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506bv$spin 03-31-97 12:38:54 UNITED STATES REPORTS 506 OCT. TERM 1992 506BV$TITL 07-30-96 18:47:44 UNITED STATES REPORTS VOLUME 506 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1992 Beginning of Term October 5, 1992, Through February 19, 1993 Together With Opinion of Individual Justice in Chambers FRANK D. WAGNER reporter of decisions WASHINGTON : 1996 Printed on Uncoated Permanent Printing Paper For sale by the U. S. Government Printing Of®ce Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328 506bv$$III 04-28-99 17:08:03 PGT · frt JUSTICES of the SUPREME COURT during the time of these reports* WILLIAM H. REHNQUIST, Chief Justice. BYRON R. WHITE, Associate Justice. HARRY A. BLACKMUN, Associate Justice. JOHN PAUL STEVENS, Associate Justice. SANDRA DAY O’CONNOR, Associate Justice. ANTONIN SCALIA, Associate Justice. ANTHONY M. KENNEDY, Associate Justice. DAVID H. SOUTER, Associate Justice. CLARENCE THOMAS, Associate Justice. retired WARREN E. BURGER, Chief Justice. LEWIS F. POWELL, Jr., Associate Justice. WILLIAM J. BRENNAN, Jr., Associate Justice. THURGOOD MARSHALL, Associate Justice.1 officers of the court WILLIAM P. BARR, Attorney General.2 STEWART M. GERSON, Acting Attorney General.3 KENNETH W. STARR, Solicitor General.4 WILLIAM C. BRYSON, Acting Solicitor General.5 WILLIAM K. SUTER, Clerk. FRANK D. WAGNER, Reporter of Decisions. ALFRED WONG, Marshal. SHELLEY L. DOWLING, Librarian. *For notes, see p. iv. iii 506BV$$$iv 07-30-96 19:02:44 PGT · frt NOTES 1 Justice Marshall, who retired effective October 1, 1991 (502 U. S. vii), died on January 24, 1993. See post, p. vii. 2 Attorney General Barr resigned effective January 15, 1993. 3 Mr. Gerson became Acting Attorney General effective January 16, 1993. 4 Solicitor General Starr resigned effective January 20, 1993. 5 Mr. Bryson became Acting Solicitor General on January 20, 1993. iv 506BV$$$$V 07-30-96 19:42:15 PGT · frt SUPREME COURT OF THE UNITED STATES Allotment of Justices It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, effective November 1, 1991, viz.: For the District of Columbia Circuit, William H. Rehnquist, Chief Justice. For the First Circuit, David H. Souter, Associate Justice. For the Second Circuit, Clarence Thomas, Associate Justice. For the Third Circuit, David H. Souter, Associate Justice. For the Fourth Circuit, William H. Rehnquist, Chief Justice. For the Fifth Circuit, Antonin Scalia, Associate Justice. For the Sixth Circuit, John Paul Stevens, Associate Justice. For the Seventh Circuit, John Paul Stevens, Associate Justice. For the Eighth Circuit, Harry A. Blackmun, Associate Justice. For the Ninth Circuit, Sandra Day O’Connor, Associate Justice. For the Tenth Circuit, Byron R. White, Associate Justice. For the Eleventh Circuit, Anthony M. Kennedy, Associate Justice. For the Federal Circuit, William H. Rehnquist, Chief Justice. November 1, 1991. (For next previous allotment, and modi®cations, see 498 U. S., p. vi, and 501 U. S., p. v.) v 506BV$$VII 07-30-96 20:06:24 PGT · frt DEATH OF JUSTICE MARSHALL Supreme Court of the United States MONDAY, JANUARY 25, 1993 Present: Chief Justice Rehnquist, Justice Blackmun, Justice O’Connor, Justice Scalia, Justice Kennedy, Justice Souter, and Justice Thomas. The Chief Justice said: As we open this morning, I announce with sadness that our friend and colleague Thurgood Marshall, a former Justice of this Court, died yesterday, January 24, 1993, at the Na- tional Naval Medical Center, Bethesda, Maryland. Born in Baltimore, Maryland in 1908, Thurgood Marshall was the grandson of a Union soldier, his namesake, and a great-grandson of a slave. His father worked as a dining- car waiter and a chief steward at a segregated club, and early instilled in his son the urge to question the legal status of minorities in this country. His mother taught school for over three decades and devoted herself to her two sons while they were growing up. Justice Marshall worked his way through Lincoln University and excelled at Howard Univer- sity Law School under the tutelage of Charles Houston. After a brief period in solo practice in Baltimore, Justice Marshall joined the NAACP Legal Defense and Education Fund, eventually becoming its special counsel and, later, its director. The most in¯uential civil rights lawyer of this century, Justice Marshall designed and implemented the NAACP's legal strategy to eradicate racial discrimination in education, transportation, housing, and the voting booth. In vii 506BV$$VII 07-30-96 20:06:24 PGT · frt viii DEATH OF JUSTICE MARSHALL courthouses across the country, he became the champion of equal opportunity for minorities. As an advocate, Justice Marshall won 29 cases before this Court, including the land- mark Brown v. Board of Education. He left the NAACP when President Kennedy appointed him to the United States Court of Appeals for the Second Circuit in 1961. In 1965, President Johnson named him Solicitor General and, two years later, appointed him an As- sociate Justice of this Court. Justice Marshall's contributions to constitutional law be- fore his appointment to this Court were singular. These contributions alone would entitle him to a prominent place in American history had he never served on this Court. Building on those earlier accomplishments, he became an important voice in shaping the decisional law during his twenty-four years on the Supreme Court bench. The members of this Court will miss Justice Marshall's wit, warmth and charm, and I speak for them in expressing our profound sympathy to Mrs. Marshall, her sons Thurgood and John, the remainder of the Marshall family, and all those whose lives were touched by this extraordinary man. The recess this Court takes today will be in his memory. At an appropriate time, the traditional memorial observance of the Court and the Bar of the Court will be held in this Courtroom. 506rep$U12 07-30-96 23:25:19 PGT·TCR TABLE OF CASES REPORTED Note: All undesignated references herein to the United States Code are to the 1988 edition. Cases reported before page 801 are those decided with opinions of the Court or decisions per curiam. Cases reported on page 801 et seq. are those in which orders were entered. The opinion reported on page 1301 et seq. is that written in chambers by an individual Justice. Page A-Abart Electric Supply, Inc. v. Emerson Electric Co. ......... 867 Abate v. Goldsmith .................................... 991 Abbott v. United States ................................ 888 Abbott House; Admin'r, N. Y. C. Dept., Human Resources v. .... 954 Abdal Matiyn v. McKaskle .............................. 1025 Abeita v. United States ................................ 1040 Abel v. Pennsylvania .................................. 839 Abello-Silva v. United States .......................... 835,1087 Abilene; Creel v. ...................................... 962 Abrahamson; Brecht v. ................................. 806 Abusayed v. United States .............................. 924 Acevedo-Ramos v. United States ......................... 905 ACF Industries, Inc.; Department of Revenue of Ore. v. ...... 811,913 Ackerman v. Citibank (Ariz.) ............................ 1088 Ackerman, Hood & McQueen, Inc. v. EEOC ................. 817 ACME Resin Corp. v. Ashland Oil, Inc. .................... 865 Acoy v. NewYork..................................... 838 Ada v. Guam Society of Obstetricians & Gynecologists ......... 1011 Ada County Sheriff; Stevenson v. ......................... 1064 Adams v. Children's Mercy Hospital ....................... 991 Adams; Keene Corp. v. ................................. 973 Adams v. United States .............................. 871,1020 Adamson v. Runyon ................................... 976 Adetiba v. United States ............................... 845 Adkins v. Ratelle ..................................... 883 Adkins v. Safeway, Inc. ................................. 1049 Adler; Davenport v. ................................... 837 Administrator, N. Y. City Dept., Human Resources v. Abbott House 954 Administrator of Veterans Affairs; Traylor v. ................ 959 ix 506rep$U12 07-30-96 23:25:19 PGT·TCR x TABLE OF CASES REPORTED Page Adoptive Parents; Smith v. .............................. 1006 Adoptive Parents of M. N. M. v. M.J.L. ................... 1014 Aerovias Nacionales de Colombia; Buenavista Esmeralda Co. v. 818 Aetna Casualty & Surety Co.; Bank of Cumberland v. ......... 871 Aetna Casualty & Surety Co.; Sheet Metal Workers Union Local 38 Ins. and Welfare Fund v. ........................... 941 Aetna Ins. Co.; Jatoi v. ................................. 1081 Aetna Life Ins. Co.; Provident Life & Accident Ins. Co. v. ...... 870 Af®liated Bankshares of Colo., Inc.; Merrigan v. .............. 823 AFL±CIO; Jerabek v. .................................. 815 A. G. Edwards & Sons, Inc.; McCollough v. ................. 1050 Agia v. United States .................................. 1010 Aguilar, In re ........................................ 995 Aguilar v. United States ................................ 885 Aguilar-Aranceta v. United States ........................ 834 Aguirre v. United States ............................. 986,1049 Aham-Neze v. Sohio Supply Co. .......................... 917 Airline Bookstore v. Nicolosi ............................ 817 Airline Bookstore; Nicolosi v. ............................ 817 Aispuro;