. The application for a stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is denied. The petition for writ of certio- rari to the Court of Criminal Appeals of Texas is denied. Dissenting statement by Justice Marshall.

No. 90-8332. Jerry Joe Bird, Petitioner v. James Collins, Director, Texas Department of Criminal Justice, Institutional Division. The application for stay of execution of sentence of death presented to Jus- tice Scalia and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Dissenting statement by Justice Marshall.

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 90-1202. Everdean Moore, etc., et al., Petitioners v. Keller In- dustries, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consid- eration in light of Edmonson v. Leesville Concrete Company, Inc., 500 U.S. (1991).

Orders in Pending Cases

No. . Larry Campbell, Petitioner v. Duane Shillinger, Warden, et al. The motion to direct the Clerk to file a petition for a writ of certio- rari, out-of-time, is denied. 818 MONDAY. JUNE IT. 1991

No. A-874. J. David Golub, Applicant v. University of Chicago, et al. The application for stay addressed to the Chief Justice and referred to the Court is denied. Justice Blackmun took no part in the consideration or decision of this application.

No. A-889. Vincent V. Roggio, Applicant v. United States. The application for bond addressed to Justice Scalia and referred to the Court is denied.

No. D-981. In the Matter of Disbarment of David L. Loving, III. Disbarment order entered.

No. D-1010. In the Matter of Disbarment of George J. Bolton. It is ordered that George J. Bolton, of North Miami Beach, Florida, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1011. In the Matter of Disbarment of Beverly Kay Thompson. It is ordered that Beverly Kay Thompson, of Cherry Hill, New Jersey, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.

No. D-1012. In the Matter of Disbarment of Thomas James Lukas. It is ordered that Thomas James Lukas, of Long Island City, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1013. In the Matter of Disbarment of Michael Albert Miller. It is ordered that Michael Albert Miller, of Tualatin, Oregon, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 112, Original. State of Wyoming, Plaintiff v. State of Oklahoma. The motion of Wyoming Mining Association for leave to file a brief as amicus curiae is granted. The Exceptions to the Report of the Special Master filed by Wyoming and the Brief on the Merits filed by Oklahoma are set for oral argument in due course.

No. 90-681. Barbara Hafer, Petitioner v. James C. Melo, Jr., et al. The motion of American Federation of Labor and Congress of Indus- trial Organizations for leave to file a brief as amicus curiae is granted.

7 The motion of Kenneth W . Fultz for leave to file a brief as arnicas cu- riae is granted. MONDAY. JUNE 17. 1991 819

No. 90-1014. Robert E. Lee, individually and as Principal of Nathan

Bishop Middle School, et al., Petitioners v. Daniel Weisman, etc. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-5844. Terry Foucha, Petitioner v. Louisiana. The motion of

American Psychiatric Association for leave to file a brief as amicus cu- riae is granted. The motion of American Orthopsychiatric Association, et al. for leave to file a brief as amici curiae is granted.

No. 90-7740. William L. Needier, Petitioner v. Valley National Bank of Arizona, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until July 8, 1991, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Broiun v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 90-1629. United States, Petitioner v. Nordic Village, Inc., David O. Simon, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 90-1029. Eastman Kodak Company, Petitioner v. Image Tech- nical Services, Inc., et al. The motion of Computer and Business Equip- ment Manufacturers Association for leave to file a brief as amicus cu- riae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 90-1150. Donald J. Willy, Petitioner v. Coastal Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to Question 1 presented by the petition.

Certiorari Denied

No. 90-834. Home State Bank, Petitioner v. Curtis Reed Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-984. Kansas Gas and Electric Company, Petitioner v. Kansas State Corporation Commission, et al. Petition for writ of certiorari to the Court of Appeals of Kansas denied. 820 MONDAY. JUNE 17. 1991

No. 90-1311. Theodore Smith, Petitioner v. City of Chicago. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 90-1416. Walter M. Wolak, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1441. Marvin Pinkney, Petitioner v. John Keane, Superin- tendent, Sing Sing Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1445. Stephen Ivy, et ux., Petitioners v. Robert W. Myers. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1451. Albertis C. Wilson, Petitioners v. United States; and

James A. Green, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 90-1483. Howard Barton, Larry Barnes, Jack Ugaki and Brian

Wardle, Petitioners v. Glenda Smith and Ray Martin; and

No. 90-1634. Glenda Smith and Ray Martin, Petitioners v. Howard Barton, Larry Barnes, Jack Ugaki and Brian Wardle. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-1497. Ashkenazy Property Management Corporation, dba

L'Ermitage Hotel, et al, Petitioners v. National Labor Relations

Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1509. Aureliano Galindo Vasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 90-1518. Bettye Heerdink, Petitioner v. Amoco Oil Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1521. Michael Coiro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1533. Philip Cardilli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. MONDAY. JUNE 17. 1991 821

No. 90-1622. Alfred E. Fant, Petitioner v. Johnnie B. Stephens. Pe- tition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied.

No. 90-1632. Nichols B. Meaige, Jr., Petitioner v. Hartley Marine Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1635. Lai R. Bhaya, Richard Carrier, William J. Haessler,

Henry A. Parzick and Earle Williams, Petitioners v. Westinghouse Electric Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 90-1636. Duluth-Superior Ila Marine Association Restated Pen- sion Plan, et al., Petitioners v. Seaway Port Authority of Duluth. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-1642. Borough of Roselle, Felix Grabowski and William

Schwartz, Petitioners v. Regina Brown, Administratrix and Adminis- tratrix Ad Prosequendum of the Estate of Debbie Evans; and No. 90-1680. Regina Brown, Administratrix and Administratrix Ad

Prosequendum of the Estate of Debbie Evans, Petitioner v. Felix Gra- bowski, etc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-1644. Thomas E. Wheeler, Jr., Petitioner v. Valerie R. Wheeler. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.

No. 90-1646. Thomas B. Connell, Petitioner v. Bank of Boston and Johns S. Ingalls. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-1650. John W. Dennison, Petitioner v. County of Frederick,

Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-1658. HBA East Limited, et al., Petitioners v. JEA Boxing Company, et al. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

No. 90-1660. Michael Schaefer, Petitioner v. Superior Court of San Diego County (Kevin E. McCann, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 90-1664. Ronald Philbrook, Petitioner v. Ansonia Board of Edu- cation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 822 MONDAY. JUNE 17. 1991

No. 90-1665. Kidder, Peabody & Co. Incorporated v. Maxus Energy Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1691. Alton & Southern Railway Company, Petitioner v. Roger Grimming. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 90-1702. Gregg Potato Sales, Inc., Petitioner v. Landis Broth- ers. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1734. Jackie D. Malone, Petitioner v. Gilman Paper Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 90-1756. Wyandotte Tribe of Oklahoma, Petitioner v. Oklahoma, ex rel. Oklahoma Tax Commission. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1767. Ponder R. Fannin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6767. Joshua Fierer, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 90-6799. James Edward Wagner, Petitioner v. W. Seely, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-6959. Tim R. Layton, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 90-7218. Winfred Payne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7290. Jessie Dunn, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-7294. Frank Joseph Cianciola, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7358. Tracy Fells, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7476. Samuel Anthony Washington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. MONDAY. JUNE 17. 1991 823

No. 90-7578. Victor Santiago-Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7596. Wayne B. Alexander, Petitioner v. Connecticut. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7635. Jack William Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7762. Darlene Jenkins Schmidt, Petitioner v. Mario Jenkins, et al. Petition for writ of certiorari to the District Court of Utah, Salt Lake County, denied.

No. 90-7788. Annette R. Ballantyne, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-7791. Barry Wayne McNamara, Petitioner v. Robert Glen Borg, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7792. Richard Ralph Martinez, Petitioner v. George E. Sulli- van, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7794. Vern Lemrick, Petitioner v, Oregon Court System, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7795. Al Yasa Muhammad, aka Irving D. Elliot, Petitioner v.

Nuri-Deen Akbar Shabazz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7797. John-Tyronne Martin, Petitioner v. James R. Thomp- son, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7801. Alexander Douglas, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 90-7802. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7803. Eugene R. Rosnow, Petitioner v. Edward Rasmussen, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. 824 MONDAY. JUNE 17. 1991

No. 90-7804. Christopher Andrews, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-7805. Robert Joseph Zani, Petitioner v. Stanley Glanz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7811. Andrew J. McGrew, Petitioner v. Florida. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-7813. Marvin Lewis Jones, Petitioner v. Eastman Kodak Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7820. Donald E. Davenport, Petitioner v. Jack R. Duck- worth, Superintendent, Indiana State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7821. George Rodgers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-7823. Robert Smith, Peter Davis, Everton Smith, Ron Jon,

Knoxroy Coke and Derrick Howell, Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7824. Willie Smith, Petitioner v. D. V. McKaskle, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7835. Chez M. McGarry, Petitioner v. Internal Revenue Ser- vice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7839. David Conrad Buelow, Petitioner v. David L. Baker, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7840. John Robert Demos, Jr., Petitioner v. Washington. Pe- tition for writ of certiorari to the Court of Appeals of Washington, Divi- sion 1, denied.

No. 90-7841. John Robert Demos, Jr., Petitioner v. Washington. Pe- tition for writ of certiorari to the Court of Appeals of Washington, Divi- sion 1, denied.

No. 90-7854. Jonathan Bradley, Petitioner v. Larry R. Meachum, Commissioner, Connecticut Department of Corrections. Petition for MONDAY. JUNE IT. 1991 825 writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7881. Larry E. Kuns, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied.

No. 90-7887. Mitchell Williams, Petitioner v. City of Atlanta, Geor- gia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-7891. Darlene Schmidt, Petitioner v. Marva Cutler, et al. Pe- tition for writ of certiorari to the District Court of Utah, Salt Lake County, denied.

No. 90-7927. Darlene Schmidt, Petitioner v. Utah, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7938. Edward Thompson, Petitioner v. John Wigginton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7944. Leroy Pletten, Petitioner v. John O. Marsh, Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7945. Andrew Gedson, aka George Kerr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 90-7966. Gifford Ray, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 90-7970. James P. Bramble, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-8007. James P. Davie, Petitioner v. Raymond Muncy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-8036. Mario Rios Pinochet, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-8038. Carla Renee Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 826 MONDAY. JUNE 17. 1991

No. 90-8040. Joseph Michael Lincoln, aka Mohammed Ali Ballagh

Omer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8042. Jeffrey R. Crosby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-8049. Dan Snow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8057. Kye Robert Sturdy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8064. Lenny Bohanan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-8065. Angernette Barnes Daniels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-872. Yellow Bus Lines, Inc., Petitioner v. Drivers, Chauf- feurs & Helpers Local Union 639, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White would grant certiorari. No. 90-1643. Kehr Packages, Inc., James McMurtrie, Charles

McMurtrie and Emily McMurtrie, Petitioners v. Fidelcor, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari.

No. 90-1463. Warner Cable Communications, Inc., v. City of Nice- ville. The motion of Florida Cable Television Association, et al. for leave to file a brief as amici curiae is granted. The motion of National

Cable Television Association, Inc. for leave to file a brief as amicus cu- riae is granted. The motion of Community Antenna Television Associa- tion for leave to file a brief as amicus curiae is granted. The motion of

Cable vision Systems Corporation for leave to file a brief as amicus cu- riae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1544. Elbert L. Hatchett, Petitioner v. United States. The motion of Federal Criminal Defense Association of Michigan, et al. for leave to file a brief as amici curiae is granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit de- nied. Justice White would grant certiorari. MONDAY. JUXE IT. 1991 827

No. 90-1627. Commissioner of Revenue Services of Connecticut, Pe- titioner v. SFA Folio Collections, Inc. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice White and Justice Blackmun would grant certiorari.

No. 90-7483. Arthur D'Amario, III, Petitioner v. Butler Hospital, et al. The motion of petitioner to strike brief of respondents and for sanc- tions is denied. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7506. James W. Riley, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. Dissenting statement by Justice Marshall.

No. 90-7767. Michael Van McDougall, Petitioner v. Gary T. Dixon, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-8052. Carlos Perez, Petitioner v. United States. The motion of petitioner to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Mandamus Denied

No. 90-7728. In Re Lee Alphonso Moore, Petitioner. The petition for writ of mandamus is denied.

Prohibition Denied

No. 90-7647. In Re Darlene Schmidt, Petitioner. The petition for writ of prohibition is denied.

Rehearings Denied

No. 88-6833. Larry Eugene Moon, Petitioner v. Georgia;

No. 89-7024. Warren McCleskey, Petitioner v. Walter D. Zant, Su- perintendent, Georgia Diagnostic & Classification Center;

No. 90-1226. William Hope, Petitioner v. United States;

No. 90-1265. Michael P. Oshatz, Petitioner v. United States;

No. 90-1332. Leonard Cohen, Petitioner v. Ernestine Berger;

No. 90-1442. Garret T. Bush, III, et ux., Petitioners v. Water Pollu- tion Control Authority for the Town of Waterford;

No. 90-1519. Frank J. Camoscio, Petitioner v. Patty Ann Hodder, et al; 828 MONDAY. JUNE 17. 1991

No. 90-5946. John Albert Hinchey. Petitioner v. Arizona;

No. 90-6756. Donald Sceifers, Petitioner v. Jack R. Duckworth, Warden;

No. 90-6933. Paul C. Mathis, Petitioner v. Wayne County Friend of the Court, et al.;

No. 90-7044. Adolph Delbridge and Jill Delbridge, Petitioners v. New Jersey Division of Youth and Family Services;

No. 90-7107. Thomas Read, et ux., Petitioners v. Charles Duck, et al.;

No. 90-7120. Rosa M. Pope, Petitioner v. Department of the Army;

No. 90-7192. Reginald Whigham, Petitioner v. Dale Foltz, Warden;

No. 90-7194. Donald Smith, Petitioner v. Calgon Carbon Corporation and Merck & Company, Inc.;

No. 90-7337. Elmer Le Blanc, Petitioner v. University of Michigan, aka Board of Regents of the University of Michigan;

No. 90-7509. Kelvin Malone, Petitioner i\ Missouri; and

No. 90-7615. Rose Smith, Petitioner v. New York State Workers Compensation Board. The petitions for rehearing are denied.

No. 90-992. Nevada, et al., Petitioners v. James D. Watkins, Secre- tary of Energy, et al. The motion for leave to file a petition for rehear- ing is denied.

Recess Order

The Court will take a recess from Monday, June 17, 1991, until Thursday, June 20, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Brian Daniel Bellardo Washington, DC Jacob H. Stillman Marvin Beshore Harrisburg, PA Richard A. Green ElizaBeth WT ebb Beyer Reno, NV Mary Catherine Rubert William B. Bohling Salt Lake Citv, Calvin L. UT Rampton Elizabeth C. Bookwalter Montgomery, AL Charles Edward Crumbley Philip John Boudousque' Gretna, LA Wiley Jerrell Beevers MONDAY. JUNE 17. 1991 829

Applicant City and State Movant

Joseph B. Carr Albany, NY Joel M. Howard, TTT 111 John D. Carte San Antonio, TX Flavio Escobar, Jr. Ralph F. Carter Grand Forks, ND John G. Shaft tt _i rp "\x C. Michael Clark Houston, 1a Dennis M. Dylewski John Louis Clay Jackson, MS Stephen Joseph Kirchmayr, Jr Glenda G. Cochran Birmingham, AL Sandra Lois Vinik Phyllis L. Crocker Austin, 1A Jeffrey Jude Pokorak Ernest De Pascale Jr. Athens, GA U pshaw C. Bentley, Jr. David Nicholas Deaconson Waco, TX Aubrey Roe Williams William J. Deeley Honolulu, HI James M. Sattler Henry C. Dinger Boston, MA John C. Englander T~kl '1 111" T"» A Athena M. Dooley Philadelphia, PA David Samuel Dessen Kathleen Collins DuBois Tucson, AZ James Usher Lrianvnie Dana Ehrlich ban Angelo, 1A James A. Carter Craig E. Ferrell Jr. Houston, TX John Joseph Hightower Alexander Samuel Fishman Miami, FL Michael Dean Ray Robert B. Goodall Stafford, VA James William TT 1 T Haley, Jr.

T\ IT 1 1 T T /""I 1*1 T~» *T1 * TV IT Malcolm H. Goodrich Billings, MT Bruce A. Fredrickson Christopher F. Graham Villanova, PA Richard P. McMahon B. Carlton Grew Portland, (JK .LidT?l^l^v^en M.1\/T Rosenthal Theresa L. Groh Cincinnati, OH Stanley M. Chesley Alvin H. Gutterman Arlington, VA Michael Francis Healy 830 MONDAY. JUNE IT. 1991

Applicant City and State Movant

Aba Heiman East Meadow, NY Victor Fusco Edward Gerard Jager Boston, MA Howard P. Blatchford, Jr. Carol Johnson Chicago, IL Gregory B. Sultan Millard A. Johnson Houston, TX Dennis M. Dylewski Oliver Thomas Johnson Jr. Washington, DC Nicholas W. Fels Jerald E. Jones Clarksburg, WV Thomas William Kupec Thomas John Jones Jr. Scranton, PA Thomas Michael Blewitt Christian Mark Keiner Sacramento, CA W. Craig Biddle Dennis William King Honolulu, HI Dennis Edward Watson O'Connor Sephen Michael Kissinger Douglas, WY Don W. Riske Gilbert Kujovich Vershire, VT Robert Lowell Deitz John William Kyle Baltimore, MD Warren M. Davison Leonard Marbury Linton Anchorage, AK Cynthia Marie Jr. Hora Richard Massie Martin Jr. New Orleans, LA Frank C. Dudenhefer, Jr. Jess Wayne Mason Houston, TX Dennis M. Dylewski Catherine F. McCarron Boston, MA Howard P. Blatchford, Jr. Richard A. McDonald Pasadena, CA William J. Reifman Bryan David McElvaine Philadelphia, PA Joseph V. Pinto David H. Meade Columbus, OH Charles Ensign Brant Kenneth C. Mennemeier Sacramento, CA Norman Carter Hile Walter Joseph Mostek Jr. Philadelphia, PA Kurt A. Denke George J. Mowod Jr. Pittsburgh, PA Charles Edward Bobinis QQ1 MONDAY. JUNE 17. 1991

Applicant City cind Ststc Movant

Homer E. Moyer Jr. Washington, DC Mark Lewis Evans Mary Yvonne Vale Hartford, CT Peter L. Costas Nietupski David J. Noonan Springfield, MA Eugene Bruce Berman Jack O'Malley Chicago, IL James Robert Thompson, Jr. David G. Oedel Macon, GA Wallace Miller, Jr. Jim Parker Austin, TX Watson Caufield Arnold Stephanie Ethel Parker Atlanta, GA Griffin B. Bell David L. Phillips Houston, TX David J. Healey Mark T. Pifher Colorado Springs, William Kelly CO Dude Brett J. Plassard Painesville, OH Ralph C. Buss Anthi Helleni Poulos Potomac, MD Nicholas N. Kittrie Andrew R. Puglia Somerville, MA Anthony P. Sullivan Margo E. K. Reder Belmont, MA Gerald R. Ferrera Linda B. Reich San Diego, CA Donald R. Lincoln C. Daniel Rice Jacksonville, FL Robert John Winicki Thomas H. Robertson Miami, FL Robert Anthony Ginsburg Lynda A. Romero San Diego, CA Jeffrey John Stuetz Kenneth Michael Anchorage, AK Cynthia Marie Rosenstein Hora Kenneth Neil Russak Los Angeles, CA Gordon Kennedy Wright Hector X. Saenz San Antonio, TX Charles Straith Frigerio John L. Sander New York, NY Douglas Clinton Conroy Daryl Davinci Savage Alexandria, VA Steven Robert Semler 832 MONDAY. JUNE 17. 1991

Applicant Citv and State Movant

Gary H. Schlyen Wayne, NJ Ronald G. Marmo Richard A. Schneider Atlanta, GA Griffin B. Bll Andrew Ian Schoenholtz Washington, DC Nicholas W. Fels Elonzo Brian Sellers Knoxville, TN Neal S. Melnick William E. Shanahan Salem, MA Paul R. Sugarman Kevin Michael Sheys Washington, DC Randal D. Shields Michael S. Siddall Appleton, WI Harvey G. Samson Vanice Horace Sikes Jr. Savannah, GA Thoomas C. Bordeaux, Jr. Nancy Robin Simel Anchorage, AK Cynthia Marie Hora Gerald N. Sims San Diego, CA Ross Mathers Pyle Steven D. Skolnik New York, NY Lawrence Greenapple James Lawrence Slater Palm Harbor, FL Susan F. Schaeffer

Donald B. Stenberg Sr. Lincoln, NE Harold I. Mosher Dale A. Stern Sacramento, CA George H. Soares Gary M. Stern Washington, DC Kate Abbott Martin Gary D. Stewart Los Angeles, CA William S. Harris Lesa M. Stramondo Boston, MA John P. Linehan John P. Sullivan Brookline, MA Paul R. Sugarman Kevin Sean Sullivan Lowell, MA Robert P. Sullivan Peter Edward Torres New York, NY Sidney L. Katz william H. Troupe Boston, MA Gerard B. Carney Sue Ann Unger Philadelphia, PA John 0. J. Shellenberger

Robert J. Valihura Jr. Wilmington, DE Richard L. Sutton Jonathan K. Van Patten Vermillion, SD John Frederick Hagemann

Paul J. Vichness Roseland, NJ Charles S. Lorber James R. Waers Kansas City, KS John J. Blake Robert Evan Wanerman New York, NY Connie A. Raffa Kendrick Emerson Webb Montgomery, AL James W. Webb MONDAY. JUNE 17. 1991 833

Applicant City and State Movant

Carter Capps White Brownsville, TX Robert Alton Gammage Thomas Carey Wicker III New Orleans, LA Ralph Capitelli Dina L. Wilcox Kerhonkson, NY Daniel Givelber Paul Kobbe Williams Midland, TX John Brian Martin J. Michael Winchester Knoxville, TN Neal S. Melnick Sharon Witherspoon Washington, DC Arthur W. Leibold, Jr. Raymond Len Wong Cleveland, MS Benjamin E. Griffith Samuel Xiangyu Zhang Washington, DC Lawrence R. Walders

Opinions

No. 90-769. Louise Renne, San Francisco City Attorney, et al., Peti- tioners v. Bob Geary, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment vacated and case re- manded to the Court of Appeals with instructions to dismiss respond- ents' third cause of action without prejudice. Opinion by Justice Ken- nedy with whom the Chief Justice, Justice Stevens, Justice O'Connor, and Justice Souter join, and in all but Part II-B of which Justice Scalia joins. Concurring opinion by Justice Stevens. Dissenting opinion by Justice White. Dissenting opinion by Justice Marshall with whom Jus- tice Blackmun joins.

No. 89-7376. Pearly L. Wilson, Petitioner v. Richard Seiter, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Opinion by Justice White concurring in the judgment with whom Justice Marshall, Justice Blackmun and Justice Stevens join.

No. 90-906. Metropolitan Washington Airports Authority, et al.. Pe- titioners v. Citizens for the Abatement of Aircraft Noise, Inc., et al. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opinion by Justice White with whom the Chief Justice and Justice Marshall join.

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico. On Exceptions to the Report of the Special Master. Ex- 834 MONDAY. JUNE 17. 1991 ceptions overruled except for Oklahoma's and Texas' challenge to the Master's recommnendation that the "desilting pool" issue be referred to the Canadian River Commission, which is sustained in part. The case is remanded to the Special Master for such further proceedings and rec- ommendations as may be necessary. Opinion by Justice White. Opinion by the Chief Justice concurring in part and dissenting in part with whom Justice O'Connor, Justice Scalia and Justice Kennedy join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Leonora Pennell Baker Washington, DC J. Strom Thurmond

Cynthia B. Sensibaugh Arlington, VA J. Strom Thurmond Kent Dean Talbert McLean, VA J. Strom rpiThurmondj m t tit i Terry Lynn Wooten Washington, DC J. Strom Thurmond

T A 1 A Mark J. Gilbert Los Angeles, CA Francis John Lorson Robert William Kuhn New York, NY Francis John Lorson Robbm E. Brinkhoff Rockville, MD John G. Gill, Jr. Susan M. Delbert Washington, DC Robert Doran Grossman, Jr. Lawrence Donohue West Islip, NY Richard Kennon Willard Monita W. Fontaine Washington, DC Gary M. Nateman Elwood Earl Sanders Jr. Woodbridge, VA Thomas Raymond Williams Gerald E. Weis Carson City, NV Douglas Ross Roger L. Dworsky Schenectady, NY Barry Marvin Chasen

Bryan J. Goldberger Albany, NY Barry Marvin Chasen Johus Elton Saxe Albany, NY Barry Marvin Chasen

Bruce S. Trachtenberg Schenectady, NY Barry Marvin Chasen MONDAY. JUNE IT. 1991

Applicant City and State Movant

Clark A. Andrews Sterling Heights, E. Raymond Ml 0 Malley Beth A. Andrews Sterling Heights, E. Raymond MI O'Malley Darren Kay banks Lansing, MI E. Raymond UrVTATr.llMalle\

T„ \ T.'j.„ TT„;iL T") „ „ LaNita Haitn Bee Detroit, Ml E. Raymond U Malley Mark A. Burnheimer Iraverse City, Ml b. Raymond U Malley Reginald Glenn Dozier Detroit, Ml b. Kaymond U Malley

TT j _ rp "\7" Kathryn P. Fagan Houston,„ IX L. Raymond U Malley James W. Goss Grosse Pointe E. Raymond raiK,p ni,u MlMT u Malley Charles Allen Graham Baldwin,Dnl^TTrivi Ml1\/TT b. Kaymond U Malley Lawrence Martin Hmtz -UetlOlL, Ml E. Raymond U Malley bary E. Macn rort Huron, Ml E. Raymond U Malley

LindaLee Massoud r lint, Ml E. Raymond v Malley David John Masud Saginaw, MI E. Raymond U Malley

David John Montera Detroit, Ml tj. Kaymond

(J Malley Nancy Carol Nawrocki Hart land. Ml E. Raymond U Malley Daniel K. Reinecke Lansing, MI E. Raymond U Malley Katherine Anne bchulze Washington, DC E. Raymond u Malley

Nicholas A. v lachos Kalamazoo, MI E. Raymond O'Malley Paul Theodore Vlachos Kalamazoo, M E. Raymond O'Malley .

836 MONDAY. JUNE IT. 1991

Applicant City and State Movant

Fllintt G Mi let pin Robert Jacob Adler Washington, DC 1—i 111U LI o. 1V1.11:? LClll

1" G 1YT 1 1 C Dl Tl Lesley Collie Adler Washington, DC Fllintt o. ivillir< LClll G Juan Chardiet McLean, VA HiFllintt111U LI o. 1V±11S>LC111Mil ct pin G Nancy Ratchford Dallas, TX Fllintt o. IVlllsMil ctLclllpin G John Perry Servis Allentown, PA JLjIHULLFllintt o. iviiisMil ctlciiipin G Peter Charles Wolk Washington, DC l—iFllintt11HJ L L o lTj.115)MilctpinLClll G Gordon Arthur Reingold Chicago, IL FllinttHi 111U L L o. lVlllSMilctpinLclll G Shari Cohen Boscolo Rockville, MD FllinttHilllULL o. lVlllfcMilctpinLclll Benjamin Tederick Boscolo Bethesda, MD Fllintt o.G IVlllbLClllMilctpin

G TVTil ctpin Bruce Martin Plaxen Columbia, MD FllinttJ_j 111U LI o IVUlO LClll G Anthi Helleni Poulos Potomac, MD H/111ULLFllintt o. iviiiaMilctpinLClll G James Charles Simpson Jr. Gulfport, MS X-JFllinttlllVJL L o H-LlloMilctpinLClll

Keith Brian Rudich Washington, DC FllinttHilllULL G IVlllbMilctoinLclll Judith Ann Harris Allentown, PA Elliott s. Milstein Eric Marc Drattell Washington, DC Elliott s. Milstein Donald Francis King Fairfax, VA Elliott s. Milstein Susan M. Pesner Vienna, VA Elliott s. Milstein Joan Lowry Glaser Morgan Seattle, WA Elliott s. Milstein

Adjourned until Thursday, June 20, 1991, at 10 o'clock. x (JOURNAL) THURSDAY. JUNE 20. 1991 837 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. Opinions

No. 89-680. James B. Beam Distilling Company, Petitioner v. Geor- gia, et al. On writ of certiorari to the Supreme Court of Georgia. Judg- ment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the judgment of this Court. Justice Souter announced the judgment of the Court, and delivered an opinion in which Justice Stevens joins. Opinion by Justice White concurring in the judgment. Opinion by Justice Blackmun concurring in the judgment with whom Justice Marshall and Justice Scalia join. Opinion by Justice Scalia concurring in the judgment with whom Justice Marshall and Jus- tice Blackmun join. Dissenting opinion by Justice O'Connor with whom the Chief Justice and Justice Kennedy join.

No. 89-1799. Jeffrey M. Masson, Petitioner v. New Yorker Maga- zine, Inc., Alfred A. Knopf, Inc. and Janet Malcolm. On writ of certio- rari to the United States Court of Appeals for the Ninth Circuit. Judg- ment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Opinion by Justice White concurring in part and dis- senting in part with whom Justice Scalia joins.

No. 89-1717. Florida, Petitioner v. Terrance Bostick. On writ of cer- tiorari to the Supreme Court of Florida. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsist- ent with the opinion of this Court. Opinion by Justice O'Connor. Dis- senting opinion by Justice Marshall with whom Justice Blackmun and Justice Stevens join. No. 90-50. Ellis Gregory, Jr. and Anthony P. Nugent, Jr., Judges,

Petitioners v. John D. Ashcroft, Governor of Missouri. On writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice O'Connor. Opinion by Justice White concurring in part, dissenting in part, and concurring in the judgment with whom Justice Stevens joins. Dissenting opinion by Jus- tice Blackmun with whom Justice Marshall joins.

No. 90-757. Ronald Chisom, et al., Petitioners v. Charles E.

Roemer, Governor of Louisiana, et al.; and 838 THURSDAY. JUNE 20. 1991

No. 90-1032. United States, Petitioner v. Charles E. Roemer, Gov- ernor of Louisiana, et al. On writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Dissenting opinion by Justice Scalia with whom the Chief Justice and Justice Ken- nedy join. Dissenting opinion by Justice Kennedy.

No. 90-813. Houston Lawyers' Association, et al., Petitioners v. At- torney General of Texas, et al.; and

No. 90-974. League of United Latin American Citizens, et al., Peti- tioners v. Attorney General of Texas, et al. On writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment re- versed and cases remanded to the Court of Appeals for further proceed- ings in conformity with the opinion of this Court. Opinion by Justice Stevens. Dissenting opinion by Justice Scalia with whom the Chief Jus- tice and Justice Kennedy join.

No. 90-333. Lampf, Pleva, Lipkind, Prupis & Petigrow, Petitioner v. John Gilvertson, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed. Justice Blackmun delivered the opinion of the Court, except as to Part II-A. Opinion by Justice Scalia concurring in part and concurring in the judgment. Dis- senting opinion by Justice Stevens with whom Justice Souter joins. Dis- senting opinion by Justice O'Connor with whom Justice Kennedy joins. Dissenting opinion by Justice Kennedy with whom Justice O'Connor joins.

Adjourned until tomorrow at 10 o'clock. x

Order in Pending Case

No. A-953. Barry Feinstein, et al., Applicants v. United States, et al. The application for a partial stay of an order of the United States District Court for the Southern District of New York presented to Jus- tice Marshall and by him referred to the Court is denied. (JOURNAL) FRIDAY. JUNE 21. 1991 839 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 90-5551. Edward Harold Schad, Jr., Petitioner v. Arizona. On writ of certiorari to the Supreme Court of Arizona. Judgment affirmed. Justice Souter announced the judgment of the Court and delivered the opinion of the Court with respect to Part III, and an opinion with re-

spect to Parts I and II, in which the Chief Justice, Justice O'Connor, and Justice Kennedy join. Opinion by Justice Scalia concurring in part and concurring in the judgment. Dissenting opinion by Justice White with whom Justice Marshall. Justice Blackmun, and Justice Stevens join.

No. 89-1905. Wisconsin Public Intervenor, et al., Petitioners v.

Ralph Mortier, et al. On writ of certiorari to the Supreme Court of Wis- consin. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Opinion by Justice Scalia concurring in the judgment.

No. 90-26. Michael Barnes, Prosecuting Attorney of St. Joseph

County, Indiana, et al.. Petitioners v. Glen Theatre, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit. Judgment reversed. The Chief Justice announced the judgment of the Court and delivered an opinion in which Justice O'Connor and Jus- tice Kennedy join. Opinion by Justice Scalia concurring in the judg- ment. Opinion by Justice Souter concurring in the judgment. Dissent- ing opinion by Justice White with Justice Marshall, Justice Blackmun, and Justice Stevens join.

Adjourned until Monday, June 24, 1991, at 10 o'clock.

(JOURNAL) MONDAY. JUNE 24. 1991 841 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter. The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Certiorari— Summary Disposition

No. 90-1167. Board of Public Education and Orphanage for Bibb

County, et al., Petitioners v. David Lucas, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir-

cuit. The petition for writ of certiorari is granted. The judgment is va- cated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for clarification of the jurisdictional issue presented by the Solicitor General in his brief for the United States, as amicus curiae, filed June 4, 1991.

No. 90-1433. Florida, Petitioner v. Joseph Trody. On petition for writ of certiorari to the District Court of Appeal of Florida, Third Dis- trict. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the District Court of Appeal of

Florida, Third District, for further consideration in light of McNeil v. Wisconsin, 501 U.S. (1991).

No. 90-5849. Peter James Williams, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in

light of Burns v. United States, 501 U.S. (1991).

No. 90-5999. Keith Lamonte Hill, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in

light of Burns v. United States, 501 U.S. (1991). 842 MONDAY, JUNE 24. 1991

Orders in Pending Cases

- No. — . In Re George L. Karapinka, Petitioner. The motion to direct the Clerk to file a petition for a writ of mandamus that does not comply with the Rules of the Court is denied.

No. . Billie Maureen Parker, Petitioner v. Markus C. Maze, et al.

The motion to direct the Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. A-916. Linda S. Moore, Applicant v. Pat Jarvis, Sheriff of DeKalb County, Georgia. The application for recall and stay of mandate addressed to Justice White and referred to the Court is denied.

No. A-927. Ralph J. Abramo, Jr., Applicant v. Worcester Division of the Superior Court, etc. The application for stay of trial proceedings addressed to Justice Marshall and referred to the Court is denied. No. A-936. U.S. Department of Justice and Federal Bureau of Inves- tigation, Applicants v. Seth Rosenfeld. The application for stay pre- sented to Justice O'Connor and by her referred to the Court is granted and it is ordered that the order of the United States District Court for the Northern District of California, case Nos. C-85-1709 and C-85- 2247, filed March 29, 1991, be and the same is hereby stayed pending final disposition of the appeal of that order by the United States Court of Appeals for the Ninth Circuit following the District Court's action on the government's motion for reconsideration, filed April 16, 1991. No. D-963. In the Matter of Disbarment of Paul Gordon Henderson. Disbarment order entered.

No. D-965. In the Matter of Disbarment of Hal I. Lackey. Disbar- ment order entered. No. D-977. In the Matter of Disbarment of Paul Zaharia. Disbar- ment order entered. No. D-983. In the Matter of Disbarment of Clyde W. Stitt. Disbar- ment order entered. No. D-993. In the Matter of Disbarment of Murray Berger. Disbar- ment order entered. No. D-996. In the Matter of Disbarment of Glenn Arnold Bergmann. Disbarment order entered.

No. D-1014. In the Matter of Disbarment of R. Jerry Bennett. It is ordered that R. Jerry Bennett, of Colorado Springs, Colorado, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. MONDAY. JUNE 24. 1991 843

No. D-1015. In the Matter of Disbarment of Robert B. Burke. It is ordered that Robert B. Burke, of Philadelphia, Pennsylvania, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1016. In the Matter of Disbarment of Harold M. Gamer. It is ordered that Harold M. Gamer, of Los Angeles, California, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1017. In the Matter of Disbarment of Anthony S. Caronna. It is ordered that Anthony S. Caronna, of Brooklyn, New York, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1018. In the Matter of Disbarment of John J. Hayden. It is ordered that John J. Hayden, of Goshen, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1019. In the Matter of Disbarment of James Henry Turner. It is ordered that James Henry Turner, of St. Petersburg, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. Ill, Original. State of Delaware, Plaintiff v. State of New York. The motion of Georgia and Maine for leave to file a complaint in inter- vention is referred to the Special Master.

No. 90-1205. United States, Petitioner v. Ray Mabus, Governor of

Mississipppi, et al.; and

No. 90-6588. Jake Ayers, et al., Petitioners v. Ray Mabus, Governor of Mississippi, et al. The motion of National Bar Association, et al. for leave to file a brief as amici curiae is granted.

No. 90-1262. Arkansas, et al., Petitioners v. Oklahoma, et al.; and

No. 90-1266. Environmental Protection Agency, Petitioner v. Okla- homa, et al. The motion of the Solicitor General for divided argument is granted.

No. 90-1372. Main Hurdman, Petitioner v. Howard Fine, et al. The motion of the parties to further defer consideration of the petition for a writ of certiorari is granted. 844 MONDAY. JUNE 24. 1991

No. 90-1676. Mary Gade, Director, Illinois Environmental Protec- tion Agency, Petitioner v. National Solid Wastes Management Associa- tion. The Solicitor General is invited to file a brief in this case express- ing the views of the United States.

No. 90-1712. North Carolina, Petitioner r. Carlton J. Smith. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 90-1904. International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, AFL-CIO, Petitioner v. United States. The motion of petitioners to expedite consideration of the petition for a writ of certiorari is denied.

No. 90-6105. John H. Evans, Jr., Petitioner v. United States. The motion for appointment of counsel is granted and it is ordered that C. Michael Abbott, Esquire, of Atlanta, Georgia, is appointed to serve as counsel for the petitioner in this case.

Certiorari Granted

No. 90-1577. United States, Petitioner v. R. L. C. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

Certiorari Denied

No. 90-1194. Maine Public Utilities Commission, Petitioner v. Maine Yankee Atomic Power Company. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 90-1423. Massillon Board of Education, Petitioner v. Therese A. Farber. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1460. Titki D. Tarassoum, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-1506. Kathleen Shetler Globus, Petitioner v. Samuel K. Skin- ner, Secretary of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1508. City of El Centro, California, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. MONDAY. JUNE 24. 1991 845

No. 90-1541. Washington State Department of Transportation, Peti- tioner v. United States Environmental Protection Agency. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1542. Bartholomew Rivieccio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1550. Annie Lee Hudson, et al., Petitioners v. Chicago

Teachers Union, Local 1, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-1563. Patrick McEvoy, Petitioner v. New York. Petition for writ of certiorari to the Appellate Term of the Supreme Court of New York, 1st & 12th Judicial District, denied.

No. 90-1593. Paramount Pictures Corporation, et al, Petitioners v. The Movie 1 & 2. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1601. Lillian H. Hall, et vir, et al., Petitioners v. Federal Deposit Insurance Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1610. Hwang Jung Joo, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1621. Virginia Knight, et al.. Petitioners v. Board of Admin- istration of the Public Employees' Retirement System. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-1640. William M. Church, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Military Appeals denied.

No. 90-1652. Lawrence E. Dale, Petitioner v. American Federation of State, County and Municipal Employees, International, AFL-CIO. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 90-1653. Nor-West Cable Communications Partnership, Peti- tioner c. City of St. Paul, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1655. Nigel Gordon, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-1659. Bausch & Lomb Incorporated, Petitioner v. Hewlett- Packard Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. 846 MONDAY. JUNE 24. 1991

No. 90-1662. Fred Bairstow, et al.. Petitioners v. Carolyn Bairstow, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 90-1663. William R. Sachs, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 90-1669. Tyler C. Dixon, Petitioner v. Richard N. Hubert, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 90-1673. Columbia Oldsmobile, Inc., Petitioner v. City of Mont- gomery, Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-1675. Robert Reichelt, et al., Petitioners v. Emhart Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1679. Robert G. Kile, Petitioner v. North Pacific Construc- tion Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1681. Robert D. Hodory, Petitioner v. John Hamilton. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 90-1682. James C. Cathey, et ux., Petitioners v. Metropolitan

Life Insurance Company, et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 90-1687. Miramar Hotel Corporation, Petitioner v. Santa Monica

Culinary Welfare Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1690. Oliver Bond, et ux., Petitioners v. Octagon Process, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1693. Carol A. Brown, Petitioner v. Donald Wong, et al. Peti- tion for writ of certiorari to the Supreme Court of Hawaii denied.

No. 90-1696. Clark Lester, Petitioner v. Gene Borgert, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1710. Texas, Petitioner v. Timothy Lane Gribble. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 90-1711. Gladys M. Gridley, Petitioner v. Cleveland Pneumatic

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY. JUNE 24. 1991 847

No. 90-1716. Iowa District Court for Winneshiek County, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 90-1732. Robert T. Nicols, Petitioner v. Lynne J. Nicols. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

No. 90-1741. Bayerische Hypotheken-und Wechsel-Bank AG, et al.,

Petitioners v. Klaus Hubert Gorg, etc. , et al. Petition for writ of certio- rari to the Supreme Court of Georgia denied.

No. 90-1742. John Edward Hooper, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-1746. Roger Smith Troen, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 90-1770. Amernational Industries, Inc., Petitioner v. Electro- exportimport. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1799. Donald Pruessman, Petitioner v. Parker Lee McDon- ald, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1812. Ernest F. Darboven, Petitioner v. Louis Nickolopoulos, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-5586. Ronald Janssen, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-5706. Billy Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6710. Tommy Lee Jackson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-7185. Gary Bruce Palmer, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7227. Juan Segarra-Palmer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7246. Roberto Jose Maldonado-Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 848 MONDAY. JUNE 24. 1991

No. 90-7283. Eustaquio C. Deases, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7297. Reginald Eugene Turner, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 90-7338. Eugene Laff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7351. Kenneth Derrell Williams, Petitioner v. California. Pe- tition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 90-7370. Richard Will, Petitioner v. Irene Will. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 90-7371. Paul Wallace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7394. Dwight Ernest Dougall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 90-7470. Manuel Duenas-Zaragoza, aka Jose Perez Garcia Meno,

Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7491. Jeffery Scott, Petitioner v. Paul Delo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7539. Willie Horton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7562. John Wesley Manning, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7563. Robert A. Hickey, Petitioner v. United States; and

No. 90-7591. Thomas M. Kavanagh, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 90-7566. Charles Antoin Novey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY. JUNE 24. 1991 849

No. 90-7626. Eduardo Bibo-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7629. Jeffrey L. Hardison, Petitioner v. George H. Braxton, Colonel, United States Disciplinary Barracks, Fort Leavenworth, Kan- sas. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7665. Manuel Chavira, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7678. Randy Price, Petitioner v. Gerald Willis, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7687. Alpha Omega Paitsel, Petitioner v. Mississippi, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 90-7717. Henry Sanders, Petitioner v. District of Columbia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7726. Donald Hendricks, Petitioner v. Department of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-7807. Rodney Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7849. Emanuel Vincent Thomas, Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7859. Sammie Clemons, Petitioner v. Bill Armontrout, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7862. Michael E. Donati, Petitioner v. E. C. Morris, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7867. Larry D. Henson-El, Petitioner v. D. C. Rogers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 850 MONDAY. JUNE 24. 1991

No. 90-7868. Randy G. Mink, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-7872. Terry Matthews, aka Eddie Brown, Petitioner v. Sam- uel Jolly, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7874. Hubert Holbrook, Petitioner v. Larry Hurt, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 90-7875. Kayla Niccole Ramos, a Minor, Represented by Her

Mother, Marina Lee Keech, et al., Petitioners v. City of York, Pennsyl- vania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7876. James W. Broyles, Petitioner v. Bill Armontrout, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7877. Paul Ernest Segovia, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appel- late District, denied.

No. 90-7878. Douglas E. Billings, Petitioner v. Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7879. Ronald Lee Robinson, Petitioner v. Albert Stiftel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7883. Leslie Thomas Leonard, Petitioner v. Charles Scully,

Superintendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7886. Cecil Shows, Petitioner v. NCNB National Bank of North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7889. Vladimir Zatko, Petitioner v. United States District Court for the Northern District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7890. Nancy Jewell Cross, Petitioner v. Mary Griffin, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-7892. Hardy Lamar Wilson, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. MONDAY. JUNE 24. 1991 851

No. 90-7893. Richard A. Perry, Petitioner v. Michigan, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7895. Clarion Bay, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied.

No. 90-7897. John Clinton Marteny, Petitioner v. Edward Murray,

et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-7907. Michael C. Cosner, Petitioner v. Joseph F. Beatty, Judge, Circuit Court of Henry County. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-7917. Kurt Donnell Wesson, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 90-7919. Gary Vernon, Petitioner v. Hartwell Hatfield, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7921. Lamont James Miller, Petitioner v. Raymond T. Toombs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7925. Amo Paul Bishop Roden, Petitioner v. Vernon Howell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7926. Leonard Boyd, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 90-7946. Faye Ann McCabe, Petitioners California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 90-7947. Anthony Mercado, Petitioner v. Sherman Block, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7953. David A. Crane, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 90-7971. Lonnie D. Lockhart, Petitioner v. James A. Collins, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7986. Manuel Ruiz-Valdez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 852 MONDAY. JUNE 24. 1991

No. 90-7989. Charles Ray Johnson, Petitioner i>. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7993. Perry Caudle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7995. Matthew Charles Johnson, Petitioner v. Attorney Gen- eral of Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8005. John Robert Demos, Jr., Petitioner v. Supreme Court of Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 90-8025. Terence J. Murphy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-8053. Michael Wayne Boudreaux, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8058. James Carney, Petitioner v. Department of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-8068. Barn- Joe Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 90-8071. Boisey Beverly, Delores Scott and Carl Sykes, Peti- tioners v. United States; and

No. 90-8087. Emmanuel Brown, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8074. Manuel Reuvelta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8077. Hector Reyes-Vasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8089. Robert Jesse Smallwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY. JUNE 24. 1991 853

No. 90-8090. Randall Rollins, et ux., Petitioners v. John Kramer, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-8096. Glenn Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8106. Jocephus Lomax, Petitioner v. Frank Wood, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8112. Felipe Jesus Gonzales, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8115. Henry Lee Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8116. Courtney Lodian Fuller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-8119. Irwin Schiff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-8170. Robert Ortiz, Petitioner v. Eugene S. LeFevre, Super- intendent, Franklin Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1520. Aqua-Chem, Inc., Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 90-1587. Capeletti Bros., Inc., et al., Petitioners v. Broward

County, Florida, et al. The motion of Washington Legal Foundation, et al. for leave to file a brief as arnici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

7 No. 90-1616. Ohio, Petitioner v. Larry Williams. The motion of re- spondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-1678. Colorado, Petitioner v. Philip Leslie Galimanis. The motion of respondent for leave to proceed in forma pauperis is granted. 854 MONDAY. JUNE 24. 1991

Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 90-1684. Robert P. Brewer, Natural Guardian and Duly-

Appointed Next Friend of Robert C. Brewer, Petitioner v. Lincoln Na- tional Life Insurance Company. The motion of National Depressive and

Manic Depressive Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7755. Ricky Ray Rector, Petitioner v. Winston Bryant, At- torney General of Arkansas, et al. The petition for a writ of certiorari to the United States Court of Appeals for the Eighth Circuit is denied. Dissenting opinion by Justice Marshall.

No. 90-5950. David Wayne Spence, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-8175. Arthur Lee Williams, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-7861. David Ben-Moshe, Petitioner v. Bob Martinez, Former

Governor of Florida, et al. The petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit before judg- ment is denied.

Mandamus Denied

No. 90-1647. In Re Louisiana, ex rel. William J. Guste, Jr., Attorney General, etc.; No. 90-7645. In Re Delbert Reidt, Petitioner; and No. 90-7899. In Re Wilmer B. Gay, Petitioner. The petitions for writs of mandamus are denied. No. 90-7901. In Re William Duane Elledge, Petitioner. The motion of National Legal Aid and Defender Association for leave to file a brief as amicus curiae is granted. The motion of National Association of Criminal Defense Lawyers for leave to file a brief as amicus curiae is granted. The petition for writ of mandamus is denied.

Rehearings Denied

No. 90-1340. Eleanor S. Simpson, Petitioner v. Donald M. Simpson, et al.;

No. 90-1391. Robert D. Hejl, Petitioner v. City of Austin, et al; MONDAY. JUNE 24. 1991 855

No. 90-1512. Robert E. Perm, et ux., Petitioners v. Parke State Bank;

No. 90-7091. Luis Carlos Guerrero, Petitioner v. United States;

No. 90-7104. Franklin Teter, Petitioner v. Jimmie M. Jones, Super- intendent, Moberly Correctional Center;

No. 90-7156. Shane Venkatesan, Petitioner v. Charles White, et al.;

No. 90-7279. Henry Davis, Petitioner v. Jeffrey A. Beard, Warden,

et al.;

No. 90-7306. Bernice Burns, Petitioner v. Johnny Burns, et al;

No. 90-7320. Billy Watkins, Petitioner v. Gail Weiss;

No. 90-7407. Jack Eugene Fleming, Petitioner v. Colorado;

No. 90-7424. Ronal Kiskila, et ux., Petitioners v. Superior Court of the State of California for the County of Riverside (Business Exchange,

Inc., et al., Real Parties in Interest;)

No. 90-7555. Albert Leonard Rutherford, Petitioner v. United States; and

No. 90-7597. Vincent Germano, et ux., Petitioners v. James B. Blevins, Judge, District Court for the Seventh Judicial District of Okla- homa. The petitions for rehearing are denied.

No. 89-1217. James P. Lehnert, et al., Petitioners v. Ferris Faculty

Association, et al. The petition for limited rehearing and other relief is denied.

Recess Order

The Court will take a recess from Monday, June 24, 1991, until Thursday, June 27, 1991.

Admissions to the Bar on Written Motions

Applicant City and State Movant

John I. Alioto San Francisco, CA Joseph L. Alioto Kathy Dianne Bailey Washington, DC Francis S. Blake William M. Billings New York, NY William P. Kardaras Susan G. Bischoff Salem, OR William Michael Gillette Ellen Sarafan Camenker Orlando, FL Christopher C. Skambis Jr. 856 MONDAY. JUNE 24. 1991

Applicant City and State Movant

Kevin P. Candon Rutland, VT Harry R. Ryan, III John C. Cavett Jr. Chattanooga, TN Richard P. Jahn John R. Ceruolo Framingham, MA Bonnie H. MacLeon-Griffin

Daniel E. Doherty Boston, MA Thomas J. Mundy Jr.

William J. Dyer Houston, TX Morton L. Susman Richard S. Emerson Jr. Portland, ME Daniel G. Lilley Gerard Thomas Fazio Dallas, TX James Hill Holmes, III Todd Dryden Ferguson Lexington, KY Michael Louis Harned John A. Gresham New York, NY Stephen Mark Latimer Terri L. Hayles Detroit, MI Thomas L. Walters

Chester J. Hinshaw Dallas, TX Glen D. Nager Ann Louise Hoover Topeka, KS Lewis C. Carter Thomas A. Hunter Houston, TX John Parker Farra patrick E. Joyce Livermore Falls, Edward H. ME Cloutier Jerome Michael Kaplan Kansas City, KS Thaddeus Edward Nugent

E. Lewis Kincer Jr. Richmond, VA G. Kenneth Miller Barry Kramer Fairfield, CT Allen David Brufsky Robert William Lenzer Atlanta, GA Thomas Patrick Lenzer Stan Naparst Albany, CA John Murcko Donald E. Pallet* Baltimore, MD Ronald W. Parker

Albert J. Pirro Jr. White Plains, NY Anthony J. Pieragostini David A. Rabin Atlanta, GA Joseph R. Manning Jonathan David Schiller Washington, DC Roderick Maltman Hills MONDAY. JUNE 24. 1991 857

Applicant Citv and State Movant

Vernon L. Strickland III Washington, DC Judge Christine Cook Nettesheim Brian Robert Sullivan Chelmsford, MA Dennis Edward McHugh Donald E. Theis Toledo, OH Gregory G. Baran Jean Louise Willis Manassas, VA Bryant Ashley Webb Opinions

No. 90-68. Eddie S. Ylst, Warden, Petitioner v. Owen Duane Nun- nemaker. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Concurring opinion by Justice White. Dissenting opinion by Justice Blackmun with whom Justice Marshall and Justice Stevens join. No. 89-1782. Edgar Blatchford, Commissioner, Department of Com- munity and Regional Affairs of Alaska, Petitioner v. Native Village of Noatak and Circle Village. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case re- manded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Dissenting opinion by Justice Blackmun with wr hom Justice Marshall and Justice Stevens join.

No. 89-7662. Roger Keith Coleman, Petitioner v. Charles E. Thomp- son, Warden. On writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit. Judgment affirmed. Opinion by Justice O'Connor. Concurring opinion by Justice White and concurring in the judgment. Dissenting opinion by Justice Blackmun with whom Justice Marshall and Justice Stevens join. No. 89-1714. Harriet Pauley, Survivor of John C. Pauley, Petitioner v. BethEnergy Mines, Inc., et al. On WTit of certiorari to the United States Court of Appeals for the Third Circuit;

No. 90-113. Clinchfield Coal Company, Petitioner v. Director, Office of Workers' Compensation Programs, United States Department of

Labor, et al.; and

No. 90-114. Consolidated Coal Company, Petitioner v. Director, Office of Workers' Compensation Programs, United States Department of Labor, et al. On writs of certiorari to the United States Court of Ap- peals for the Fourth Circuit. The judgment in No. 89-1714 is affirmed. 858 MONDAY. JUNE 24. 1991

The judgments in Nos. 90-113 and 90-114 are reversed and these cases are remanded to the Court of Appeals for further proceedings in con- formity with the opinion of this Court. No costs are allowed in any of these cases. Opinion by Justice Blackmun. Dissenting opinion by Justice Scalia. Justice Kennedy took no part in the consideration or decision of these cases.

No. 90-634. Dan Cohen, Petitioner v. Cowles Media Company, dba Minneapolis Star and Tribute Company, et al. On writ of certiorari to the Supreme Court of Minnesota. Judgment reversed and case re- manded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice Blackmun with whom Justice Marshall and Justice Souter join. Dissenting opinion by Justice Souter with whom Justice Marshall, Justice Blackmun, and Justice O'Connor join. The Chief Justice said: "On Thursday, June 27, 1991, the Court will announce all of the re- maining opinions ready during the Term of the Court."

Adjourned until Thursday, June 27, 1991, at 10 o'clock. x

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Thurgood Marshall Jr. Arlington, VA Honorable Thurgood Marshall, Associate Justice of the Supreme Court of the United States Colleen P. Mahoney Washington, DC Honorable Thurgood Marshall, Associate Justice of the Supreme Court of the United States MONDAY. JUNE 24. 1991 859

Applicant Citv and State Movant

Howard Mark Klausmeier Washington, DC Judge Eileen M. Albertson Howard Layne Slinkard Rogers, AR Lawrence

Herman Aver ill, Jr. R. Winfield Achor Santa Rosa, CA Douglas K. Spaulding

J. Bruce Blake Sioux Falls, SD Wm. L. Dickey R. Winfield Achor Santa Rosa, CA Douglas K. Spaulding J. Bruce Blake Sioux Falls, SD Wm. L. Dickey Kathleen Bedford Ebert Tacoma, WA Irene Louise Ringwood Marvyn Earl Kaye Los Angeles, CA Judah C. Sommer James Pembrook Scott Crownsville, MD David Lee Jones Stuart W. Kessler Plymouth William Heller Meeting, PA Arthur Samuel Klein King of Prussia, William Heller PA Louis P. Lombardi, II Philadelphia, PA William Heller

No. A-971. Harry K. Singletary, Secretary, Florida Department of

Corrections, Applicant v. Bobby Marion Francis. The application to va- cate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eleventh Circuit, presented to Justice Kennedy and by him referred to the Court, is granted provided that the stay shall remain in effect until 7 a.m. Tuesday, June 25, 1991, in order to allow for further consideration by the United States Court of Ap-

peals for the Eleventh Circuit in light of Coleman v. Thompson, 500 U.S. (1991). Dissenting statement by Justice Marshall. Justice Blackmun and Justice Stevens would deny the application to vacate the stay of execution.

(JOURNAL) TUESDAY. JUNE 25. 1991 861 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 90-8449. Bobby M. Francis, Petitioner v. Harry K. Singletary, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by

him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is de- nied. Dissenting statement by Justice Marshall.

No. 90-8450. Bobby M. Francis, Petitioner v. Harry K. Singletary, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court is denied. The petition for writ of certiorari to the Supreme Court of Florida is denied. Dissenting statement by Justice Marshall.

(JOURNAL) THURSDAY. JUNE 27. 1991 863 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Opinions

No. 89-1448. Virginia Bankshares, Inc., et al., Petitioners v. Doris

I. Sandberg, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed. Opinion by Justice Souter. Opinion by Justice Scalia concurring in part and concurring in the judgment. Opinion by Justice Stevens concurring in pail and dis- senting in part with whom Justice Marshall joins. Opinion by Justice Kennedy concurring in part and dissenting in part with whom Justice Marshall, Justice Blackmun and Justice Stevens join.

No. 89-1836. Dominic P. Gentile, Petitioner v. State Bar of Nevada. On writ of certiorari to the Supreme Court of Nevada. Judgment re- versed. Justice Kennedy announced the judgment of the Court and de- livered an opinion of the Court with respect to Parts III and VI, and an opinion with respect to Parts I, II, IV, and V with whom Justice Marshall, Justice Blackmun and Justice Stevens join. The Chief Justice delivered the opinion of the Court with respect to Parts I and II, and delivered a dissenting opinion with respect to Part III with whom Jus- tice White, Justice Scalia and Justice Souter join. Concurring opinion by Justice O'Connor.

No. 89-7272. Ronald Allen Harmelin, Petitioner v. Michigan. On writ of certiorari to the Court of Appeals of Michigan. Judgment affirmed. Justice Scalia announced the judgment of the Court and de- livered the opinion of the Court with respect to Part V, and an opinion with respect to Parts I, II, III, and IV, with whom the Chief Justice joins. Opinion by Justice Kennedy concurring in part and concurring in the judgment with whom Justice O'Connor and Justice Souter join. Dis- senting opinion by Justice White with whom Justice Blackmun and Jus- tice Stevens join. Dissenting opinion by Justice Marshall. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins.

No. 90-615. Rafael Peretz, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Second Cir- cuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opin- 864 THURSDAY. JUNE 27. 1991 ion by Justice Marshall with whom Justice White and Justice Blackmun join. Dissenting opinion by Justice Scalia.

No. 90-762. Thomas Freytag, et al., Petitioners v. Commissioner of Internal Revenue. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Blackmun. Opinion by Justice Scalia concurring in part and concurring in the judgment with whom Justice O'Connor, Justice Kennedy and Justice Souter join.

No. 90-5721. Penis Tyrone Payne, Petitioner v. Tennessee. On writ of certiorari to the Supreme Court of Tennessee, Western Division. Judgment affirmed. Opinion by the Chief Justice. Concurring opinion r by Justice O'Connor with whom Justice W hite and Justice Kennedy join. Concurring opinion by Justice Scalia with wT hom Justice O'Connor and Justice Kennedy join as to Part II. Concurring opinion by Justice Souter with whom Justice Kennedy joins. Dissenting opinion by Jus- tice Marshall with whom Justice Blackmun joins. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins.

The Chief Justice said:

"I am authorized to announce that all cases submitted to the Court for decision have been acted upon by the Court. Disposition of items scheduled for Conference today will be indicated on an Order List to be released tomorrow. Accordingly, it is ordered that those cases remain- ing on the docket, but not ready for consideration, are continued to the session of the Court beginning October 7, 1991. The Court will be in recess from today until the first Monday in October 1991, at wT hich time the October 1990 Term of the Court will be adjourned and the October 1991 Term of the Court will begin as provided by statute on the first

Monday in October. In closing, on behalf of each Justice, I thank each member of the Supreme Court staff for their continued dedication to the work of the Court during the Term. This dedication and its atten- dant professionalism is recognized by the Bar and the public. Such dedi- cated service makes the heavy workload of the Court much easier for each Member of the Court." (JOURNAL) MONDAY. JUNE 2§. 1991 865 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

The Chief Justice said: "Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally."

Appeal— Summary Disposition

No. 90-1187. Willie Hunter, Jr., Appellant v. Fox McKeithen, Secre- tary of State of Louisiana, et al. Appeal from the United States District

Court for the Western District of Louisiana. The judgment is vacated and the case is remanded to the United States District Court for the Western District of Louisiana for further consideration in light of Hous- ton Lawyers' Assn. v. Attorney General of Texas, 501 U.S. (1991) and Clark v. Roemer, 500 U.S. (1991).

Certiorari — Summary Disposition

No. 89-1696. Peabody Coal Company, et al., Petitioners v. Charles Martin, Personal Representative of the Estate of Hubert Taylor, de- ceased, et al. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of cer- tiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Pauley v. BethEnergy Mines, Inc., 501 U.S. (1991). Justice Kennedy took no part in the consideration or deci- sion of this case. No. 90-172. Director, Office of Workers' Compensation Programs,

United States Department of Labor, Petitioner v. Jack Robinette. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Pauley v. BethEnergy Mines, Inc., 501 U.S. (1991).

No. 90-382. Village of Milford, Michigan, Petitioner v. Professional Lawn Care Association. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded 866 MONDAY. JUNE 28, 1991

to the United States Court of Appeals for the Sixth Circuit for further

consideration in light of Wisconsin Public Intervenor v. Mortier, 501 U.S. (1991).

No. 90-473. Arizona, Petitioner v. Joseph Bartlett, Jr. On petition for writ of certiorari to the Supreme Court of Arizona. The motion of respondent for leave to proceed in forma pauperis is granted. The peti- tion for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Arizona for further consider- ation in light of Harmelin v. Michigan, 501 U.S. —— (1991).

No. 90-645. Norwest Bank Duluth, N.A., Petitioner v. John P. James, Minnesota Commissioner of Revenue, et al. On petition for writ of cer- tiorari to the Supreme Court of Minnesota. The petition for writ of cer- tiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Minnesota for further consideration in light of James B. Beam Distilling Company v. Georgia, 501 U.S. (1991).

No. 90-673. Francis Edwin Bass, Jr., et al., Petitioners v. South Carolina, et al. On petition for writ of certiorari to the Supreme Court of South Carolina. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of South Carolina for further consideration in light of James B. Beam Dis- tilling Company v. Georgia, 501 U.S. (1991).

No. 90-898. Janice G. Clark, et al, Petitioners v. Charles "Buddy"

Roemer, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari

before judgment is granted. The judgment of the United States District Court for the Middle District of Louisiana is vacated and the case is re- manded to that Court for further consideration in light of Chisom v. Roemer, 501 U.S. (1991).

No. 90-1137. Al C. Parke, Warden, Petitioner v. Nathan Vernon Gillenwater. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of

certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Ylst v. Nunnemaker, 501 U.S. (1991). No. 90-1432. Harold W. Clarke, Warden, Nebraska State Peniten-

tiary, Petitioner v. Weldon Ross. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and MONDAY. JUNE 28, 1991 867 the case is remanded to the United States Court of Appeals for the

Eighth Circuit with directions to dismiss. United States v. Munsing- wear, Inc., 340 U.S. 36 (1950).

No. 90-1569. Fleming Landfill, Inc. and John T. Fleming, Petition- ers v. Julian Games, et ux. On petition for writ of certiorari to the Supreme Court of Appeals of West Virginia. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Appeals of West Virginia for further consider- ation in light of Pacific Mutual Life Insurance Company v. Haslip, 499 U.S. (1991).

No. 90-1597. National Private Truck Council, Inc., et aL, Petitioners v. Oklahoma Tax Commission, et al. On petition for writ of certiorari to the Supreme Court of Oklahoma. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Oklahoma for further consideration in light of Dennis v. Higgins, 498 U.S. (1991).

No. 90-1625. Northwest Savings Bank, PaSA, et al., Petitioners v. William Welch, III, Andrew Guest and Elizabeth Guest. On petition for writ of certiorari to the United States Court of Appeals for the Second

Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of James B. Beam Distilling Company v. Georgia, 501 U.S. (1991) and Lampf, Pleva, Lipkind, Prupis & Petigroiv v. Gilbertson, 501 U.S. (1991).

No. 90-1685. Henry Harper, et al., Petitioners v. Virginia Depart- ment of Taxation; and

No. 90-1772. Lawrence E. Lewy, et ux., et al., Petitioners v. Vir- ginia Department of Taxation. On petitions for writs of certiorari to the Supreme Court of Virginia. The petitions for writs of certiorari are granted. The judgment is vacated and the cases are remanded to the Supreme Court of Virginia for further consideration in light of James B. Beam Distilling Company v. Georgia, 501 U.S. (1991).

No. 90-7713. Oscar Prince Garcia, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Brax- ton v. United States, 500 U.S. (1991). 868 MONDAY. JUNE 28. 1991

Orders in Pending Cases

No. — . Donald Cook and Rose Marie Cook, Petitioners v. Centel Cable Television Company of Ohio, Inc., et al. The motion to direct the

Clerk to file a petition for a writ of certiorari, out-of-time, is denied.

No. A-968. Puerto Rican Legal Defense and Education Fund, Inc., et al. v. City of New York, et al. The application for an injunction pre- sented to Justice Marshall and by him referred to the Court is denied.

No. D-971. In the Matter of Disbarment of Elaine Roemisch Crane. Disbarment order entered.

No. D-1020. In the Matter of Disbarment of Alphonse Delia-Donna.

It is ordered that Alphonse Delia-Donna, of Fort Lauderdale, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1021. In the Matter of Disbarment of Anthony William Duva. It is ordered that Anthony William Duva, of Gainesville, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 118, Original. United States, Plaintiff v. Alaska. It has been suggested that the United States and Alaska are in agreement on the facts relevant to a decision in this action. If this is the case, the parties are invited to file a stipulation of facts in this Court on or before 60 days from the date of this order. If such a stipulation is not timely filed, a Special Master will be appointed and the case will proceed in the usual manner. If such a stipulation is filed, the parties shall then brief the legal issues. The brief of the United States shall be filed no later than 45 days after the filing of the stipulation of facts. Alaska's brief shall be filed within 30 days thereafter, after which the United States may promptly file a reply brief. The case will then be orally argued.

No. 87-1095. Director, Office of Workers' Compensation Programs,

United States Department of Labor, Petitioner v. Charlie Broyles, et al. The motion of respondents Charlie Broyles and Lisa Kay Colley for award of attorneys' fees and expenses is denied without prejudice to refiling in the United States Court of Appeals for the Fourth Circuit.

No. 89-7401. Paul A. Clarke, Petitioner v. West Virginia Board of

Regents, et al. The motion of petitioner to reinstate case on docket is denied. MONDAY. JUNE 28. 1991 869

No. 90-1124. Keith Jacobson, Petitioner v. United States. The mo- tion of Americans for Effective Law Enforcement, Inc., et al. for leave to file a brief as amici curiae is granted.

No. 90-1126. Barbara J. Norman, et al., Petitioners v. Dorothy

Reed, et al.; and

No. 90-1435. Cook County Officers Electoral Board, et al., Petition- ers v. Dorothy Reed, et al. The motion of petitioners Cook County Offi- cers Electoral Board, et al. to expedite oral argument is granted.

No. 90-6113. Randall D. White, Petitioner v. Illinois. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

Certiorari Granted

No. 90-1596. F. Dale Robertson, Chief, United States Forest Serv- ice, et al., Petitioners v. Seattle Audubon Society, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 90-7477. William Lewis Smith, Petitioner v. Wayne S. Barry, et al. Motion of petitioner for leave to proceed in forma pauperis and peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

Certiorari Denied

No. 89-6960. JeDonna Young, Petitioner v. Tekla Miller, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 89-7296. Esnoel Lopez-Pena and Hector Burgos, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 89-7539. Robert Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-293. Wherehouse Entertainment, Inc., et al., Petitioners v. McMahan & Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-341. David Rosenberg, et al, Petitioners v. City of Lorain, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, 9th District, Lorain County, denied. 870 MONDAY. JUNE 28. 1991

No. 90-513. John Musacchia, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-526. Marian W. Short, Petitioner v. Belleville Shoe Manufac- turing Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-625. Daniel Hoy, et al, Petitioners v. Robert Reed. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1122. Jerome Golochowicz, Petitioner v. Henry Grayson, Warden, Charles Egeler Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1247. City of Spokane and Peter G. Fortin, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1281. Barry Gleicher and Biopharmaceutics, Inc., Petitioners

v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1456. Frederic Gerson Levin, Petitioner v. Florida Bar. Peti- tion for writ of certiorari to the Supreme Court of Florida denied.

No. 90-1457. Marcia J. Littles, Petitioner v. Area Health Develop- ment Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1486. Todd Edward Long, et al., Petitioners v. Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 90-1502. Samuel I. Prather, Petitioner v. Dayton Power and Light Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1555. Margaret Danehy Maynard, Petitioner v. United States District Court for the Central District of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1594. Steven Lundblad, Petitioner v. Richard D. Celeste, Dorothy Shoemaker, William Napier and Donald Olson. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1595. Makah Indian Tribe, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. JUNE 26. 1991 871

No. 90-1607. Scott Manatt, Petitioner v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-1613. Lakeview Development Corporation, Petitioner v. City

of South Lake Tahoe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1619. Pinehurst Area Realty, Inc., Petitioner v. Village of Pinehurst. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 90-1683. Norman Hartness, et al., Petitioners v. George Her-

bert Walker Bush, President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 90-1694. Edward Lingerfelt, Petitioner v. Commercial Insur- ance Company of Newark, New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1699. Stephen Chi-Sen Li, Petitioner v. Gilbert R. Ruiz,

Judge, Municipal Court of East Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1700. Curtis L. Wrenn, Petitioner v. Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1701. Frank L. Bird, Trustee of the Frank L. Bird Profit

Sharing Trust, et al., Petitioners v. Shearson Lehman/American Ex- press, Inc. and Raymond R. Clements. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1705. Eli Mirzoeff, Petitioner v. Moti Namdar. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 90-1708. Benton Musslewhite, Petitioner v. State Bar of Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Four- teenth District, denied.

No. 90-1714. Regional Airline Pilot Association and James Bishop, T Petitioners v. Wings W est Airlines, Inc., dba American Eagle. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1717. Mary Louise Taylor, Petitioner v. James G. Carr, United States Magistrate for the Northern District of Ohio. Petition for 872 MONDAY. JUNE 28. 1991 writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1719. Gustave 0. Mattia, Petitioner v. Empire Blue Cross and Blue Shield, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1720. Grossmont Union High School District, Petitioner v. Thomas Davies. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1723. Jerome D. Brown, et al., Petitioners v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 90-1726. William Kuntz, III, Petitioner v. Shawmut Bank of Boston, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 90-1729. George Matuska, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 90-1735. Melvin L. Levinson, Petitioner v. Budd Foods, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 90-1737. Fulton County, Georgia, Petitioner v. S.J. Groves & Sons Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-1739. Fuqua Industries, Inc., et al., Petitioners v. Ruth F. Jandrucko. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 90-1750. Guardsmark, Inc., Petitioner v. Pinkerton's, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-1754. Charles Deeds, Petitioner v. Joe Johnson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-1758. Best Buy Warehouse, Petitioner v. Best Buy Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-1785. Ta-Chun Wang, aka Chun Wong, aka Chun T. Wang,

Petitioner v. Chun Wong, et al. Petition for writ of certiorari to the Ap- pellate Division, Supreme Court of New York, Second Judicial Depart- ment, denied.

No. 90-1810. James F. Hickey, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. MONDAY. JUNE 28. 1991 873

No. 90-1813. Merrill Dutridge and Lloyd Dutridge, Petitioners r. City of Toledo, Division of Building Inspection. Petition for writ of cer- tiorari to the Court of Appeals of Ohio, Lucas County, denied.

No. 90-1820. Miles Spear, Petitioner v. Rockwell International Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-1823. George C. Watson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-1847. Frank J. Camoscio, Petitioner v. Patty Ann Hodder, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 90-1867. Ambrose W. J. Clay, Petitioner v. Exchange Mutual Insurance Company. Petition for writ of certiorari to the Court of Ap- peals of Tennessee, Middle Division, denied.

No. 90-5181. John Whitney, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 90-5426. Terry Sawyers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-6221. Vinton Bedonie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-6337. Ervin Herman Flowers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-6488. Thomas E. Crosson, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Delaware County, denied.

No. 90-6539. Ira Marshall Goodwin, Jr., Petitioner v. James A. Col- lins, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-6607. Eugene Issac Pitts, Petitioner v. A. L. Lockhart, Di- rector, Arkansas Department of Correction. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7097. Alpha Omega Paitsel, Petitioner v. Lee Roy Black, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. 874 MONDAY. JUNE 28. 1991

No. 90-7109. Jesus John Hernandez, Petitioner v. Tom L. Wooten, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7131. Jake Castle, Petitioner v. Director, Office of Workers Compensation Programs. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7204. Michael Wayne Allen, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7264. Albert J. DeCanzio, Petitioner v. Michael J. Quinlan,

Director, Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7304. Alecia Miller, Petitioner v. Federal Bureau of Investi- gation. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-7365. Michael Dunham Murphy, Petitioner v. Kelly Mescher. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7393. Gary Wickham, Petitioner v. Michael Bowersox, Super- intendent, Ozark Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7397. Charles A. Grayer, Petitioner v. Steve W. Puckett, Su- perintendent, Mississippi State Penitentiary. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7408. Harry Bout, Petitioner v. People of Kent County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-7485. Adekundle Adefuye, Petitioner v. Peter N. Carlson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7662. Joseph L. Bumgarner, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7664. John D'Agnillo, Petitioner v. Department of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-7696. David Garfield Stewart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. JUNE 28. 1991 875

No. 90-7838. Mark J. Chicano, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 90-7869. Virginia D. Hatch, Petitioner v. United States Depart- ment of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 90-7912. Raebeca Herron Hite, Individually and as Trustee for

Michael Hite, aka Michael Heydt, Petitioner v. Board of Adjustments- Zoning for the City and County of Denver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7931. Thomas Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7932. Benjamin Stephens, Petitioner v. Charles Scully, Su- perintendent, Greenhaven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 90-7939. Zeldonia Reed, Petitioner v. Ft. Worth Independent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7951. Russell A. Muth, Jr., Petitioner v. Donald M. Carroll, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 90-7954. Richard Lee Baxter, Petitioner v. Richard H. Clark, Superintendent, Indiana State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7956. Robert Eugene Parker, Petitioner v. American Na- tional Red Cross. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-7957. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-7958. Bobby Savage, Petitioner v. Wayne Estelle, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 90-7959. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-7960. Vladimir Zatko, Petitioner v. C. D. Marshall. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 876 MONDAY. JUNE 28. 1991

No. 90-7962. Anthony Veneri, Petitioner v. Thomas Fulcomer, Dep- uty Commissioner, Western Region, Pennsylvania Department of Cor- rections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7964. Placido Laboy, Jr., Petitioner v. Michael Kelly, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-7968. Terry Ricketts, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-7969. Harry Addison Wolfenbarger, Jr., Petitioner v. Kansas Department of Social and Rehabilitation Services. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-7974. Junne Kyoo Koh, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-7978. Paul B. Owens, Petitioner v. Fred W. Jacobs, Chair- man, Pennsylvania Board of Probation and Parole. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-7984. Robert Wightman, Petitioner v. Dan Morales, Attor- ney General of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7985. Robert Twyman, Petitioner v. Steven Giddens. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied.

No. 90-7990. Philip R. Anderson, Petitioner v. Cynthia Lehr, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8013. Billy J. Edgemon, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8015. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 90-8024. Dwayne R. Jost, Petitioner v. Oregon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-8029. Terry W. Porter, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY. JUNE 28. 1991 877

No. 90-8030. Tommie Z. Johnson, Petitioner v. Longview Independ-

ent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8043. Paul M. Humphrey, Petitioner v. Arthur M. Tate, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 90-8045. John Gray, Petitioner v. James DeAnda, Judge, United

States District Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8047. Theodore G. Cook, Petitioner v. Board of Education of the Memphis City Schools, et al. Petition for writ of certiorari to the Court of Appeals of Tennessee, Western Division, denied.

No. 90-8048. Calvin Fuhrman, Petitioner v. City of Dayton. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied.

No. 90-8056. Ronald Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 90-8062. George M. Anderson, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 90-8088. Mark Foster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-8097. Winston Michael Adams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-8099. Gary Alan Coleman, Petitioner v. Orville Pung, Com- missioner, Minnesota, Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8105. Robert Louis Mason, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8131. Nobalene Winston, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-8132. Leslie Lee Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 878 MONDAY. JUNE 28. 1991

No. 90-8137. Robert B. Bozeman, Petitioner v. U.S. Parole Commis- sion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8140. Jose Luis Figueroa, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-8142. Ricardo Borroto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8148. Alonzo Whitten, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-8151. James Wilson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 90-8155. Christopher Terlecky, Petitioner i». United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8156. Carl D. Terpak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-8159. Robert Lee Price, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 90-8162. Bob Bandali, Petitioner v. Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 90-8167. Scott Little, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 90-8168. Angel Micolta-Bravo, aka Jorge Lozano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8172. Glen Lendale Jarrett, et al, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-8182. Roy Lee Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY. JUNE 28. 1991 879

No. 90-8191. Michael Allen Malbrough, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8194. Felix Izquierdo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 90-8198. Darryl Graham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 90-8200. Jose C. Cardona-Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8208. Alfonso Avila-Cruz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-8211. German de la Cruz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 90-8212. Ivra Sutter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 90-8221. Victor Lynn Hunter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8225. Ralph Nunez, Petitioner v. Joseph Costello, Superin- tendent, Mid-State Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 90-8227. Juan Manuel Laurelez, Petitioner y. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 90-8230. Festus Syder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-8231. Allen Smith (House), Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 90-8233. Pedro Bonilla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 880 MONDAY. JUNE 28. 1991

No. 89-7679. James Russell, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Marshall.

No. 90-5512. Jerry Haliburton, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Marshall.

No. 90-5726. Vernon Kills On Top, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied. Dissent- ing statement by Justice Marshall.

No. 90-6029. John B. Freeman, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Marshall.

No. 90-6758. Walter LaGrand, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, Pima County, de- nied. Dissenting statement by Justice Marshall.

No. 90-6819. David Leon Woods, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Marshall.

No. 90-6939. Federico Paz, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. Dissenting statement by Justice Marshall.

No. 90-7018. Karl Hinze LaGrand, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, Pima County, de- nied. Dissenting statement by Justice Marshall.

No. 90-7067. Milton V. Griffin, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall.

No. 90-7449. James Floyd, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting state- ment by Justice Marshall. No. 90-7499. Alton Coleman, Petitioner n Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting state- ment by Justice Marshall.

No. 90-7557. David Wayne DeBlanc, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-7560. Karl Hammond, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissent- ing statement by Justice Marshall. MONDAY. JUNE 28. 1991 881

No. 90-7570. Alvin Urial Goodwin, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Marshall.

No. 90-7756. Joseph Ernest Atkins, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Marshall.

No. 90-7830. Michael Miller, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting state- ment by Justice Marshall.

No. 90-7871. Norman Lee Newsted, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Marshall.

No. 90-7905. Reginald L. Powell, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Marshall.

No. 90-7916. Robert James Tennard, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-7973. Lawrence Francis Lewis, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Dis- senting statement by Justice Marshall.

No. 90-8023. Eddie James Johnson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Marshall.

No. 90-8093. Johnny James, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Marshall.

No. 90-817. Michigan, Petitioner v. Elton Nash. The motion of re- spondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 90-1370. Tom Rolfs, Superintendent, Twin Rivers Corrections

Center, Petitioner v. Louis Eugene Russell. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 90-1730. Wayne Snow, Jr., Chairman, Georgia State Board of

Pardons and Paroles, Petitioner v. C. T. Akins and Jay M. Fate. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 882 MONDAY. JUNE 28. 1991

No. 90-891. Charles White, et al., Petitioners v. Raymond S. Daniel, et al. The motion of Lawyers' Committee for Civil Rights Under Law for leave to file a brief as amicus curiae is granted. The motion of peti- tioners to defer consideration of the petition for a writ of certiorari is denied. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 90-1458. Williams Companies, Inc., et al., Petitioners v. Direc- tor of Revenue of Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice White would grant certiorari.

No. 90-1461. Mary H. Carter, Tahnella Jackson and Lemore Allen,

Petitioners v. South Central Bell. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 90-1697. Joseph F. Cada, Petitioner v. Baxter Healthcare Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 90-1503. John G. Ordway, Jr., et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 90-1743. National Advertising Company, Petitioner v. Village of Downers Grove, Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 90-1671. Stella Hull, Petitioner v. Jerry Shuck, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dissenting opinion by Justice White with whom Justice Marshall joins.

No. 90-1749. Trailer Marine Transport Corporation, Petitioner v. Zapata Gulf Marine Corporation. The motion of petitioner to strike re- spondent's supplemental brief is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 90-7928. Ralph Cecil Feltrop, Petitioner v. Missouri. The peti- tion for a writ of certiorari to the Supreme Court of Missouri is denied. Dissenting opinion by Justice Marshall. MONDAY. JUNE 28. 1991 883 Habeas Corpus Denied

No. 90-8229. In Re Paul Leroy Robinson, Petitioner. The petition for writ of habeas corpus is denied. Mandamus Denied

No. 90-7975. In Re Tyrone Hiawatha Lee, Petitioner. The petition for writ of mandamus is denied. Rehearings Denied

No. 90-96. Frederick A. Siegert, Petitioner v. H. Melvyn Gilley; No. 90-1320. Robert Craig, Frank P. North, Jr., Estate of Jack E.

Walker and Peter V. Pappas, Petitioners v. United States;

No. 90-1496. Donald Steeg, et ux., Petitioners v. City of Dearborn

Heights, Michigan, et al.;

No. 90-7340. John S. Nichols, Jr., Petitioner v. Illinois Department of Public Health, et al;

No. 90-7344. Ronald Turney Williams, Petitioner v. Arizona;

No. 90-7418. Adolph Delbridge and Jill Delbridge, Petitioners v. New Jersey Division of Youth and Family Services; No. 90-7447. In Re Ronnie Lee Alston, Petitioner;

No. 90-7490. James Edward Bridges, Petitioner v. Deborah Jane Spiller-Bridges;

No. 90-7525. Robin Kenneth Vinik, Petitioner v. Middlesex County

Probation Department, et al.; No. 90-7534. In Re Otto Preuss, Petitioner;

No. 90-7565. Henry L. McCone, Petitioner v. Sagebrush Properties,

Inc., etc., et al.;

No. 90-7595. Joseph Reese, Petitioner v. Norm Hill, Warden;

No. 90-7598. Ali T. Agha, Petitioner v. Secretary of the Army;

No. 90-7648. Ronald Lee Morrison, Petitioner v. W. Osborne Lee,

Jr.. et al.;

No. 90-7700. Kathryn S. Martin, Petitioner v. United States Postal Service; and

No. 90-7734. Joseph Curiale. Petitioner v. Alaska. The petitions for rehearing are denied.

No. 90-7503. Clara H. Szoke, Petitioner v. Minnesota Mining and Manufacturing Company, Inc. The petition for rehearing is denied. Jus- tice Blackmun took no part in the consideration or decision of this petition.

(JOURNAL) SUNDAY. JUNE 30. 1991 885 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-4. Frank X. Hopkins, Warden, et al., Applicants v. Harold L. Otey. The application for an order to vacate the temporary stay of exe- cution of sentence of death entered by the United States Court of Ap- peals for the Eighth Circuit presented to Justice Blackmun and by him referred to the Court is denied. Justice Scalia took no part in the con- sideration or decision of this application.

(JOURNAL) MONDAY. JULY 1. 1991 887 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-4. Frank X. Hopkins, Warden, et al., Applicants v. Harold L. Otey. The motion for reconsideration of the order of June 30, 1991, is denied.

(JOURNAL) SUNDAY. JULY 21. 1991 889 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 91-5193. Andrew Lee Jones, Petitioner v. John Whitley, War- den. The application for stay of execution of sentence of death pre- sented to Justice Scalia and by him referred to the Court is denied. The petition for writ of certiorari to the Supreme Court of Louisiana is de- nied. Dissenting statement by Justice Marshall.

r No. 91-5194. Andrew Lee Jones, Petitioner v. John W hitley, War- den. The application for stay of execution of sentence of death pre- sented to Justice Scalia and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Dissenting statement by Justice Marshall. Justice Blackmun and Justice Stevens would grant the application for stay of execution.

i.JOrKXALi WEDNESDAY. JULY 24. 1991 891 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor. Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. 90-1913. Yellow Freight System, Inc., Petitioner r. National Labor Relations Board. The application for stay addressed to the Chief Justice and referred to the Court is denied.

(JOURNAL) FRIDAY. AUGUST 2. 1991 893 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Orders in Pending Cases

No. A-68. Shoreham-Wading River Central School District, et al.,

Applicants v. Nuclear Regulatory Commission, et al. The application for stay addressed to Justice Stevens and referred to the Court is denied.

No. A- 86. Vivian Smerdon, et al., Applicants v. Barbara Smerdon, etc., et al. The application for stay addressed to Justice Scalia and re- ferred to the Court is denied. No. D-982. In the Matter of Disbarment of Alfonso Nathaniel Pear- son. Disbarment order entered.

No. D-985. In the Matter of Disbarment of Michael J. Rogers. Dis- barment order entered. No. D-988. In the Matter of Disbarment of Loretta B. Anderson. Disbarment order entered. No. D-991. In the Matter of Disbarment of Edward C. LeLouis. Disbarment order entered. No. D-992. In the Matter of Disbarment of Dennis D. Crowley. Disbarment order entered. No. D-998. In the Matter of Disbarment of Jerome A. Susskind. Disbarment order entered. No. D-999. In the Matter of Disbarment of Carlo Bradley Coleman. Disbarment order entered. No. D-1000. In the Matter of Disbarment of Louis B. Youmans. Disbarment order entered. No. D-1002. In the Matter of Disbarment of Dan McCall Brazil. Disbarment order entered.

No. D-1003. In the Matter of Disbarment of Dairy 1 Glenn Campbell. Disbarment order entered. No. D-1015. In the Matter of Disbarment of Robert B. Burke. Dis- barment order entered. No. D-1022. In the Matter of Disbarment of Stanley Bernard

Gelman. It is ordered that Stanley Bernard Gelman, of Jacksonville, Florida, be suspended from the practice of law in this Court and that a 894 FRIDAY. AUGUST 2. 1991 rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1023. In the Matter of Disbarment of Harold V. Matney, Jr. It is ordered that Harold V. Matney, Jr., of Gardner, Kansas, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-1024. In the Matter of Disbarment of John Joseph Moor- cones. It is ordered that John Joseph Moorcones, of Sterling, Virginia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1025. In the Matter of Disbarment of Harry Boxer. It is or- dered that Harry Boxer, of Lomita, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-1026. In the Matter of Disbarment of Dennis William Gal- lagher. It is ordered that Dennis William Gallagher, of New Rochelle, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1027. In the Matter of Disbarment of Burt H. Sagen. It is ordered that Burt H. Sagen, of Parma, Ohio, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-1028. In the Matter of Disbarment of John Anthony Weber,

Jr. It is ordered that John Anthony Weber, Jr., of Westwood, Massa- chusetts, be suspended from the practice of law7 in this Court and that a rule issue, returnable within forty days, requiring him to show7 cause w7hy he should not be disbarred from the practice of law7 in this Court. Rehearings Denied

No. 90-256. G. Russell Chambers, Petitioner v. NASCO, Inc.;

7 No. 90-1272. Truman E. Bullard, Petitioner v. Edw ard R. Madigan, Secretary of Agriculture;

No. 90-1534. Gill Hollingsworth, Petitioner v. Texas, et aL;

No. 90-1605. Lih Y. Young, Petitioner v. Louis W. Sullivan, Secre- tary of Health and Human Services; FRIDAY. AUGUST 2. 1991 895

No. 90-5193. Dawud Majid Mu'Min, Petitioner v. Virginia;

No. 90-6633. Edgar Hope, Jr., Petitioner v. Illinois;

No. 90-7259. Ronald Lee Sanders, Petitioner v. California;

No. 90-7284. Olivia Chambers, Petitioner v. Prudential Insurance Company of America;

No. 90-7435. James Lee Spencer, Petitioner v. Georgia;

No. 90-7469. Donald H. Gaskins, Petitioner v. Kenneth D. Mc-

Kellar, Warden, South Carolina Department of Corrections, et al.;

No. 90-7539. Willie Horton, Petitioner v. United States;

No. 90-7558. Mark C. Thomas, Petitioner v. Nebraska;

No. 90-7609. George Busch, Petitioner v. Glen R. Jeffes, et al.;

No. 90-7612. Charles Farrell, Petitioner v. R. O'Bannon, et al.;

No. 90-7697. Louis Watson, Petitioner v. Steve Puckett, Superin- tendent, Mississippi State Penitentiary;

No. 90-7726. Donald Hendricks, Petitioner v. Department of the Treasury;

No. 90-7741. Randy Powell, Petitioner v. Tyrone Roberts, et al.;

T No. 90-7745. Charles Edward W hitt, Petitioner v. California;

No. 90-7754. John B. Dempsey, Petitioner v. Vanna White;

No. 90-7770. Theodore Francis Frank, Petitioner v. California;

No. 90-7783. James Austin and Lori Austin, Petitioners v. Washing- ton, et al.;

No. 90-7786. Marvin D. Castor, Petitioner v. Dick Clark, Warden, et al.;

No. 90-7813. Marvin Lewis Jones, Petitioner v. Eastman Kodak Company;

No. 90-7886. Cecil Shows, Petitioner v. NCNB National Bank of North Carolina, et al.;

No. 90-7956. Robert Eugene Parker, Petitioner v. American Na- tional Red Cross;

No. 90-7979. John P. Moscony, Petitioner v. United States; and

No. 90-8068. Barry Joe Smith, Petitioner r. United States. The petitions for rehearing are denied.

No. 90-1119. Roland A. LeBlanc, Petitioner v. United States; and

No. 90-7825. William Floyd Windle, Petitioner v. Maryland. The motions for leave to file petitions for rehearing are denied. 896 FRIDAY. AUGUST 2. 1991

No. 90-5744. Richard L. Chapman, John M. Schoenecker and Pat- rick Brumm, Petitioners v. United States. The petition for rehearing is denied. The petition of respondent Marshall for rehearing is denied. (JOURNAL) TUESDAY. AUGUST 20. 1991 897 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-116. Hollis Watkins, et al., Applicants v. Ray Mabus, Gover- nor of Mississippi, et al. The application for injunction and stay pending appeal presented to Justice Scalia and by him referred to the Court is denied. Justice Marshall and Justice Blackmun would grant the applica- tion for injunction and stay.

(JOURNAL) THURSDAY. AUGUST 22. 1991 899 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Orders in Pending Cases

No. A-140. Maurice 0. Byrd, Applicant v. Paul Delo, Superintend- ent, Potosi Correctional Center. The application for stay of execution of sentence of death presented to Justice Blackmun and by him referred to the Court is denied. Dissenting statement by Justice Marshall.

No. A-143. Derick L. Peterson, Applicant v. Edward W. Murray, Director, Virginia Department of Corrections. The application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court is denied. Dissenting statement by Justice Marshall. Justice Blackmun and Justice Stevens would grant the appli- cation for stay of execution.

(JOURNAL) THURSDAY. SEPTEMBER 5, 1991 901 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 91-5685. Donald Henry Gaskins, Petitioner v. Parker Evatt,

Commissioner, South Carolina Department of Corrections, et al. The application for stay of execution of sentence of death presented to the

Chief Justice and by him referred to the Court is denied. The petition for writ of certiorari to the Supreme Court of South Carolina is denied. Dissenting statement by Justice Marshall.

No. 91-5688. Donald Henry Gaskins, Petitioner v. Parker Evatt, Commissioner, South Carolina Department of Corrections. The appli- cation for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit is denied. Dissenting statement by Justice Marshall.

(JOURNAL) TUESDAY. SEPTEMBER 10. 1991 903 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-165. United States Department of Commerce, Applicant v.

Assembly of the State of California, et al. The application for stay pre- sented to Justice O'Connor and by her referred to the Court is granted and it is ordered that the order of the United States District Court for the Eastern District of California, case No. Civ. S-91-0990-WBS, filed August 20, 1991, be and the same is hereby stayed pending final dispo- sition of the appeal of that order by the United States Court of Appeals for the Ninth Circuit. Justice Marshall, Justice Blackmun, and Justice Stevens would deny the application for stay.

(JOURNAL) FRIDAY, SEPTEMBER 13. 1991 905 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Orders in Pending Cases

No. A-83. Matthew T. Clarke, Applicant v. Texas. The application for stay of mandate addressed to Justice Stevens and referred to the Court is denied.

No. A-85. Lee H. Rice and Goldie E. Rice, Applicants v. United States. The application for stay of mandate, injunction and restraining order addressed to Justice Souter and referred to the Court is denied. No. D-989. In the Matter of Disbarment of William C. Mach. Dis- barment order entered. No. D-994. In the Matter of Disbarment of John Stephen Crosley. Disbarment order entered. No. D-995. In the Matter of Disbarment of James Russell Tucker. Disbarment order entered. No. D-1001. In the Matter of Disbarment of Joseph A. Tracy. Dis- barment order entered. No. D-1004. In the Matter of Disbarment of Robert E. L. Looney. Disbarment order entered. No. D-1007. In the Matter of Disbarment of Robert Rivers. Disbar- ment order entered. No. D-1008. In the Matter of Disbarment of Robert P. Tobias. Dis- barment order entered. No. D-1009. In the Matter of Disbarment of Gary B. Franklin. Dis- barment order entered. No. D-1011. In the Matter of Disbarment of Beverly Kay Thomp- son. Disbarment order entered. No. D-1012. In the Matter of Disbarment of Thomas James Lukas. Disbarment order entered. No. D-1013, In the Matter of Disbarment of Michael Albert Miller. Disbarment order entered. No. D-1014. In the Matter of Disbarment of R. Jerry Bennett. Dis- barment order entered. No. D-1016. In the Matter of Disbarment of Harold M. Gamer. Dis- barment order entered. 906 FRIDAY. SEPTEMBER 13. 1991

No. D-1017. In the Matter of Disbarment of Anthony S. Caronna. Disbarment order entered.

No. D-1018. In the Matter of Disbarment of John J. Hayden. Dis- barment order entered. No. D-1021. In the Matter of Disbarment of Anthony William Duva. Disbarment order entered.

No. D-1029. In the Matter of Disbarment of Melvyn Kessler. It is ordered that Melvyn Kessler, of Miami, Florida, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1030. In the Matter of Disbarment of Jeffrey M. Guller. It is ordered that Jeffrey M. Guller, of Gastonia, North Carolina, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1031. In the Matter of Disbarment of E. Gene Wade. It is ordered that E. Gene Wade, of Mesa, Arizona, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1032. In the Matter of Disbarment of Marvin A. Brill. It is ordered that Marvin A. Brill, of Providence, Rhode Island, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-1033. In the Matter of Disbarment of Gerald Rockwood Rob- bins. It is ordered that Gerald Rockwood Robbins, of Arlington, Vir- ginia, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1034. In the Matter of Disbarment of Eugene Ostrowe. It is ordered that Eugene Ostrowe, of Walled Lake, Michigan, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1035. In the Matter of Disbarment of Harold V. Marcus. It is ordered that Harold V. Marcus, of Brooklyn, New York, be sus- pended from the practice of law in this Court and that a rule issue, re- FRIDAY, SEPTEMBER 13. 1991 907 turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1036. In the Matter of Disbarment of Harold L. Goerlich. It is ordered that Harold L. Goerlich, of Jericho, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1037. In the Matter of Disbarment of Fred M. Dellorfano, Jr.

It is ordered that Fred M. Dellorfano, Jr., of Cohasset, Massachusetts, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-1038. In the Matter of Disbarment of Frank J. Nolan. It is ordered that Frank J. Nolan, of Garden City, New York, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 118, Original. United States, Plaintiff v. State of Alaska. The motion of Alaska for modification of briefing schedule set by order of

Court on June 28, 1991, is granted and it is ordered that briefs in sup- port of cross motions for summary judgment may be filed within forty- five days of September 6, 1991, with reply briefs, if any, to be filed within thirty days of the filing of the opening briefs.

No. 90-408. County of Yakima, et al., Petitioners v. Confederated Tribes and Bands of the Yakima Indian Nation; No. 90-577. Confederated Tribes and Bands of the Yakima Indian

Nation, Petitioner v. County of Yakima and Dale A. Gray, Yakima County Treasurer;

No. 90-711. Lawrence C. Presley, etc., Appellant v. Etowah

County Commission, et al.;

No. 90-712. Ed Peter Mack and Nathaniel Gosha, III, etc., Appel- lants v. Russell County Commission, et al.; and

No. 90-741. Aletha Dewsnup, Petitioner v. Louis L. Timm, et al. The motions of the Solicitor General for leave to participate in oral ar- gument as amicus curiae and for divided argument are granted. No. 90-913. Board of Governors of the Federal Reserve System of the United States, Petitioner v. MCorp Financial, Inc., et al.; and

No. 90-914. MCorp, et al., Petitioners v. Board of Governors of the Federal Reserve System of the United States. The motion of respond- 908 FRIDAY. SEPTEMBER 13. 1991 ents and cross-petitioners MCorp, et al. for divided argument is denied.

No. 90-1126. Barbara J. Norman, et al., Petitioners v. Dorothy Reed, et al.; and

No. 90-1435. Cook County Officers Electoral Board, et al. Petition- ers v. Dorothy Reed, et al. The motion of petitioners Cook County Of- ficers Electoral Board, et al. for divided argument is granted to be di- vided as follows: petitioners Barbara Norman, et al. - 15 minutes; petitioners Cook County Officers Electoral Board, et al. - 15 minutes; respondents Dorothy Reed, et al. - 30 minutes.

No. 90-1156. New Orleans Public Service Inc., Petitioner v. Council of the City of New Orleans, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for di- vided argument is granted. The motion of respondent Alliance for Af- fordable Energy, Inc. for divided argument and for additional time for oral argument is denied.

No. 90-1205. United States, Petitioner v. Ray Mabus, Governor of

Mississipppi, et al.; and

No. 90-6588. Jake Ayers, et al., Petitioners v. Ray Mabus, Gover- nor of Mississippi, et al. The motion of Alcorn State University Na- tional Alumni Association for leave to file a brief as amicus curiae is granted. The motion of Joseph Califano, Jr., et al. for leave to file a brief as amici curiae is granted. The motion of Jackson State Univer- sity for leave to file a brief as amicus curiae is granted. The motion of the Solicitor General for divided argument is granted. The motion of petitioners Jake Ayers, Jr., et al. for divided argument and for addi- tional time for oral argument is denied.

No. 90-1390. General Motors Corporation, et al. Petitioners v.

Evert Romein, et al. The motion of the Attorney General of Michigan for divided argument is denied.

No. 90-1577. United States, Petitioner v. R. L. C. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

Rehearings Denied

No. 109, Original. States of Oklahoma and Texas, Plaintiffs v. State of New Mexico;

No. 89-7662. Roger Keith Coleman, Petitioner v. Charles E. Thompson, Warden; FRIDAY. SEPTEMBER 13. 1991 909

No. 89-7679. James Russell, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice. Institutional Division; No. 90-333. Lampf, Pleva, Lipkind, Prupis & Petigrow, Petitioner

v. John Gilbertson, et al.;

No. 90-1700. Curtis L. Wrenn, Petitioner v. Ohio, et al;

No. 90-5551. Edward Harold Schad, Jr., Petitioner v. Arizona;

No. 90-5721. Penis Tyrone Payne, Petitioner v. Tennessee;

No. 90-5917. Stephen Newman, Petitioner v. United States;

No. 90-6799. James Edward Wagner, Petitioner v. W. Seely, et al.;

No. 90-7018. Karl Hinze LaGrand, Petitioner v. Arizona;

No. 90-7200. Jose Bias de la Cerda, Petitioner v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division;

No. 90-7304. Alecia Miller, Petitioner v. Federal Bureau of Investigation;

No. 90-7452. Ronald Lee Morrison, Petitioner v. Joseph Brooks, Superintendent, Robeson Correctional Center;

No. 90-7583. Robert Ziegler, Petitioner v. Ron Champion, Warden, et al.;

No. 90-7636. Michael Meehan, Petitioner v. Metro Nashville Police

Department, et al.;

No. 90-7641. L. Lea Nabkey, Petitioner v. United States;

No. 90-7717. Henry Sanders, Petitioner v. District of Columbia, et al.;

No. 90-7927. Darlene Schmidt, Petitioner v. Utah, et al; and

No. 90-7969. Harry Addison Wolfenbarger, Jr., Petitioner v. Kan- sas Department of Social and Rehabilitation Services. The petitions for rehearing are denied.

No. 90-1503. John G. Ordway, Jr., et ux., Petitioners v. United States. The motion of petitioners to defer consideration of petition for rehearing is denied. The petition for rehearing is denied. Justice Blackmun took no part in the consideration or decision of this motion and this petition.

(JOURNAL) WEDNESDAY. SEPTEMBER 18. 1991 911 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 91-5845. James Russell, Petitioner v. James A. Collins, Direc- tor, Texas Department of Criminal Justice, Institutional Division. The application for stay of execution of sentence of death presented to Jus- tice Scalia and by him referred to the Court is denied. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Dissenting statement by Justice Marshall.

(JOURNAL) THURSDAY. SEPTEMBER 19. 1991 913 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist. Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-184. Janice G. Clark, et al, Applicants v. Charles "Buddy"

Roemer, Governor of Louisiana, et al. The application to vacate the stay entered by the United States Court of Appeals for the Fifth Cir- cuit presented to Justice Scalia and by him referred to the Court is de- nied. Justice Marshall and Justice Blackmun would grant the applica- tion to vacate the stay.

(JOURNAL) FRIDAY. SEPTEMBER 20. 1991 915 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Orders in Pending Cases

No. A-76. Jeffrey Cristina, Applicant v. Erkind DeRamus. The application for a certificate of probable cause to appeal addressed to

Justice Stevens and referred to the Court is denied.

No. A-119. Laura Saukstelis, et al., Applicants v. City of Chicago. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

No. A-206. Republican Party of Virginia, et al. Applicants v. Doug- , las Wilder, Governor of Virginia, et al. The application for an injunction addressed to Justice Stevens and referred to the Court is denied.

No. D-1039. In the Matter of Disbarment of L. Wayne Townsend. It is ordered that L. Wayne Townsend, of Richmond, Virginia, be sus- pended from the practice of law in this Court and that a rule issue, re- turnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 90-711. Lawrence C. Presley, etc., Appellant v. Etowah

County Commission, et al.; and No. 90-712. Ed Peter Mack and Nathaniel Gosha, III, etc., Appel- lants v. Russell County Commission, et al. The motion of NAACP Legal Defense and Educational Fund for leave to file a brief as amicus curiae is granted. The motion of appellee Etowah County Commission for divided argument is denied. The motion of appellee Russell County

Commission for divided argument is denied.

No. 90-1029. Eastman Kodak Company, Petitioner v. Image Tech- nical Services, Inc., et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment is granted.

No. 90-14SS. Sue Suter, et al.. Petitioners v. Artist M., et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 90-6531. Keith J. Hudson, Petitioner v. Jack McMillian, et al. The motion of the Solicitor General for leave to participate in oral argu- ment as amicus curiae and for divided argument is granted. 916 FRIDAY. SEPTEMBER 20. 1991

No. 90-1205. United States, Petitioner v. Ray Mabus, Governor of

Mississippi, et al.; and

No. 90-6588. Jake Avers, et al., Petitioners v. Ray Mabus, Gover-

nor of Mississippi, et al. The motion of National Bar Association, et al. for leave to file a brief as amicus curiae is granted. The motion of

NAACP Legal Defense and Educational Fund, et al. for leave to file a brief as amici curiae is granted.

No. 90-1361. Holywell Corporation, et al.. Petitioners v. Fred Stan- ton Smith, etc., et al; and

No. 90-1484. United States, Petitioner v. Fred Stanton Smith, et al.

The motion of petitioners for divided argument is denied. The motion of respondents for divided argument is denied.

No. 90-1491. Union Bank, Petitioner v. Herbert Wolas, Chapter 7 Trustee for the Estate of ZZZZ Best Co., Inc. The motion of American

Bankers Association for leave to file a brief as amicus curiae is granted.

PREHEARINGS DENIED

No. 90-1479. Elaine E. Grover, Petitioner v. William Rocheleau,

Jr., et al.;

No. 90-1703. Eugenie Parnar, Petitioner v. Green, Ning, Lilly & Jones;

No. 90-7109. Jesus John Hernandez, Petitioner v. Tom L. Wooten, Warden, et al.;

No. 90-7210. Carlos Eduardo Fernandez, Petitioner v. United States;

No. 90-7442. Marie-Therese H. Assa'ad-Faltas, Petitioner v. Eliza-

beth Armstrong, et al.;

No. 90-7755. Ricky Ray Rector, Petitioner v. Winston Bryant, At- torney General of Arkansas, et al.;

No. 90-7782. William Parke, Petitioner v. United States Postal Service;

No. 90-7811. Andrew J. McGrew, Petitioner v. Florida;

No. 90-7824. Willie Smith, Petitioner v. D. V. McKaskle, et al.;

No. 90-7835. Chez M. McGarry, Petitioner v. Internal Revenue

Service, et al.;

No. 90-7872. Terry Matthews, aka Eddie Brown, Petitioner v. Sam-

uel Jolly, et al.; FRIDAY. SEPTEMBER 20. 1991 917

No. 90-7939. Zeldonia Reed, Petitioner r. Ft. Worth Independent

School District, et al.;

No. 90-7944. Leroy Pletten, Petitioner v. John 0. Marsh, Secretary of the Army, et al.;

No. 90-7962. Anthony Veneri, Petitioner v. Thomas Fulcomer, Dep- uty Commissioner, Western Region, Pennsylvania Department of Cor- rections, et al;

No. 90-7990. Philip R. Anderson, Petitioner v. Cynthia Lehr, et al;

No. 90-8024. Dwayne R. Jost, Petitioner v. Oregon, et al.;

No. 90-8043. Paul M. Humphrey, Petitioner v. Arthur M. Tate, Warden;

No. 90-8058. James Carney, Petitioner v. Department of Veterans Affairs;

No. 90-8142. Ricardo Borroto, Petitioner v. United States; and

No. 90-8225. Ralph Nunez, Petitioner v. Joseph Costello, Superin- tendent, Mid-State Correctional Facility. The petitions for rehearing are denied.

No. 90-8030. Tommie Z. Johnson, Petitioner v. Longview Independ- ent School District, et al. The motion for leave to file a petition for re- hearing is denied.

Admissions to the Bar on Written Motions

July 12, 1991

Applicant City and State Movant Mason Gardner Alexander Columbia, SC David W. Jr. Robinson II Richard Lewis Allen Miami, FL Milton J. Wallace Scott M. Anderson Dallas, TX Edgar Adams Mason Michael Steven Anderson Madison, WI Frank J. Bucaida James Edward Arnold Columbus, OH James Edgar Phillips Patrick Blaine Augustine Denver, CO Richard Michael Driscoll David Fletcher Ballew Falmouth, ME Paul R. Sugarman Janet Gaard Bangle Sacramento, CA Arnold O'Neill Overoye Peter H. Barber Miami, FL Marcia K. Cypen 918 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Benjamin Franklin Barcus Tacoma, WA Paul Alexander Lindenmuth Michael Joseph Barrows Boston, MA Frederick T. McCarthy Barry Baskin Walnut Creek, CA Robert M. Bramson Roger L. Bates Birmingham, AL Robert Charles Barnett Leo Alan Battle Paradise, CA Ronald Edward Stewart

r Don Ray Beard Baton Rouge, LA Frederick W . Ellis Alan R. Bell Fort Lee, NJ Larry S. Raiken Jeffrey A. Bell Little Rock, AR Tim Humphries Glenn Dean Bellamy Seattle, WA Delbert J. Barnard Harold Stephen Berezin Orlando, FL Sidney Berezin Leo James Berggreen Baton Rouge, LA Woodrow W. Wyatt Kenneth R. Berman Boston, MA James D. St. Clair Donald Robert Black Jr. Nashville, TN Robert Larry Estes Robert L. Blackstock Walnut Creek, CA Ralph B. Hoyt Philip W. Bledsoe Kansas City, MO R. Lawrence Ward James Norman Bond Kansas City, MO David Charles Larson Judith Lynn Borman West Caldwell, James K. Smith, NJ Jr. Mark F. Borns Madison, WI Richard B. Jacobson Ruth Naomi Bortzfield Boxford, MA Ronald Brenner Horvitz Cynthia Grant Bowman Chicago, IL Thomas F. Geraghty Victor Radulescu New York, NY David Edelman Brancoveanu Karen Schultz Breda Boston, MA Gordon T. Carey, FRIDAY. SEPTEMBER 20. 1991 919

Applicant City and State Movant

William Post Brooks Beverlv Hills CA D Smith

Sam H. Buchanan Jr. Hattiesburp" MS A li son Stpinpr

1 Qtpvpn T-Tpv^Vipv Brent Preston Burford ±Fort\J1 L Wortht T Ul L 1 <, TXJ. xx Swander Maureen Brigid Callahan Salem OR Susan L Smith

Brita Haughland Cantrell Oklahoma Oitv Sandrakjciiivixci Diannpxyictiiiicr OK Howard J. Jay Caraway Shrevenort LA J Kd^erton Pierso, Jr. David A. Carpenter Tulsa OK .Tamps A T-Tocnip Sr.

Heidi Fisher Carter T.anPastPr PA O.TosptiViUoCkJIl O.harlpsV_y 11CX1 ICS Ma dpnsna oh pr

Mark W. Catanzaro iTxiv^iiciCilVTiphapl ijF.Hwavrlu > v ai u Rilev

Walker Lawrence Chandler Zphulon OA O.TohnUllll XV11_11&1PipharHKJi

liLMartinCXI till

Steven L. Clack AnHrpws TX XVdTCathlppnLlllvTCTll

McCollumITxL V> V/ll Hill

McCullochITlV till 11

William C. Clark Hilton Head BarrvX_J Cil X V LamarJLJCllllCil Island, SC Johnson

x^l J. Howardvv ^.i Rincr Elizabeth Ryniker Clifford llUV^llCo LCI < iiu ai xwiiifc^ Rplin Bert W. Cohen Mariptta OA .Tospnh T .Tnstipp Joel W. Collins Jr. Columbia SC Stpnhpn Oporcp Morrison

Brian Patrick Conry PortlandX, KJX LlclllVl, ORvlt Andrew Neal Bates

V_yl_/lvJI dlxv-/ k_J 1 1 1 Li, Lpbhpns Craig Morrison Cornish Ul o , M

CO v_yCornishv_/i incvii, tlxJr • Richard T. Cozzola Ohipaor) TTi Patrick Thomas IVTnrnh v .Tohn Michael Wilson Cramer Houston TX tJ Willi iA1 > Mnrrav1TX HI lav Jr. William F. Dewey Anchorage, AK James Harrold McComas Tanva Sue Dohoney Hillsboro, TX Robert George Dohoney 920 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

T Norman W. Donker Midland, MI W illiam Tyrone Gillespie Douglas M. Dowell Sr. Louisville, KY Celia Muller Dunlap Mark Wayne Dundee La Canada, CA Robert E. Goldstein Janet L. Dunn Baton Rouge, LA Luke A. LaVergne Keith Richard Dutill Philadelphia, PA C. Clark Hodgson, Jr. Ann McNellis Elmore Decatur, GA Gerald N. Blaney, Jr. Richard A. Epstein Chicago, IL Michael W. McConnell Hector Cocio Estrada Tucson, AZ Randolfo Valenzuela Lopez Joseph Kevin Etling Terre Haute, IN William Gelder Smock James D. Albany, NY Matthew David Featherstonhaugh Babcock Dale W. Felton Houston, TX Lester L. Hewitt Paul Joseph Fina Chicago, IL William Thomas Freeman, Jr. James V. Fitzgerald III Walnut Creek, CA James Lockwood Hazard Alan B. Folger Houston, TX Marc Dennis Markel Lynn Fontana New Orleans, LA Adam Stein David C. Franceski Jr. Philadelphia, PA C. Clark Hodgson, Jr. Steven Leslie Friedman Lawrenceville, NJ Albert M. Stark

Lloyd N. Frischhertz Jr, New Orleans, LA Allain Freret Hardin Carole Merri Fruman Miami Beach, FL Marcia K. Cypen David L. Gagermeier Carmel, IN Matt Reres Howard Errol Gilbert Huntingon, NY Herbert Kotler FRIDAY. SEPTEMBER 20. 1991 921

Applicant City and State Movant

Steve Miles Glerum Fort Lauderdale, Howard M. FL Zeidwig Michael B. Grayson Tucson, AZ Stephen Paul Barnard George Delcher Gregory Lexington, KY J. Monti ov Trimble Thomas Thatcher Grimmett Fort Lauderdale, Robert Hunt FL Schwartz Harold Zol Gurewitz Detroit, MI Theodore Sachs John J. Halloran Jr. New York, NY Louis A. Craco James T. Hannink San Diego, CA Marcelle E. Mihaila Jean L. Harmann Washington, DC George Prescott Slover

John Issac Harris III Nashville, TN William J. Harbison

T 1 T~* T T „i_ John E. Hartman San Francisco, CA Donald Eulette deKieffer Larry N. Hausler Houston, TX John Parker Farra Richard Joseph Healy La Cresta, CA Joseph E. Taylor, Jr. Carol Lynne Hepburn Seattle, WA Richard S. Oettinger Joyce Kay Hen- Denver, CO Maurice G. Knaizer Susan Beth Hersh Dallas, TX Jeffrey Michael Sutherland Paul E. Hieronymus McKee, KY Charles Russell Coy Rick D. Hogan Trumann, AR Frank J. Wills Heather A. Houston Seattle, WA William Robert Hickman Jo Ann Jay Howard Austin, TX Jay Allen Thompson Theodore Ermond Hughes Lansing, MI Frank J. Kelley Robin Andrew Humphrey Burlington, IA Lucille M. Hardy James W. Jennings Roanoke, VA Frank K. Friedman 922 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Stephen A. Johnston Seattle, WA Dan P. Danilov Logan T. Johnston III Phoenix, AZ Daniel Dwight Maynard John C. Jopling Hattiesburg, MS Alison Steiner James J. Karl Lancaster, PA Joseph Charles Madenspacher Karen Sue Keaton St. Petersburg, Albert Hugh FL Stephens Brian F. Kenney Fairfax, VA Marc Eugene Bettius Evelyn Vincent Keyes Houston, TX Joseph Eugene Clements Kimberly Jo Korando Antioch, IL James G. Billings Edward Martin Kowal Jr. Huntington, WV Charles F. Bagley, Jr. Gail S. Kramer Bartlesville, OK Frank Leo Faust, Jr. Albert David Kramer Bartlesville, OK Frank Leo Faust, Jr. Julian H. Kreeger Miami, FL Richard F. Wolfson Jessica Catherine Landman Washington, DC David G. Hawkins Michael B. Lebman Chicago, IL James A. Romanyak Ira Mark Lechner Washinton, DC Daniel M. Katz Joseph Gerard Lee Newark, NJ Francis X. Dee Wendy Evans Lehmann Rochester, NY Melvin Bressler Andrew David Leipold Philadelphia, PA Peter Buscemi Steven Lenoff Boca Raton, FL Philip M. Zeidner Albert J. Lenzi Jr. Chico, CA James C. Farnsworth Russell E. Levine Chicago, IL Alfred Winchell Whittaker Paul E. Levitt Huntington, WV Herbert Kotler Donald Francis Lighty Beaumont, TX John Henry Benckenstein Jerome Thomas Linnen Jr. Akron, OH J. Thomas Henretta FRIDAY SEPTEMBER 20. 1991 923

Applicant City and State Movant

John David Lovi New York, NY John Dickey Peter J. Lucido Roseville, MI Thomas M. Von Batchelder Douglas M. Magee Mendenhall, MS Jim Waide Anthony Brett Manzanetti Sacramento, CA Adolphus Moskovitz John E. Martin Valparaiso, IN James Vlasios Tsoutsouris Naurice Grant Cummings San Francisco, CA Bruce Halliday Martin Jackson Susan D. Martynec Los Angeles, CA Robert Franklin Katz James P. Marusak Lincoln, RI Thomas Dunne Gidley Robert Alan Mastrocola Rochester, NY Howard Ring Relin Wayne McCormack Salt Lake City, David Brent UT Watkiss David P. McManus Cedar Rapids, IA Donald Gifford Ribble George Edward Merker III Seattle, WA Joseph E. Fischnaller Donald R. Meyer San Francisco, CA John Albert Graham John Vaughan Millane III Amherst, NY John Vaughan Millane, Jr. Lawrence Blake Mitchell Dallas, TX Peter Alan Lesser Rene Perez Montalvo Rio Grande City, David Champion TX Garza John Thomas Montgomery Boston, MA William Lee Patton Kevin Jon Moody Harrisburg, PA Bohdan R. Pankiw

TnVin T-T lVInyriQ IV RaltimorpJJttlLllllUl C, i'-Li-/MD Benjamin Richard Civiletti

James Melton Morrris Sherman, TX Murray* H. Nance, Jr. David Lewis Muir Los Angeles, CA De Witt W. Clinton 924 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Donald Kirk Murano St. Louis, MO Alan Stuart Morrisson Susannah Muskovitz Cleveland, OH John Rocco Climaco Vincent M. Musto Bridgeport, CT Richard Allan Bieder Audrey Lynne Myer Santa Ana, CA Thomas B. Cummings Janet Neeley Sacramento, CA Ward Allen Campbell Robert Don Nelson Tucson, AZ Stephen Paul Barnard Matthew Michael Neumeier Chicago, IL Honorable Warren E. Burger, Chief Justice of the United States, Retired Stuart H. Newberger Washington, DC Richard McMillan, Jr. Rafael Maldonado Nicolai San Juan, PR Hector M. LaffTtte Paul A. Nida Troy, MI Malcolm D. Brown Douglass Franklin Noland Liberty, MO Judge James T Edward W elsh Charles D. Noland Santa Fe, NM William McEuen Brian Charles Nutt Pasadena, CA Charles E. Nutt Steven Jude Obermeier Olathe, KS G. Joseph Pierron Richard Forrest Orr Hartford, CT Jon 0. Newman Ellin Vicki Palmer Los Angeles, CA W. M. Brooks John F. Palumbo Tucson, AZ Carol Edith Wittels Carlos Agustin Pazos Tampa, FL Raymond R. Pines Joel Hartley Pearson Montgomery, AL Roger S. Morrow Andrew J. Perel Morristown, NJ Nicholas deB. Katzenbach Martin Lee Peterson Stephenville, TX Scott Dan Allen John Lawrence Plotkin Sussex, NJ James Stephen Russell FRIDAY. SEPTEMBER 20. 1991 925

Applicant City and State Movant

Ricky L. Polston Tallahassee, FL Robert L. Hinkle Robert Mason Portman Chicago, IL Paul Gansevoort Gebhard Wilma E. Presley Costa Mesa, CA Fred S. Rabishaw Raymond M. Radulski Wilmington, DE J. Calvin Williams, Jr. Antoinette Regina Raheem Detroit, MI Jay E. Brant Reed Rasmussen Aberdeen, SD Drew C. Johnson Michael Edward Riley Hartford, CT Mark Harris Swerdloff Kevin Peter Roddy Los Angeles, CA Jeff S. Westerman Brad R. Roth Springfield, NJ Thomas Ludwig Weisenbeck Suzanne Dryer Sager Washington, DC James Creighton McKay Lawrence M. Sands New York, NY Ira S. Sacks Timothy Randall Schnacke Washington, DC Donald Powell Schnacke George L. Schneider Fairfield, NJ James R. Zazzali Matthew A. Schumacher Los Angeles, CA Gordon Kennedy Wright Jerome C. Scowcroft Seattle, WA Ridgway K. Foley, Jr. Albert Charles Selkin Norfolk, VA Neil Curtis Bonney Terrell Lee Sharp Mt. Vernon, IL Paul D. Giamanco John C. Siemers Anchorage, AK Theodore M. Pease, Jr. William Frederick Simpson Kinston, NC Fred W. Harrison Jr. William Albert Smith Jr. Hamilton Square, Frank G. NJ Carrington Robert W. Sneed Jackson, MS John Harbor Mounger James G. Sotos Itasca, IL James R. Schirott Kenneth Michael Sprouse Northridge, CA Kevin Gary Lynch Lon David Stolarsky Cleveland, OH John Wilfred Hickey 926 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Timothy A. Sullivan Saint Paul, MN Allen D. Barnard John Hamilton Tarpley Decatur, GA Lawrence Lee Schneider Giuseppe Tomasetti Washington, DC Michael H. Cook Claire E. Toth Washington, DC Eliot D. Fielding Victor John Troiano Lakeland, FL D. A. Troiano Michael P. Turner Melrose, MA Francis Peter Waystack James D. Vail Cleveland, OH Lee J. Hutton John P. Vayda New York, NY Armand Maurice Pare, Jr.

Steven Robert Verr McHenry, IL Thomas J. Fleischmann Jane A. Villemez Cheyenne, WY Charles E. Graves Robert Anthony Vitale Jr. Chicago, IL Raymond P. Niro Gisbert E. Von Bolsching Sausalito, CA Martin Stein Ross J. Wabeke Loveland, CO Harry M. Sterling Kathleen Waits Albany, NY Martin H. Belsky Dennis H. Walters Seattle, WA Gregory Charles Sisk Annette Louise Wanless Morton, IL Frank M. Wanless Richard M. Weinstein New York, NY Andrew J. Spinnell Stephen Howard Weiss Los Angeles, CA Robert L. Morrison Steven R. Welch Austin, TX David M. Davis Suzanne Weller Anchorage, AK George Herbert Weller Mark Steven Werbner Dallas, TX Stephen Arthur Goodwin Alfred Springborg Wilkins Weaverville, CA Beatrice Challiss Laws Michael D. Williams Houston, TX Kenneth G. Engerrand Tern* E. Williams Atlanta, GA Judge G. Ernest Tidwell C. Bruce Williams Salem, OH Richard Clyde Shelar FRIDAY. SEPTEMBER 20, 1991 927

Applicant Citv and State Movant

Dennis L. Wills Omaha, NE John E. North Patricia Hill Wilton Baton Rouge, LA Thomas Harry Kiggans James M. Wooten Birmingham, AL John A. Lentine Thomas Kenneth Wotring Washington, DC James Joseph Kelley, II Richard F. Zehnle Chicago, IL Theophil Carl Kammholz Mitchell Harris Zimmerman Palo Alto, CA William Augustus Fenwick

August 2, 1991

Applicant Citv and State Movant

William B. Adair Jr. Houston, TX William Benjamin Adair

Amil J. Ajamie Phoenix, AZ J. Douglas McVay Lee A. Alexander Potomac, MD Frederick M. Lowther Angelo N. Ancheta San Francisco, CA Kenneth Leslie Karst Robert L. Aprati Chicago, IL James R. Loftis, III Mark R. Arnesen Newport Beach, Wayne A. Condict CA Marc H. Baer Baltimore, MD Richard Dandridge Payne

John S. Bartlett Carson City, NV Brooke A. Nielsen Joan Corey Barton Austin, TX Robert S. Walt Randy Alan Bauman Oklahoma City, Mark Hugh OK Barrett John A. Beall IV Jonesboro, GA Michael R. Hauptman Norma Jean Beedle Carbondale, IL John Robert Clemons

r Kathleen W alsh Beirne Houston, TX John J. Curtin, Jr. 928 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

John T. Belk III San Juan, PR Ruben Nazario Kenneth M. Bello Boston, MA Bruce Douglas Sokler Edith Jane Benay San Francisco, CA Hugh Anthony Levine Robert B. Best Jr. Kansas City, MO James F. Duncan Gerry W. Beyer San Antonio, TX David A. Schlueter Robert William Blesch Kansas City, MO Thomas 0. Baker R. Lee Booten II Huntington, WV John J. McOwen Thomas S. Borecki Chicago, IL Philip C. Parenti Harry Daniel Boul Columbia, MO Robert C. Smith Granville Sumner Ridley Murfreesboro, TN Granville Sumner Bouldin Jr. Ridley Bouldin Dennis Neal Brager Los Angeles, CA Mark Bernsley Reagan M. Brown Houston, TX Keith Alden Jones Charles G. Burr III Tampa, FL Peter Wolfson Zinober Bronson Ford Byrd Leesburg, VA Keith Edward Hope John Francis Cafferky Fairfax, VA Thomas John Cawley W. Hardy Callcott Washington, DC Roger M. Witten Truman Andrew Carter Shawnee, OK G. William Rice Michael J. Cassidy Fairfax, VA Stephen Porter Halbrook James R. Cherry Jr. New York, NY Arthur J. Stevens Henry Carrol Clay III Jackson, MS Marvin Luther White, Jr. Brian Clemow Hartford, CT Paul W. Orth Raymond E. Clutts Schaumburg, IL Ronald J. Hennings William Deal Coleman Montgomery, AL Luther Lister Hill Tyrone Edwin Cooper Beaumont, TX Vander Lane Nichols Roger A. Cox Boston, MA Harvey Alen Silverglate FRIDAY. SEPTEMBER 20. 1991 929

Applicant City and State Movant

Christian Robert Cullen Poughkeepsie, Stephen John NY Wing John J. Curtis Jr. Los Angeles, CA George Richard Doty Kenneth A. Cutler Fort Lauderdale, Wesley L. Catri FL Timothy Lee Davis San Diego, CA James Edward Hennessy Cecil L. Davis Jr. Tallahassee, FL R. William Roland Stephen Gerard Dickerson Fort Mitchell, KY Daniel Lee Dickerson Luis E. Dubon III San Juan, PR Luis E. Dubon, Jr. Kathrynann Walrath Media, PA Stephen A. Durham Durham Gregory Milton Dykeman Beaumont, TX William B. Coffey, Jr. Robert Carl Edwards Blaine, TN Douglas A. Trant Vicki Lynn Epling Akron, OH Janice Gui Adrienne Fechter Tampa, FL Peter Wolfson Zinober Francis R. Fecteau Worcester, MA Edward P. Healy Walter Benjamin Fey Reno, NV Mary Ann Morgan Mark C. Flavin New York, NY Gary Douglas Sesser Susan Barbara Flohr Washington, DC Edward Robert Kump Cheryl Morgan Foley Plainfield, IN Virgil L. Beeler

Thomas J. Foley St. Paul, MN Judge Daniel F. Foley James A. Frieden Los Angeles, CA Edwin C. Hamada Claudia Wilson Frost Houston, TX Edward A. Scallet Gregory Christopher Fuchs Louis vile, KY Donald C. Wintersheimer Donald E. Fucik Miami, FL Robert John Rudock John Edmund Gaggini Chicago, IL Don S. Harnack 930 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Michael John Gannon Burlington, VT William H. Quinn Donald Mark Garringer Indianapolis, IN David Michael Wallman

Houston C. Gascon III Plaquemine, LA William J. Guste, Jr. Robert C. Gebhardt San Francisco, CA Robert John Stumpf, Jr. Sally C. Gertz Tallahassee, FL Lorene Lockard Clemans Powell Frederick L. Gillespie Kearny, NJ Frank W. Jablonski Michael Vincent Goetz Birmingham, MI David John Montera A. Benjamin Goldgar Chicago, IL Robert Allan Creamer Peter L. Goldman Washington, DC Jeffrey Steven Jacobovitz Kenneth V. Gomez New York, NY Patrick H. Barth Jaimie R. Goodman Birmingham, MI David Matthew Davis

Paul A. Grabowski Evanston, IL Ronald J. Hennings Lemuel R. Green Canton, OH Robert D. Horowitz John Maurice Groen Scramento, CA Edward J. Connor, Jr. Thomas Jeremy Gunn Washington, DC David Bradford Isbell Jay M. Gutierrez Washington, DC George Lukens Edgar Clifton E. Haley Chicago, IL James R. Loftis, III Nancy Louise Hamm Fayetteville, AR Walter Raymond Niblock John William Hargrove Birmingham, AL James P. Alexander Peter P. Harrington Jr. Boston, MA Martin Stephen Cosgrove FRIDAY. SEPTEMBER 20. 1991 931

Applicant City and State Movant

Donald L. Harris Billings, MT Bruce Ryan Toole Richard M. Hartzman New York, NY Jan C. Rose James W. Hawkins Atlanta, GA Jerry B. Blackstock Thomas D. Hayes Big Lake, MN Robert J. Feigh Susan Hedman Ann Arbor, MI Mark Van Putten Hubert Frederick Dallas, GA George W. Henderson Jr. Darden John E. Herbison Nashville, TN Donald Edward Dawson Douglas Arthur Hess Dayton, OH Carmine Mario Garofalo Carla Jean Heyl St. Paul, MN Daniel D. Wozniak Jennifer Bruch Hogan Houston, TX Richard P. Hogan Dominic T. Holzhaus Los Angeles, CA Sam Rosenwein Kathleen Fitzgerald Chicago, IL William J. Bauer Howlett Susan Monica Hunt Kansas City, MO James R. Wyrsch Michael Charles Ice Martinsville, IN John E. Hurt Hermann Ivester Little Rock, AR Wayne B. Ball Neil H. Jaffee Washington, DC Cynthia Maria Wimer Lobo Kevin Raymond Johnson Sacramento, CA Friedrich Klaus Juenger Staci Sharp Johnson Sherman, TX Ronald Hurley Clark Michael H. Johnston Houston, TX Bill Daniel Robert William Jonas Jr. South Bend, IN Robert C. Rosenfeld

Kenneth R. Jones Jr. Nashville, TN William J. Harbison Linda Barbara Kalet Gaithersburg, MD William Raffel Jesse S. Kaplan Sacramento, CA Frank Kellogg Richardson Janet E. Kaufman Worcester, MA Edward P. Healy Man- P. Kehoe Burlington, VT Norman Charles Williams 932 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Richard Michael Kemmer Phenix, AL Bayless E. Biles Jr. John H. Kim New York, NY Chang Moon Sohn Thomas L. Kimer Minneapolis, MN Lawrence C. Brown J. Michael Kota Columbus, OH Don Alan Zimmerman Randy S. Laedeke Billings, MT Eldon E. Silverman

Paul Louis Langer Chicago, IL Byron L. Gregory7 John Francis Lenehan Dayton, OH Howard Penn Krisher II Mary Alice Leonhardt Hartford, CT Robert S. Evans Luke Charles Lirot Clearwater, FL John W. MacKay James Harvestus Locus Jr. Fayetteville, NC Carl Adam Barrington, Jr. Richard Martin Lorenzen Phoenix, AZ Larry L. Smith Robert S. Lotstein Chevy Chase, MD Arthur T. Kornblut Susan Brimer Loving Oklahoma Citv, Robert Allen OK Nance Thomas Frederick Lundy Santa Rosa, CA Jeffrey M. Evans David J. Macher La Habra, CA Michael R. McDonnell

George F. Madsen Sioux City, IA Peter J. Peters Stewart Irwin Mandel Cleveland, OH James Gordon Joseph Julianna Rose Marciel Ventura, CA Gary D. Sowards Thomas Arthur Marshall Santa Ana, CA Thomas B. Cummings David Louis Martin Toledo, OH Theodore B. Tucker III Susan Masling Washington, DC Ronnie Lynn Edelman David Dinan Masterman Arlington, VA Joanne Fogel Alper Frank McDaniel New York, NY George Michael Cerrone FRIDAY. SEPTEMBER 20. 1991 933

Applicant City and State Movant

John W. McNulty Chicago, IL Robert Guritz

Craig Huseman Metz Alexandria, VA J. Strom Thurmond Christopher Sheridan Miller Atlanta, GA James Kirk Quillian Sharon Handrock Moore Clinton, NJ John Allen Moore Alan Tomoo Murakami Honolulu, HI Stanley Edward Levin James Patrick Murphy Detroit, MI Robert Andrew Hudson Henry Dorame Nunez Fresno, CA Judge Ralph Nunez William Andrew Ortman Farmington Hills, Wesley P. MI Hackett, Jr. Nancy T. Owens Chicago, IL James H. Peters Frederick Raymond Parker Shreveport, LA Lawrence L. Jr. Jones James Leeland Patton Jr. Wilmington, DE Bruce M. Stargatt

William Walter Pearson Tucson, AZ Michael J. Meehan Renee Ruska Pelzman Coral Gables, FL Jerold Feuer Brian Mandel Pelzman Coral Gables, FL Jerold Feuer Lee Ann Jones Peters Norman, OK Robert Alan Ravitz

J. David Pobjecky Winter Haven, Arthur Charles FL Fulmer Louise M. Porac Pittsburgh, PA Homer W. King John G. Quillin Cuyahoga Falls, Robert Hugh OH McDowall Roger L. Reynolds Houston, TX Rhonda Rutherford Chandler Robert R. Riggs Berkely, CA Bennett M. Cohen William Randall Rock Dayton, OH Ronald E. Schultz Katherian D. Roe Minneapolis, MN Daniel Martin Scott Terry Lane Rowe Lafayette, LA Howard W. Martin 934 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Michael Steven Rubin Phoenix, AZ Gary L. Birnbaum William Frank Rupp Hackensack, NJ Paul A. Wurtzel Lyle D. Russell Jr. Troy, MI Brian G. Shannon Suzanne Sahakian Detroit, MI Kathleen McCree Lewis Jay Howard Salamon Cleveland, OH Robert Douglas Warner Fred B. Samplinere Cleveland, OH Bruce D. Taubman Stephen Lee Samuels Washington, DC Thomas Henry Pacheco Joseph Pugh Sanders Beaumont, TX Vander Lane Nichols Jesse P. Schaudies Jr. Atlanta, GA John J. Dalton John Daniel Schminky Reston, VA Norman Alan Shaw Kent Barton Schneider Cleveland, OH Gerald A. Messerman Robert Wesley Schrader Cheyenne, WY Daniel Gordon Blythe Daniel E. Scott Joplin, MO Richard C. Miller Ronald W. Self Columbus, GA Jerry Alan Buchanan Edward J. Serer Miami, FL Joaquin Perez John R. Shultz Mount Vernon, Judge Gilbert WA Eugene Mullen Susan L. Siegal Washington, DC Ronnie Lynn Edelman Susan Anne Sinclair Washington, DC Daniel Giligan Grove Lawrence D. Smith San Antonio, TX Charles L. Smith Suzelle M. Smith Los Angeles, CA Don Howarth Caroline G. Smith Los Angeles, CA Thomas E. Hill David Charles Solinger Covina, CA John David Tolin R. Keith Spencer Fort Worth, TX Randy Jarvis Hall Valerie J. Stanley Washington, DC Roger W. Galvin Arlon L. Stoker Jr. Albuquerque, NM Joseph William Reichert FRIDAY. SEPTEMBER 20. 1991 935

Applicant Citv and State Movant

Michael H. Stone Washington, DC Joseph Patrick Hart William Eugene Storie Austin, TX Harriet Dee Burke John Swinford Cynthiana, KY Bert T. Combs Joanna Irene Tabit Charleston, WV John Ernest Shank David Ferris Tamer Winston-Salem, John Foster NC Maddrey Charles Nicholas Thompson Little Rock, AR Michael Greenwood Thompson Roderick M. Thompson San Francisco, CA Donald Eulette deKieffer Douglas R. Tribble San Diego, CA Anthony P. Brown James Roberts Troupis Madison, WI David James anson Dwight Allan Washington Dayton, OH Howard Penn Krisher, II Randall L. Wiens Sacramento, CA John Quincy Brown, Jr. Jack M. Wilhelm Chicago, IL Alfred Winchell Whittaker G. Barry Wilkinson St. Peterburg, FL Richard M. Georges Robert Craig Wood Charlottesville, Jay T. Swett VA Michael James Wood Houston, TX Joseph Eugene Clements Clifford L. Zarsky Corpus Christi, David V. Herin TX John R. Zeimantz Spokane, WA Michael J. Casey Stephen Leonard Ziegler Fort Lauderdale, W. Michael FL Brinkley

August 16, 1991

Applicant City and State Movant Ann Acker Chicago, IL James Ernest Spiotto Fern Kathleen Acomb Batavia, NY Mary E. Bisantz nop yob FRIDAY , SEPTEMBER 20. 1991

Applicant City and State Movant

Donald L. Anspaugh Columbus, OH Charles Ensign Brant Charles Patrick Barrett San Francisco, CA Renee Rubin Bryce H. Bennett Jr. Indianapolis, IN James Ward Riley, Jr. N. Larry Bork Topeka, KS Wayne T. Stratton Jeri Lynn Burge Los Angeles, CA William Blackshear Burge John J. Camozzi San Francisco, CA Michael P. McCabe Kathy Jean Carter-White Welling, OK Harvey L. Chaffin Dennis Childs San Diego, CA Richard Murray Freeman Patrick Michael Cleary Bloomfield Hills, Thomas P. MI Rabette Bruce W. Cobb Beaumont, TX Vander Lane Nichols Terry A. Coble Benicia, CA Robert Charles Fellmeth Jay Cohen New York, NY Martin London John B. Conway New York, NY Armand Maurice Pare, Jr. Douglas Clinton Crawford Las Vegas, NV William Bernard Creswell Terry H. Rebecca Cutting Boston, MA Peter Knowlton Binder Gardiner B. Davis Kansas City, MO Lowell Lee Smithson Michael Henry Davis Nantucket, MA Laurence Henry Tribe E. Joseph Dean Portland, OR Ernest Bonyhadi Stephen B. Deutsch Boston, MA Hans F. Loeser David Lawrence Doughten Cleveland, OH Kathleen Anne McGarry Michael Dsida Chicago, IL Patrick Thomas Murphy FRIDAY. SEPTEMBER 20. 19S1 937

Applicant City and State Movant

Stephen James Dunn Bel Air, MD Paul Jospnh Redmond Terrance Martin Edwards Pottstown, PA Michael J. Devine Steven Mark Egesdal Honolulu HI Charles R Wichman John Lawrence Etrloff Indiananolis IN Riley, Jr.

Diane Grace Elder KJ IIIK^Ca.^ \J j 1JJ i-j \3 vciiy m » Pattishall Robert H. Epstein St. Louis, MO Gerald Allen Rimmel Thomas B. Farrey III Worcester, MA Harold Andrpw Adamiak Michael R. Fitzpatrick Janesville, WI Thomas Stone Hornig John W. Foster Sr. Orlando, FL Jerry R. Linscott Carl N. Frankovitch Weirton, WV Carl H. Hellerstedt, Jr.

Jill L. Friedman Oxnard, CA Henry J. Walsh R. Glenn Gable Woodstock, IL Ralph Ruebner Donna Cameron Goode Houston, TX Kenneth Eugene Goode Thomas Dale Grabinski Phoenix, AZ Robert G. Schwartz Paul Kenj Hamano Hilo, HI Shunichi Kimura Evelyn A. Haralampu Boston, MA Chester A. Janiak Von S. Heinz Las Vegas, NV Thomas Duncan Beatty, III Robert Keith Hilder Salt Lake Citv Gainer M. UT Waldbillig Barry Hirsch New York, NY Arthur J. Stevens Arthur L. Hudkins Springfield, MO David Wayne Ransin Debra Marie Hughes Cleveland, OH Edward F. Marek Caron Mizue Inagaki Honolulu, HI Paul Devens John M. Isidor Cincinnati, OH Arnold Morelli William Paul Johnson Roswell, NM Andrew Joseph Cloutier 938 FRIDAY SEPTEMBER 20. 1991

Applicant City and State Movant

Everett C. Johnson Jr. Washington, DC Mark E. Newell Harold Theodore Judd Concord, NH Martin L. Gross Leonard Kaplan Charleston, WV Rudolph L. DiTrapano Margaret Battle Kiernan Rochester Hills, Lawrence R. MI Ternan Joyce Kinkead Little Rock, AR Webster L. Hubbell Gary William Klages Chicago, IL Michael F. Henrick Sandor Korein St. Louis, MO Rex Carr William J. Kropp III Fort Smith, AR David Templeton Hubbard Martin L. Laird III Alexandria, LA Eugene P. Cicardo Dale John Lambert Salt Lake City, Ray R. UT Christensen Jonathan Martin Landsman North Valley Arnold Forster Stream, NY Arnold Herbert Leibowitz Washington, DC Ross Dane Davis Alan S. Loesberg New York, NY Douglas Randolph Burnett Alison T. Lonsdale Omaha, NE Volney V. Brown, Jr. James Matthew Venable Hillsborough, NC Robert A. Hassell Martin Brian William Mason Verona, NJ John J. O'Reilly Everett Allen Mayhew Jr. Albany, NY James B. Canfield Robert Leland Mays Jr. San Antonio, TX Charles D. Butts, Sr. John E. McDermott Jr. New York, NY Mark D. Lebow Edward B. McGrath Worcester, MA Harold Andrew Adamiak Man- Frank McKenzie San Francisco, CA Mark Fogelman William Deryl Medlin Shreveport, LA Lawrence L. Jones Anne E. Merryfield Boston, MA Chester A. Janiak Stephen B. Monsein Amherst, MA Abraham Monsein FRIDAY. SEPTEMBER 20. 1991 939

Applicant City and State Movant

Pamela Sue Moran New Orleans, LA Jack Peebles Elizabeth Susan Natrella New York, NY Leonard J. Koerner Mary Kathleen Nolan Chicago, IL Rita M. Novak Mitchel Novas Daytona Bech, FL James Byron Gibson

Vincent J. Nuzzi Fairfield, NJ John J. O'Reilly Brian Michael O'Connell Hartford, CT Luke Ferdinand Ryan Kevin J. O'Connor Madison, WI Daniel Stuart Farwell Michael Lawrence Denver, CO Walter A. Steele O'Donnell Kevin T. O'Hara Orlando, FL Hubbard H. Harvey Gary Scott Paer Mission Viejo, CA Richard L. Weatherspoon Paul D. Payne II Akron, OH J. Dean Carro John R. Perdergast Jr. Milwaukee, WI Daniel R. Riordan Richard Paul Petermann Jr. Fort Walton Thomas T. Beach, FL Remington Steven Petrikis Pittsburgh, PA Russell John Ober, Jr. George Richard Pitts Richmond, VA George Howard Gromel, Jr. Bertrand B. Pogrebin New York, NY Bruce Russell Millman Steven H. Reisberg New York, NY David L. Foster Dennis A. Rendleman Springfield, IL Jon W. DeMoss Bradley Harold Rice Fort Worth, TX Randy Jarvis Hall Michael Ives Richardson Tinley Park, IL Edwin J. Richardson, Jr. Dennis K. Ridley Cheyenne, WY Charles E. Graves Frederick H. Riesmeyer II Kansas City, MO George E. Leonard William James Rosdil Hilo, HI Shunichi Kimura Ira Jay Rosenzweig New Orleans, LA Patrick Edward O'Keefe 940 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

David Rothstein Boston, MA Jay L. Fialkow Diann Yvonne Rust- Washington, DC Wade J. Tierney Henderson Olha Natalia Maria Wilmington, DE F. L. Peter Stone Rybakoff James E. Salles Arlington, VA Mortimer M. Caplin Richard John Sankovitz Milwaukee, WI Richard C. Ninneman C. David Schumacher New Orleans, LA Carl J. Schumacher, Jr. Steven H. Shiffrin Ithaca, NY Laurence Henry Tribe John Lucian Smith Jr. Norfolk, VA Rebecca Beach Smith Theda C. Snyder Chicago, IL William Murray Freivogel Brian S. Sokoloff New York, NY Jay Sanford Bielat Charles Adkin Spain Jr. Austin, TX C. L. Ray, Jr. Michael Paul Stevens Houston, TX David Lawrence Levin Jonathan T. Suder Fort Worth, TX Edmund Glen Johnson Ernest Enrique Svenson New Orleans, LA Henry Deeb Gabriel Patrick Joseph Thistle Los Angeles, CA Michael P. Stone Melinda Sterman Thornton Miam, FL Robert Anthony Ginsburg Rory Soares Toomey Honolulu, HI William Holland Brady Mark Stuart Tratten Sacramento, CA Ronald Boyd Robie Janet L. Tyler Cheyenne, WY George Santini Susan Patricia Underwood Sacramento, CA John K. Van de Kamp Susan Leigh Watson New York, NY Howard L. Zwickel Donna K. Welch Detroit, MI Francine A. Gargano FRIDAY. SEPTEMBER 20. 1991 941

Applicant Citv and State Movant

Daniel George Wightman Avon Lake, OH Kenneth Paul Frankel Russell Jay Williams Fort Lauderdale, Glenn R. FL Roderman Jack G. Zurawik Tulsa, OK John M. Merritt

September 20, 1991

Applicant City and State Movant

William C. Adkisson Conway, AR Charles T. Coleman Philip F. W. Ahrens III Portland, ME Fred C. Scribner, Jr. Wendy L. Aikin Orlando, FL William G. Osborne R. Chris Albright Chattanooga, TN John Alley William Albert Allen Oak Ridge, TN Lenny L. Croce Glen Keith Allen Baltimore, MD Judge Robert C. Murphy Stefanie Band Allweiss New Orleans, LA Steven Hymowitz Eric William Anderson Atlanta, GA Jeffrey Dean Paquin K. Bret Apple Salem, OH C. Bruce Williams John M. Armstrong Pennsauken, NJ Alfred Abbotts Ellen Merle Averett Mechanicsburg, Veronica Ann PA Smith Adam Babich Denver, CO L. Duane Woodard Charles R. Bailey Charleston, WV Allen R. Prunty Mark Charles Baker Jackson, MS Wayne E. Ferrell, Jr. William Bachman Barnes Fairfield, CT J. Daniel Sagarin Donald R. Barrett Jr. Nashville, TN Michael Alan Meyer Lee Barry Mount Laurel, NJ Paul H. Schneider Mark T. Beaman Austin, TX Scott R. Kidd Gregory Abbott Bedell Chicago, IL George B. Collins Harry M. Beggs Phoenix, AZ Charles Averette Carson, III y4Z FRIDAY . SEPTEMBER 20. 1991

Applicant City and State Movant

Mark Canfield Bender Orlando, FL Marc L. Lubet Doris Margaret Bennett Boston, MA Martin Richard Hoffmann A. Lee Bentley III Washington, DC Jonathan L. Abram Bruce Berger Atlanta, GA Christopher Charles Edwards Linda S. Best Wildwood Crest, Mark Eugene NJ Roddy Thomas Adrian Boland Sr. Conway, SC Emma Ruth Helms Brittain Jerry Boone Albany, NY 0. Peter Sherwood Jerry K. Boyd Spokane, WA John Remi Quinlan Alan Guy Brackett New Orleans, LA Andre Jean Mouledoux LaRae Lynn Bradley Wayzata, MN Beverly Jean Wolfe Dean R. Brenner Washington, DC Erwin G. Krasnow Robert David Breton Mission Viejo, CA Donald Eugene de Nicola Robert B. Broadbelt III Beverly Hills, CA Allan Browne Marc Robert Brown Elizabeth, NJ Judge Edward W. Beglin, Jr. Maynard Moore Brown Wilmington, NC Carter Tate Lambeth Paul N. Bruce Independence, CA Gregory Lloyd James Ralph E. Bucknam Huntington, NY Daniel H. Kane Douglas Brian Canfield Wilmington, DE Robert Jacobs Brian Scott Cantor Fairfield, CT Samuel Louis Braunstein David Neale Caracappa Wlnchendon, MA Martin Richard Hoffmann Russell Earl Carnahan Columbus, OH Frederick G. Cloppert, Jr. FRIDAY. SEPTEMBER 20. 1991 943

Applicant City and State Movant

Robert B. Carroll Chevenne, WY James Edward Fitzgerald Michael Joseph Cassidy Huntington John Drummond Beach, CA Barnett Evelynn S. Caterson Absecon, NJ Roger C. Steedle Marianne Caulfield Elizabeth, NJ Judge Edward W. Beglin, Jr. Rodney Southwick Chase New York, NY James Gary ^ Jr. Buckley Michael Stephen Church Columbia, SC Timothy D. St. Clair Edward T. Clifford Sacramento, CA Irving H. Perluss Henry J. Close Rockford, IL John C. McCarthy Gary Mitchell Coates Lynchburg, VA William P. Harris Walter L. Cofer Kansas City, MO Garv R. Long Steven B. Cohen New York, NY Ronald Gene Wohl Philip W. Collier Louisville, KY Andrew Lewis Frev Pamela Alice Conger Columbus, OH Joann M. Bour- Stokes Earl Lee Cotton Sr. Atlanta, GA Louis Berry

Ray F. Cox Jr. Little Rock AR NancvA. ' UI1\_ V X-/Bellhouse\_s 1 1 1 1 \J L4 o v_ Mav

Martin E. Crandall DetroitX—' \- Wit, MII'll Richard J. Fritz Robert Andrew Cutbirth Sacramento, CA John E. Rvan Stephen D. Cuyler Morristown, NJ Edwin R. Matthews William Lee Davis III Chadbourn, NC Arnold Locklear Richard DiSalle McMurray, PA Roger Curran Karl Glenn Dial Dallas TX Robert G Npwman

Anthony Edward Diresta Atlanta GA UJosenhUOVk/ll RXV* Manning Jerome R. Doak Dallas TX Erwin N. Griswold Wesley Scott Dodge Omaha, NE Mark Steven Cohen John P. Dolan Washington, DC Gerard F. Treanor, Jr. 944 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Daniel W. Donahue Winston-Salem, William Beaumont NC Sullivan Jeremiah Donovan Old Saybrook, CT F. Mac Buckley Thomas Clayton Doolan Knoxville, TN James Erwin Fox J. Andrew Doyle Falls Church, VA Bruce Hubbard Hamill Macarthur Drake Gary, IN Gilbert King, Jr. William James Dritsas San Francisco, CA Christopher Earle Cobey Arnold Warren Drucker Jackson Heights, Dominic A. Villoni NY Dan R. Dubitzky Seattle, WA Laurence B. Finegold

Charles W. Edwards Spencer, IN John . Pearce Stanley Efron Minneapolis, MN Robert F. Henson Mark Randall Ellis Riverside, CA Daren Thomas Johnson Joyce Hier Errecart Shelburne, VT Brian L. Burgess James Esparza Salt Lake City, Robert Lee Van UT Sciver Joseph S. Faber San Francisco, CA Honorable Warren E. Burger, Chief Justice of the United States, Retired Joseph Mario Fasi II Milwaukee, WI Chris William Altenbernd Justo Fernandez-Gonzalez El Paso, TX Arturo R. Aguirre Noel Anne Ferris New York, NY Charles K. O'Neill Vincent Armando Feudo Cleveland, OH James W. Barnhouse William Sutton Fields Arlington, VA Thomas Earl Robinson Matt G. Firestone Orlando, FL Honorable Kenneth Winston Starr, Solicitor General of the United States FRIDAY. SEPTEMBER 20. 1991 945

Applicant Citv and State Movant

Rene Peter Fontaine Bolton, MA Martin Richard Hoffmann Jacqueline J. Footman Wallingford, CT Julia DiCocco Dewey Frank Herbert Fowles III Bishop, CA Peter Edward Tracy Douglas Neil Freifeld San Francisco, CA Lawrence C. Yee Daniel Joseph Gallagher Syracuse, NY George C. Shattuck Mark Allen Gash Kansas City, MO William A. Jolley

Elaine M. Gatsos Boca Raton, FL Charles I. Cohen Cheryl Holste Gentry Tallahassee, FL James Cameron Banks Thomas M. Germain Hartford, CT Peter G. Perakos, II

Marvin Gerstein Urbana, IL J. Steven Beckett Michael Don Gerstein Chicago, IL Joshua Sachs Charles Fenton Glazzard Houston, TX Percy Don Williams James G. Goggin Portland, ME Robert Gahagan Pugh, Jr. E. Scott Golden Hollywood, FL Perry Walton Hodges, Jr. Kenneth L. Goodwin Tuscaloosa, AL Paul E. Skidmore Brian C. Goudas Londonderry, NH Paul R. Sugarman George B. Goyke Wausau, WI Bruce Frederic Ehlke Lana Beth Grandon West Paducah, Gregory KY Christopher Fuchs Debra Carroll Graves Raleigh, NC Charles L. Becton Brady D. Green Atlanta, GA E. Clayton Scofield, III Scott A. Greenberg Saint Louis, MO Thomas R. Schlesinger Michael Clark Gross San Antonio, TX John Anthony Bukauskas John Michael Gunther Acton, MA Martin Richard Hoffmann »

946 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Kennen D. Hagen San Francisco, CA Vaughn R. T W alker

T^v " 1 TT TT 1 T * 1 VTTI David H. Hahn Lincoln, NE Randal Bruce Brow Damian L. Halstad Westminster, MD Donald James Gilmore

A ,-> U ~ . --,"1 1 ^ XT Jackson Douglas Hamilton Ashevine, JNC Evan Finkel Philip N. Hammersley Sarasota, FL Henry P. Trawick, Jr. Kenneth S. Handmaker Louisville,T /-wi-i^otTi'll^ KiLTV O. Orant bruton Christopher Paul Hankins Meriden, CT John R. Gulash, Jr.

T\ J XT' TT „ „ J . David K. Hardy Kansas City, MO Gary K. Long Robert P. Harper Valparaiso, IN Andrew Gordon Lliiot Gouveia David J. Hart Lowell, MA Thomas P. Elias

T 1 TT TT /*1 TT Linda Kaye Harter National City, CA George Henry Eiser, III Michael Zar Hayes Salt Lake City, Zar E. Hayes T TT U 1 Catharina J.H.D. Haynes Dallas, TX Schuyler B. Marshall, IV James M. Hecker Washington, DC Arthur H. Bryant Clifford J. Henry Conway, AR Charles T. Coleman Robert William Henry Conway, AR Charles T. Coleman Paul Gerard Hess Muskogee, OK James A. Feldman

„ 1 _ "L, ATT "PV /T „ 1 _ '„ TA Thomas W. Hill Columbus, OH Melvm D. Weinstein Richard Craig Hochman New York, NY Stanley Neil Lupkin

' T"» 1 1 TIT'll Robert Glenn Hogue Dallas, TX Ronald William Johnson

James Joseph Stephen Los Angeles, CA Micnaei r . iving Holmes Roxanne Lee Holmes San Francisco, CA Bonnie R. Cohen Melvin Houston Detroit, MI Mark Granzotto FRIDAY. SEPTEMBER 20. 1991 947

Applicant Citv and State Movant

Denise Hubbard Beaumont, TX Jon B. Burmeister J. David Huber Tell City, IN Gerald Patrick Norton Lisa Huggins Birmingham, AL Charles Herbert Wyatt, Jr. Sandra Latham Hughes Washington, DC Anton George Hajjar William Noble Hulsey III Dallas, TX Jack Lynn Kinzie Michael John Hunter Columbus, OH Frederick G. Cloppert, Jr. Irving L. Hurwitz Newark, NJ Laurence Reich Felix John Istre III Waco, TX Artie G. Giotes Alan Edward Johnson Cleveland, OH Leo R. Ward Robert White Johnson Wilmington, NC Carter Tate Lambeth Kenneth Charles Jones Orange, CA Kathleen Jacobs Bill Jones Houston, TX William W. Ogden Ezra B. Jones III Atlanta, GA W. Dennis Summers Langdon Jon Jorgensen Denver, CO James S. Bailey, Jr. Clayton R. Kaeiser Miami, FL Barry E. Witlin Stephen E. Kaplan Dallas, TX Ron Edmondson Ronald S. Katz San Francisco, CA Douglas Eurico Rosenthal James Thomas Kelly Washington, DC Jay Lawrence Witkin Charles F. Kennedy III Van Wert, OH Donald J. Johnson David Mark Kenworthy Tacoma, WA Frank Douglas Wagner Patrick Owen Killian Stony Brook, NY Douglas Eurico Rosenthal James P. Killoran Fall River, MA Alan Anthony Amaral Norman Aubrey Kinnier Lynchburg, VA William P. Harris Mark Wayne Klingensmith West Palm Beach, Joseph P. Metzger FL Henry S. Knight Jr. Columbia, SC Thornwell Forrest Sowell, II 948 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Paul G. Kostro Westfield, NJ Roger J. Foss Norman Fredrick Kron Jr. Denver, CO James S. Bailey, Jr. John T. Kuelbs Los Angeles, CA Clarence T. Kipps, Jr. Ruth Ann Kwan Los Angeles, CA Tracy Webb Janice A. Kyko Detroit, MI Richard J. Fritz John L. Laakso Austin, TX Marion Taylor Jo Lynn Lambert San Francisco, CA Edgar B. Washburn Jane Tucker Lambert Jackson, MS Kenneth J. Rose Susan Joyce Larsen El Paso, TX Malcolm McGregor Michael S. Lattier Helena, MT Ward Anthony Shanahan D. Sean LeBari Houston, TX Cliff Lee Roberts Susan Leffler Lansing, MI Gay Secor Hardy Paul Anthony Joseph Highland, IN Joseph Scott Van Leonard Jr. Bokkelen Philip Levine Waynesboro, PA Charles Norman Shaffer Kathryn Linn-Stevenson Pittsburgh, PA John Lewis Heaton Dan Little Madill, OK Reid Edward Robison

John J. Love Oklahoma Citv, Judge William J. OK Holloway, Jr. Douglas E. Lowe Palestine, TX J. Christopher Kolstad Jeffrey A. Lowery Pasadena, CA Ralph Kenneth Helge David G. Luther Jr. Dallas, TX Vester T. Hughes, Jr. William Joseph Lutz Jackson, MS Nicholas Van Wiser

Philip J. Lynch San Antonio, TX Lucien Benton Campbell David Eugene Mackenroth Sacramento, CA John E. Ryan FRIDAY. SEPTEMBER 20. 1991 949

Applicant City and State Movant

Kenneth D. Mackler Atlantic City, NJ Mark Eugene Roddy Janet L. Maher Washington, DC Ronald J. James Charles Robert Mandly Jr. Greenwood, MS Beverly W. Pattishall

Dennis C. McAndrews Wayne, PA Joseph J. Mittleman Thomas Charles Fairfax, VA Barry Burton McClenaghan Laken Michael Julian McGraw Louisville, KY Martin London Lisa Michelle McKnight Phoenix, AZ John Birney Weldon, Jr.

Frank M. McNally Stamford, CT Donald J. Mulvihill William Gerald Meckler Cleveland, OH Charles R. Miller Elizabeth Ullmer Mendel Louisville, KY Kenneth L. Anderson Marisa Tinkler Mendez Miami, FL Roy Eric Black Mark D. Mestel Everett, WA Brian Phillips Roger Mills Decatur, GA Neil Thomas Bradley Miles L. Mitzner Oklahoma City, Mack Kelly Martin OK Anne M. Mohan Somerville, NJ Edwin R. Matthews James S. Montana Jr. Chicago, IL Matthias A. Lydon Ann Marie Monzione Boston, MA Ronald Evan Harding William David Moore Cleveland, OH Lillian W. Burke Veda A. Moore Houston, TX Paul Joseph Coselli Timothy Eric Morgan San Francisco, CA Michael Ivan Spiegel

Mark J. Morgenstern New York, NY Jeffrey Allan Rabin Thomas E. Moseley Newark, NJ Jerome Lawrence Merin 950 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

Randolph Joseph Myers Alexandria, VA Daniel George Sniliito

TT _ l. , 1,_ TTT Steven M. Nakashima Honolulu, HI Robert J. Hackman Lowell Ernest Nass Madison, Wl James H. lYicJJermott Bruce Wiliam Nelson Las Vegas, NV Koy A. Wooiter Alfonso E. Nibbs Charlotte Amalie, Leon A. Kendall

bt. 1 nomas, VI Eugene P. Nicholson III Atlanta, GA Frank Love, Jr.

TA 4. U Carol Smith Nickle Knoxville, IN J. Anthony r armer

7\ /T „ J ' „ T"> A John W. Nilon Jr. Media, FA Kathrynann TTr_lWalratnj. V Durham Jonathan B. Noll beattle, WA Daniel J. Riviera

T> „ 1 „4. T~) Ronald Alan Norwood St. Louis, MO Robert B. Hoemeke William J. O'Brien Jr. Quincy, MA Martin Richard Hoffmann

, „ 1 TT Daniel James O'Connell Longmeadow, MA PaulT)„ H. Kotnscnila

O 4-4-1 ^ 11 T A Richard John Omata Seattle, WA Dennis H. Walters

T7< „ 1 11 XT T Martin R. Pachman r reehold, NJ John 1. Barbour, TT 11 Diego Jesus Pena ban Antonio, 1A Hubert W. Green, Jr. T HIT Michael H. Perry Lansing, MI Michael Eugene Cavanaugh

n 4. a if a Robert A. Perry Boston, MA Martin Richard Hoffmann Mitchell A. Peters Valparaiso, IN Andrew Gordon Elliot Gouveia Randall W. Pierce Memphis, TN Robert Alan Wampler Robert Eugene Pincham Jr, Chicago, IL R. Eugene Pincham, Sr. Timothy Carter Pledger Cambridge, MA Martin Richard Hoffmann FRIDAY . SEPTEMBER 20. 1991 951

Applicant City and State Movant

TT„„ „ 1 , , 1 . , TTT TTU'V TT Kichard w. Pollack Honolulu, HI Philip Henry Lowenthal Kobert L. Pottroii Manhattan, KS Dennis E. Egan Edward F. Premo II Rochester, NY William Henry

* TT „ 1 X"„ „ 1_ TTT Helierich III Francis B. Prior Wilmington, NC John Richard Newton Carlos J. Quilichini ban Juan, rK Luis A. Arroyo Santiago Frank Quintero Jr. Miami, FL Calianne P. Lantz John Chiton Kand Alexandria, VA BertT~> — _ -± B.T") RandT> 1 Pamela Anne Ratner San Diego, CA Frederick Robert Milar, Jr. John Rearden Jr. Rockford, IL Thomas E. Greenwald Gary E. Reddish Riverside, CA Justin M. McCarthy Nicholas Frank Rinaldo Tampa, FL William G. TT,»1„„J t. Hyland, Jr. Rob F. M. Robertson Oklahoma City, Patrick M. Ryan OK James Bruce Robertson Los Angeles, CA Edward Murray Medvene Jose Honne Robles Tucson, AZ Javier Chon- Lopez Lewis Rose Washington, DC Alan Robert Malasky Donald Wayne Rose New York, NY Bernard William McCarthy John H. Rugheimer Belmont, MA Martin Richard Hoiimann Hector Saldana-Egozcue C-.„ban Juan,T . , ~ ~ rK"DTD Jose Luis Novas- Dueno James R. Schadel Pittsburgh, PA Peter J. T. Taylor

T~\ 1 11 XT T Joel G. Scharff Freehold, NJ John T. Barbour, II Jacques D. Schira Des Moines, IA Nicholas J. Critelli, Jr. ,

952 FRIDAY. SEPTEMBER 20. 1991

Applicant City and State Movant

T v\ llliam r rancis bcnmitz i^ie\ eiana, uti James W. Barnhouse George Blame bchwabe 111 UKianoma uit\ Thomas G. Hilborne, Jr. bteven Andy bhapiro uen\ er, Jay Stuart ivaaetsK^X-} nrl nfo \t"\ t

James Patrick bhaughnessy ouaour} , ma Martin Richard Hoffmann

A Inn "PVn"lliv\ QVirvv A f 1 nnf o A Aian rnimp onor Atlanta, ua John J. Dalton Robert Dickinson Silver Ventura, CA Edward Leonard Lascher r rank E. bimmerman Jr. ciarKsourg, w v Bernard D. Marcus wiinam u. oiattei\ onort rillls, JNJ Richard A. Norris TV iviarK rjuwara omitn Jjaiias,Flolloc ia Ronald William j onnson Dana bt. James iviansneia, ma Martin Richard

riuiiiiiciiiii

Kobert Caldwell btames iviempnis, iin james ivi. ivianire

Judith Ellen Stein i\ew i orK, in i itooert ai\ ar Carter j_/d\ iu w\ ernuiL oLtr\eiib VJI egg XVlIIlUd.ll Saxe cnucK K. btictnam Cincinnati, OH Richard Jay Goldberg

Michael Edward r ort omitn Arc w . Asa otuDoieneid Hutchinson

Cheryl J. Sturm w est unester, r a l nomas t\. L^eraso t, ,i on a\t7 Mark Douglas Swiney lulsa, Urv uerara rv.

T LJUli\J\linn n\ allo t~\

Koom In en bwope West r argo, PsU Robert Brandt Kirby

Emily Bergquist Tartter Montpelier, V l Brian L. Burgess Evelyn Mae Tenenbaum New York, NY Howard L. Zwickpl James Franklin Tillson Houston, TX Charles Reid Watson, Jr. Joseph Torres Naples, FL Gerald Thomas Berry FRIDAY. SEPTEMBER 20. 1991 953

Applicant Citv and State Movant

Dennis H. Tracey III New York, NY George F. Hritz

Jill Kramer Traina Coral Gables, FL Gary Richard Jones Nicholas Joseph Trenticosta New Orleans, LA Keith Baker Nordyke Phillip August Vaglica Colorado Springs, Kathleen A. CO Carlson Thomas C. Valentine Sarasota, FL Henry P. Trawick, Jr. Laurence Paul Van Court Cheyenne, WY Daniel Gordon Blythe Thomas Charles Viles Cambridge, MA Alan M. Dershowitz Sol Villasana Dallas, TX William Wayne Justice Thomas Jesse Waldrop Atlanta, GA Stephanie A. Kearns James Stephen Walker Greenville, NC C. Douglas Fisher James J. Walsh Detroit, MI Frederick C. Nash Joseph E. Warner III Greensboro, NC John Richardson Haworth Glenn Stewart Warren San Diego, CA Douglas Colton Brown Charles E. Wasilefski Harrisburg, PA William J. Peters Amv Laura Wax Washington, DC Honorable Kenneth Winston Starr, Solicitor General of the United States

David J. Weaver Johnstown, PA L. Edward Glass

J. Kendrick Wells II Louisville, KY Martin London Michael D. White Anchorage, AK George Kent Edwards Ben Whitfield Jr. Detroit, MI Samuel Cortez Gardner Jean Marie Wiencek Madison, WI Carroll E. Metzner FP TPi A V

Applicant City and State Movant

Jacques L. Wiener Jr. Shreveport, LA James Fleet Howell D. Todd Williams Jonesboro, AR John V. Phelps H. Randolph Williams Chicago, IL Robert L. Berner, Jr. Christopher Gerard Winans Danbury, CT Hugh A. Burrell D. Andrew Winston Denver, CO Larry Francis Hobbs Carol Grosman Winston Los Angeles, CA Seymour Robert Winston Robert B. Wiygul New Orleans, LA Stevan C. Dittman Stevan Carl Wolf Chicago, IL Thomas M. Crisham Adrian L. Young Austin, TX Charles A. Palmer Aan Zarky Seattle, WA Laurence B. Finegold Lewis P. Zollinger San Diego, CA Michael Bruce Poynor (JOURNAL) TUESDAY. SEPTEMBER 24. 1991 955 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order in Pending Case

No. A-227. Warren McCleskey, Applicant v. Michael Bowers, At- torney General of Georgia, et al. The application for stay of execution of sentence of death scheduled for September 24, 1991, to allow the fil- ing of a petition for a writ of certiorari to the Superior Court of Georgia, Butts County, and/or the United States Court of Appeals for the Elev- enth Circuit presented to Justice Kennedy and by him referred to the Court, is denied. Dissenting opinion by Justice Marshall. Justice Blackmun and Justice Stevens would grant the application for stay.

(JOURNAL) WEDNESDAY. SEPTEMBER 25. 1991 957 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White. Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Certiorari Denied

No. 91-5901. Warren McCleskey, Petitioner v. Michael Bowers, At- torney General of Georgia, et al. The application for stay of execution of sentence of death, presented to Justice Kennedy and by him referred to the Court, is denied. The petition for writ of certiorari to the United

States Court of Appeals for the Eleventh Circuit is denied. Dissenting statement by Justice Marshall. Justice Blackmun would grant the application for stay and the petition for a writ of certiorari. Justice Ste- vens would grant the application for stay.

(JOURNAL) TUESDAY. OCTOBER 1. 1991 959 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Souter.

Order

Pursuant to the provisions of Title 28 S. C. Section 42, it is or- dered that Justice Kennedy be, and he is hereby, assigned to the Sec- ond Circuit as Circuit Justice, effective October 1, 1991, pending fur- ther order.