October Term, 1983

Home , Anthony Russo (mobster), Christopher Landau, Cyrus Vance, David Ashworth, Dick DeGuerin, Edwin Byrne

OCTOBER TERM, 1983

Reference Index

Contents: Page Statistics n General m Appeals ni Arguments m Attorneys iv Briefs rv Certiorari xv Costs and Damages v Judgments, Mandates and Opinions v Miscellaneous vn Original Cases vm Parties ix Records x Rehearings x Rules x Stays and Bail x Conclusion xi

(i) STATISTICS AS OF JULY 5, 1984

In Forma Paid Original Pauperis Total Cases Cases

Number of cases on docket 18 2,688 2,394 5,100 Cases disposed of 7 2,148 1,985 4,140

Remaining on docket. 11 540 409 960

Cases docketed during term: Paid cases 2,168 In forma pauperis cases 2,050 Original cases 4 Total 4,222

Cases remaining from last term 878 Total cases on docket 5,100 Cases disposed of 4,140 Number remaining on docket 960 Petitions for certiorari granted: In paid cases Ill In in forma pauperis cases 9 Appeals granted: In paid cases 29 In in forma pauperis cases « 0 Total cases granted plenary review 149 Cases argued during term 184 Number disposed of by full opinions 174 Number disposed of by per curiam opinions 6 Number set for reargument next term 4 Cases available for argument at beginning of term 113 Disposed of summarily after review was granted 5 Original cases set for argument 3 Cases reviewed and decided without oral argument 86 Total cases available for argument at start of next term 80

Number of written opinions of the Court 151 Opinions per curiam in argued cases 6

Number of lawyers admitted to practice as of October 1, 1984: On written motion 3,692 On oral motion 1,022 Total 4,714 Ill

GENERAL: Page Court convened to announce beginning of October Term 1983, to release orders and to hear oral arguments on October 3, 1983; adjourned October 1, 1984 1, 741 Court sat without quorum to announce opinions in argued cases 635 Court sat twice in one day at 10:00 a.m. and 2:30 p.m. 733, 734 Stewart, J., (Retired), designated and assigned to USCA-1; USCA-3; and USCA-6 254,314,402 APPEALS: Appeal from Special Court, Regional Rail Reorganization Act of 1973, shall not be dismissed at this time. Time to docket appeal extended. Leave to file jurisdictional

statement in excess of page limits granted (No. ) .. 747 Dismissed for want of a final judgment (83-1513) 735 Judgment vacated and remanded for entry of fresh decree from which timely appeal may be taken to USCA-5 (83-1479) 617 Jurisdiction noted with respect to Question 1. In all other respects, judgment of USCA-1 1 affirmed. (83-812 and 83-929) 486 Order of USCA-8 transferring case to Supreme Court pursuant to 28 U. S. C. 1252 vacated and case remanded to USCA-8 to consider whether appellant has standing (83-637) 735 Stay of mandate pending appeal granted (A-974) 659 ARGUMENTS:

First argument of Term heard on October 3, 1983; last case of Term heard on April 25, 1984 79, 546 Argued pro se (82-1474) 318 Cases restored to calendar for oral argument and additional questions to be briefed and argued (82-1913, 82-1951, 83-18, and 83-712) 737, 738 Counsel invited to argue as amicus curiae in support of judgment below when leave to present oral argument pro se was denied (82-485). Case argued next day. Respondent Larry Flynt removed from Courtroom by order of the Chief Justice 161, 175 Counsel invited to argue as amicus curiae it appearing that respondent is not represented by a member of the Bar and case rescheduled for argument; case argued (82-1330) 229, 542 Counsel invited to argue sua sponte on motion of certain appellants to dismiss appeal (82-1295) 302 IV

ARGUMENTS—Continued Page Leave to argue pro hac vice denied (82-1721) 347 Leave to argue pro se denied (82-1721) 347 Suspension of call of calendar 538 ATTORNEYS: Application for admission denied (D-280) 7 Application for admission granted. Dissenting opinion by

the Chief Justice (No. , In the Matter of Admission of Larry Warner) 662 Application for admission granted. Three Justices would

deny application without prejudice (No. , In the Matter of Admission of Mark Edward Edison) 411 Application for readmission denied (D-216) 7 Application for admission granted. Dissenting opinion by the Chief Justice. Justice Blackmun would deny the

application without prejudice (No. , In the Matter of Admission of Daniel S. Zevin) 547 Appointment of counsel granted and leave granted for respondent to proceed in forma pauperis (83-850) 393 Counsel appointed (81-2149; 83-95; 83-128, 83-218, 83-346; 83-620; 83-328; 83-226; 83-904; 82-5920 and 83-1307) 7, 181, 267, 306, 325, 347, 348, 663 Counsel appointed pursuant to Rule 46.6 (83-1362, 83-1363, and 83-6392) 725 Resignation from Bar accepted (D-369; D-393; D-402; D-399; D-413; D-400; D-416; D-435) 266, 345, 464, 531, 548, 566, 640, 724 BRIEFS:

Leave to file amid curiae brief in support of rehearing denied (82-2083) 372 Leave to file response to supplemental brief after argument

denied (82-1295) .. 347 Leave to file supplemental brief as amicus curiae denied (82-945) 87 Leave to file supplemental brief pro se granted (82-1135) 8 Motion to strike appellees' brief denied (82-898 and 82-977) 86 CERTIORARI:

Application to suspend effect of order denying certiorari granted pending further order of Court (83-6350) 595 Certiorari dismissed for want of a final judgment (82-1870) 68 Certiorari dismissed. Molinaro v. New Jersey (83-5825) 423 Certiorari granted. Judgment (State) vacated and case remanded in light of position presently asserted by Attorney General (82-6830) 128 V

CERTIORARI—-Continued Page Certiorari granted. Judgment (USCA) vacated and case remanded in light of Government's concession of error (82-6848) 159 Certiorari granted limited to one question. Judgment (USCA) vacated and remanded (83-6413) 618 Certiorari granted. Parties directed to brief and argue additional question (82-1795) 12 Certiorari to Special Court, Regional Rail Reorganization Act of 1973, denied (83-1712) 602 Motion to dismiss writ for want of jurisdiction denied. (82-1845) 201 Motion of parties to defer consideration of petition for certiorari granted. Petition dismissed per Rule 53 on 6/13/84 (82-1074) 8 Opinion respecting denial of certiorari (83-791) 368

Writ dismissed it appearing respondent died (82-1711) .... 248 COSTS AND DAMAGES: Dissent from denial of leave to proceed in forma pauperis (82-6778, 82-6907, 82-6956, 83-5040, 83-5100, and 83-5349) 131 Leave to proceed in forma pauperis denied (82-6758; 82-6765; 83-5384; 83-5338; 83-5581; 83-5611; 83-5711, 83-5725, 83-5730; 83-5778, 83-5796; 83-5867, 83-5868; 83-5913; 83-6032, 83-6138; 83-6229; 83-5907; 83-6323; 83-6451; 83-6536; 83-6035, 83-6628; 83-6634 130, 131 161, 181, 201, 249, 268, 307, 326, 349, 413, 485, 532, 567, 568, 619, 664, 685 Leave to reconsider denial of in forma pauperis denied (82-6956, 83-5040; 83-5725; 83-5778) 249, 349, 439 Motion for attorney's fees denied without prejudice (83-538; 83-685) 335, 336 Motion for damages denied (82-2051; 82-2077; 82-6960; 83-27, 83-156; 83-284; 83-949; 83-1230; 83-1372; 83-1600; 83-1662; 83-1506) 68, 69, 72, 119, 422, 451, 514, 602, 648, 723 Motion to retax costs denied (82-1295 and 83-599) 724 JUDGMENTS, MANDATES AND OPINIONS: Judgments:

Appeal dismissed for want of jurisdiction. Treating the papers as petition for certiorari, certiorari granted. Judgment affirmed (82-1401) 459 VI

JUDGMENTS, MANDATES AND OPINIONS—Continued Page Judgments:

Appeal dismissed for want of jurisdiction. Treating the papers as petition for certiorari, certiorari granted. Judgment (USCA) with respect to punitive damages is reversed and case remanded (81-2159) 303 Certiorari granted. Judgment (USCA) vacated and case remanded without prejudice to raise issue of jurisdiction

of USCA to review judgment of Tax Court (82-1873) .. 324 Judgment (USCA) affirmed and case remanded (82-1994; 82-1988) 608,710 Judgment (USCA) affirmed by an equally divided Court (83-1) 475 Judgment (USCA) affirmed in part, reversed in part and case remanded to USDC (82-786) 407 Judgment (USCA) affirmed with respect to question of "cause" (83-218) 717 Judgment (USCA) allowing award of attorney's fees affirmed (82-1432) 586 Judgment (USCA) reversed and case remanded with instructions to dismiss the case (82-374) 386 Judgment (USCA) vacated and case remanded in light of

recent NLRB decision after certiorari granted (83-103) . 463 Judgment (USCA) vacated and case remanded to consider whether Voting Rights Act provides grounds for affirmance (82-1295) 477 Judgment (USCA) vacated and case remanded to USCA with directions to instruct USDC to conduct required further proceedings (82-738) 342 Judgment (USCA) vacated and case remanded to USCA with directions to instruct USDC to dismiss the complaint as moot (82-1925) 180 Motion to recall judgment denied (80-1577) 130 Writ dismissed as improvidently granted before argument (82-1367) 200 Writ dismissed as improvidently granted. Judgment rests on independent and adequate state grounds. Opinion per curiam (82-1845) 387 Writ dismissed as improvidently granted. Opinion per curiam (82-2042 and 82-1724) 559, 635 Mandates:

Certiorari granted. Judgment vacated and case remanded to state court to clarify record. Opinion per curiam (83-599) 529 vn

JUDGMENTS, MANDATES AND OPINIONS—Continued Page Mandates—Continued Certiorari granted. Judgment summarily reversed and case remanded to state court. Opinion per curiam (83-1338) 565 Case having been removed from argument calendar, judgment vacated and case remanded to state court (81-1636) 593 Opinions:

Injunction entered by USCA vacated in opinion of Court (81-757 and 81-970) 731 Judgment announced by Justice Powell and delivered opinion in which three Justices join (82-357) 303 Opinions in cases with same names announced on same day (83-614 and 82-1766) 719 MISCELLANEOUS: Certificate of probable cause denied (A-394) 229 Leave to dispense with printing full opinion of lower court granted (83-692) 286 Leave to dispense with printing trial court opinion denied

(No. , Menominee Tribe of Indians, et al. v. United States) 594

Leave to docket an appeal out-of-time denied (No. , James Bruce Groner v. Zygmond L. Slezak, et al.) 392 Leave to file jurisdictional statement that does not com-

ply with Rules denied (No. , Florence Talamini, Administratrix of Estate of John A. Talamini, De- ceased v. Allstate Insurance Company 503

file Leave to petition for certiorari out-of-time (No. ,

In Re Douglas R. Heflin, et al. and No. , John J. Smith, Personal Representative of the Estate of Ann S.

Olson v. United States; No. , P Stone, Inc. v. Kop-

pers Company, Inc., et al.; No. , Norman Castillo

v. United States; No. , Geneva H. Sayles v. Gerhard A. Gesell, Judge, United States District Court for the

District of Columbia; No. , Pez Mex, S.A. v. Con-

solidated Foods Corporation, et al.; No. , Laurence

W. Wardell v. Wilbert Holler, et al.; No. , Carl

Cuthbertson, et al. v. Biggers Brothers, Inc.; No. , International Union of Operating Engineers, Local 676 v. Archie M. Odom and Steadman S. Stahl, Jr.;

No. , Lillie R. Hill, etc. v. Sam Watts, etc., et al.;

No. , Chevron, U.S.A., Inc. v. Jay S. Hammond, et al.; 6, 85, 128, 324, 464, 484, 503, 530, 640, 684 VIII

MISCELLANEOUS—Continued Page

Leave to file petition for mandamus denied (No. , In Re Gurn H. Freeman) 6 Leave to file petition that does not comply with Rules denied (No. Roy E. Davis, etc. v. United States, et ,

aL; No. , Robert B. Eubank, etc. v. Lee Lumber

Company, Ltd., et al. and No. , Jack C. Givens,

etc., et al. v. United States Railroad Retirement Board

v. and No , Libertarian Party of Louisiana James H. Brown, Secretary of State of Louisiana, et al., No.

, Shelby County Sheriff's Department v. Deogracias

Ruiz; No. , Richard A. Lauchli v. United States;

No. , Amrit Lai v. CBS, Inc.; No. , Anthony

Fernandez v. Harry Kiner, et al.; No. , Kenneth R. Amnion, et al. v. Casper Weinberger, Secretary of Defense, et al.) 265, 503, 530, 594, 619, 640, 683 Leave to file petition with appendix that does not comply

with Rules (No. , Julius T. Cuyler, Superintendent,

Graterford Prison v. John Sullivan; No. , Profes- sional Positioners, Inc., etc., et al. v. T. P. Lab- oratories, Inc.) denied 484, 566

Leave to file petition with appendix that does not comply

with Rules granted (No. , Hoopa Valley Tribe of In- dians v. Jessie Short, et al.) 437 Leave to proceed in forma pauperis without filing Rule 46 affidavit denied (No. Larry E. Gaulmon v. United , States) 484 Motion for writ of error coram nobis denied (81-1859) 741 Motion to accept petition for writ of certiorari as timely filed, or to waive the Rules of the Court denied (No.

— Mary Marshall, etc. v. Burlington Northern, Inc.) • 619 — , ORIGINAL CASES:

8 Orig. —Motion for leave to file comments of proposed decree granted 86 Opinion per curiam and supplemental decree entered 501 9 Orig.—Additional partial payment awarded Special Master 130 Report of Special Master filed and briefing schedule set 549 Additional compensation allowed in part 619 35 Orig. —Report of Special Master on Rhode Island-New York boundary received and ordered filed; briefing schedule set 346 IX

ORIGINAL CASES—Continued Page Set for argument in due course 737 Divided argument granted 755 65 Orig.—Report of Special Master filed; briefing schedule set 393 Motion to remand case denied. Exception to Report overruled. Report and Recommenda- tion of Special Master approved 662 Former Special Master thanked and new Special Master appointed 724 Request of Special Master to be discharged granted 393 80 Orig.—Exceptions to Special Master's additional factual findings set for argument 130 Argued 299 Exceptions sustained and case dismissed in opinion of Court 654 Rehearing denied 748 84 Orig.—Report of Special Master on motion to intervene received and ordered filed 346 Exceptions to Report of Special Master set for argument in due course 86 Argued 317 Application for compensation granted; dissenting opinion by the Chief Justice 485 Opinion announced 496 94 Orig.—Leave granted parties to file supplemental memorandum; divided argument granted 7 Argument heard on motion for leave to file bill of complaint 83 Leave granted to file and Special Master to be appointed; judgment announced and opinion delivered 390 Special Master appointed 531 Leave of National Governors' Association to intervene as party plaintiff referred to Special Master 753 95 Orig.—Leave to file amicus curiae out-of-time granted. Leave to file bill of complaint denied 346 96 Orig.—Leave to file bill of complaint denied 266 97 Orig.—Leave to file bill of complaint denied 347 98 Orig.—Leave to file bill of complaint denied 438 PARTIES: Leave to intervene as party petitioner granted (83-1158) 439 Leave to intervene as party respondent granted (82-2058) 69 X

PAKTIES—Continued Page Motion to substitute another for deceased respondent granted (83-727) 684

RECORDS: Page

Leave to file supplemental joint appendix not in compliance with Rule 33 denied (82-1998) 249 REHEARINGS: Leave to reconsider order denying in forma pauperis motion denied (82-6502; 82-6702) 10, 11 Response to petition for rehearing requested; filed on 11/2/83; petition dismissed pursuant to Rule 53 on 5/7/84 (82-1770) 10 Stay of execution of sentence of death pending further order of Court granted and response to petition for

rehearing requested; rehearing denied (83-6610) .... 725, 753 RULES:

Rules 17.2, 20.1, and 47.3 of the Supreme Court Rules amended 740, 741 STAYS AND BAIL:

Application for certificate of probable cause and application for stay of execution of sentence of death denied (83-5720; 83-6388) (Autry executed on 3/14/84) 431 A-686 (Taylor executed 2/29/84); A-139 (Knighton executed 10/30/84) 408, 756A Application for stay of execution of sentence of death and certiorari denied (83-6533) (Sonnier executed 4/5/84); 499 84-6532 (Goode executed 4/5/84); 499 84-5378 (Dobbert executed 9/7/84); 756B 84-5383 (Baldwin executed 9/10/84) 757 Application for stay of execution of sentence of death denied (A-409) (Sullivan executed 11/30/83); 225 83-5902 (Williams executed 12/14/83); 259 83-5544 (Smith executed 12/15/83); 263 83-6017 (Hutchins executed 3/16/84); 304 A-22 (Stanley executed 7/12/84); 743 A-27 (Washington executed 7/13/84); 745 A-205 (Henry executed 9/20/84) 795 Application for stay of execution of sentence of death denied for reasons stated in USCA opinion (A-1030) (Shriner^executed 6/20/84) 699 Application for stay of execution of sentence of death granted; motion to vacate stay denied (A-455) 261, 345 XI

STAYS AND BAIL: Page Application to vacate stay of execution of sentence of death

denied (A-186; A-24; A-206) 7, 745, 795 Application to vacate stay of execution of sentence of death denied. Four Justices would grant (A-980) 637 Application to vacate stay of execution of sentence of death granted (A-910) (Adams executed 5/10/84) 563 Execution of sentence of death stayed sua sponte pending further order (83-6350) 595

Leave to file petition for habeas corpus denied (No. ); application for stay of execution of sentence of death denied; application for emergency relief denied (A-786, A-787, A-791) (O'Bryan executed 3/31/84) 463, 481 Motion to vacate stay of USCA mandate denied (82-1998) 201 Stay of execution of sentence of death denied in opinion per curiam (A-197); stay granted by Justice White 10/5/83 (A-242); motion to vacate stay denied (A-242) 80, 128 Stay of execution of sentence of death granted (83-6413; 83-6125; 83-6453) 464,485,486 CONCLUSION: Call of calendar suspended. Last scheduled argument April 25, 1984 538, 546 Final orders of Term entered September 19, 1984 795 Final recess order entered and announced by the Chief Justice 741

(JOURNAL) MONDAY, OCTOBER 3, 1983 1 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1983 Term for the Supreme Court of the United States is now convened." 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."

Appeals—Summary Disposition

No. 82-370. Marilyn Carpenter, Appellant v. Jay S. Hammond, Gov- ernor of Alaska. Appeal from the Supreme Court of Alaska. The appeal is dismissed for want of a substantial federal question.

No. 82-1710. Fox Ridge Associates & Co., Appellant v. Board of As- sessors of Marshfield. Appeal from the Supreme Judicial Court of Massachusetts. The appeal is dismissed for want of a substantial federal question. No. 82-1821. Exxon Corporation and Louisiana Land and Explora- tion Company, Appellants v. Ralph Eagerton, Jr., Commissioner of

Revenue of Alabama, et al.; and

No. 82-1835. Union Oil Company of California, et al., Appellants v. Ralph P. Eagerton, Jr., Commissioner of Revenue of the State of Ala- bama. Appeals from the Supreme Court of Alabama. The appeals are dismissed for want of a substantial federal question.

No. 82-1946. James L. Oyster, Appellant v. Elizabeth J. Oyster. Ap- peal from the Supreme Court of Virginia. The appeal is dismissed for want of a substantial federal question.

No. 82-2016. Richard L. Solyom, Appellant v. Maryland-National Capital Park and Planning Commission. Appeal from the Court of Spe- cial Appeals of Maryland. The appeal is dismissed for want of a substantial federal question.

No. 82-2059. John R. Bartlett, Jr., et al., Appellants v. Burch Wil- liams, et al. Appeal from the Supreme Court of Connecticut. The appeal is dismissed for want of a substantial federal question. 2 MONDAY, OCTOBER 3, 1983

No. 82-2116. Dalgety Foods, Inc., Appellant v. Angelina Avina. Ap- peal from the Court of Appeal of California, First Appellate District. The appeal is dismissed for want of a substantial federal question.

No. 82-2124. Wilson Archer, et al., Appellants v. Metropolitan Tran- sit Authority, et al. Appeal from the Court of Appeals of Texas, Third Supreme Judicial District. The appeal is dismissed for want of a substantial federal question.

No. 82-2125. Metropolitan Package Store Association, Inc., et al.,

Appellants v. Edward I. Koch, Mayor of the City of New York, et al. Appeal from the Appellate Division, Supreme Court of New York, Third Judicial Department. The appeal is dismissed for want of a substantial federal question.

No. 82-6732. David Felix, Appellant v. New York. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question.

No. 82-7019. James Secrest, Appellant, v. South Dakota. Appeal from the Supreme Court of South Dakota. The appeal is dismissed for want of a substantial federal question.

No. 83-43. Cleveland Electric Illuminating Company, Appellant v.

Public Utilities Commission of Ohio, et al. Appeal from the Supreme Court of Ohio. The appeal is dismissed for want of a substantial federal question.

No. 83-48. Brian K. Dunlap and Revel L. Freeman, Appellants v. Il- linois. Appeal from the Appellate Court of Illinois, Fifth District. The appeal is dismissed for want of a substantial federal question.

No. 83-174. Thomas R. Angel and Loretta C. Angel, Appellants v. Kevin W. Midlam, et al. Appeal from the Court of Appeal of California, Fourth Appellate District. The appeal is dismissed for want of a substantial federal question.

No. 82-1156. Teledyne Movible Offshore, Inc., et al., Appellants v. Dan Thompson. Appeal from the Supreme Court of Louisiana. The appeal is dismissed for want of a substantial federal question. Justice Powell, Justice Rehnquist and Justice O'Connor would note probable jurisdiction and set the case for oral argument.

No. 82-1499. Larry Marquez, Appellant v. Texas. Appeal from the Court of Criminal Appeals of Texas. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-1856. Henry Anderson, Appellant v. Berniece V. Fisher and Carl Burnham, Jr. Appeal from the United States Court of Appeals for MONDAY, OCTOBER 3, 1983 3 the Ninth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-1947. Erich Koker, et ux., Appellants v. Frederick V. Betts, et ux. , et al. Appeal from the Supreme Court of Washington. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-2049. Jimmy Andrew Jojola, Appellant v. New Mexico, etc. Appeal from the Supreme Court of New Mexico. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-2054. Claude V. Falkenhan, Appellant v. Pennsylvania. Ap- peal from the Superior Court of Pennsylvania, Pittsburgh Office. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-2096. Thomas W. Moore, Appellant v. Michael N. Khourie, et al. Appeal from the United States Court of Appeals for the Ninth Cir- cuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-2099. Robert L. Giuliani, Appellant v. Walter G. Chuck. Ap- peal from the Intermediate Court of Appeals of Hawaii. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. No. 82-2115. First National Bank and Trust Company of Evanston, etc., Appellants. Edward J. Rosewell, County Treasurer, et al. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a pe-

tition for writ of certiorari, certiorari is denied.

No. 82-2132. Warren K. Lewellen, et al., Appellants v. Commis- sioner of Internal Revenue. Appeal from the United States Court of Appeals for the First Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-6720. Olga Ogrod, Appellant v. Tomlinson Court Apartments. Appeal from the United States Court of Appeals for the Third Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers 4 MONDAY, OCTOBER 3, 1983 whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-6721. Olga Ogrod and Greg J. Ogrod, Appellants v. School District of Philadelphia. Appeal from the United States Court of Ap- peals for the Third Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-6783. Thomas M. Spence, Appellant v. Joseph 0. Rodgers, Jr., et al. Appeal from the United States Court of Appeals for the Fourth Circuit. The appeal is dismissed for want of jurisdiction. Treat- ing the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-6850. Olga Ogrod, Appellant v. George C. Weiss, et al.; and Olga Ogrod v. George C. Weiss, et al. Appeal from the United States Court of Appeals for the Third Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-6989. Millicent Linden, Appellant v. New York. Appeal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-19. Stuart R. Crane, et ux., Appellants v. Michigan, et al. Appeal from the Court of Appeals of Michigan. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5072. Oscar E. Weigang, Jr., Appellant v. Paul Silverman, et al. Appeal from the Supreme Judicial Court of Maine. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5199. Olga Ogrod, Appellant v. George C. Weiss, et al. Ap- peal from the United States District Court for the Eastern District of Pennsylvania. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 82-1840. Henry J. Kirksey, et al., Appellants v. Mississippi and United States. Appeal from the United States District Court for the District of Columbia. The judgment is affirmed. Justice Marshall would note probable jurisdiction and set the case for oral argument.

No. 82-1868. Arnold Transit Company, Inc., et al., Appellants v. City of Mackinac Island, etc. Appeal from the Supreme Court of Michi- MONDAY, OCTOBER 3, 1983 5 gan. The appeal is dismissed for want of a substantial federal question. Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 82-2005. William Mark Watkins, Appellant v. W. P. Roche, Jr. Appeal from the Supreme Court of Georgia. The appeal is dismissed for want of jurisdiction. No. 82-2070. International Society for Krishna Consciousness, Ap- pellant v. Charles F. Marsland, Jr., etc. Appeal from the Supreme Court of Hawaii. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice Marshall would note probable jurisdiction and set the case for oral argument.

No. 82-6950. Robert Santiago, Appellant v. Pennsylvania. Appeal from the Supreme Court of Pennsylvania, Eastern District. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice Marshall would note probable jurisdiction and set the case for oral argument.

No. 82-6583. Diane Daniel, Appellant v. Walter R. Collier. Appeal from the Court of Appeals of Michigan. The motion of appellant for leave to proceed in forma pauperis is granted. The judgment is vacated and the case is remanded to the Court of Appeals of Michigan for further consideration in light of Pickett v. Brown, 462 U.S. —L (1983).

No. 83-6. Carroll D. Besadny, etc., et al., Appellants v. Lac Courte

Oreilles Band of Lake Superior Chippewa Indians, et al. Appeal from the United States Court of Appeals for the Seventh Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Brennan, Justice Marshall and Justice Stevens would affirm the judgment.

No. 83-91. Aptos Seascape Corporation, Appellant v. County of

Santa Cruz, et al. Appeal from the Court of Appeal of California, First Appellate District. The appeal is dismissed for want of a final judgment.

Certiorari—Summary Disposition

No. 82-1705. National Labor Relations Board, Petitioner v. New York University Medical Center. 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 6 MONDAY, OCTOBER 3, 1983

for further consideration in light of National Labor Relations Board v. Transportation Management Corp., 462 U.S. (1983).

No. 82-1828. United States Environmental Protection Agency, Peti-

tioner v. Northern Plains Resource Council, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit. 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 Ruckelshaus v. Sierra Club, 463 U.S. (1983).

No. 82-1944. United States, Petitioner v. Stephen A. Gonsalves. 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 remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of United States v. Hasting, 461 U.S. (1983).

No. 82-1975. District 1199, National Union of Hospital and Health

Care Employees, etc., Petitioner v. Yolande Assad, et al. On petition for writ of certiorari to the United States Court of Appeals for the Sec- ond 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 Second Circuit for further consideration in light of DelCostello v. International Brotherhood of Teamsters, 462 U.S. (1983).

Orders in Pending Cases

No. . In Re Gurn H. Freeman. The motion to direct the Clerk to file a petition for writ of mandamus is denied.

No. . Douglas R. Heflin, et al., Petitioner v. Kentucky State

Racing Commission, et al. The motion to direct the Clerk to file a peti-

tion for writ of certiorari out-of-time is denied.

No. . John J. Smith, Personal Representative of the Estate of Ann S. Olson, Petitioner v. United States. The motion to direct the

Clerk to file a petition for writ of certiorari out-of-time is denied.

No. A-108. Henry S. Branscome, Inc. and Henry S. Branscome, Ap-

plicants v. United States. The application for stay of the mandate of the United States Court of Appeals for the Fourth Circuit, presented to Justice Brennan and by him referred to the Court, is denied. The order, heretofore entered by Justice Brennan, is vacated. MONDAY, OCTOBER 3, 1983 7

No. A-115. Jules W. Noble, Applicant v. United States. The application for stay of mandate addressed to Justice Rehnquist and referred to the Court is denied.

No. A-162. Clarksdale Baptist Church, Applicant v. William H.

Green, et al. The application for stay pending appeal addressed to Jus- tice Powell and referred to the Court is denied. No. A-186. Ralph M. Kemp, Superintendent, Georgia Diagnostic and

Classification Center, Applicant v. John Eldon Smith. The application to vacate the stay of execution of sentence of death addressed to the

Chief Justice and referred to the Court is denied. No. D-216. In the Matter of Mahendra R. Mehta. The application for readmission to the Bar of this Court is denied. No. D-280. In the Matter of Julius Stern. The application for admission to the Bar of this Court presented to Justice Marshall and by him referred to the Court is denied. Justice Marshall and Justice Stevens would grant the application. No. D-339. In the Matter of Disbarment of Carl Leibowitz. Disbar- ment order entered. No. D-343. In the Matter of Disbarment of Thomas Francis McGrath, Jr. Disbarment order entered. No. D-350. In the Matter of Disbarment of Andrew A. Bucci. Disbar- ment order entered. No. D-356. In the Matter of Disbarment of James Allen Gordon, Jr. Disbarment order entered. No. D-362. In the Matter of Disbarment of Arnold Herman Crane. Disbarment order entered.

No. 94, Original. State of South Carolina, Plaintiff v. Donald T. Regan, Secretary of the Treasury of the United States. The motion of the defendant for leave to file a supplemental memorandum is granted. The motion of the plaintiff for leave to file a supplemental memorandum is granted. The motion of plaintiff and Texas for divided argument is

granted. The motion of National Association of Counties, et al. for leave to file a brief as amici curiae is granted.

No. 81-1335. District of Columbia Court of Appeals, et al., Petition- ers v. Marc Feldman and Edward J. Hickey, Jr. The motion of respondents to retax costs is denied.

No. 81-2149. Herman Solem, Warden, Petitioner v. Norman Stumes.

The motion for appointment of counsel is granted and it is ordered that Timothy J. McGreevy, Esquire, of Sioux Falls, South Dakota, is appointed to serve as counsel for the respondent in this case. 8 MONDAY, OCTOBER 3, 1983

No. 82-52. Arizona Governing Committee for Tax Deferred Annuity and Deferred Compensation Plans, etc., et al., Petitioners v. Nathalie

Norris, etc. The motion of respondent to retax costs is denied.

No. 82-206. Firefighters Local Union No. 1784, Petitioner v. Carl W.

Stotts, et al.; and

No. 82-229. Memphis Fire Department, et al., Petitioners v. Carl W.

Stotts, etc., et al. The motion of petitioners for divided argument is denied. The motion of respondents for divided argument and for additional time for oral argument is denied. The motion of the Solicitor Gen- eral for leave to participate in oral argument as amicus curiae and for divided argument is granted and ten minutes of petitioners' time for oral argument are allotted for that purpose.

No. 82-282. Thomas C. McCain and William Spencer, etc., Appel- lants v. Charles E. Lybrand, 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. 82-792. Grove City College, Individually and on behalf of its students, et al., Petitioners v. Terrel H. Bell, Secretary of Education, et al. The motion of American Association of University Women, et al. for reconsideration of order denying motion for leave to participate in oral argument as amici curiae is denied. No. 82-945. Sure-Tan, Inc. and Surak Leather Company, Petitioners

v. National Labor Relations Board. The motion of Asian American

Legal Defense and Educational Fund, et al. for leave to file a brief as amici curiae is granted.

No. 82-1031. Jefferson Parish Hospital District No. 2, et al, Peti- tioners i'. Edwin G. Hyde. The motion of American Society of Anesthe-

siologists, Inc. for leave to file out-of- time motion for leave to partici-

pate in oral argument as amicus curiae and for divided argument is denied.

No. 82-1074. American Cast Iron Pipe Company, Petitioner v. Rush

Pettway, et al. The motion of the parties to defer consideration of the

petition for a writ of certiorari is granted.

No. 82-1135. W. J. Estelle, Jr., Director, Texas Department of Cor-

rections, Petitioner v. Carl Edwin Wiggins. The motion of respondent pro se for leave to file supplemental brief on the merits is granted.

No. 82-1150. Howard Ellis, et al., Petitioners v. Brotherhood of Rail- way, Airline and Steamship Clerks, Freight Handlers, Express and

Station Employees, et al. The motion of State Bar of California for

leave to file a brief as amicus curiae is granted. MONDAY, OCTOBER 3, 1983 9

No. 82-1186. Trans World Airlines, Inc., Petitioner v. Franklin Mint

Corporation, et al.; and

No. 82-1465. Franklin Mint Corporation, et al. , Petitioners v. Trans World Airlines, Inc. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 82-1213. New York, Petitioner v. Benjamin Quarles. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 82-1253. Herman S. Solem, Warden, and Mark V. Meierhenry, Attorney General of South Dakota, Petitioners v. John Bartlett. The motion of Dewey County, South Dakota, et al. for leave to participate in oral argument as amici curiae and for divided argument is granted. The request for additional time for oral argument is denied.

No. 82-1260. Copperweld Corporation, et al., Petitioners v. Inde- pendence Tube Corporation. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted and ten minutes of petitioners' time for oral argument are allotted for that purpose. Justice White took no part in the consideration or decision of this motion.

No. 82-1349. United States, Petitioner v. S. A. Empresa De Viacao Aerea Rio Grandense (Varig Airlines) and United States, Petitioner v. Emma Rosa Mascher; and

No. 82-1350. United States, Petitioner v. United Scottish Insurance

Co. , et al. The motion of respondents for divided argument is denied.

No. 82-1474. Charles R. Hoover, et al., Petitioners v. Edward Ronwin. The motion of National Conference of Bar Examiners for leave to file a brief as amicus curiae is granted. The motion of State Bar of

California for leave to file a brief as amicus curiae is granted. Justice O'Connor took no part in the consideration or decision of these motions.

No. 82-1554. Charles E. Strickland, Superintendent, Florida State

Prison, et al., Petitioners v. David Leroy Washington. The motion of

Washington Legal Foundation for leave to file a brief as amicus curiae is granted. No. 82-1591. William D. Ruckelshaus, Administrator, Environmen- tal Protection Agency, Petitioner v. Natural Resources Defense Coun- cil, Inc. , et al. The motion of American Gas Association for leave to file a brief as amicus curiae is granted. 10 MONDAY, OCTOBER 3, 1983

No. 82-1651. Crispus Nix, Warden, Petitioner v. Robert Anthony Williams. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 82-1711. Colorado, Petitioner v. Fidel Quintero. The motion of Appellate Committee of the California District Attorneys Association, et al. for leave to file a brief as amici curiae is granted.

No. 82-1770. National Enquirer, Inc., Petitioner v. Superior Court of California, County of Los Angeles (Shirley Jones and Marty Ingels,

Real Parties in Interest). Respondent Jones is requested to file a response to the petition for rehearing within thirty days.

No. 82-1876. Foremost Pro Color, Inc., Petitioner v. Eastman Kodak

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

No. 82-1888. Volkswagenwerk Aktiengesellschaft, Appellant v. Jo- seph Falzon, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 82-1899. Trans World Airlines, Inc., Appellant v. New York State Human Rights Appeal Board, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 82-1938. California, et al, Petitioners v. Standard Oil Company of California, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 82-2128. American Telephone and Telegraph Company, et al,

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

No. 82-2157. Central States, Southeast and Southwest Areas Pen- sion Fund, et al., Petitioners v. Central Transport, Inc., et al. The motion of Arthur Young & Company for leave to file a brief as amicus curiae is granted. The motion of Bricklayers Fringe Benefit

Funds-Metropolitan Area, et al. for leave to file a brief as amici curiae is granted. The motion of National Coordinating Committee for Multi- employer Plans for leave to file a brief as amicus curiae is granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 82-6502. In Re Thomas L. Rush, petitioner. The motion of petitioner to reconsider order denying leave to proceed in forma pauperis is denied. MONDAY, OCTOBER 3, 1983 11

No. 82-6702. Edward A. Ganey, Petitioner v. Jacob L. Safron, et al. The motion of petitioner to reconsider order denying leave to proceed in forma pauperis is denied. No. 83-334. Board of School Commissioners of Mobile County, Ala- bama, et al., Appellants v. Leila G. Brown, et al. The application for stay of enforcement of judgment addressed to Justice Stevens and referred to the Court is denied.

Appeals—Jurisdiction Noted

No. 82-1579. Hayfleld Northern Railroad Company, Inc. and Minne- sota, Appellants v. Chicago and North Western Transportation Com- pany. Appeal from the United States Court of Appeals for the Eighth Circuit. In this case probable jurisdiction is noted.

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan

Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v. San Antonio Metropolitan Transit Authority, et al. Appeals from the United States District Court for the Western District of Texas. 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. 82-1721. Seattle Times Company, et al., Petitioners v. Keith Mil- ton Rhinehart, et al. Petition for writ of certiorari to the Supreme Court of Washington granted.

No. 82-1724. New York, Petitioner v. Robert Uplinger and Susan Butler. Petition for writ of certiorari to the Court of Appeals of New York granted.

No. 82-1766. Securities Industry Association, 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 Appeals for the District of Columbia Circuit granted.

No. 82-1845. Colorado, Petitioner v. Antonio Guadalupe Nunez. Peti- tion for writ of certiorari to the Supreme Court of Colorado granted. No. 82-1925. United States Department of State and George P.

Shultz, Secretary of State, Petitioners v. Washington Post Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 82-1998. James G. Watt, Secretary of the Interior, et al., Peti-

tioners v. Community for Creative Non-Violence, et al. Petition for 12 MONDAY, OCTOBER 3, 1983, 1983 writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 83-56. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Community Health Services of Crawford

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

No. 83-87. Board of Education of Paris Union School District No. 95, et al., Petitioners v. Jesse A. Vail. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 83-96. Joanne Limbach, Tax Commissioner of Ohio, Petitioner v. The Hooven & Allison Company. Petition for writ of certiorari to the Supreme Court of Ohio granted.

No. 83-219. Gary McDonald, Petitioner v. City of West Branch,

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

No. 82-1795. Capital Cities Cable, Inc., et al., Petitioners v. Richard A. Crisp, Director, Oklahoma Alcoholic Beverage Control Board. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted. In addition to the Questions Presented by the petitioners, the parties are directed to brief and argue the following question: Whether the state's regulation of liquor advertising, as ap- plied to out-of-state broadcast signals, is valid in light of existing federal regulation of cable broadcasting.

No. 82-1860. Schneider Moving & Storage Company, Petitioner v. Loran W. Robbins, et al.; and

No. 82-1862. Prosser's Moving and Storage Company, Petitioner v.

Loran W. Robbins, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 82-1988. Bruce Tower, etc., et al. Petitioners v. Billy Irl Glover. 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 granted.

Certiorari Denied

No. 82-1325. I. A.M. National Pension Fund, Petitioner v. Madge H.

Elser, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, OCTOBER 3, 1983 13

No. 82-1450. In Re Milton Philip Schulman, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1486. Chevron Chemical Company, Petitioner v. Horace W. Gilmore, Judge, United States District Court for the Eastern District of Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 82-1600. William Gibbons, Trustee of the Property of Chicago, Rock Island and Pacific Railroad Company, Petitioner v. National Steel Service Center, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-1607. Bunkfeldt Broadcasting Corporation, Petitioner v. Fed- eral Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 82-1635. Paul A. Lanigan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-1636. Patrick L. Bamett, et ux., Petitioners v. Leonard Earl

Falvey, et ux., et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 82-1644. Virginia L. Swain, Petitioner v. John Lehman, Jr., Sec- retary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 82-1645. Julius Goldman's Egg City, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 82-1667. George S. Leach, Petitioner v. United States Postal

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

No. 82-1670. Chitimacha Tribe of Louisiana, et al., Petitioners v.

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

No. 82-1676. Sovereign News Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1685. Multistate Legal Studies, Inc., Petitioner v. David L.

Ladd, Register of Copyrights, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 14 MONDAY, OCTOBER 3, 1983

No. 82-1687. George Wuagneux, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-1692. Robert Argento and Joseph Sansone, Petitioners v. Bennie Lenard. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-1698. Mabel Nevin, 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. 82-1713. Elizabeth A. Frame, et al., Petitioners v. South Bend

Community School Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-1725. Massachusetts, Petitioner v. Norman C. Gagnon and Philip C. Chouinard. Petition for writ of certiorari to the Supreme Judi- cial Court of Massachusetts denied.

No. 82-1731. Robert C. Herzfeld, et al, Petitioners v. United States

District Court for the District of Colorado, et al.; No. 82-1732. Robert F. Brown and RFB Petroleum, Inc., etc., Peti- tioners v. Trenton H. Parker, et al.; and No. 82-1815. Elizabeth Eken and William Johnson, etc., Petitioners v. International Mining Exchange, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 82-1754. Maritime International Nominees Establishment, Peti- tioner v. Republic of Guinea, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 82-1760. Health Care Plan of New Jersey, Inc., etc., Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services, et

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

No. 82-1767. Hatteras, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1768. Commonwealth Edison Company, Petitioner v. Charles

A. Getto, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First Judicial District, denied. No. 82-1769. Lakewood, Ohio Congregation of Jehovah's Witnesses, Inc., Petitioner v. City of Lakewood, Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, OCTOBER 3, 1983 15

No. 82-1781. Joseph J. Webster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1785. Citadel Corp., Petitioner v. Puerto Rico Highway Au- thority, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-1788. Alabama Power Company, Petitioner v. Nuclear Regu- latory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-1799. James Burke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-1805. Johnson County Memorial Hospital, et al., Petitioners v. Margaret M. Heckler, Secretary of Health and Human Services. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-1806. Hawaiian Independent Refinery, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 82-1807. Albert Shields, Jr. Heir of Albert Shields, Sr., 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. 82-1811. Desert Palace, Inc., Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1812. Leroy B. Fortner, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 82-1814. City of Fort Lauderdale, Florida, Petitioner v. Arthur Farmer. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 82-1817. Eddie Harlaux, et al., Petitioners v. Leroy Harlaux. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 82-1820. Carol Duerr, Petitioner v. Ohio; and

No. 82-6699. Catherine Duerr, Petitioner v. Ohio. Petitions for writs of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. 16 MONDAY, OCTOBER 3, 1983

No. 82-1823. West Coast Media, Inc., Petitioner v. Federal Commu- nications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 82-1824. Robert A. Hirschfeld, et al., Petitioners v. Raymond F. Dreyer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-1825. Florida Tile Company, Division of Sikes Corporation, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1826. Archie Bond, Jr., et al., Petitioners v. General Motors

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

No. 82-1833. Angel Santiago, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 82-1842. Allen J. Wright, Jr., Petitioner v. Defense Logistics Agency. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 82-1843. Kenneth A. Merena, Petitioner v. Norman Sato, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-1844. Central National Bank of Poteau, Oklahoma, Petitioner v . Coal Washer Rental Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-1846. Ronald W. Andrews, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-1849. Leonard B. Hebert, Jr. & Co., Inc., et al., Petitioners v. National Labor Relation Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1851. James Pendleton and Samuel Thompson, Petitioners v. United Parcel Service and Teamsters Local No. 667. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1854. Boaz Avitzur, Petitioner v. Susan Roe Avitzur. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 82-1855. Interlox Punch & Die Corporation, et al., Petitioners v. Insilco Corporation, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. MONDAY, OCTOBER 3, 1983 17

No. 82-1858. Stanley Seymour Palmer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-1864. 131.68 Acres of Land, more or less situated in St. James

Parish, Louisiana, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1867. Ben Kozloff, Inc., Petitioner v. Wells Fargo Business Credit. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 82-1869. Morris L. Lewy, et al., Petitioners v. William B. Wein- berger, et al; and

No. 82-2098. Charles M. Coyne, et al., Petitioners v. William B.

Weinberger, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-1871. Texas, Petitioner v. Platoro Limited, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1872. Howard Messner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-1874. David W. Deakyne, Petitioner v. Department of the Army Corps of Engineers of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-1875. Carpet Seaming Tape Licensing Corporation, Peti- tioner v.- Best Seam, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1880. Norris Industries, Inc., Petitioner, v. International Telephone and Telegraph Corporation and David L. Ladd, Register of Copyrights. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-1881. John Doe, Petitioner v. Executive Securities Corpora- tion, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-1883. Robert F. Fehlhaber, etc., Petitioner v. Verone Marin Fehlhaber. Petition for writ of certiorari to the U. S. Court of Appeals for the Eleventh Circuit denied. 18 MONDAY, OCTOBER 3, 1983

No. 82-1884. A. Juan Jorge Morales, Petitioner v. New York Univer- sity, et al. Petition for writ of certiorari to the Appellate Division, Su- preme Court of New York, First Judicial Department, denied.

No. 82-1886. F. Langwith Berry, Petitioner v. Earl C. Berger. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 82-1892. Hayes Oilfield Construction Company, Inc., Petitioner v. United States Fidelity & Guaranty Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1893. Gregory R. Clark, etc., et al., Petitioners v. Arizona

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

No. 82-1894. James Nolan Aldrich, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 82-1897. First Catholic Slovak Ladies Association, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1898. Robert J. Kondrat, Petitioner v. Melvin G. Schaefer, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Lake County, denied.

No. 82-1900. Louis Siano, Petitioner v. Justices of Massachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-1901. Louis Siano, Petitioner v. United States Fidelity and

Guaranty Co., et al. Petition for writ of certiorari to the Supreme Judi- cial Court of Massachusetts denied.

No. 82-1903. Charles William O'Brien, Petitioner v. Wilcox & Schlosser Co., L.P.A. Petition for writ of certiorari to the Court of Ap- peals of Ohio, Franklin County, denied.

No. 82-1904. Cheryl Sue Watson, et al., Petitioners v. Joe Bartlett, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 82-1905. Sun Chemical Corporation, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 82-1906. Laclede Gas Company, Petitioner v. Office of Public Counsel of Missouri, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. MONDAY, OCTOBER 3, 1983 19

No. 82-1907. Mississippi Power Company, Petitioner v. Mississippi Public Service Commission, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 82-1908. Manuel Cardosa and Mary L. Cardosa, Petitioners v. Lucy Morales. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

No. 82-1910. Anchor Motor Freight, Inc., Petitioner v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union No. 377, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1914. Evelyn Falkowski, Petitioner v. Bertram N. Perry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-1915. California, Petitioner v. Vincent Harvier, Chairman of the Quechan Tribal Council, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1917. Gary Aircraft Corporation, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 82-1918. Paul M. Norman, Ramon F. Arce and Robert L. Bry- ant, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-1919. Rowan Companies, Inc., et al., Petitioners v. Marathon Pipeline Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1920. Alabama, Petitioner v. William R. Gordon, Judge, Cir- cuit Court of Montgomery (William Sanford Eley, II, Real Party in In- terest). Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 82-1921. Brahma S. Kaushiva, Petitioner v. Allen M. Hutter. Pe- tition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-1923. California, Petitioner v. John Walter Carroll. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 82-1927. Florida, Petitioner v. Von Dee Gragg. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 82-1929. Victor M. Eisenbeiss, Jr., Petitioner v. James Hubert Jarrell, et al. Petition for writ of certiorari to the Court of Special Ap- peals of Maryland denied. 20 MONDAY, OCTOBER 3, 1983

No. 82-1931. Eli Mesirow and Thomas Morris, Petitioners v. Pepper- idge Farm, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1932. Myles E. Billups, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-1935. Demyan's Hofbrau, Inc., Petitioner v. INA Underwrit- ers Insurance Co. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-1936. Hugo Rodriguez, Petitioner v. Flota Mercante

Grancolombiana, S.A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-1939. Patricia W. Dixon, Petitioners. Charles A. Dixon. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied.

No. 82-1942. John R. Hoffman, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 82-1943. Joseph Gann, Inc. , Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-1945. Oceanic Contractors, Inc., et al., Petitioners v. Leland Cormier. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1948. Ed Cantrell, Petitioner v. Rebecca L. Rosa, as Personal Representative of the Estate of Michael Rosa, Deceased, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-1949. Lois Evelyne Shaff, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1950. Church of Christ of Collinsville, Oklahoma, et al., Peti- tioners v. Tony Graham, Judge of the Fourteenth Judicial District of Oklahoma, et al. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 82-1952. Leo E. Balk, Petitioner v. United States Information Agency. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 82-1953. Gary Morris Pride, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, OCTOBER 3, 1983 21

No. 82-1954. Joseph Abadi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 82-1956. Alex Morningstar, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 82-1960. Earl Brennan, et al., Petitioners v. City of Los Ange- les. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 82-1962. L. A. Steele, Petitioner v. Allen L. Lamar. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1963. John D. Herbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1964. Benny Coniglio, Petitioner v. Warden, Clinton Correc- tional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-1965. Frances Wynshaw, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-1966. Anicetas Simutis, etc., Petitioner v. Boris Pranas Daniunas and Augustinas-Vitautas Augustonivich Morkunas. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 82-1967. Anthony Zirpolo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-1968. Arkla, Inc., Petitioner v. Frank J. Hall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 82-1969. Klamath-Lake Pharmaceutical Association, Petitioner v. Klamath Medical Service Bureau and Klamath Bureau Pharmacy, In- corporated. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1972. Mark Hochanadel, Petitioner v. Detco Trailer, Inc. and Lawrence Cornell. Petition for writ of certiorari to the Court of Ap- peals of Kansas denied.

No. 82-1973. Caroline Jeanette Brister, etc., et al., Petitioners v.

Parish of Jefferson, Louisiana, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied. 22 MONDAY, OCTOBER 3, 1983

No. 82-1978. Clyde A. Simpson, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsyl- vania denied.

No. 82-1979. Daniel Lever Woodside, Petitioner v. Postmaster Gen- eral of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-1980. Helen Smith, Petitioner v. Fred H. Harmsen, et al.; and

No. 82-1982. Carol Smith Shannon, et al. Petitioners v. Fred H.

Harmsen, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-1981. Meynardo Montemayor and Manuel Montemayor, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1985. David Cosoff and Helen Finkelstein, Petitioners v.

Charles G. Rodman, Trustee of W.T. Grant, Bankrupt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 82-1987. Monsour Ferris, a/k/a/ Monte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 82-1989. Bennett H. Brummer, etc., et al., Petitioners v. Flor- ida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 82-1991. Catherine Elizabeth Schwarz, Petitioner v. Coastal Re- sources Management, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-1992. Artie International, Inc., Petitioner v. Midway Mfg. Co. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-1995. Edward Nembhard and James Wilson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1996. Chase Foundry & Manufacturing Co., Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 82-1999. Pablo Lazaro Chavez, Petitioner v. Jim Smith, Attor- ney General of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, OCTOBER 3, 1983 23

No. 82-2000. Arthur Green, Petitioner v. Joseph Green and Mary (Green) Stern. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 82-2001. Guy Vander Jagt, et al., Petitioners v. Thomas P.

O'Neill, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 82-2002. H.J. Justin & Sons, Inc. d/b/a Justin Boot Company, Petitioner v. George Deukmejian, Governor of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2004. Darfrente Tuason Nibungco, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 82-2009. Creig Lee Dill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-2010. Berthold R. Kuellmar, et ux., Petitioners v. Village of

Brookfield. Petition for writ of certiorari to the Appellate Court of Illi- nois, First District, denied.

No. 82-2012. Albert T. Ehlers, Petitioner v. City of Decatur, Geor- gia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-2014. South Park Independent School District, Petitioner v.

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

No. 82-2018. Merrill Lynch, Pierce, Fenner & Smith Incorporated, Petitioner v. Jung Ja Malandris. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-2020. Alyce Hovsepian aka Alyce Hovsepian Hughes, Peti-

tioner v. George F. Neff, etc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Supreme Judical District, denied.

No. 82-2021. Benedick A. Marsh, Petitioners City of Oakland. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2022. James Beil, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. 24 MONDAY. OCTOBER 3, 1983

No. 82-2023. Paul Richard Ashe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2024. John Early and Stephen Early, Petitioners v. Eastern

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

No. 82-2025. Chavis Teal, Petitioner v. Morrison-Knudsen Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 82-2026. Joseph H. Weston, Petitioner v. Ann Bachman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-2027. Dale Eugene Schmidt, Petitioner v. Iowa, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-2029. Barry J. Fakier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 82-2031. Gerald Wayne Case, Larry Ronald Duke, Robert Cur-

tis Hubbard and Charles Thad Standley, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-2032. Gabriel C. Nedeczky, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Greene County, denied.

No. 82-2033. Associated Builders & Contractors, etc., et al., Peti- tioners v. Carpenters Vacation and Holiday Trust Fund, etc., et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2035. Hervey Jackson, Petitioner v. Ronald F. Handley, et al. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 82-2036. Ralph Roger Bergman, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 82-2037. John Castano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. MONDAY, OCTOBER 3, 1983 25

No. 82-2038. John F. Salsbury, etc., Petitioner v. Erie County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-2039. John O'Neill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-2041. Earl R. Johnson, Petitioner v. Librado Perez, Director, Social Services Agency, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 82-2043. Charles T. Walsh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 82-2044. Western Food Equipment Co., Petitioner v. Foss America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2045. Committee to Preserve American Color Television (aka COMPACT), et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 82-2046. United Transportation Union, Petitioner v. Southeast- ern Pennsylvania Transportation Authority, et al. Petition for writ of certiorari to the Special Court, Regional Rail Reorganization Act of 1973, denied.

No. 82-2047. Latin Belly, Limited, et al, Petitioners v. United

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

No. 82-2048. Jerry Meeker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-2050. Board of Regents of the University System of Georgia, et al., Petitioner v. H. Anita Lincoln. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-2052. Audrey Defex, Petitioner v. Pan American World Air- ways, Inc. & International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-2055. Jack Blanton, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. 26 MONDAY, OCTOBER 3, 1983

No. 82-2057. Donald Lesiak, Petitioner v. Thomas E. Ferguson, etc. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 82-2060. Fidelity Construction Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 82-2062. Chick Kam Choo, etc., et al., Petitioners v. Esso Oil Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-2063. Ali Galeb Ahmed, et al., Petitioners v. American

Steamship Owners Mutual Protection & Indemnity Association, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2064. Quality Ford, Inc., et al., Petitioners v. Ford Motor

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

No. 82-2065. John G. Rust, Petitioner v. James M. Ruvolo, et al. Pe- tition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied. No. 82-2066. South Trust Bank of Alabama, Birmingham, Petitioner v. VISA, U.S.A., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 82-2067. Robert Galanty, Petitioner v. Chrysler Corporation and Rossmeyer Brothers, Inc. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 82-2068. James L. Sutton, 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. 82-2069. Roger Alan Cox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied,

No. 82-2071. Leo A. Drey and Kay K. Drey, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 82-2073. Nick Demos, Petitioner v. Commercial Union Insurance Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 82-2074. Edward Paul Charapata and Anne Charapata, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, OCTOBER 3, 1983 27

No. 82-2076. Joseph Lee Towner and Rogers Louis Hicks, Petition- ers v. Vanderbilt University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-2078. Randolph C. Hackford, et al., Petitioners v. First Secu- rity Bank of Utah, N.A. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-2080. Arthur Garland Hess, Petitioner v. South Carolina. Pe- tition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 82-2081. Ocean Sands Holding Corporation, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-2084. George W. Phillippi, et ux., Petitioners v. Bechtel As- sociates Professional Corporation, D.C., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 82-2085. Joint Council of Teamsters No. 42, et al., Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-2086. Director, California State Department of Social Serv- ices, Petitioner v. Georgina Zapata, et al., etc. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 82-2087. John D. Brown, Petitioner v. City of Atlanta. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 82-2089. Michael F. Beausang, Jr., et al., Petitioners v. Leo M. Mullen. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 82-2090. Stuart Bissette, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 82-2093. James Allen Budde, Petitioner v. Kentron Hawaii, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-2097. Luigi Marre Land and Cattle Company, Petitioner v.

Pacific Gas and Electric Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-2101. Kirk Camer, a Minor, and Dorothy Camer, Parent and Guardian, Petitioners v. Ken O. Eikenberry, Attorney General of Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 28 MONDAY, OCTOBER 3, 1983

No. 82-2102. Quality Packaging Supply Corp., et al., Petitioners v. City of Rochester, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 82-2103. Universal Restaurants, Inc., Petitioner v. Laura Fel- lows. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 82-2104. Frederick J. Grace, Petitioner v. Western Contracting Corporation. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 82-2106. C. B. Lampkin, Jr., Petitioner v. North American Fi- nance Company. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 82-2108. Louis Porter, Petitioner v. United States and

No. 82-2121. W. Darrell Zang, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-2109. PB, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-2110. Odis Best, Petitioner v. Ralph P. Eagerton, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-2111. Barry Shapiro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 82-2112. Ramon Ruiz, Petitioner v. Cristo Rey Community Cen- ter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-2114. Harry Ronald Frans, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-2118. James E. Lask, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-2119. Thomas R. Fadell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. MONDAY, OCTOBER 3, 1983 29

No. 82-2122. Patricia Thompson and Eddie Thompson, Jr., Petition- ers v. Richard Nelson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-2123. W. Thomas Plachter, Jr., and Peter J. Serubo, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-2126. Marriott In-Flite Services, etc., 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. 82-2127. William A. Mertsching, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-2131. Harold Miles, et al., Petitioners v. New York State Teamsters Conference Pension and Retirement Fund Employee Pen- sion Benefit Plan. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-2133. A. R. Minch, Petitioner v. City of Fargo. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 82-2135. Robert John Wagner, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 82-2136. Frezzo Brothers, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 82-2137. JBL Enterprises, Inc., et al., Petitioners v. Jhirmack Enterprises, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2138. Gerald B. Wolfgram, Next Friend of Daniel Wolfgram, et al., Petitioners v. Bombardier Limited. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-2141. Rita Cheren, Petitioner v. Bechtel Incorporated, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 82-2142. Janice Ching Yee, Petitioner v. Alfred Alphonse Yee, et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

No. 82-2143. Burlington Northern, Inc., etc., Petitioner v. James C. Bair. Petition for writ of certiorari to the Supreme Court of Missouri denied. 30 MONDAY, OCTOBER 3, 1983

No. 82-2144. Edward J. Woodruff, et ux., Petitioners v. Peggy Do- reen Angus, Next Friend of Tracy Angus, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 82-2145. David L. Holton, Chief Investigator, Select Committee on Aging, etc., et al., Petitioners v. George H. Benford. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-2150. Nathan Piatt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-2152. St. James Hospital, Petitioner v. Margaret M. Heckler, Secretary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-2153. National Foundation for Cancer Research, Inc., Peti- tioner v. Council of Better Business Bureaus, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-2154. Montgomery Mall Limited Partnership, Petitioner v. General Electric Credit Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-2155. Escambia County, Florida, et al., Petitioners v. Henry

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

No. 82-2158. Bradford L. Warren, 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. 82-2159. B. D. International Discount Corp., Petitioner t>. Chase Manhattan Bank, N.A. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-2160. Carl Sparano, Petitioner v. Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-2161. Fred Hicks, Jr., Petitioner v. Apex Marine Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 82-2162. Safecard Services, Inc., Petitioner v. Dow Jones and Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 3, 1983 31

No. 82-2165. Harry Levine, et al., Petitioners v. Arthur R. Silsdorf. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 82-6186. Sherman Dobson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-6255. Meral Smith, Petitioner v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 82-6296. Louis Moschiano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 82-6405. Richard Ray McMannis, Petitioner v. Richard Mohn, Acting Superintendent, West Virginia Penitentiary. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 82-6413. Paul Julian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6428. Richard L. Franklin, Petitioner v. Kroger Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6450. Robert C. Harris, Petitioner v. J. Michael Quinlan. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6485. Dudley Mark Bonds, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 82-6500. Willie L. Minick, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-6538. Jessie Wright, Petitioner v. M. Jerry Griffin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6542. James Henry Hampton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6562. Rudy Andy Lopez, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. 32 MONDAY, OCTOBER 3, 1983

No. 82-6564. Dwight Smith, Petitioner v. Ross Maggio, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6570. Bronson Howard Knight, Petitioner v. Gene Johnson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 82-6589. David Cook, Sr., Petitioner v. United States Depart- ment of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6592. Robert Smith, Petitioner v. A. L. Lockhart, Director, Arkansas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6600. Tomie Lee Mollohan, Petitioner v. West Virginia. Peti- tion for writ of certiorari to the Supreme Court of Appeals of West Vir- ginia denied.

No. 82-6601. Thomas Wayne Matteson, Petitioner v. Oregon State Penitentiary, Corrections Division. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 82-6604. Wilbert M. Dorsey, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6610. Melvyn Harris Coleman, Petitioners. Daniel J. McCar- thy, Superintendent. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6619. Christian Jacques David, Petitioner v. Attorney Gen- eral of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-6621. Robert Deavers, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 82-6636. Thomas Michael Powell, Petitioner v. U.S. Bureau of

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

No. 82-6637. Dennis Blyden, Petitioner v. Government of the Virgin Islands and

No. 82-6790. Samuel George, Petitioner v. Government of the Virgin Islands. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, OCTOBER 3, 1983 33

No. 82-6655. Jesse James Ford III, Petitioner v. Thomas Israel, Su- perintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-6672. Arnold Lee Vance, Petitioner v. Donald E. Bordenkircher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6676. William Dennis Hannan, Petitioner v. Secretary of the

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

No. 82-6678. Bruce Galen Everett, Petitioner v. Marshall Beard, U.S. Marshal's Service, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6682. Robert Hudson, Petitioner v. David H. Brierton, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 82-6683. Leonard Gregory, Jr., Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 82-6692. Peter D. Borsari, Petitioner v. Federal Aviation Ad- ministration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6701. George Clementi, Petitioner v. Charles Scully, Superin- tendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6709. Charles J. Borrelli, Petitioner v. Joseph Ciccitto, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6712. Wallace Alexander Howard, Petitioner v. Sam M. Paxson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6714. Nolba Arango, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 82-6716. John R. Adamson III, Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6723. Demetrius E. Latchis, Petitioner v. Commissioner of

Internal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 34 MONDAY, OCTOBER 3, 1983

No. 82-6727. David Allen Van Dyke, Petitioner v. Wisconsin. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, District I denied.

No. 82-6730. Robert Benjamin Curtis, Petitioner v. John Heckel, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-6731. Robert Lee Holleman, Petitioner v. Jack R.

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

No. 82-6734. Verdell Miller, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 82-6735. Paul Eugene Owens, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 82-6736. Robert J. Wright, Petitioner v. Associates Financial Services Company of Oregon, Inc. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 82-6737. David Shawn Knapp, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 82-6738. Pedro Luera, Jr., Petitioner v. W. J. Estelle, Jr., Di- rector, Texas Department of Correction. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 82-6739. Alfred Delgado Arellanes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6742. James Louis Adkins, Petitioner v. Joe S. Hopper, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 82-6744. Vatuk B. Prasad, Petitioner v. Wassaic Developmental Center and New York State Department of Civil Service. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6747. Horacio Pedro Gil, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6748. Donald Lee Harding, Petitioner v. Sam P. Garrison, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 3, 1983 35

No. 82-6751. Arthur Spinney, Petitioner v. Massachusetts. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-6754. Abraham Sumlin, Petitioner v. Ted Engle, Superin- tendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6755. Robert James Palmer, Petitioner v. Barry Mintzes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6756. James Dana O'Dillon, Petitioner v. Walter D. Zant, Warden. Petition for writ of certiorari to the Superior Court of Geor- gia, Butts County, denied.

No. 82-6757. Judith Friedman, Petitioner v. State of Ohio Health De- partment. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 82-6759. Robert Salinas, et al., Petitioners v. Harold Brier, individually and as Police Chief of the City of Milwaukee. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 82-6760. Robert L. Rudolph, Petitioner v. Judson C. Locke, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 82-6761. Henry Lee, Petitioner v. Department of Personnel of the City of New York, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 82-6766. Michael Everett Paul, Petitioner v. Robert J. Hender- son, Superintendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6767. Cheryl Christenson, Petitioner v. Frank Headley, Su- perintendent, Bedford Hills Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6770. James Brown, Petitioner v. Ronald Marshall, Superin- tendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6772. Glenn Oliver Guy, Petitioner v. United States Postal

Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 36 MONDAY, OCTOBER 3, 1983

No. 82-6774. Wiley Brodnex, Petitioner v. W. J. EsteUe, Jr., Direc- tor, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6776. Robert Lee Weaver, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 82-6779. Billy Gale Henry, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 82-6781. David L. Simmons, 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. 82-6782. Charles E. Vuksta, Petitioner v. Bethlehem Steel Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6784. William Stokes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6785. James F. Ronan, Petitioner v. Clement A. Briggs and Priscilla D. Briggs. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6786. Jerry D. Pittman, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 82-6787. Russell Lee Gant, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 82-6792. William Ganci, Petitioner v. Charles Scully, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6793. Freddie Hall, Petitioner v. Julius T. Cuyler, Superin- tendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6801. Alan Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6803. Restoney Robinson, Petitioner v. Walter T. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 3, 1983 37

No. 82-6804. Karen L. Wintrey, Petitioner v. Jeffrey M. Breed, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 82-6807. Henry P. Jackson, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 82-6809. Gregory Blaine Rose, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6813. John A. Brown, Petitioner v. Gerald Battles, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6814. Robert S. Dominique, Petitioner v. James Greer, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 82-6817. John Mottola, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 82-6819. Gary K. Nell, Petitioner v. Kenneth Dunham, Superin- tendent, Arthur Kill Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6820. Robert Lee Stokes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-6822. V.J.S., a Minor, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 82-6824. Guillermo Aillon, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 82-6826. Sharon Forbes, Petitioner v. Lawrence Waddington, et al. Petition for writ of certiorari to the Supreme Court of California denied.

No. 82-6828. Kevin Joseph McCarthy, Petitioner v. D. J. McCarthy, Superintendent, California Men's Colony. Petition for writ of certiorari to the Supreme Court of California denied.

No. 82-6829. James Wesley Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 38 MONDAY, OCTOBER 3, 1983

No. 82-6831. Amadeo Martinez, Petitioner v. Harvey Winans, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6833. Allen Littleton, Petitioner v. Charles Wolff, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6835. Joseph Letendre, Petitioner v. William C. Fugate, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6836. Fatimah Bice-Bey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6837. Rosa Layssard Lacour, et al, Petitioners v. Lucy

Layssard West, et al. Petition for writ of certiorari to the Court of Ap- peal of Louisiana, Third Circuit, denied.

No. 82-6838. Thomas L. Hale, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 82-6841. Gary Dean Harger, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 82-6842. Hunter Huang, Petitioner v. Howard Bernstein, et al. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied.

No. 82-6843. Johnny Wayne King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6844. Gary Maratty, Petitioner v. Dewey Sowders, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6845. Victor Varella, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 82-6846. David Brian Schulz, Petitioner v. California. Petition for writ of certiorari to the Superior Court of California, County of San Diego, denied.

No. 82-6849. Michael Beryl Reese, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. MONDAY, OCTOBER 3, 1983 39

No. 82-6851. Danny Wayne Bowles, Petitioner v. Esther G. Farris, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 82-6853. Harold Presley, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6855. Joseph Milton Bedortha, Petitioner v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 82-6856. Joseph P. Donaldson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-6860. Joe N. Boyd, Petitioner v. Shawnee Mission Public Schools, Unified, School District No. 512, Johnson County, Kansas. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6864. Delbert O'Kelley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6866. Paul A. Toneman, Sr., Petitioner v. Calvin Burkhart, Corrections Officer, Maryland Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6867. Garrett Brock Trapnell, Petitioner v. Jerry O'Brien, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6868. Ronald Lee Johnson, Petitioner v. Al C. Parks, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6869. Guy T. Black, Petitioner v. George R. Barany, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 82-6871. Ruth M. Anderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6872. Billy Gene Bridges, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth Su- preme Judicial District, denied. 40 MONDAY, OCTOBER 3, 1983

No. 82-6873. Grover Lamar Lee, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6874. Warren E. Harshman, et al., Petitioners v. Petrolite Corp. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 82-6877. MichaelJ. Ferola, Petitioners. John J. Moran. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-6879. Frank C. Johnson, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6880. Darrell King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6882. Richard L. Thomas, Petitioner v. United Steelworkers of America, Local 3754, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-6884. Richard Owen Long, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6885. Robert Montell Freed, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6886. Edward T. Illsley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 82-6888. Allan G. Kaplan, Petitioner v. Office of the U.S. Attor- ney for the District of New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6891. Thomas E. Howard, etc., Petitioners. Blake E. Taylor,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 82-6892. Ronald David Veteto, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6893. David R. Reed, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. MONDAY, OCTOBER 3, 1983 41

No. 82-6894. Isiah James, Petitioner v. George N. Martin, III, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6895. Robin Beth Goodman, etc., Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6896. Thelma Lymon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6897. Martha Evelyn Holcomb, Petitioner v. California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6898. Theo W. Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6899. Phillip V. Robinson, Petitioner v. Howard A. Dawson, Jr., Judge, U.S. Tax Court. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6904. Antoinette Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6905. Lester Hamb, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 82-6908. Donald Vincent Callahan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6911. Vinko Logarusic, Petitioner v. United States;

No. 82-6925. Milan Bagaric, Petitioner v. United States; and

No. 82-6941. Drago Sudar, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6914. Donny Joel Harvey, Petitioner v. Carl C. Anderson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6917. James L. Hawkins, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied. 42 MONDAY, OCTOBER 3, 1983

No. 82-6918. Joseph Wise, Petitioner v. J. Andrew Smyser, United States Magistrate. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6921. Joseph Maschi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6924. Robert Christopher Ingraham, Petitioner v. Patrick

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

No. 82-6926. Vernon Dowdy, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 82-6927. Miguel Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6928. Mary Dodson, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 82-6929. Willie Fears, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-6930. Rebel Randall, Petitioner v. Paul M. Posner, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6931. Marvin McClure, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 82-6932. Robert J. Meador, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 82-6934. Enrique Antonio Ramon-Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 82-6936. Thomas Vanda, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 82-6938. Jewel Spotville, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 82-6940. Dennis John Whalen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6943. Geraldine Engel, Petitioner v. New York State Human

Rights Appeal Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, OCTOBER 3, 1983 43

No. 82-6944. Geraldine Engel, Petitioner v. New York State Human Rights Appeal Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6947. Elmo Bothman, Petitioner v. Ted Engle, Superintend- ent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6948. Francisco Estrada-Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 82-6949. Richard P. Viccarone, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6951. James O'Connell, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 82-6952. Joseph Sanders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6953. Joe Nathan Sparks, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6954. Charles Billings, Petitioner v. Ronald H. Pannucci, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6955. Darrell Keith Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6958. Rebel Randall, Petitioner v. F. Lee Bailey, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6959. Warren Walker, Petitioner v. Ross Maggio, Jr., War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6961. Ernest L. McMinn, Petitioner v. Ronald C. Marshall, Superintendent and Ernest L. McMinn, Petitioner v. Richard Seiter,

Director, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 82-6962. William E. Batch, Petitioner v. Warren Bettis, Judge, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. 44 MONDAY, OCTOBER 3, 1983

No. 82-6963. Nathan Phillip Hicks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6964. Bentford Earl Starling, Jr., Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6965. Karriem Wali Muhammad, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 82-6966. John Barry Wong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6967. Franklin Delano Thomas, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 82-6968. Bill McLaughlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6970. Alberto Dominico Van Bens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 82-6971. Robert Henry Hartford, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 82-6972. John Bartley, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 82-6974. Morris Edward Whiteside, Petitioner v. Al C. Parke,

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

No. 82-6976. Roosevelt Fluellen, Petitioner v. Arnold Jago, Superin- tendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6977. Hector Gamez-Rubio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6980. James Ronald Lewis, et al., Petitioners, v. Robert R.

Davis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 3, 1983 45

No. 82-6984. Charles Sylvester Bell, Petitioner v. Morris Thigpen,

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

No. 82-6985. Albert P. DeAndrea, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied.

No. 82-6987. Laura Baird, Petitioner v. Washington State Depart- ment of Social and Health Services. Petition for writ of certiorari to the

Court of Appeals of Washington, Division 3, denied.

No. 82-6988. Marcus Love, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 82-6993. Tony Lavert Miller, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of California, County of Los Angeles, denied.

No. 82-6994. Alfonso Faulkner, Petitioner v. Thomas J. Kelly, War-

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

No. 82-6995. Virgil E. Reid, Jr., Petitioner v. Dept. of Health and Mental Hygiene. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 82-6996. Jerry McCrary-El, Petitioner v. Donald Wyrick. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6998. Anna S. Laski, Petitioner v. Ronald Laski. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 82-7000. Robert Harbin, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 82-7001. Anthony Jiles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-7007. Daniel Pawlyshyn, Petitoneri>. Harold J. Smith, Super- intendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-7008. Emery Frank Harris, et al., Petitioners, v. CRM.

Kastana, et al. Petition for writ of certiorari to the Supreme Court of Washington denied. MONDAY, OCTOBER 3, 1983 46

No. 82-7009. Ramon Soto-Duran, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-7010. Alvaro L. Hernandez, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-7011. Leroy Daniels, Jr., Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 82-7012. Julian Roger Sanchez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-7016. Archibald Ryan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-7017. Leon Forbes, et al, Petitioners v. Municipal Court of

Los Angeles Judicial District, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 82-7018. John Murph, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-7020. Lewis Baker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-7021. Johnny McKibbins, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 82-7022. John Edward Mulville, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 82-7023. Arlyn Tokar, et al., Petitioner v. Richard E. Hearne,

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

No. 82-7024. Gerald Lee Tinnin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-7025. Timothy Paul Privett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-7026. Ralph Leon Dobbs, Petitioner v. Cobb E.N.T. Asso- ciates, P.C., et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. MONDAY, OCTOBER 3, 1983 47

No. 82-7028. Joseph Paul Franklin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-7031. Susan Roberts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-7032. Edward N. Newtop, Petitioner v. Calvin C. Lee. Peti- tion for writ of certiorari to the Superior Court of California, City and County of San Francisco, denied.

No. 82-7033. Ruth Panter, et al, Petitioners v. Charles Franklin

Miller, Jr. , et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 82-7034. Morris Richard Edwards, Petitioner v. Al Parke, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 82-7035. John Caran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-2. William J. Leventhal, Petitioner v. Murray P. Reiser, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5. Polskie Linie Lotnicze (LOT Polish Airlines), Petitioner v. Angela Y. Robles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-7. James Albert "Sonny" King and Hattie Ray King, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-8. Robert E. Lee, Petitioner v. National Can Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 83-10. Pressroom Unions-Printers League Income Security

Fund, Petitioner v. Continental Assurance Co., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-11. Carlos L. Jimena, Petitioner v. Board of Review of the

Utah Industrial Commission, et al. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 83-12. Joseph B. Bergen, Petitioner v. B. Avant Edenfield, Judge, United States District Court for the Southern District of Geor- 48 MONDAY, OCTOBER 3, 1983 gia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-13. Darcia M. Fleury, et vir, et al., Petitioners v. Harper & Row, Publishers, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-14. State Board of Equalization, Petitioner v. Trailer Train Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-15. John F. Salsbury, Parent, Natural Guardian and Adminis- trator of the Estate of Scott Edward Salsbury, Petitioner v. Saint Vin- cent Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-16. Robert C. Copenhaver, Petitioner v. Harris Enterprises, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-17. Edna Raja, et vir, Petitioners v. Michael Reese Hospital, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-20. Evanna Powell, Petitioner v. Anthony Nigro, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-23. Iredell Memorial Hospital, Inc., Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 83-25. Wandall W. Coody and Allen Brown, Petitioners v. Loui- siana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied.

No. 83-26. Donald I. Laventhall, Petitioner v. General Dynamics Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-31. Fair Grounds Corporation, Petitioner v. Pari-Mutuel Clerks Union of Louisiana, Local 328, Affiliated with the Service Employees International Union, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-33. Rebecca P. Schwanecke, etc., et al., Petitioners v. Harris County Hospital District, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth Supreme Judicial District, denied. MONDAY, OCTOBER 3, 1983 49

No. 83-34. The Stouffer Corporation, Petitioner v. Prudential Insur- ance Company of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-36. Thomas P. Vann and James E. Melhorn, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-37. Sam Damico, aka Salvatore Damico, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-38. Santa Clara Valley Water District, et al., Petitioners v. Bruno Martino, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-39. T.N.T. Marine Service, Inc., Petitioner v. Weaver Ship- yards and Drydocks, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-40. Mary Hedley, et al., Petitioners v. Trans World Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-41. Local Union No. 141, Sheet Metal Workers International

Association, et al., Petitioners v. David E. Sandman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-42. Hagerstown Kitchens, Inc., Petitioner v. Board of County

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

No. 83-44. Solon Baptist Temple, Inc., Petitioner v. City of Solon, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuya- hoga County, denied.

No. 83-45. Francis Carnicle, Petitioner v. John Fox, Sheriff of Morris County. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-46. Kizzier Chevrolet Company, Inc., of Scottsbluff, Ne- braska, and Dwayne Kizzier, Petitioners v. General Motors Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 83-47. Carlton M. DiCarlo, Petitioner v. A & W Products Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 50 MONDAY, OCTOBER 3, 1983

No. 83-49. Robert A. Frank, Petitioner v. Gordon J. Davis, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-51. Bonded Elevator, Inc., et al., Petitioners v. First Ameri- can National Bank of Nashville. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-52. Gerald F. Taylor, et ux., Petitioners v. The Lawson Milk Company and Robert A. Dixon. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 83-53. Chesapeake & Ohio Railway Company, Petitioner v. Charles Schaaf. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 83-57. Dana Davis, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

No. 83-58. Philadelphia Lift Truck Corp., Petitioner v. Taylor Ma- chine Works, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-60. S. J. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-62. Jane Jenkins, Petitioner v. Philip R. Jenkins, Sr. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-68. Jean P. White, Petitioner v. Sally A. White. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-69. The Upjohn Company, Petitioner v. 0. L. Mauldin. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-72. Charles W. Brunty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-74. Sam Tabone, Petitioner v. David M. Posner and Leo Charles Weiskircher. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-76. Peter Children, Petitioner v. James R. Burton, et al. Peti- tion for writ of certiorari to the Supreme Court of Iowa denied. MONDAY, OCTOBER 3, 1983 51

No. 83-77. Atlantic Purchasers, Inc. and Stella Maris Inn, Ltd., Peti- tioners v. Aircraft Sales, Inc. and Donald J. Anklin. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-80. Edward S. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-81. Anthony R. Maiorano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-82. Donald Goldberg, Petitioner v. Woodcrest Nursing

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

No. 83-83. Alberto Perales Alvarez, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-85. Eastern Foods, Incorporated, Petitioner v. R. C. McEntire & Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-88. McDonnell Douglas Corporation, Petitioner v. Northrop Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-92. Mary J. Larsen, Petitioners. Ferris R. Kirkham, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-93. Alexander Gee, Petitioner v. Robert Fung, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-94. S.S. Nancy Lykes, her engines, boilers, etc., et al., Peti- tioners v. General Electric Company, International Sales Division. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-98. Effie R. Humphrey, Petitioner v. City of Shreveport, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-99. Thomas L. Varkonyi, etc., Petitioner v. Raymond J. Don- ovan, Secretary, U. S. Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-100. Joseph Ciancaglini and Charles Warrington, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 52 MONDAY, OCTOBER 3, 1983

No. 83-102. Grenada Bank, a Mississippi Corporation, dba "Coahoma

Bank", Petitioner v. Robert Willey, Sr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-104. Raymond P. Tango, Jr., Petitioner v. New Jersey. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 83-105. Arthur M. Wagman, Petitioner v. Debra F. J. Lee. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-110. Vivian Williams, et al., Petitioners v. Shawn Ladner, et al. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 83-111. Neil J. Drouillard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-112. John B. Holway, Petitioner v. Percy Thornton, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-115. Bonnie J. Briece, Petitioner v. William E. Briece, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 83-117. The Kansas City Southern Railway Company, Petitioner v. Eldon Faulkenberry. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 83-121. James Wayne Heck, Petitioner v. Dana Lee Heck. Peti- tion for writ of certiorari to the Supreme Court of Appeals of West Vir- ginia denied.

No. 83-126. Henry Malachowski, Petitioner v. Silverberg, Marvin &

Swain, P.C., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-130. Richard Meadows and Drew Wagner, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-133. Woo Chin Tong, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-135. Ercell Givens, Petitioner v. Paulina Castillo, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, OCTOBER 3, 1983 53

No. 83-142. Patrick Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-143. Philip E. Sullivan, dba Columbia Poly Pack Company, Petitioner v. Town of Vernon, Connecticut. Petition for writ of certiorari to the Superior Court of Connecticut, Tolland County, denied.

No. 83-145. American Family Life Assurance Co., Petitioner v. Pe- ter Hiam, Commissioner of Insurance. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 83-146. S & S Machinery Co., Petitioner v. Masinexportimport, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-148. Theressa R. Johnson, Petitioner v. District School Board of Hernando County, Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-149. Van Bering Robinson, Petitioner v. New Mexico. Peti- tion for writ of certiorari to the Supreme Court of New Mexico denied.

No. 83-150. Philip R. O'Connor, Petitioner v. Organ and Company, Inc. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied.

No. 83-155. Boyd Veenkant, Petitioner v. Robert W. Gurn, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-157. Boyd Veenkant, Petitioner v. Robert Wesler, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-158. Members of the Jamestown School Committee, et al.,

Petitioners v. Thomas C. Schmidt, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-160. Betty T. Krall, Petitioner v. Bethel Park School District. Petition for writ of certiorari to the Commonwealth Court of Pennsyl- vania denied.

No. 83-161. Jimmy Lewis Johnson, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied. No. 83-164. American Motorists Insurance Co., Petitioners. Stanley Zaitchick, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-168. Construction and General Laborers Union Local 304, et al., Petitioners v. Paul E. Iacono Structural Engineer, Inc. Petition for 54 MONDAY, OCTOBER 3, 1983 writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-170. Carolyn Spaulding, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-182. Smitty Baker Coal Company, Inc., et al., Petitioners v.

Federal Mine Safety and Health Review Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-183. LTV Federal Credit Union, Petitioner v. UMIC Govern- ment Securities, Inc. and Banco de la Nation Argentina. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-187. Konstantine Tsanos and Litsa Tsanos, Petitioners v. Di- vision of Administration, Florida Department of Transportation. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 83-191. Terrence Kubiak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-192. Michael Jean Bouclin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-194. Michael Burton, etc., Petitioner v. Pacific Far East Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-197. Charlotte T. Kocian, Petitioner v. Getty Refining & Mar- keting Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-199. Lilia Kappas, Administratrix of the Estate of Florence

Kappas, Petitioner v. Chestnut Lodge, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-235. DMR Corp., et al., Petitioners v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-238. Benjamin Lopera-Ochoa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, OCTOBER 3, 1983 55

No. 83-242. Fortunato Joseph Padua, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-266. Harland G. "Skip" Fitterer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-275. James L. Isaacs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-287. Arturo Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-298. Jose Figueroa, Petitioner v. United States; and

No. 83-5298. Orlando Canel, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5002. William Michael Dillon, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.

No. 83-5003. Paul Thompkins, Petitioner v. R. C. Marshall, Superin- tendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5004. Erwin Newman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5006. Joseph Scott Laing, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5007. Robert Taylor, Petitioner v. William C. Quick. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5008. Floyd L. Roberts, Petitioner v. J. C. Moore, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5009. Jorge Luis Rondon-Limonta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. 56 MONDAY, OCTOBER 3, 1983

No. 83-5010. Joseph Gelb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5011. Leion Fobes, Petitioner v. Superior Court of California, for the County of Los Angeles. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-5012. Hugh Aloysious Franey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5013. Charles Childress, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-5015. Scott Eugene Waterhouse, v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 83-5018. Roy Arambula, etc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5020. Quinton Cavanaugh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5024. Jerry Wayne Trussell, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5031. Robert Edward Lipscomb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5033. Ricardo E. Hunter, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5034. Gary Lee Rankin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5036. David Hoover, Petitioner v. Gloria Lee, Superintend- ent, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5038. John C. Bruce, Petitioner v. Upper East Tennessee Human Development Agency, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, OCTOBER 3, 1983 57

No. 83-5041. Brent L. Dock, Petitioner v. Samuel Smith, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5042. Terry B. Carlsen, Petitioner v. Larry Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5044. Gary Flygare, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.

No. 83-5045. Freddie Davenport, Petitioner v. Charles Zimmerman, Superintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5046. Lawrence Henry Gaston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5047. Winfred E. Richardson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5048. John Pepper, Petitioner v. John Kazubowski, etc. Peti- tion for writ of certiorari to the Court of Appeal of California, First Ap- pellate District, denied.

No. 83-5050. Roily O. Kinnell, Petitioner v. Robert Stephan, Attor- ney General. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5052. Robbin Lee Coleman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5055. Charles W. Levy, Petitioner v. Department of Rehabili- tative Services of the Commonwealth of Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5056. Sanford Darell Chiago, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5057. David Alston, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. No. 83-5059. Roger Allen Wood, Jr., Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. 58 MONDAY, OCTOBER 3, 1983

No. 83-5065. Belony Saintil and Kersazan Tacius, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5066. Dan Michael Ryan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5068. Chester Coxwell, Petitioner v. G. S. Fortner, Superin- tendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5069. Joseph Carl Oakie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5070. Charles W. Levy, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-5071. Jerry Phifer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5073. Ruben Gonzales, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 83-5074. Marvin Earl Bell, Petitioner v. W. J. Estelle, Jr., Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5075. Arnold Maxwell Harris, Petitioner v. Leonard Laster, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-5076. Stanley J. Johnson, Petitioner v. Louisiana, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5078. Aracelio Raudel Morejon-Ortega, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 83-5081. Bobby Rex Davis, Petitioner v. R. Bernice McKenzie,

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

No. 83-5082. James David Tutt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, OCTOBER 3, 1983 59

No. 83-5084. Ruben Chavira Marquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5085. Barbara Piatkowska, Petitioner v. Vons Foodmarkets. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied.

No. 83-5086. Rafael Castaneda-Reyes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5089. Kenneth Kapper, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-5090. Sam Cagnina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-5091. Calvin Jones, Petitioner v. Mississippi River Grain Ele- vator Co. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5093. Simon Peter Chesson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5096. Oscar D. Bustamante, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5097. Gary Don Nation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5098. Alan Neal Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5099. John Black, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5101. Sherrill P. Landes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5103. Marciano C. Valenzuela, Petitioner v. Office of Person- nel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. 60 MONDAY, OCTOBER 3, 1983

No. 83-5104. Norman H. Torpy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 83-5107. M. Hunter Brown, Petitioner v. Lutheran Hospital So- ciety of Southern California, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5110. Robert Edward Lipscomb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5112. Samuel L. Sommer, Petitioner v. R. Dixon, Correc- tional Officer, et. al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5113. Carl Watts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5114. Willie B. Stevenson, Petitioner v. Raymond C. Conrad. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5115. Floyd Tyler, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5118. Rudolph Dodd, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-5119. Hector Rosario, Petitioner v. United States; and

No. 83-5219. Peter Sharpe, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-5120. Alan Lewis Woodson, Petitioner v. United States, Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5121. Victor Samuel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5125. William Clinton Helton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5126. Jerome Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, OCTOBER 3, 1983 61

No. 83-5128. Donald Leonard, Petitioner v. Charles Zimmerman, Su- perintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5129. Albert R. Salman, 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. 83-5130. Michael Alan Crooker, Petitioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 83-5131. Carl Edward Burton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5132. Elias Flores Lozano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5133. John B. Doyle, Jr., Petitioner v. Delaware, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5134. Charles W. Klayer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5135. Andrew Carmen Menichmo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-5136. Jasper Newton McMurtrey, III, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 83-5137. Jimmy Lee Smith, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-5138. Rhoda Menkes, Petitioner v. City of New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 83-5139. John F. Runte, Petitioner v. Edwin F. Hunter, Jr., U. S. District Judge. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5142. James Fisher, Jr. , Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. 62 MONDAY, OCTOBER 3, 1983

No. 83-5143. William N. Holland, Jr., Petitioner v. Guest Quarters. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5144. Titus Edwin Aaron, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 83-5150. Stephen W. Deal, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5152. Willie Williams, et al., Petitioners v. Air Transport

Union Local #504, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5155. Robert Wayne Gordon, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5157. Vernon Edwards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5158. W. J. Pierce, Petitioner v. Volkswagon of America, Inc. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 83-5159. Haywood Williams, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5161. Juan Carlos Martin, Petitioner v. Larry Meachum, Di- rector, Oklahoma Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5164. Restoney Robinson, Petitioner v. Sam Boyd. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5166. Gray Moore, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5167. Carl Hall, Petitioner v. Alabama. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-5172. Robert Warner Myers, Petitioner v. James Spalding, Superintendent, Washington State Penitentiary, et al. Petition for writ MONDAY, OCTOBER 3, 1983 63 of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5174. Rodney Duane Weddell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5175. Ernest R. Zerman, Petitioner v. Harry A. Jacobs, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-5180. Carless Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5182. Rick Alan Fleming, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-5185. Chris Poppos, Petitioner v. William W. McCaffrey. Pe- tition for writ of certiorari to the Circuit Court for Montgomery County, Maryland, denied.

No. 83-5186. Kent Norman Smith, Petitioner v. Russell G. Clark, Chief Judge, United States District Court for the Western District of Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5187. Clive A. Neil, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5190. Lowell Estlack, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5191. Robert Christopher Ingraham, Petitioner v. Maine. Pe- tition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 83-5194. Wilmer W. Evans, Petitioner v. Louie Wainwright, Secretary, Department of Offenders, Rehabilitative Services, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5196. Sharon McNair, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 83-5197. William Seltzer, Petitioner v. George Peach, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 64 MONDAY, OCTOBER 3, 1983

No. 83-5200. Wayne E. Wham, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-5201. George J. Geiger, II, Petitioners. John Lehman, Secre- tary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5202. Moses White, Jr., Petitioner v. United Parcel Service, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5203. Michael Lee Sammons, Petitioner v. David Haines Rotroff. Petition for writ of certiorari to the Court of Appeals of Ten- nessee, Western Division, denied.

No. 83-5205. Otis K. Bishop, Petitioner v. John Gandy, District Di- rector, Social Security Administration. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-5207. E. Francis Mulligan, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 83-5208. Arthur J. Cinelli, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 83-5210. Horace L. Edwards, Petitioners. Thomas Davis, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5211. Levi Neace, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 83-5217. Jorge Lopez & Alexis Ramos, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 83-5218. Karen Ware, Petitioner v. Owens-Illinois, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5220. Mary Sivright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5223. Lewis G. Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5225. David Clark, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. MONDAY, OCTOBER 3, 1983 65

No. 83-5228. Moses S. Alexander, Petitioner v. Clyde M. Zeanah, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5230. Gregory Martin Matthews, Petitioner v. United States; and

No. 83-5232. Irving Hoffman, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5233. Richard W. Jay, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5234. Arthur L. Tillman, Petitioner v. Stanley C. Van Ness, et al. Petition for writ of certiorari to the Superior Court of New Jer- sey, Appellate Division, denied.

No. 83-5235. James D. Yeager, Petitioner v. George Wilkinson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-5236. Joseph Zerilli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5239. Larry Price, Petitioner v. Ross Maggio, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5242. John W. McQueen, Petitioner v. G. W. Barber, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5246. Michael Charles Ward, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5247. James Wayne Farmer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5248. Douglas S. Wheeling, Petitioner v. Commissioner of In- ternal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5250. Paul Whiteman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 66 MONDAY, OCTOBER 3, 1983

No. 83-5254. Anna Marie Wright, Petitioner v. New York Life Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5255. Jack C. Pettee, Petitioner v. Julius H. Purvis, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5256. Felipe Lagnas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-5257. Robert M. Warner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5258. Billy D. McCord, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 83-5261. Gale Rene Hobson, Petitioner v. U. S. Parole Commis- sion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5263. George Paul Drinkwine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5264. Rozo Santiago-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5269. Louis C. Ostrer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5270. Robert Sheldon Ward, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5272. Harry Theriault, Petitioner v. Federal Bureau of Pris-

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

No. 83-5276. Michael Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5297. Michael Wayne Holden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 3, 1983 67

No. 83-5305. Alan Humpherey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5307. Bruce A. Beemblossom v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-1653. James Mitchell Newman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Powell would grant certiorari.

No. 82-1682. Abdeen M. Jabara, Petitioner v. William H. Webster, Director of the Federal Bureau of Investigation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Brennan would grant certiorari.

No. 82-1723. Pyramid Lake Paiute Tribe of Indians, Petitioner v. Truckee-Carson Irrigation District, et al. The motion to intervene in order to file a petition for writ of certiorari is granted. The petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit is denied. Justice Brennan, Justice Marshall and Justice Black- mun would grant certiorari.

No. 82-1793. Alcoholic Beverage Control Appeals Board, et al., Peti- tioners v. Lewis-Westco Company. The motion of Wine & Spirits Wholesalers of California for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Court of Appeal of Califor- nia, First Appellate District, denied.

No. 82-1822. Victor D. Quilici, Petitioner v. Village of Morton Grove, et al.; No. 82-1930. George L. Reichert and Robert E. Metier, Petitioners v. Village of Morton Grove, et al.; and

No. 82-1934. Robert Stengl, et al., Petitioners v. Village of Morton Grove, et al. The motion of Handgun Control, Inc. 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 Seventh Circuit denied.

No. 82-1829. William Callahan, Petitioner v. David Young. 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 First Circuit denied.

No. 82-1896. Texas, Petitioner v. Rey Garza. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 82-1986. Washington County Hospital Association, Inc., Peti- tioner v. Bertha Morrison, Administratrix of the Estate of Sylvester 68 MONDAY, OCTOBER 3, 1983

Morrison, Jr. 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. 82-2156. Robert Henderson, Superintendent, Auburn Correc- tional Facility, Petitioner v. Norman Silverstein. 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 Second Circuit denied.

No. 83-175. Catholic Home Bureau, Petitioner v. Anna Doe. 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 Second Circuit denied.

No. 82-1836. Keene Corporation, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 82-1870. B. Mianecki, et al., Petitioners v. Second Judicial Dis- trict Court of the State of Nevada, et al. The petition for writ of certiorari to the Supreme Court of Nevada is dismissed for want of a final judgment.

No. 82-1890. Cincinnati City School District Board of Education, et al., Petitioners v. Mary Ann Roncker, etc., et al. The motion of Na- tional School Boards 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 Sixth Circuit denied.

No. 82-2034. Astilleros Espanoles, S.A., Petitioners v. Standard Oil

Company (Indiana), et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White and Justice Stevens took no part in the consideration or decision of this petition.

No. 82-2051. Giddings & Lewis Machine Tool Company, Petitioner v. Louis H. Pollak, Judge, United States District Court for the Eastern

District of Pennsylvania, et al. The motion of respondents John and Pa- tricia Trapanese for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-2053. Elmer H. Singleton, Petitioner v. Virginia Electric and Power Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition. MONDAY, OCTOBER 3, 1983 69

No. 82-2058. Edgar D. Nelson, etc., Petitioner v. Tuscarora Inter- mediate Unit No. 11. The motion of Pennsylvania for leave to intervene as a party respondent is granted. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 82-2075. Arizona, Petitioner v. Richard F. Young. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition.

No. 82-2077. Clair Olsen and Guitar City Studios, Inc., Petitioners v.

Progressive Music Supply, Inc. , et al. The motion of petitioners to consolidate case with No. 83-188, Clair Olsen v. CBS Musical Instruments is denied. The motion of respondent Peavey Electronics Corporation for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-2105. Michael Van McDougall, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6697. Thomas Winford Simmons, Petitioner v. Arkansas. Pe- tition for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6733. Paul Edward Magill, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6741. T. J. Hayes, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6771. William Henry Flamer, Petitioner v. Delaware. Peti- tion for writ of certiorari to the Supreme Court of Delaware denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6852. Willie James Wilson, Jr., Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 82-6865. Askari Abdullah Muhammad, Petitioner v. Florida. Pe- tition for writ of certiorari to the Supreme Court of Florida denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 82-6870. Jimmie Wayne Jeffers, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall. 70 MONDAY, OCTOBER 3, 1983

No. 82-6876. Robert Kubat, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6881. James P. Free, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6915. Charles William Bass, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6916. William Bush, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6922. Jesse de la Rosa, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 82-6923. Alvin Bernard Ford, Petitioner v. Charles G.

Strickland, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 82-6933. Marion Albert Pruett, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6937. Raleigh Porter, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6982. Johnny Narcisse, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6990. Derick Lynn Peterson, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5051. Douglas Williams, Jr., Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5095. John Wayne Conner, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, OCTOBER 3, 1983 71

No. 83-5145. Sampson Armstrong, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5183. Charles William Davis, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5227. John Harvey Adamson, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall. No. 82-2129. Syed Haider, Administrator of the Estate of Victoria Chen Haider, Deceased, Petitioner v. McDonnell Douglas Corporation, et al.; and No. 82-2149. Inge Maria Kahl, Special Administrator of the Estate of Hans Jurgen Kahl, Deceased, et al., Petitioners v. McDonnell Douglas

Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Stevens took no part in the consideration or decision of these petitions.

No. 82-2134. Alside, Inc., et al., Petitioners v. Charles R. Weiner, Judge, United States District Court for the District of Minnesota. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 82-2146. Mashpee Tribe, Petitioner v. New Seabury Corp., et al. 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 First Circuit denied.

No. 82-6558. Billie Bailey, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 82-6591. John Paul Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 82-6642. Richard L. Novack, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 82-6649. Paul Handy Nunley, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Justice Brennan and Justice Marshall would grant certiorari. 72 MONDAY, OCTOBER 3, 1983

No. 82-6821. James F. McClinnahan, Petitioner v. United States. Pe- tition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 82-6981. Frank Dean Teague, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 82-6775. Robert C. Gilliard, Jr., Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 82-6960. Bret S. Clark, Petitioner v. Robert Q. Marston, et al. The motion of respondents for damages is denied. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 83-27. Axel N. Eliasen, etc., Petitioner v. Green Bay & Western Railroad Company, et al. The motion of respondents for damages is denied. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-156. Boyd Veenkant, Petitioner v. Maurice N. Blake, et al., and Boyd Veenkant, Petitioner v. George R. Corsiglia, et al. The motion of respondents Blake and Farrell for award of costs and damages is denied. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-163. John M. Syria, Director, Division of Social Services, etc., et al. , Petitioners v. Clara Alexander, 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 Fourth Circuit denied.

No. 83-167. Paula E. Pfister, Petitioner v. American Airlines, Inc., et al. 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 Ninth Circuit denied.

No. 83-5304. Kenneth N. Nickol, Petitioner v. Charles H. Zimmer- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Blackmun would grant certiorari.

Common Law Certiorari Denied

No. 82-6854. In Re Carl Allen Nakagawa, Petitioner. Petition for writ of certiorari is denied. MONDAY, OCTOBER 3, 1983 73 Mandamus Denied

No. 82-6883. In Re James E. Smith, Petitioner; No. 82-6900. In Re John W. Timson, Petitioner; No. 82-6901. In Re Anne McNabb Pavilonis, Petitioner;

No. 82-6983. In Re Paul B. Courtney, Jr., Petitioner; and No. 83-5094. In Re Charles Eugene Gibson, Petitioner. The petitions for writs of mandamus are denied. No. 82-6816. In Re Jessie D. McDonald, Petitioner; and No. 82-6857. In Re Nathanial Sims, Petitioner. The petitions for writs of mandamus and/or prohibition are denied. No. 83-89. In Re Elmer H. Thomassen, Petitioner. The motion of petitioner to expedite consideration of the petition for a writ of mandamus is denied. The petition for writ of mandamus is denied.

Prohibition Denied

No. 82-6887. In Re Robert C. Hallstrom, Petitioner; and

No. 82-6999. In Re Billy Joe Dearing, Jr., Petitioner. The petitions for writs of prohibition are denied.

Rehearings Denied

No. 81-6908. Elwood Barclay, Petitioner v. Florida; No. 82-401. Baxter Rice, Individually and as Director of the Depart- ment of Alcoholic Beverage Control of California, Petitioner v. Eva Rehner;

. No. 82-1696. Benjamin A. Rasky, Petitioner v. City of Chicago, et al.; and

No. 82-6080. Thomas A. Barefoot, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections. The petitions for rehearing are denied.

No. 81-2147. Arizona, et al., Petitioners v. San Carlos Apache Tribe of Arizona, et al; and Arizona, et al., Petitioners v. Navajo Tribe of In- dians, et al.; and

No. 81-2188. Montana, et al., Petitioners v. Northern Cheyenne

Tribe of the Northern Cheyenne Indian Reservation, et al. The petition of Fort McDowell Mohave-Apache Indian Community, et al. for rehearing is denied. The petition of San Carlos Apache Tribe, et al. for rehearing is denied.

No. 81-2245. Nevada, Petitioner v. United States, et al.; 74 MONDAY, OCTOBER 3, 1983

No. 81-2276. Truckee-Carson Irrigation District, Petitioner v.

United States, et al.; and

No. 82-38. Pyramid Lake Paiute Tribe of Indians, Petitioner v. Truckee-Carson Irrigation District, et al The petition of Pyramid Lake Paiute Tribe of Indians for rehearing is denied.

No. 82-486. United Brotherhood of Carpenters and Joiners of Amer- ica, Local 610, AFL-CIO, et al., Petitioners v. Paul E. Scott, et al. The motion for leave to file a petition for rehearing is denied. Justice Powell would grant this motion.

No. 82-6633. Robert L. McClain, Petitioner v. Samuel J. Orr, et al. The motion for leave to file a petition for rehearing is denied.

Admissions to the Bar on Written Motions

Applicant Citv and State Movant

Robert J. Affeldt Sylvania, OH Samuel George Bolotin Diane L. Alessi Portland, OR John Shifflett Ransom William Richard Alvin Miami, FL Richard S. Masington Manuel U.A. Araujo Los Angeles, CA James Randall Dunn Bruce Thomas Armstrong Chicago, IL Eugene E. Gozdecki Marie Ashe Lincoln, NB Michael D. Gooch Barbara G. Barrett Des Moines, IA Mark E. Schantz Martha Bergmark Hattiesburg, MS Avrum N. Andalman Rodney Thomas Berry Mounds ville, WV Raymond R. Hyre Elizabeth Jeanne Bigman Los Angeles, CA Norman G. Kuch Charles W. Borgsdorf Ann Arbor, MI Bruce T. Wallace John J. Brunsman Springfield, IL Michael Vujovich Robert Lowell Bunting Oxford, MI Robert V. Parenti Lee Melville Burkey Chicago, IL Lester Asher Ward Allen Campbell Sacramento, CA Janice Rogers Brown Cass Michael Castillo Tampa, FL John Wilbur Jennings MONDAY, OCTOBER 3, 1983 75

Applicant City and State Movant

Ramon Castro San Diego, CA Bruce M. Beals Caroline J. Chang Boston, MA Stuart W. Graham M. Devereux Chatillon New York, NY Floyd Abrams William Goodloe Cockrill Knoxville, TN Edith H. Cockrill James Robert Condo Phoenix, AZ Mark Wilmer Steven Joseph Cooper Torrance, CA Robert Graham Beverly John Kevin Cotter Sacramento, CA Charles William Blakeley, III

Donald Richard Daines New Brunswick, Arnold I. Budin NJ James W. Deatherage Irving, TX James Keith Marks Hiram Arthur DeFries Laguna Hills, CA Earle Joseph Dumont, Jr. Glen Andrew DeRonde Fairfield, CA John A. DeRonde, Jr. Randall R. Douglas Phoenix, AZ Alfred S. Cox Barry D. Edwards Aspen, CO James Thomas Moran J. Anthony Farmer Knoxville, TN Robert Wayne Ritchie Ray A. Farrington Roseland, NJ Raymond Francis Flood Patrick J. Feeney Austin, TX Thomas William George Vera Fisch Los Angeles, CA Marvin Goldsmith M. Carolyn Fuentes Washington, DC Farley Price Katz Elizabeth Caughman Lexington, SC Harmon Hugh Fullwood Rogers Brian Ralph Goates Blackfoot, ID William H. Wright John Frederic Greenfield Boise, ID Frank Church Mark J. Greenfield Portland, OR Larry N. Sokol Keith A. Greiner Emporia, KS James Blackwood Pearson Noma Diane Gurich Oklahoma City, Murray E. OK Abowitz Paul Thomas Hammerness Los Angeles, CA Marvin Goldsmith 76 MONDAY, OCTOBER 3, 1983

Applicant City and State Movant

Ted Marcus Handel wasningron, u\j r reaericK xi. rvlllo

Harry R. Harmon .Lancaster, r a. josepn r . Koaa

Thomas Alan Harris L^naixanooga, i in waiter n*. nooper dr. Edmund Burke Haywood "RalckirrVi "MP ridipn r rancis Gray

Sidney N. Herman Chicago, IL Jjonaia vj. ivempi jr. Charles J. Herrmann iacoma, wa jraui onyaer

son vqh/iic^a 1; A XAI T-? r\r\r*r\ T-< o /"] av James Arthur Hughes VV . IvccLc Datlcl Michael J. Jassak MiiwauKee, wi KoDert o.

icl "gl 111c Robert Michael Jonas lviannaiian ijeacn, Robert Graham r a Dcvcl lj David F. Jurca oeaiiie, vva rvicnara o. wnrce TVT/awi-rvViio TXT Clifford R. Kaeser iviempnis, iin ivines j . Alexander

Allen M. Katz TJUUorvc -TlllgclCiS,A vi rro 1 cio VjA\ A PotoT* "R Toff

Vicki Gordon Kaufman lallanassee, r L (jerald r>. Curington Richard Allan Kay brand Kapids, Ml Dennis Carl Kolenda Frederick Edwin Kearns lorrance, CA Robert Graham Beverly James Richard Keen Udessa, 1A Kobert Allen Moore Colin Campbell Kelley Oakland, CA Mark bcott Hamilton

Thomas Richard Kenney J: banta Kosa, CA John .b . DeMeo Joseph Haines Kleinfelter Harrisburg, PA LeKoy b. Zimmerman Alfred J. Kolom Monmouth, IL Robert Henry Howard Michael Steven Kotzker Los Angeles, CA Cecil William Marr Rene Octavio Lerer Atlanta, GA Michael J. Bowers Lawrence James Less San Francisco, CA David B. Birenbaum MONDAY, OCTOBER 3, 1983 77

Applicant City and State Movant

Joseph I. Lieberman New Haven, CT Clarine Carol Nardi Riddle Steven A. Loewy Baltimore, MD David C. Daneker Paul L. Loveday San Francisco, CA Martin J. Flynn Joel V. Lumer Miami, FL Bruce S. Rogow William Anthony MacGuire Jacksonville, FL Judge Lawrence D. Fay Mark J. Mandell New York, NY Richard E. Baumann William Francis Manifesto Pittsburgh, PA John L. Doherty Richard Allen Marshall Jr. Miami, FL Bruce S. Rogow Michael John McCauley Mankato, MN John R. Moonan Peter Francis McCloskey Washington, DC George J. Hughes Yolanda Martin McKeeman Austin, TX Thomas Miller Pollan Charles Everett Millsap Wichita, KS. Stephen Michael Joseph John Robert Morton Jr. Moorestown, NJ John A. Fratto George Edson Murphy Sacramento, CA Gregory H. Brown Ronald Merl Musser Wheeling, WV Dale Patrick Olson Randall David Naiman San Diego, CA M. James Lorenz Neil M. Nameroff Miami, FL Paul Morris Richard Even Nettum Americus, GA Thomas Day Wilcox Jr. Robert Alvey Newton Laguna Hills, CA Earle Joseph Dumont Jr. Robert Francis O'Neill San Diego, CA Thomas John Whelan Guy Warren Olano Jr. Kenner, LA Walter John Leger Jr. Winston A. Ostrow Green Bay, WI William J. Duffy Michael G. Parham Jasper, GA Thomas J. Lewis Jr. Andrew Jay Peck New York, NY Arthur L. Liman Thomas H. Penke Omaha, NB John Edward Nelson Tom L. Pettiette Houston, TX Joseph D. Jamail 78 MONDAY, OCTOBER 3, 1983

Applicant City and State Movant

Warren E. Piatt Phoenix, AZ Mark Wilmer Robert J. Pompliano Jersey City, NJ Matthew Burns Robert Joseph Primeau Livonia, MI Eugene S. Hoiby John Harley Ramsdell Southfield, MI K. Preston Oade Jr. William Glyn Ramsey Memphis, TN Leland M. McNabb Robert Hey Rawson Jr. Cleveland, OH Erwin N. Griswold Michael Dean Ray Coral Gables, FL James H. Fox Peter C. Richter Portland, OR Norman J. Wiener Gary A. Rife Norman, OK Robert J. Turner William George Robb Houston, TX Joseph Cleveland Johnson Barbara Rom Detroit, MI Herbert N. Weingarten Mark C. Rosenblum New York, NY Roy H. Steyer Ruth Forte' Ross Columbus, OH Harold L. Lawson Robert A. Santucci New York, NY Mario Merola Gary M. Schildhorn Philadelphia, PA Sidney Chait George H. Senteney Eau Claire, WI Thomas J. Graham Jr. Robert Harold Shaw Platte City, MO Donald A. Witt Timothy F. Shaw Lincoln, NB Richard P. Nelson Ann Plunkett Sheldon Chicago, IL John M. Cannon Randall Jeffrey Sherman Newport Beach, Paul L. Gale CA Monte Lee Sherrod Houston, TX John W. Milutin Leonard Stewart Shifflett Chicago, IL Charles Wilbur Boand Lloyd P. Silverstein New York, NY David B. Saxe Peter Alan Smit Grand Rapids, MI Dennis Carl Kolenda Leland C. Smith II St. Charles, MO Ellsworth Cundiff Jr. Robert E. Stacey Jr. Portland, OR John R. Faust Jr. Carl Edward Stephan Albany, NY Peter G. Crary Karen L. Strombom Tacoma, WA Timothy J. Lowenberg MONDAY, OCTOBER 3, 1983 79

Applicant City and State Movant

W. Dennis Summers Atlanta, GA A. Terry Sorrells Lawrence Teeter Los Angeles, CA Mark D. Rosenbaum Ronald Patrick Thibodeaux Gretna, LA Giles J. Duplechin Carl Payne Tobey Jr. San Antonio, TX William Pinckney Rudland Anthony C. Valiulis Chicago, IL Albert L. Grasso Howard K. Watkins Fresno, CA Alan L. Schlosser 0. Glenn Weaver Irving, TX Edward Neill English Jr. Stuart M. Widman Chicago, IL Albert L. Grasso Claude Charles Wild III Denver, CO Claude Charles Wild Jr. Charles Leslie Wilkinson Augusta, GA DeWitt Ronald III Dent Peeler Williams Jr. Waco, TX Michael Dean Morrison Harry H. Wise III New York, NY Gary A. Woodfield Thomas A. Withrow Indianapolis, IN Lawrence McTuman Roderick Barry Wood Homedale, ID R. B. Kading Jr. Eric K. Yamamoto Honolulu, HI Bruce Crawford Bigelow

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James Lester Kennedy Knoxville, TN John James Duncan William H. Jennings II Clayton, MO Henry John Hyde Martin Massimo Simone Beverly Hills, CA Bert D. Greenberg Jerry M. Melone Tulsa, OK Edward F. Terrar Jr. Joanne Frances Casey Oakland, CA Warren Barrios Wilson Oral Argument

No. 82-91. Immigration and Naturalization Service, Petitioner v. Padungsri Phinpathya. Argued by Mr. Elliott Schulder for the peti- MONDAY, OCTOBER 3, 1983 80 tioner and by Mr. Bert D. Greenberg for the respondent.

No. 81-1687. Sony Corporation of America, et al. , Petitioners v. Uni- versal City Studios, Inc., etc., et al. Reargued by Mr. Dean C. Dunlavey for the petitioners and by Mr. Stephen A. Kroft for the respondents.

No. 81-2101. Pennhurst State School and Hospital, et al., Petitioners v. Terri Lee Halderman, et al. Reargued by Mr. H. Bartow Farr, III, and Mr. Allen C. Warshaw for the petitioners and by Mr. Thomas K. Gilhool and Mr. David Ferleger for the respondents.

No. 81-2332. Norfolk Redevelopment and Housing Authority, etc., Petitioner v. Chesapeake and Potomac Telephone Company of Virginia, et al. Argued by Mr. Francis N. Crenshaw for the petitioner, by Mr.

Joshua I. Schwartz for the federal respondent in support of the petitioner, and by Mr. Joseph L. Kelly for the respondent, Chesapeake and Potomac Telephone Company of Virginia.

Opinion Per Curiam

No. A-197. James David Autry, Applicant v. W. J. Estelle, Jr., Di- rector, Texas Department of Corrections. On application for stay of execution. The application is denied. Opinion per curiam. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissent- ing opinion by Justice Stevens with whom Justice Brennan, Justice Marshall and Justice Blackmun join.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, OCTOBER 4, 1983 81 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Richard Gundersen Wilkins Washington, DC Solicitor General Rex E. Lee Harry Reid Las Vegas, NV Solicitor General Rex E. Lee Claude Edward Zobell Jr. Las Vegas, NV Solicitor General Rex E. Lee Lydia Irene Beebe Washington, DC Roger J. Marzulla Perry Warren Goodland, KS Roger J. Marzulla Martin Hoban Kresse San Francisco, CA Mark J. Spooner David J. Perrone Bethesda, MD Thomas Fortune Fay Joanne Doroshow Washington, DC Robert Hager James A. Ikard Oklahoma City, Michael H. OK Gottesman David Emmett Revens Warwick, RI John C. Revens Jr.

Oral Argument

No. 82-1256. Dennis Lynch, etc., et al., Petitioners v. Daniel Don- nelly, et al. Argued by Mr. William F. McMahon for the petitioners, by Mr. Solicitor General Rex E. Lee for the United States as amicus curiae, and by Mr. Amato A. DeLuca for the respondents.

No. 81-2159. Bill M. Silkwood, Administrator of the Estate of Karen

G. Silkwood, Deceased, Appellant v. Kerr-McGee Corporation, etc., et al. Argued by Mr. Michael H. Gottesman for the appellant, by Mr. C. Lee Cook, Jr. for the appellees, and by Mr. John H. Garvey for the United States as amicus curiae.

No. 82-500. Southland Corporation, et al., Appellants v. Richard D,

Keating, et al. Argued by Mr. Mark J. Spooner for the appellants and by Mr. John F. Wells for the appellees. 82 TUESDAY, OCTOBER 4, 1983

No. 82-585. Aloha Airlines, Inc., Appellant v. Director of Taxation of Hawaii; and

No. 82-586. Hawaiian Airlines, Inc., Appellant v. Director of Tax- ation of Hawaii. Argued by Mr. Richard L. Griffith for the appellants and by Mr. William D. Dexter for the appellee.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, OCTOBER 5, 1983 83 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Steven J. Errante New Haven, CT Bruce A. Morrison John J. Keefe Jr. New Haven, CT Bruce A. Morrison Charlton DeSaussure Jr. Charleston, SC Huger Sinkler Margaret Christian Pope Columbia, SC Huger Sinkler Nina Dodge Abrams Birmingham, MI Patrick J. Moran Robert Jerome Williams San Jose, CA Robert John Cynkar Stephen E. Katz San Diego, CA Saul Katz Grady Leslie Patterson III Columbia, SC Grady L. Patterson Jr. Sarah Gottsman Washington, DC Edward W. Gass Oral Argument

No. 94, Original. State of South Carolina, Plaintiff v. Donald T. Regan, Secretary of the Treasury of the United States. Argued by Mr. Huger Sinkler for the plaintiff, by Ms. Susan Lee Voss for the state of Texas, et al. as amici curiae, and by Mr. Louis F. Claiborne for the defendant.

No. 82-472. Joseph C. Russello, Petitioner v. United States. Argued by Mr. Ronald A. Dion for the petitioner and by Mr. Samuel A. Alito,

Jr. , for the respondent.

No. 82-357. Michigan, Petitioner v. Raymond Clifford and Emma Jean Clifford. Argued by Mrs. Janice M. Joyce Bartee, pro hac vici, for the petitioner and by Mr. K. Preston Oade, Jr., for the respondents.

No. 82-5466. Edward G. Welsh, Petitioner v. Wisconsin. Argued by Mr. Gordon B. Baldwin for the petitioner and by Mr. Stephen W. Kleinmaier for the respondent.

Adjourned until Tuesday, October 11, 1983 at 10 o'clock. x

(JOURNAL) TUESDAY, OCTOBER 11, 1983 85 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 82-2151. Fresh Pond Shopping Center, Inc., Appellant v. Ach- eson Callahan, et al. Appeal from the Supreme Judicial Court of Massa- chusetts. The appeal is dismissed for want of a substantial federal question. Dissenting opinion by Justice Rehnquist.

No. 8£-101. Iowans for Tax Relief and Don Carver, Appellants, v. Campaign Finance Disclosure Commission and Dan Johnston. Appeal from the Supreme Court of Iowa. The appeal is dismissed for want of a substantial federal question.

No. 83-303. Robert R. Maniates, Appellant v. City of Lynchburg, et al. Appeal from the Supreme Court of Virginia. The appeal is dismissed for want of a substantial federal question.

No. 83-5253. Albert Ostrowski, Appellant v. City of Joliet, Illinois. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition

No. 82-1739. Fundacion Educativa Ana G. Mendez, et al., Petition- ers v. Arsenio E. Suarez, et al. On petition for writ of certiorari to the Supreme Court of Puerto Rico. The motion of respondents Berta Gallego, et al. 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 Supreme Court of Puerto Rico for further consideration in light of Local 926, International Union of Operating Engineers, AFL-CIO v. Jones, 460 U.S. (1983).

Orders in Pending Cases

No. . P Stone, Inc., Petitioner v. Koppers Company, Inc., et al. The motion to direct the Clerk to file the petition for a writ of certiorari, out-of-time, is denied. 86 TUESDAY, OCTOBER 11, 1983

No. A-145. Margaret M. Heckler, Secretary of Health and Human Services, Applicant v. Mario Lopez, et al. The emergency application to vacate the stay entered by Justice Rehnquist is denied. Opinion by Jus- tice Stevens dissenting in part with whom Justice Blackmun joins. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins.

No. A-207. Carl Brimm, Applicant v. United States. The application for stay addressed to Justice O'Connor and referred to the Court is denied.

No. 8, Original. State of Arizona, Plaintiff v. State of California, et al. The motion for comments on the proposed decrees submitted by the State parties and the Solicitor General is granted and the parties are allowed until November 10, 1983 within which to file comments. Justice Marshall took no part in the consideration or decision of this order.

No. 86, Original. State of Louisiana, Plaintiff v. State of Mississippi, et al. The Exceptions to the Report of the Special Master are set for oral argument in due course.

No. 94, Original. State of South Carolina, Plaintiff v. Donald T. Regan, Secretary of the Treasury of the United States. The motion of the City of Baltimore, et al. for leave to file a brief as amici curiae is granted.

No. 81-757. W. Wayne Allen, Petitioner v. Inez Wright, etc., et al.; and

No. 81-970. Donald T. Regan, Secretary of the Treasury, et al., Peti- tioners v. Inez Wright, et al. The motion of the Solicitor General for divided argument is granted.

No. 82-687. United States, Petitioner v. Arthur Young & Company, et al. The motion of Arthur Andersen & Co., et al. for leave to participate in oral argument as amici curiae, for divided argument and for additional time for oral argument is denied. The motion of respondents for divided argument is granted.

No. 82-708. Summa Corporation, Petitioner v. California ex rel. State Lands Commission and City of Los Angeles. The motion of Na- tional Audubon Society, et al. for leave to file a brief as amici curiae is granted.

No. 82-945. Sure-Tan, Inc. and Surak Leather Company, Petitioners v. National Labor Relations Board. The motion of United Farm Work- ers of America, AFL-CIO, for leave to to file a supplemental brief as amicus curiae is denied. The motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae is granted. The motion of California Rural Legal Assistance Foundation for leave to file a brief as amicus curiae is granted.

No. 82-963. Massachusetts, Petitioner v. Osborne Sheppard. The motion of Florida for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 82-1047. United States, Petitioner v. One Assortment of 89 Fire- arms. The motion of Jerome N. Frank Legal Services Organization for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 82-1186. Trans World Airlines, Inc., Petitioner v. Franklin Mint Corporation, et al; and

No. 82-1465. Franklin Mint Corporation, et al., Petitioners v. Trans World Airlines, Inc. The motion of Mark Hammerschlag and Ellen Van Fleet for leave to participate in oral argument as amici curiae and for divided argument is denied.

No. 82-1771. United States, Petitioner v. Alberto Antonio Leon, et al. The motion of respondents for divided argument is granted. The motion of respondents for additional time for oral argument is denied.

Appeal—Jurisdiction Noted

No. 83-196. William D. Ruckelshaus, Administrator, United States Environmental Protection Agency, Appellant v. Monsanto Company. Appeal from the United States District Court for the Eastern District of Missouri. In this case probable jurisdiction is noted. Justice White took no part in the consideration or decision of this case.

Certiorari Granted

No. 82-2113. Robert D. H. Richardson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. No. 82-1608. South-Central Timber Development, Inc., Petitioner v. Robert LeResche, Commissioner, Department of Natural Resources of

Alaska, et al. The motion of Pacific Rim Trade Association, et al. for leave to file a brief as amici curiae is granted. Petition for writ of cer- 88 TUESDAY, OCTOBER 11, 1983 tiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 83-1. Theodore Koehler, Warden, Petitioner v. Tilden N. Engle. 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 granted.

Certiorari Denied

No. 82-1762. Trustees of the Rex Hospital, et al., Petitioners v. Hos- pital Building Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-1879. Jerry Dean Rousseau, Petitioner v. Crispus Nix, Com- mandant, U.S.D.B. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-1895. Thomas H. Krebs, Petitioner v. Mary Rita Krebs. Peti- tion for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 82-1961. Eugene Schiavoni, aka Joe Fomage, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-1984. Charles Smith, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 82-2040. Kenneth Ward Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-2072. In Re Alger Hiss, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6710. John Keenan, Petitioner v. Louie L. Wainwright, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6722. William Frederic Draper, Petitioner v. Department of

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

No. 82-6749. Lindsey Everett Holloway, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. TUESDAY, OCTOBER 11, 1983 89

No. 82-6763. Levann Bernard Brown, Petitioner v. Republic Steel Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6764. Donell Wilford, Petitioner v. A. R. Jago, Superintend- ent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6823. Murry Lee McDaniel, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 82-6832. Tyrone E. Jones, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 82-6909. Billy Bashlor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6969. Ronald David Veteto, Petitioner v. Warden, U.S. Peni- tentiary. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-21. American Telephone and Telegraph Company, Petitioner v. MCI Communications Corporation, et al.;

No. 83-32. MCI Communications Corporation, et al., Petitioners v. American Telephone and Telegraph Company; and No. 83-217. American Telephone and Telegraph Company, Peti- tioner v. MCI Communications Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-30. Monika Bagby, et al., Petitioners v. Cyrus Vance, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-50. Grolier Incorporated, et al., Petitioners v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-55. Rita Armilio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-59. American International Coal Co. , Inc. , Petitioner v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-66. Coloma Community School District, Petitioner v. Barbara

Jean Berry, et al.; and 90 TUESDAY, OCTOBER 11, 1983

No. 83-254. Zelma Fellner, et al., Petitioners v. Barbara Jean Berry, et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-75. Guillermo A. Saavedra, etc., Petitioner v. Raymond J. Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-84. Leo E. Balk, Petitioner v. United States International

Communication Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-107. Committee for an Independent P-I, et al., Petitioners v.

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

No. 83-109. The First Arabian Corporation, S.A., Petitioner v. Ghaith R. Pharaon. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-116. Khalil T. Shaheed, Petitioner v. Adam Metal & Supply Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-125. Penntech Papers, Inc. and T. P. Property Corporation, Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-127. Hammerhead Enterprises, Inc., et al., Petitioners v.

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

No. 83-152. George L. Karapinka, Petitioner v. Union Carbide Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-178. Western Company of North America, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-188. Clair Olsen and Guitar City Studios, Inc., Petitioners v. CBS Musical Instruments, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-202. City of Columbia, Missouri, Petitioner v. Paul N. How- ard Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. TUESDAY, OCTOBER 11, 1983 91

No. 83-210. Lynda Ivey and William J. Ivey, Petitioners v. T. Lamar Fisher. Petition for writ of certiorari to the Superior Court of Georgia, Cherokee County, denied.

No. 83-211. Lucile Lowry, et al., Petitioners v. Baltimore & Ohio Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-212. Wynn Oil Company, Petitioner v. Southern Union Ex- ploration Company of Texas. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 83-214. One Parcel of Land in Montgomery County, Maryland, et al. , Petitioners v. Washington Metropolitan Area Transit Authority. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-215. Hilda Bridges, Petitioner v. Cape Publications, Inc., et al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, Fifth District, denied.

No. 83-220. Doyle Nations, et ux., Petitioners v. Sun Oil Company

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

No. 83-221. Celina B. Mestre, etc., Petitioner v. Pitney Bowes, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-223. John Duggan, Petitioner v. Thomas Berdin. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-224. Adams Central School District No. 090, etc., et al., Peti- tioners v. Marvin Deist, et ux., et al. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 83-230. Charles Guard, et al., Petitioners v. Lester R. Kilburn. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-231. Hudson Burrell, et ux. and Scott Whelan, Petitioners v.

County of Sacramento, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-232. Georgia State Board of Naturopathic Examiners, et al.,

Petitioners v. Michael Bowers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-237. M. W. Zack Metal Co., Inc., Petitioner v. London Steamship Mutual Insurance Association Limited, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 92 TUESDAY, OCTOBER 11, 1983

No. 83-239. Kenneth Crawford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-241. Olson Motor Company and Ray A. Olson, Petitioners v. General Motors Corporation and General Motors Acceptance Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 83-246. David F. Mackey, Petitioner v. Robert V. Graham, State Auditor and Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 83-248. New England Toyota Distributor, Inc., Petitioner v. Jay Edwards, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-249. Wilma Everitt, et al., Petitioners v. City of Marshall,

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

No. 83-250. James Montgomery Gibson, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 83-261. Carson S. Gable, et al., Petitioners v. Roger Sames and Dennis Troccola. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-262. Cheechako Leasing Company, Petitioner v. Workers'

Compensation Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 83-267. Janice Brownfield, Petitioner v. City of Laguna Beach, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 83-268. Michelin Tire Corporation, Commercial Division, Peti- tioner v. Bostick Oil Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-269. Claude Harvey Segrest, Jr., Petitioner v. Patsy Sue Segrest. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 83-274. Sherman Adams, Petitioner v. City of Shepherdsville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-281. Kathryn Mae Thompson, Petitioner v. John Delance

Thompson. Petition for writ of certiorari to the Supreme Court of Illi- nois denied. TUESDAY, OCTOBER 11, 1983 93

No. 83-304. M. Marshall Landy, Petitioner v. Federal Aviation Ad- ministration and United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-309. David Duncan, Petitioner v. Huntington Park Redevel- opment Agency. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-312. Anthony Corricelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-313. Adam Eugene Little, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 83-316. Vittorio Leone, et al., Petitioners v. Cosmopolitan Ship- ping Co., S.A. etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-318. Joseph Anthony LaMaina and James Conover, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-326. Stanley Resnick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-327. Don Halsell, Petitioner v. Local Union No. 5, Bricklay- ers & Allied Craftsmen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-335. American Jewish Congress, Petitioner v. United States Department of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-350. International Studio Apartment Association, Inc., et al.,

Petitioners v. Robert E. Lockwood, etc., et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 83-360. Jerry Thomas Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-364. Cave Hardin and Cecil Hardin, Petitioners v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-369. Michael Paul Udofot, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 94 TUESDAY, OCTOBER 11, 1983

No. 83-370. John W. Duffell, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-375. Jacques S. Zinman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-393. Armand Casoria, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-404. Randolph Simmerson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5039. Elzie Lee Davis, Petitioner v. John L. Weldon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5147. Richard Graham, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 83-5221. Morrise Plain, Petitioner v. City of Baton Rouge. Peti- tion for writ of certiorari to the 19th Judicial District Court, Parish of East Baton Rouge, Louisiana, denied.

No. 83-5222. Joseph Scott Laing, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5226. Andrew G. Holguin, Jr., Petitioner v. Robert R. Raines, Superintendent, Arizona State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5229. Sylvester McKinon, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5237. Frank Edward Bachner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5238. Arnold Maxwell Harris, Petitioner v. Hazel Hayes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. TUESDAY, OCTOBER 11, 1983 95

No. 83-5240. Matthew Faison, Petitioner v. J. Thornton, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5241. Travis M. Guyton, Petitioner v. James G. Ricketts, Ex- ecutive Director, Colorado Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5243. John Calvin Thompson, Petitioner v. L. A. Steele, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5244. Lee Roy Tucker, Petitioner v. London Gold Exchange, London Metal Exchange, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5245. Arthur C. Adams, Petitioner v. L. W. Barnes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-5249. Lewis Floyd, Jr., Petitioner v. Tom Allen, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5262. Reuben Issac Coats, Petitioner v. Harry Allsbrook, Su- perintendent, Odom Complex, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5265. Larry Brady, Petitioner v. Barry Mintzes, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5268. Strother S. Holder, Petitioner v. Linwood V. Stephen- son, Superintendent, North Carolina Department of Corrections. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5271. Jirik Parez, Petitioner v. City and County of San Diego, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-5275. David Crocket Spriggs, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 83-5277. Gordon Ray Fears, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5279. Joseph J. Atwell, et al, Petitioners v. Metropolitan At- lanta Rapid Transit Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 96 TUESDAY, OCTOBER 11, 1983

No. 83-5281. Leslie E. Knighten, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5284. Arthur Cauley, Petitioner v. Robert Henderson, Super- intendent. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5285. Marvin Vincent Harris, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5288. Charles Billups, Jr. , Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Appeals Court of Massachusetts denied.

No. 83-5292. Wellington Williams, Petitioner v. Pepsi-Cola Bottling Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5294. Linwood Fields, 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. 83-5295. Cleveland P. Billiot, et al., Petitioners v. Duncan Crew

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

No. 83-5299. Herman Flores and Irma Flores, Petitioners v. William F. Aranguren. Petition for writ of certiorari to the Union County Dis- trict Court denied.

No. 83-5301. Joseph Dugar, Petitioner v. Robert Abrams, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5315. Willie Alfred Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5318. Steven H. Ehnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5321. Stanley Bryan Maxcy, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5323. Adren Crouch, Petitioner v. Margaret M. Heckler, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. TUESDAY, OCTOBER 11, 1983 97

No. 83-5325. Joseph M. Baxter, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5327. Derwin Mario Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5328. Lourdes Cardona Frankel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5331. Roberto Cascante-Bernitta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5333. Laurie Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5337. Elijah Fard Savior Muhammad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-5345. Thomas P. Shackelford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5353. Rasik Patel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5355. Leslie Minye, Petitioner v. University of Michigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5356. Terrence Moore, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 83-5359. Constanza D'Allerman, a/k/a Reyna Maria Murcia, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5372. Arthur Brennan Malloy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5373. Johnnie Mae Martin, et al., Petitioners v. California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. ,

98 TUESDAY, OCTOBER 11, 1983

No. 83-5380. Ronnie Edward Smith, Petitioner v. Eddie Lucas, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5381. Robert David Van Almen, Petitioner v. Ronald G. Mar- shall, Superintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5407. Richard Francis DeVincent, Petitioner v. Robert J. Verdeyen, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5412. Timothy Culver, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5414. Lee Otis Johnson, Petitioner v. Ben W. Norman, etc. et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5416. Roy Johnson, Petitioner v. Charles Zimmerman. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5417. Bob C. Warren, Petitioner v. Tampa Florida Police De- partment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1390. Ronald N. Ashley, et al. , Petitioners v. City of Jackson,

Mississippi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice Rehnquist with whom Justice Brennan joins.

No. 82-1633. Hospital Building Company, Petitioner v. Trustees of the Rex Hospital, et al. The motion of Federation of American Hospi- tals 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 Fourth Circuit denied. Justice Brennan and Justice White would grant certiorari.

No. 82-6498. Delma Banks, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Brennan dissenting: Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), I would grant certiorari and vacate the death sentence in this case. Dissenting opinion by Justice Marshall. TUESDAY, OCTOBER 11, 1983 99

No. 82-6973. Tyronne Lindsey, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-6979. Anthony Joe LaRette, Jr., Petitioner v. Missouri. Peti- tion for writ of certiorari to the Supreme Court of Missouri denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-5077. Gerald Smith, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5124. Mark A. Hopkinson, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. Dis- senting statement by Justice Brennan and Justice Marshall. No. 83-5146. Andrew Wedding Craig and Francis Marion Anthony, Petitioners v. North Carolina. Petition for writ of certiorari to the Su- preme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5366. Antonio James, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 82-7013. James E. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 83-222. Borman's Inc., Petitioner v. Allied Supermarkets, Inc. The motion of Creditors' Committee of Allied Supermarkets, Inc. for leave to intervene as a party respondent is denied. The alternative request 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. 83-308. Richard Kelly, 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 District of Columbia Circuit denied.

No. 83-5231. William Amos Duckett, Jr., Petitioner v. Robert R.

Raines, Warden, et al. 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. 100 TUESDAY, OCTOBER 11, 1983 Habeas Corpus Denied

No. 83-380. In Re John Waters, Petitioner. Petition for writ of habeas corpus is denied.

Mandamus Denied

No. 83-5251. In Re Dennis J. Banks, et al, Petitioners. Petition for writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 82-1398. M/V POLLUX, Her Engines, Tackle, etc., et al., Peti- tioners v. Goodpasture, Inc. The petition for rehearing is denied.

No. 81-523. Container Corporation of America, Appellant v. Fran- chise Tax Board. The petition for rehearing is denied. Justice Stevens took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Monday, October 17, 1983, until Monday, October 31, 1983.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Michael Adelman Hattiesburg, MS Alison Steiner H. Glenn Alberich Boston, MA Morris M. Goldings David William Paul Albert South Bend, IN Charles Francis Crutchfield Irma B. Ascher New York, NY Henry Winestine Cathy Abramson Auble Denver, CO Gavin Knox Lodge III Ben H. Becker Cranford, NJ Charles Anthony Stanziale Jr. Mark Thomas Bennett San Diego, CA Michael E. Merrill Marianna Brown Bettman Cincinnati, OH Nathaniel Raphael Jones TUESDAY, OCTOBER 11, 1983 101

Applicant City and State Movant

Jeffrey Stephen Brand Oakland, CA Stephen P. Berzon William V. Brown Coeur d'Alene, ID Clarence J. Hamilton Jeffrey Amsterdam Burt Washington, DC Walter J. Rockier C. Rick Chamberlin San Francisco, CA Stephen Adams Rebecca Lynn Coleman Richlands, NC Ferd Leary Davis Jr. Frederick Bruce Dodge San Francisco, CA William Alsup Ken Sue Shear Doerfel Lawton, OK Nicholas D. Garrett Nicholas R. Doria Hackensack, NJ Frank P. Lucianna Cynthia Drabek Washington, DC Squire Padgett Jr. Douglas S. Eakeley Short Hills, NJ Harold R. Tyler Jr. William Lester Edwards Arlington, VA Linwood C. Major Jr. Jerome Conlan Finefrock Lancaster, PA John H. Miller Jr. Dennis Patrick Flanagan Santa Barbara, John P. Forhan CA Ronald Earl Foster Golden, CO Ronald J.

Hardesty' Edward Henry Hauser York, PA Clyde E. Garber Williamson Joseph Paul Giasi Jr. New York, NY Alexander L. Caccia Jr. Eugene H. Gilmartin Westwood, NJ Michael S. Isaacs Jerome S. Gold Springfield, MA Eugene Bruce Berman M. Williams Goodwyn Jr. Birmingham, AL Douglas Arant Thomas Kent Guelzow Eau Claire, WI Thomas J. Graham Jr. Bruce H. Hanley Minneapolis, MN Theodore J. Collins Peter James Hannums Washington, DC Grace Powers Monaco

Carolyn S. Hazel Houston, TX Thomas H. Burton Jr. 102 TUESDAY, OCTOBER 11, 1983

Applicant City and State Movant

Ronald J. Hedges Newark, NJ Eugene M. Harmg Kathryn G. Henkel Dallas, TX Vester T. Hughes Jr.

/"I T"» XT j_ Claudia A. McGee Henry Los Angeles, CA Gary R. Netzer Susan P. Herman Augusta, ME Rufus Edward Brown

T"» J_ T~» T A Mark A. Holden Baton Rouge, LA Alfred C. Kammer TT II

TT 1 1 TTT T7 * m T. Bruce Honda Honolulu, HI Kevin T. Wakayama XT Sheryl L. Hopkins New Orleans, LA Walter r>. fetuart

TV1 V

17* T Akhtar Hussain IVllallll,IVTiomi r Lj rvouoiio ooronao jr.Tv

William E. Isaeff neno, in v uonaia r . iviasic

Francis Edward Jackson J Westnela, IN J Laurence Hugh Spivack Douglas Charles Jenkins oalem, Un Frederic E. Naragon "D lfim Linda H. Jones OdilJillUIq r»voc, IVllyAT otepnen n. odcns Vonciel Jones Dallas,"Halloo TVia Carroll Ross uranam

Ronald J. Kaden Richmond James J. rieignts, iviu Knappenberger r> VTT7 John Joseph Kadlic Jr. Keno, JN V Larry D. Struve

David Kemp Karnes Umana, JNb Judge John J. Sirica

A 11 „ „ j- „ „-,„ T~> A John Peter Karoly Jr. Allentown, rA Arthur William Hankin

Lawrence John Keating l^allLafclcI , in juiiii n. iviiiici or. Paul D. Keenan r nnaaeipnia, r j± Edward Charles looie Jr. Rolf Michael Kehne noise, ID Stewart A. Morris Michael G. King Tampa, FL Seymour Leonard Honig Donna Cecelia Kline Houston, TX Frank McReynolds Wozencraft j

TUESDAY, OCTOBER 11, 1983 103

Applicant City and State Movant

David V. Kornreich Miami, r L Iheodore Klem T HIT ' Robert Joseph Lambert Jr. Springfield, AR James Morrison Koy jr. TXT'n oiling n+ A« "Pk/^ Cynthia J. Larsen Wasnmgton, UL Thomas James Wnalen Eleanor Janice Law Fort Lauderdale, J. David

r ij Bogenschutz

• T Joseph Lewis Jr. lailanassee, r ij Miguel Antonio unvena jr.

XJUlldlLlMntidln XV.P XjlvlllgaLUllT lTnnfrotAn iT^lldllld,Atlanta OA d Ullll Xvdlltldll VJUlULllWdlLc or. Qon Tiiqti PP XjUlb JL. l_j(jpt;Z-V_y(ji I ca Odll J Udll, XXV xvODerxo d . lvidtos

1 Wooninfrfr\M Tli T-^of" av A lima yi XDi ULc X . IVXdLlvlcI VV dfelllllgLUll, LJ\j f cLcl jri-illlldll f^vppnVmvcr vjri cciiuux g lVXldldcl 1 UUllg lVXdL-XVlllllUll Odll X-JlcgU, Uii XVclLll Xj.

1VXC VV lllldlllo lVllCndcl d alllcb iVXdldK XjOo rvllgclco, v^rV IVXdXLlIl VJdllg Enid Martinez-Moya Guaynabo, PR Francisco AUguSto Jz>esosa

^naries w . ivieunn xiouston, ia HiQwara a. ividiieit

John Edward Milner jacKson, ivio xLiumuna Li. orunini dr.

Bruce Edward Nassberg union, in xvicnara x erry RnHhart uon ivi. iNewman wasningxon, XJdVlU IVXdl Llll JJdl IcLL \T/\tir Vr»vlr MY jonn r . u uonneii i\ew x orK, in x iNicnoias d osepn

IlealHpalvV 111TTT T,anpj}c:tpv lYXidldGl X. w tciic t PA John'J Ullll HXX. MillerITillld Jrt) X • Tqtvioc ivr WilliQTYiVV lllldlll XX.T-T xdUlcyPanic™ XXXTTT lNcWMow YnrkXUllV, INNYX d dlllcb 1VX. Catterson Jr. Oscar J Pena Sr Laredo TX Carlos M. Zaffirini Carl Peterson San Francisco, CA David B. Ziegler David H. Pfeffer New York, NY George B. Finnegan Jr. Paul D. Phillips Denver, CO Robert T. Connery 104 TUESDAY, OCTOBER 11, 1983

Applicant City and State Movant

Michael Wray Price Anchorage, AK Clifford J. Groh Vincent J. Protsch Howard, SD David R. Gienapp David Raben Miami, FL Jeffrey Stuart Weiner Richard Worth Ragsdale McLean, VA C. Willis Ritter Robyn Elizabeth Ray Longview, TX Brenda Gale Willett Elizabeth Reilly Akron, OH William Thomas Whitaker Jr. Thomas Savidge Richards Rochester, NY William H. Morris Gary L. Rigney Huntsville, AL William David Page Gordon Dean Rogers Miami, FL Theodore Klein Brenton Lee Rogozen Honolulu, HI John Harris Paer Gita F. Rothschild Westfield, NJ Andrew T. Berry James Anthony Russo Hackensack, NJ John Dolan Harrington William McClintock Ryland Manassas, VA Paul B. Ebert Joseph John Santora New York, NY Salvatore Anthony Ranieri Carlos Santos-Correa San Juan, PR Roberto J. Matos Terence Toby Savery Seattle, WA David Frank Stobaugh Michael Stephen Scalzo Chicago, IL James Joseph Kritek Sr. Anne Millar Jeffrey Sacramento, CA George Donald Schneider Basye Jay Thomas Seeger Lafayette, IN J. Frederick Hoffman James Bernard Sheils Springfield, MA Eugene Bruce Berman Susan Shinkman Washington, DC John James Collins John Anthony Smith New York, NY Alexander L. Caccia Jr. Nicholas John Spaeth Fargo, ND John D. Kelly G. Thomas Sullivan Birmingham, AL David DeLand Wininger TUESDAY, OCTOBER 11, 1983 105

Applicant City and State Movant

Kenneth Marshall Switzer Nashville, TN Walter Cotton Sr. Kurtz Henry F. Telfeian San Francisco, CA Patrick W. Jordan Sandra Kay Cullar Terrill Lawton, OK Nicholas D. Garrett Robert M. Tobias Washington, DC Lois G. Williams Peter McNaughton Vial Seattle, WA William L. Dwyer Stephen D. Wakefield Memphis, TN Frierson M. Graves Jr. Leon Vernon Walker Jr. Beverly HiUs, CA William D. Heimbach James Michael Walls Atlanta, GA John Randall Goldthwaite Jr. John Joseph Walsh New York, NY William R.P. Hogan Britton White Jr. Denver, CO Patrick M. Westfeldt Walter Hiawatha White Jr. Milwaukee, WI Kent Thor Lundgren Robert Elliott Whitley Kinston, NC Fred W. Harrison David Jay Wiener Palm Beach, FL James Russell Merola K. Allan Zabel Pleasant Grove, Paul M. Tinker UT

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Ronald S. Orr Los Angeles, CA Solicitor General Rex E. Lee Herbert Weston Walker Napa, CA Jerry M. Patterson Michael N. Apfelbaum Washington, DC Jeffrey J. Bernstein Douglas Orton Waikart Washington, DC Frank Wolf Waikart Andria Kay Richey Los Angeles, CA Craig Nevin Hentschel 106 TUESDAY, OCTOBER 11, 1983

Applicant City and State Movant

Kimball H. Carey Columbus, OH James L. Messenger

Oral Argument

No. 82-738. Ethel D. Migra, Petitioner v. Warren City School Dis-

trict Board of Eduction, et al. Argued by Mr. John R. Vintilla for the petitioner and by Mr. James L. Messenger for the respondents.

No. 82-818. National Labor Relations Board, Petitioner v. Bildisco

and Bildisco, Debtor-In-Possession, et al.; and

No. 82-852. Local 408, International Brotherhood of Teamsters, etc.,

Petitioner v. National Labor Relations Board, et al. Argued by Mr. Lawrence G. Wallace for the National Labor Relations Board, by Mr. James R. Zazzali for Local 408, International Brotherhood of Team- sters, etc. and by Mr. Jack M. Zackin for Bildisco and Bildisco.

No. 82-599. Commissioner of Internal Revenue, Petitioner v. Fred L. Engle, et ux.; and

No. 82-774. Philip D. Farmar, et al., Petitioners v. United States. Argued by Mr. Carter G. Phillips for the Commissioner of Internal Revenue and the United States, by Mr. Thomas J. Donnelly for Fred L. Engle, et ux., and by Mr. Marvin K. Collie for Philip D. Farmar, et

al.

No. 82-799. Bureau of Alcohol, Tobacco and Firearms, Petitioner v. Federal Labor Relations Authority, et al. Argued by Ms. Carolyn Corwin for the petitioner and by Ms. Ruth E. Peters for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, OCTOBER 12, 1983 107 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

John S. Richbourg Memphis, TN David Glynne Owen

Oral Argument

No. 82-5279. Arthur Dixson, Petitioner v. United States; and

No. 82-5331. James Lee Hinton, Petitioner v. United States. Argued by Mr. Donald V. Morano for the petitioners and by Mr. Richard G. Wilkins for the respondent.

No. 82-827. Minnesota, Petitioner v. Marshall Donald Murphy. Ar- gued by Mr. Robert H. Lynn for the petitioner, by Mr. David A. Strauss for the United States, as amicus curiae, and by Mr. Mark S. Wernick for the respondent. No. 82-975. Members of the City Council of the City of Los Angeles, et al., Appellants v. Taxpayers for Vincent, etc., et al. Argued by Mr. Anthony Saul Alperin for the appellants and by Mr. Wayne S. Canter- bury for the appellees.

No. 82-556. Press-Enterprise Company, Petitioner v. Superior Court of California, Riverside County. Argued by Mr. James D. Ward for the petitioner and by Mr. Glenn Robert Salter for the respondent.

Adjourned until Monday, October 17, 1983 at 10 o'clock. x

(JOURNAL) MONDAY, OCTOBER 17, 1983 109 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, and Justice O'Connor. 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." Appeals—Summary Disposition

No. 82-1493. John F. Healy, et al., Appellants v. United States

Brewers Association, Inc. , et al. Appeal from the United States Court of Appeals for the Second Circuit. The judgment is affirmed. Justice White, Justice Rehnquist and Justice O'Connor would note probable jurisdiction and set the case for oral argument. Justice Powell took no part in the consideration or decision of this case.

No. 82-6798. Paul Auclair, Appellant v. Wyoming. Appeal from the Supreme Court of Wyoming. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-292. Patrick Clooney, Appellant v. Town of Harrisville. Ap- peal from the United States Court of Appeals for the First Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-302. Saranelle Avedisian, Appellant v. Albert E. May, et al. Appeal from the United States Court of Appeals for the Fourth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-341. Peter Pearson, Appellant v. Ohio. Appeal from the Court of Appeals of Ohio, Cuyahoga County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-374. Jonathon Earl Logan, Appellant v. Supreme Court of

Iowa, et al. Appeal from the Supreme Court of Iowa. The appeal is dismissed for want of a substantial federal question. No. 83-5320. Terry L. Fullmer, Appellant v. Utah. Appeal from the Supreme Court of Utah. The appeal is dismissed for want of a substantial federal question. 110 MONDAY, OCTOBER 17, 1983

Orders in Pending Cases

No. D-332. In the Matter of Disbarment of Edward Parsons. Disbar- ment order entered. No. D-333. In the Matter of Disbarment of Herbert Russell Baxter. Disbarment order entered. No. D-335. In the Matter of Disbarment of Donald G. Huber. Disbar- ment order entered. No. D-336. In the Matter of Disbarment of Lee Marshall McLean. Disbarment order entered. No. D-337. In the Matter of Disbarment of Edward B. Vandoren. Disbarment order entered.

No. B-338. In the Matter of Disbarment of John Sellers Collins. Dis- barment order entered.

No. D-340. In the Matter of Disbarment of John D. Long, III. Dis- barment order entered.

No. D-341. In the Matter of Disbarment of Carl R. Scacchetti, Jr. Disbarment order entered. No. D-342. In the Matter of Disbarment of John David Baker. Dis- barment order entered. No. D-344. In the Matter of Disbarment of Hugh William Stroh. Dis- barment order entered. No. D-346. In the Matter of Disbarment of Frederick E. Hollings- worth. Disbarment order entered.

No. D-347. In the Matter of Disbarment of Read Rocap, Jr. Disbar- ment order entered. No. D-365. In the Matter of Disbarment of Harry Newton Rayburn, Jr. It is ordered that Harry Newton Rayburn, Jr., of Jackson, Missis- sippi, 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-366. In the Matter of Disbarment of Joseph C. McMurray. It is ordered that Joseph C. McMurray, of Juneau, Alaska, 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-367. In the Matter of Disbarment of William F. Treuber. It is ordered that William F. Treuber, of Smithtown, New York, be sus- MONDAY, OCTOBER 17, 1983 111 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-368. In the Matter of Disbarment of Allan F. Glasschroeder. It is ordered that Allan F. Glasschroeder, of Milwaukee, Wisconsin, 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-369. In the Matter of Disbarment of Phillip John Cantagallo. It is ordered that Phillip John Cantagallo, of Ashtabula, 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-370. In the Matter of Disbarment of Carl Goldfarb. It is ordered that Carl Goldfarb, of Charlotte, 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-371. In the Matter of Disbarment of Harold B. Jones. It is ordered that Harold B. Jones, of Midland, 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-372. In the Matter of Disbarment of Joseph Salim Chagra. It is ordered that Joseph Salim Chagra, of El Paso, 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. 82-818. National Labor Relations Board, Petitioner v. Bildisco and Bildisco, Debtor-In-Possession, et al.; and No. 82-852. Local 408, International Brotherhood of Teamsters, etc., Petitioner v. National Labor Relations Board, et al. The motion of American Federation of Labor and Congress of Industrial Organiza- tions for leave to file a supplemental brief as amicus curiae is denied. No. 82-945. Sure-Tan, Inc. and Surak Leather Company, Petitioners v. National Labor Relations Board. The motion of Mexican American Legal Defense and Educational Fund, Inc., et al. for leave to file a brief as amici curiae is granted. No. 83-507. Carpenters Pension Trust for Southern California, Peti- tioner v. Shelter Framing Corporation and G & R Roofing Company. 112 MONDAY, OCTOBER 17, 1983

The motion of petitioner to defer consideration in Nos. 83-245 and 83-291, or in the alternative, to expedite consideration of the petition for a writ of certiorari in No. 83-507 is denied.

Appeals—Jurisdiction Noted

No. 82-1577. Michigan Canners and Freezers Association, Inc., et al., Appellants v. Agricultural Marketing and Bargaining Board, et al. Appeal from the Supreme Court of Michigan. In this case probable jurisdiction is noted.

No. 83-245. Pension Benefit Guaranty Corporation, Appellant v. R. A. Gray & Company; and No. 83-291. Oregon-Washington Carpenters-Employers Pension Trust Fund, Appellant v. R. A. Gray & Company. Appeals from the United States Court of Appeals for the Ninth Circuit. The motion of G & R Roofing Company for leave to file a brief as amicus curiae in No. 83-245 is granted. 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. 82-1734. Linda Sidoti Palmore, Petitioner v. Anthony J. Sidoti. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, granted.

No. 82-1994. Kirby Forest Industries, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit granted.

No. 82-2042. Westinghouse Electric Corporation, Petitioner v. Christine Vaughn and Marion Gee. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 82-2056. Escondido Mutual Water Company, et al., Petitioners v. La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission

Indians, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 83-271. National Collegiate Athletic Association, Petitioner v. Board of Regents of the University of Oklahoma and University of Georgia Athletic Association. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 83-95. Ernest S. Patton, Superintendent, SCI-Camp Hill and Harvey Bartle, III, Attorney General of Pennsylvania, Petitioners v. MONDAY, OCTOBER 17, 1983 113

Jon E. Yount. 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 Third Circuit granted.

No. 83-128. United States, Petitioner v. William Gouveia, et al. The motion of respondent Robert Ramirez for leave to proceed in forma pauperis is granted. The motion of respondent Philip Segura for leave to proceed in forma pauperis is granted. The motion of respondents Robert E. Mills and Raymond Pierce 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 granted.

No. 82-6840. Michael P. James, Petitioner v. Kentucky. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Kentucky granted.

Certiorari Denied

No. 82-1678. Erin Fulton, et al., etc., Petitioners v. Plumbers and Steamfitters, Local 598, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-1911. James Gresham Gibson, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 82-1976. Alabama, Petitioner v. Joyce Glass McCrary. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 82-2017. Joseph N. Martin, Petitioner v. J. P. Mitchell, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 82-2019. Michael Eugene Weech and Richard Vernon Wright, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-2100. Elizabeth M. Behrend, et al., Petitioners v. Govern- ment National Mortgage Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-6789. Thomas Lester Jones, Petitioner v. Arnold Jago, Su- perintendent, London Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6797. Marilyn Bloch, Petitioner v. Gordon M. Ambach, Com- missioner of Education of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 114 MONDAY, OCTOBER 17, 1983

No. 82-6811. Mark Pirolli, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 82-6903. William Alvin Latner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6919. Patrick Russell Wayne, Petitioner v. Robert R. Raines,

Administrator, Arizona Correctional Training Center-Tucson, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6920. Samuel Snead, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-6975. Jose C. Rodriguez, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District 1, denied.

No. 83-86. S. E. Nichols of Ohio, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-114. Domingo Galvan, et al., Petitioners v. United States; and

No. 83-123. Nelson Jamardo, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-120. New York Racing Association, Inc., Petitioner v. Na- tional Labor Relations Board and New York State Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-129. Clyde Holloway, et al., Petitioners v. Virgie Lee Valley, et al.; and

No. 83-289. Rapides Parish School Board, et al., Petitioners v. Virgie

Lee Valley, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-132. Struthers Patent Corporation, et al., Petitioners v. The Nestle Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-136. Lake Erie Alliance for the Protection of the Coastal Cor- ridor, Inc., et al., Petitioners v. United States Army Corps of Engi- neers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, OCTOBER 17, 1983 115

No. 83-137. Berlitz Schools of Languages of America, Inc., Peti- tioner v. Vicki Bartelt and Lydia Melsen. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-195. Delta Farms Reclamation District No. 2028, Petitioner v. Superior Court of San Joaquin (Mabel Fernandez, et al., Real Parties in Interest). Petition for writ of certiorari to the Supreme Court of Cali- fornia denied.

No. 83-201. Milton Weiss, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-213. New York State Association for Retarded Children, Inc., et al., Petitioners v. Hugh L. Carey, Individually and as Governor of the State of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-225. Larry Van Emmerik, etc. , Petitioner v. Montana Dakota

Utilities Co. , et al. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 83-255. Albert B. Benson and Viktor E. Benson, Petitioners v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 83-259. Eastern Air Lines, Inc., Petitioner v. Atlantic Richfield Company. Petition for writ of certiorari to the United States Tempo- rary Emergency Court of Appeals denied.

No. 83-265. Denise A. Chaffee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 83-273. Helen Galardo, dba Term Con Electronics and William D. Buchanan, dba CKG Associates, Petitioners v. AMP Incorporated and AMP Products Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-285. Stephen Kelly, Petitioner v. United States; and

No. 83-5296. Michael Kelly, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-288. Albert A. Blanck, Petitioner v. Chester M. McKeen, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 83-290. Lottie Mae Ivy, Petitioner v. Natchitoches Parish School Board and Levi J. Thompson. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. 116 MONDAY, OCTOBER 17, 1983

No. 83-294. Horace Lindsey, Petitioner v. Edmund Kelly, Superin- tendent of the Chicago Park District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-301. Alaska Lumber & Pulp Company, Inc., Petitioner v. Reid Brothers Logging Company; and

No. 83-307. Ketchikan Pulp Company, Petitioner v. Reid Brothers Logging Company. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-339. Eileen M. Provoda, Petitioner v. Belen Board of Educa- tion, dba Belen Consolidated Schools, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-363. Connecticut, Petitioner v. Charles F. Ubaldi. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 83-376. Stanley Yalkowsky, et al., Petitioners v. Benjamin Shedler, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-433. Stanley Yalkowsky, Petitioner v. J. Henry Neale, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-470. Harland L. Radue, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-471. Antonio Martinez Cruz, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-481. Eddie Thompson, Jr., Petitioner v. June Hedrick and Jo- seph Condit. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5026. Douglas M. Jackson, Petitioner v. Robert A. Butter- worth, Sheriff. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5028. Gerald Leycock, Petitioner v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-5054. Stanley Maxey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, OCTOBER 17, 1983 117

No. 83-5060. Jack Henry Abbott, Petitioner v. Ricci Adan, etc. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 83-5062. Willard E. Johnson, Petitioner v. Ronald Hubbard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5079. J. W. Henry, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 83-5149. Peter Allen Hagler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5160. Richard Zboinski, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-5163. Gary Carl Weeks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5169. Orlando Atencia, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-5170. Jonny Dion April, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-5173. Fidel Tejeda-Gallegos, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5181. Brian Lee Booker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5206. Ante Ljubas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5300. John Stephan Parisie, Petitioner v. J. W. Greer, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-5303. Robert F. Harvey, Petitioners. Elliott N. Pincus, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5314. B. Frank Thomas, Petitioner v. J. D. Cox, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 118 MONDAY, OCTOBER 17, 1983

No. 8&-5319. Charles E. Egger, Petitioner v. Harlan C. Phillips. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 8&-5346. William John Kodadek, Petitioner v, United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5350. Elwood Smith, Petitioner v. North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5362. Clarence Edward Bonner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5378. Jeffrey Jerome Walker, Petitioner v. R. L. Dugger, Su- perintendent, Florida State Prison, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 83-5391. Steven T. Heise, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5398. Eric V. Flemmings, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 83-5421. Edwrick V. Fowler, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-5423. Roderick Marvin Greer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5427. James Ralph Berick, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5435. Gabriel Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5462. Robert D. Hardin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 82-1718. Randall Book Corporation, Petitioner v. Maryland. Pe- tition for writ of certiorari to the Court of Special Appeals of Maryland denied. Dissenting opinion by Justice Brennan with whom Justice Mar- shall joins. MONDAY, OCTOBER 17, 1983 119

No. 82-2091. Shearn Moody, Jr., Petitioner v. David C. Meyers, et al. The motion of Washington Legal Foundation for leave to file a brief as amicus curiae is granted. The motion of American Conservative

Union, et al. for leave to file a brief as amici curiae is granted. The motion of Citizens Economic 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 Fifth Circuit denied.

No. 82-6913. Andre Jones, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Marshall. No. 83-284. John C. Moon and Zion Industrial Corporation, Petition- ers v. Hyosung America, Incorporated. The motion of respondent for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5053. Salvatore Petrella, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Dissenting opinion by Justice White with whom Justice Blackmun joins.

No. 83-5209. Stephen Todd Booker, Petitioner v. Louie L. Wain- wright, 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 Brennan and Jus- tice Marshall.

No. 83-5267. Robert A. Sullivan, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

Admissions to the Bar on Written Motions

Applicant City and State Movant

John Griffith Atherton Emporia, KS William James Dick Barry Marc Bernstein New York, NY Ralph W. Felsten Collin D. Bull New York, NY Esmeralda Simmons Robert Lee Burnett Jr Beaumont, TX Raymond M, Brassard Robert Marvin Clark Palm Springs, CA Bruce Allen Spear ,

120 MONDAY, OCTOBER 17, 1983

Applicant City and State Movant

Howard Charles Cohen oan Diego, ua Thomas Edward Gniatkowski riian iv au v^rain jr. riousLon, ia w . rvODerx .crown Tor»ri T? T^v^oum Mawivldx y jTXUcllAHpII l_/dlllllDnffin IxUuolUll, lA. d Ullll XV. JDxUWll

Barry R. Davidson Miami, r Li laiDot jj AiemDerte Kimberly Jennings Dean iNasnviiie, ijn Peter Harwood Curry ri-IlUIcW 1V1. rcUexlldl Tnr»cr»n A 7 rvIlUIcW l_/dvlU

T-Tl 1 T*Mn "f" V XX Li! VV 1 LZi IT rcLciPofpv \j.p iv. rFnno-uiig IxUllululU,Rrmnlnln xxxFTT rvl LIIUI JL1 Will Ross AntVinnv TPpfpv FiiIIpt* ^xiltllUIl^ XTtJLGI 1 unci LukzcXkX j Ol/ vJtrU. xi. XJdllgo

Tncipr»Vi XVXlslldX IX VJT. V_TX ecu Npw Ynvk NY XPanldU.1 O UoC^JIl

J_>&L11UI X

Tamps AA/illicim T-TsilpAr Tt* o diiico vv illictlll XidltTJ til. J? l ctlcl lLl\ouUl g xjltrdliux Xx. xxdltJj VA Kenneth R. Hannam Corpus Christi, Kipling F. Layton TX Mark M Humble Cameron TX Charlps E Lance Annp Fli7i} hpth TCpatmcr Chipacn TT/ Sstnavt frflcici'npv j 1 F xA-i.li lvr j— lizjcikjk: lii xvctXLiiig V- 11U Cli^ U , 1U kJ L LIO.L l x • vj aooiicx

\TqY1 dllLj tl . xVlccllldll VV dolllllg LU11, LJ\j 131 ULc ii.. 1VXUI 1 loUll

1 I* t + V» i o T otitic: III V^jlllllldm .TVllllAnn IjcWlb WddninfrfnTivv doiiuigiun, 11 dl U1U

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IVlClldl U IVldlLUllIl Xjtlol/lg xjiuumiiciLi rxiiio, 1>NnvmanUI llldll i-i.T, ZjCIIIIVC^ptyiItp MT

ftrppit v_Jdx j lVXdlLldllU vjrxcdL i>cci\,Nppk ±>NYx OLcpllcIlSfpnhpn 1F . UUlCrf>v*rlnnUU11

T? otaovf' lYT XvUUcl L .fiUcHA lion IVldllBUdLIlciyicno^n VV doillllg LU11, U\j JjaWIcllLcT .owvptipp T^pT/^hvpi/c V UIc

1 T?i/^havrl Teliae TYf a v*f oil Too A i outoft Tv nicnara diss iviarteii lllUldll Xldx UUUI dUc A. VjUWdl L tlx.

JDcdLii,RpcipVi rFTxj

xvooerc n*. ivicxvenzie unicago, xxj juaiin irwin vjiiiiidna \A/pcf 1YXCIITYTaw .Tfmp IVTpvnlp Palm ±J

Joel S. Moldovsky Philadelphia, PA Jeffrey M. Miller MONDAY, OCTOBER 17, 1983 121

Applicant City and State Movant

Larry E. Newton Long Beach, CA Glen Leonard Rabenn Mary Winifred O'Brien Pittsburgh, PA James D. English David Phillip Oliver Gulfport, MS Richard Joel Smith Roy L. Paul Bell Gardens, CA Donald Lawrence Wilson Douglas Harold Pendleton San Jose, CA Milton Posnick Paul Michael Pleska Charleston, WV Paul N. Bowles Samuel McGowan Price Jr. Newberry, SC Eugene Cannon Griffith Patrick Michael Regan Washington, DC Joseph H. Koonz Jr. Michael Schwarz Santa Fe, NM Patrick Anthony Casey Des Moines, IA Nicholas V. Critelli Jr. Stephen F. Sorensen Juneau, AK Edward Budd Simpson III John Snowden Stanley Jr. Baltimore, MD Harley Thomas Howell Robert Mason Steptoe Jr. Clarksburg, WV Ronald Stephen Cooper Peter Szabadi Los Angeles, CA Claude Joseph Emile Dorais David Michael Teed Brooklyn, CT Barney Lapp Melvin D. Thomas Santa Ana, CA Larry Rothman Jack Marvin Tipton Fresno, CA Fred W. Drogula Steven L. Udelhofen Des Moines, IA Michael R. Hoffmann Frank A. Weg New York, NY Herald Price Fahringer Jr. J. R. Wheatley Detroit, MI Eugene L. Hartwig Chicago, IL Judith Irwin Gilliland Michael R. Wolford Rochester, NY William H. Morris Donna Lee Zeegers Augusta, ME Alan Clarke Sherman 122 MONDAY, OCTOBER 17, 1983

Applicant City and State Movant

Frank D. Zielinski St. Louis, MO Walter Wayne Withers

Admissions to the Bar on Oral Motions

Applicant City and State Movant

G. David Landsness San Jose, CA Don Edwards Kenneth David Freedman Phoenix, AZ Lawrence Gerald Wallace Gregory John Antone San Mateo, CA James Andrew Aiello Robert F. Morgan Jr. Atlanta, GA John William Hinchey Richard Lawrence Downey Fairfax, VA William Gerald Downey Jr. Murray Bennett Gotsdiner Des Moines, IA Jonathan H. Kent Marvin Samuel Gross Las Vegas, NV Claude Zobel Sylvia Gay Gross Las Vegas, NV Claude Zobel Joe Ben Hudgens Los Angeles, CA Robert John Hickey John Wilcox McCauley Los Angeles, CA Robert John Hickey Jan Aarus Pluim Los Angeles, CA Robert John Hickey William G. Becker Riverside, CA James Harold Laughlin Jr. Beatrice Newman Goldberg LaJolla, CA Robert Pitofsky Patrick D. Webb San Diego, CA Robert Pitofsky Daniel C. Lynch Denver, CO Robert Pitofsky Michael P. Meotti Glastonbury, CT Robert Pitofsky John Franklin Nagle Hartford, CT Robert Pitofsky Richard Nicholas RisCassi Hartford, CT Robert Pitofsky Margaret Kiley Vallerie Norwalk, CT Robert Pitofsky John Edward Vallerie Jr. Norwalk, CT Robert Pitofsky Thomas F. Wall Jr. Torrington, CT Robert Pitofsky Joel Eric Bassett Washington, DC Robert Pitofsky Stuart L. Bindeman Washington, DC Robert Pitofsky Vanessa Marie Carpenter Washington, DC Robert Pitofsky MONDAY, OCTOBER 17, 1983 123

Applicant City and State Movant

Paul Douglas Coleman Washington, DC Robert Pitofsky Bernard H. Fischgrund Washington, DC Robert Pitofsky Roger Jerome Fitzpatrick Washington, DC Robert Pitofsky Gayle Denise Hargrove Washington, DC Robert Pitofsky Joshua M. Javits Washington, DC Robert Pitofsky Lawrence A. Katz Washington, DC Robert Pitofsky M. Elizabeth Kent Washington, DC Robert Pitofsky Edward Richard McKenna Washington, DC Robert Pitofsky James Paul O'Sullivan Washington, DC Robert Pitofsky

Steve I. Schneider Washington, DC Robert Pitofsky John Edward Tomas Washington, DC Robert Pitofsky Edwin E. Mortell Kankakee, IL Robert Pitofsky Richard Francis Nash Belleville, IL Robert Pitofsky Gerald Ernest Nora Chicago, IL Robert Pitofsky Stuart McCloy Elizabethtown, Robert Pitofsky KY John Edward Bradley Boston, MA Robert Pitofsky Robert J. Jordan Boston, MA Robert Pitofsky Martin J. CPMalley Jr. Hyannis, MA Robert Pitofsky Matthew W. Black Jr. Rockville, MD Robert Pitofsky Helen McCue Bollwerk Bethesda, MD Robert Pitofsky George Paul Bollwerk III Bethesda, MD Robert Pitofsky Mark John Davis Greenbelt, MD Robert Pitofsky Edward Charles Dolan Silver Spring, MD Robert Pitofsky H. Clifton Grandy Takoma Park, MD Robert Pitofsky Carl Jude Schramm Baltimore, MD Robert Pitofsky Mary Ellen Brennan Offer Woodcliff Lake, Robert Pitofsky NJ Carl Vernon Olson Princeton, NJ Robert Pitofsky Roberto Albertorio New York, NY Robert Pitofsky Lloyd DeVos New York, NY Robert Pitofsky Ross Joseph DiLorenzo New York, NY Robert Pitofsky Robert Emmett McCarthy New York, NY Robert Pitofsky John Oliver Noel New York, NY Robert Pitofsky John T. Billick Hudson, OH Robert Pitofsky Louis Patrick Dell Tiffin, OH Robert Pitofsky J. Michael Farrell Philadelphia, PA Robert Pitofsky J. Elvin Kraybill Lancaster, PA Robert Pitofsky 124 MONDAY, OCTOBER 17, 1983

Applicant City and State Movant

Dennis Oliver Wilson Philadelphia, PA Robert Pitofsky Jaime Pieras-Lopez Cepero San Juan, PR Robert Pitofsky Archibald B. Kenyon Jr. South Kingstown, Robert Pitofsky RI Sherri Lee Berthrong Alexandria, VA Robert Pitofsky William Augustine Conway McLean, VA Robert Pitofsky Emmett John Fenlon Fairfax, VA Robert Pitofsky Joseph Michael Killeen Alexandria, VA Robert Pitofsky Sharon D. Nelson Springfield, VA Robert Pitofsky Thomas J. O'Brien Springfield, VA Robert Pitofsky Sue Ann Preskill Alexandria, VA Robert Pitofsky Charles R. Wolfe Jr. Arlington, VA Robert Pitofsky William Hinkfuss Green Bay, WI Robert Pitofsky Daniel C. Staggers Keyser, WV Robert Pitofsky Elaine L. Sierra San Francisco, CA Judge Ricardo Manuel Urbina Maria del Carmen Aponte Washington, DC Judge Ricardo Manuel Urbina Gilbert Paul Carrasco Washington, DC Judge Ricardo Manuel Urbina John Rocha Castello Washington, DC Judge Ricardo Manuel Urbina Fe de Lourdes Morales Washington, DC Judge Ricardo Marks Manuel Urbina Kenneth H. Marks Jr. Washington, DC Judge Ricardo Manuel Urbina Santiago Ricardo Narvaiz Washington, DC Judge Ricardo Manuel Urbina Ramona Powell Washington, DC Judge Ricardo Manuel Urbina Gladys Cruz Gallagher Chicago, IL Judge Ricardo Manuel Urbina Myrna M. Martinez New York, NY Judge Ricardo Manuel Urbina Ruben Diaz Seise New York, NY Judge Ricardo Manuel Urbina Carmen Ana Cintron San Juan, PR Judge Ricardo Borkowski Manuel Urbina MONDAY, OCTOBER 17, 1983 125

Applicant City and State Movant

Jose A. Ortiz-Daliot San Juan, PR Judge Ricardo Manuel Urbina

Adjourned until Monday, October 31, 1983 at 10 o'clock. x

(JOURNAL) MONDAY, OCTOBER 31, 1983 127 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 82-6768. Deborah Rene Finney, Appellant v. Michigan Depart- ment of Social Services. Appeal from the Supreme Court of Michigan. The appeal is dismissed for want of a substantial federal question.

No. 83-140. Pittsburg & Midway Coal Mining Co., Appellant v. Rev- enue Division, Taxation and Revenue Department of New Mexico. Ap- peal from the Court of Appeals of New Mexico. The appeal is dismissed for want of a substantial federal question.

No. 83-366. Penobscot Nation, Appellant v. Arthur Stilphen, Com- missioner, Department of Public Safety of Maine, and James E. Tierney, Attorney General. Appeal from the Supreme Judicial Court of Maine. The appeal is dismissed for want of a substantial federal question.

No. 83-333. CP. Chemical Company, Inc., Appellant v. Commis- sioner of Public Health of Massachusetts. Appeal from the Supreme Ju- dicial Court of Massachusetts. The motion of appellant to dispense with printing partial appendix is granted. The appeal is dismissed for want of a substantial federal question.

No. 83-518. James Jacques, et ux., Appellants v. United States, et al. Appeal from the United States Court of Appeals for the Ninth Cir- cuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari,

certiorari is denied.

No. 83-5322. Charlee Elliott, Appellant v. Malcolm Douglas Elliott. Appeal from the Supreme Court of New Mexico. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5375. Willis H. Chapman, Appellant v. Bank of the Common-

wealth. , et al. Appeal from the United States Court of Appeals for the Sixth Circuit. The appeal is dismissed for want of jurisdiction. Treating 128 MONDAY, OCTOBER 31, 1983 the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5431. Peter J. Cojanis, Appellant v. Barbara Ann Cojanis, et al. Appeal from the United States Court of Appeals for the Ninth Cir- cuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 82-6830. Larry Dean Smith, Petitioner v. Oklahoma. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated insofar

as it leaves undisturbed the death penalty imposed and the case is remanded to the Court of Criminal Appeals of Oklahoma for further consideration in light of the position presently asserted by the Attorney General of Oklahoma in his memorandum filed September 14, 1983. Opinion by Justice Blackmun concurring in part and dissenting in part with whom Justice Brennan and Justice Marshall join.

Orders in Pending Cases

No. . Norman Castillo, Applicant v. United States. The motion to direct the Clerk to file the petition for writ of certiorari, out-of-time,

is denied.

No. A-187. Russell F. Gleason, Applicant v. United States. The application for bail addressed to Justice Brennan and referred to the Court is denied.

No. A-242. James David Autry, Applicant v. W. J. Estelle, Jr., Di- rector, Texas Department of Corrections. The motion of respondent to vacate the stay of execution of the sentence of death, entered by Justice

White on October 5, 1983, is denied.

No. A-295. David Leroy Coulter, Applicant v. Alabama. The application for stay of execution of sentence of death, presented to Justice Powell and by him referred to the Court, is granted pending the timely filing and disposition of a petition for writ of certiorari.

No. A-298. Michael Wayne Evans, Applicant v. Texas. The application to continue the stay of issuance of the mandate of the Court of Criminal Appeals of Texas, presented to Justice White and by him referred to the Court, is granted pending the timely filing and disposition of a petition for writ of certiorari. MONDAY, OCTOBER 31, 1983 129

No. D-348. In the Matter of Disbarment of Gary A. Davis. Disbar- ment order entered. No. D-349. In the Matter of Disbarment of Paul A. Butler. Disbar- ment order entered. No. D-351. In the Matter of Disbarment of Vera L. Hoff. Disbar- ment order entered. No. D-352. In the Matter of Disbarment of Theodore Rosenberg. Disbarment order entered. No. D-373. In the Matter of Disbarment of Daniel Christopher Perri. It is ordered that Daniel Christopher Perri, of Pensacola, 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-374. In the Matter of Disbarment of Milton Lorenzo McGhee. It is ordered that Milton Lorenzo McGhee, of Sacramento, 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-375. In the Matter of Disbarment of Thomas J. Italiano. It is ordered that Thomas J. Italiano, 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-376. In the Matter of Disbarment of George Edward Goldstein. It is ordered that George Edward Goldstein, of Pottstown, 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-377. In the Matter of Disbarment of David J. Mandel. It is ordered that David J. Mandel, 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-378. In the Matter of Disbarment of Samuel Lorenzo. It is ordered that Samuel Lorenzo, of Sussex, 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. 130 MONDAY, OCTOBER 31, 1983

No. D-379. In the Matter of Disbarment of Neal L. Grossman. It is ordered that Neal L. Grossman, of Columbus, 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-380. In the Matter of Disbarment of Francis Patrick Des- mond. It is ordered that Francis Patrick Desmond, of Thornton, Penn- sylvania, 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. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. The motion of the Special Master for additional partial payment by Mississippi for services is granted and the Court approves payment of $12,500.00. Justice Marshall took no part in the consideration or decision of this motion.

No. 80, Original. State of Colorado, Plaintiff v. State of New Mexico and Paul G. Bardacke, Attorney General of New Mexico. The motion of New Mexico for leave to file a reply brief is granted. The Exceptions of New Mexico to the Additional Factual Findings of the Special Master are set for oral argument in due course.

No. 80-1577. City of Mesquite, Appellant v. Aladdin's Castle, Inc. The motion of appellant to recall the judgment of this Court is denied. No. 82-958. McDonough Power Equipment, Inc., Petitioner v. Billy G. Greenwood, et al. The motion of Sheila Brewer for leave to file a brief as amicus curiae, out-of-time, is denied.

No. 82-1005. Chevron U.S.A. Inc., Petitioner v. Natural Resources Defense Council, Inc., et al.;

No. 82-1247. American Iron and Steel Institute, et al., Petitioners v. Natural Resources Defense Council, Inc., et al.; and No. 82-1591. William D. Ruckelshaus, Administrator, Environmen- tal Protection Agency, Petitioner v. Natural Resources Defense Coun- cil, Inc. , et al. The motion of United Steelworkers of America, AFL- CIO-CLC, for leave to file a brief as amicus curiae is granted.

No. 82-1246. Bose Corporation, Petitioner v. Consumers Union of United States, Inc. The motion of Marie Shibuya-Snell, Director of the California Department of Consumer Affairs, for leave to file a brief as amicus curiae, out-of-time, is denied. No. 82-6758. Perry Edward Turner, Jr., Petitioner v. County of Sis- kiyou, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a MONDAY, OCTOBER 31, 1983 131 petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens would grant the motion for leave to proceed in forma pauperis and would deny the petition for writ of certiorari.

No. 82-6765. Rudi A. Unterthiner, Petitioner v. Desert Hospital Dis- trict of Palm Springs. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

No. 82-6778. Theodis Brown, Petitioner v. Herald Co., Inc., etc. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Dissenting opinion by Jus- tice Brennan with whom Justice Marshall and Justice Blackmun join in this case and in Nos. 82-6907, 82-6956, 83-^5040, 83-5100, and 83-5349, post. Dissenting opinion by Justice Stevens in this case and in Nos. 82-6907, 82-6956, 83-5040, 83-5100, and 83-5349, post.

No. 82-6907. Kenneth Alexander, Petitioner v. Texas, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Peti- tioner is allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Dissenting opinion by Jus- tice Brennan with whom Justice Marshall and Justice Blackmun join in this case, in No. 82-6778, ante, and in Nos. 82-6956, 83-5040, 83-5100, and 83-5349, post. Dissenting opinion by Justice Stevens in this case, in No. 82-6778, ante, and in Nos. 82-6956, 83-5040, 83-5100, 83-5349, post.

No. 82-6956. Nancy Jewell Cross, Appellant v. Secretary of State. The motion of appellant for leave to proceed in forma pauperis is denied. Appellant is allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join in this case, in Nos. 82-6778 and 82-6907, ante, and in Nos. 83-5040, 83-5100, 83-5349, post. Dissenting opinion by Jus- tice Stevens in this case, in Nos. 82-6778 and 82-6907, ante, and in Nos. 83-5040, 83-5100, and 83-5349, post. 132 MONDAY, OCTOBER 31, 1983

No. 83-5040. Richard T. Eno, et al., Petitioners v. United States De- partment of Housing and Urban Developement, et al. The motion of petitioners for leave to proceed in forma pauperis is denied. Petitioners are allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Dissenting opinion by Justice Bren- nan with whom Justice Marshall and Justice Blackmun join in this case, in Nos. 82-6778, 82-6907, and 82-6956, ante and in Nos. 83-5100 and 83-5349, post. Dissenting opinion by Justice Stevens in this case, in Nos. 82-6778, 82-6907, and 82-6956, ante, and in Nos. 83-5100 and 83-5349, post No. 8&-5100. David L. Linfield, Petitioners Board of Higher Educa- tion of the City of New York. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Dissenting opinion by Justice Brennan with whom Justice Mar- shall and Justice Blackmun join in this case, in Nos. 82-6778, 82-6907, 82-6956, and 83-5040, ante, and in No. 83-5349, post Dissenting opinion by Justice Stevens in this case, in Nos. 82-6778, 82-6907, 82-6956, and 83-5040, ante, and No. 83-5349, post

No. 83-5349. Alice Miller, Petitioner v. Samuel R. Pierce, Jr., Secre- tary of Housing and Urban Development, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 21, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join in this case and in Nos. 82-6778, 82-6907, 82-3956, 8^5040, and 83-5100, ante. Dis- senting opinion by Justice Stevens in this case and in Nos. 82-6778, 82-6907, 82-6956, 83-5040, and 83-5100, ante.

Appeals—Jurisdiction Noted

No. 83-141. Hawaii Housing Authority, et al., Appellants v. Frank

E. Midkiff, et al.; No. 83-236. Portlock Community Association (Maunalua Beach), et al., Appellants v. Frank E. Midkiff, et al.; and

No. 83-283. Kahala Community Association, Inc., et al., Appellants v. Frank E. Midkiff, et al. Appeals from the United States Court of Ap- peals for the Ninth Circuit. In these cases probable jurisdiction is MONDAY, OCTOBER 31, 1983 133 noted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Marshall took no part in the consideration or decision of these cases.

Certiorari Granted

No. 82-2120. Thomas F. Smith, Jr., et al., Petitioners v. William P. Robinson, Jr., Rhode Island Associate Commissioner of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted.

No. 83-173. Milton R. Wasman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

No. 83-371. Federal Communications Commission, et al., Petitioners v. ITT World Communications, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit granted.

No. 83-185. Sylvia Cooper, et al., Petitioners v. Federal Reserve Bank of Richmond. The petition for a writ of certiorari to the United States Court of Appeals for the Fourth Circuit is granted limited to Question 1 presented by the petition.

Certiorari Denied

No. 82-1414. Pratt-Farnsworth, Inc., et al., Petitioners v. Carpen- ters Local Union No. 1846, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-1704. Larry Bennett, Jr., et al., Petitioners v. Bobby Wil- liams. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 82-1839. Zelvern W. Mann, Administrator of the Estate of Ada Crews Mann, Petitioner v. Richard Gold, et al.; and Zelvern W. Mann, Administrator of the Estate of Eda Crews Mann, Petitioner v. David

H. Canter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-1882. Church of Scientology of Portland and Church of Scientology Mission of Davis, Petitioners v. Peter S. Rudie, et al. Peti- tion for writ of certiorari to the Court of Appeals of Oregon denied.

No. 82-1997. Dennis Albert Rollins, Junior N. Enfinger and John D. Thomas, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 134 MONDAY, OCTOBER 31, 1983

No. 82-2003. Licensed Beverage Distributors Association, Petitioner v. United States; and

No. 82-2013. Texas, et al. , Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-2007. Patrick Kelly Andrew, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-2088. Equitable Life Assurance Society of the United States, Petitioner v. Kay Burns, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 82-2092. Chris Petti, Alfred Gerardo Sica, and Vincent Montalto, Petitioners v. United States; and

No. 83-252. Dominic Bartolatta, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2095. Barbara Anne Gardner, et al., Petitioners v. Pan Amer- ican World Airways, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-2139. Charles B. Armstrong, Jr., Petitioner v. Elayne A. Armstrong. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-2163. Dolores Ball Garbin, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied.

No. 82-6204. Delphine O. Tolbert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-6746. Karen L. Reed, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 82-6794. Freddy Jo Davis, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 82-6808. Brick Orlando Locks, Petitioner v. G. W. Sumner, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 82-6862. Douglas Allard, Petitioner v. New Hampshire. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 82-6878. Jesse Hayden Ivy, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. MONDAY, OCTOBER 31, 1983 135

No. 82-6889. Anthony Audia, Petitioner v. West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 82-6890. Douglas Jackson Dysart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 82-6902. Jeffery Linn Hall, Petitioner v. Iowa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6910. Larry Frazier, et al., Petitioners v. John R. Manson, Commissioner of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-6912. James Arthur Gukeisen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6939. Crystal Marie Unger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-6942. Dave Wallace Roberson, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6978. James Newsome, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 82-7002. Lewis C. Wallace, Petitioner v. A. L. Lockhart, Direc- tor, Arkansas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-7004. Douglas L. Adams, Petitioner v. John Dayan, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-7005. Larry Grant Bowring, Petitioner v. Warden, Powhatan Correctional Center. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 82-7006. Kenneth Logan Craig, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-7015. Mannie Banks, et al., Petitioners v. John R. Block, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 136 MONDAY, OCTOBER 31, 1983

No. 82-7029. Earl E. Howard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-29. Charles E. Roemer, II, Petitioner v. United States; and

No. 83-169. Carlos Marcello, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-35. Mallette Bros. Construction Co., Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-54. Emma F. Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-78. George M. Verrussio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-119. In the Matter of William Henry Edwards, Petitioner. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-134. Nesglo, Inc., et al., Petitioners v. Chase Manhattan

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

No. 83-172. Court House Plaza Company, Petitioner v. City of Palo

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

No. 83-193. Harder & Associates, et al., Petitioners v. Robert H. Waldschmidt, Trustee; and No. 83-342. Robert H. Waldschmidt, Trustee, Petitioners Ranier &

Associates, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-198. Bank of America National Trust and Savings Associa- tion, Petitioner v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-206. Charles M. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied. MONDAY, OCTOBER 31, 1983 137

No. 83-228. S & Vee Cartage Company, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-247. Gordon Gould, et al., Petitioners v. Control Laser Cor- poration and Holobeam Laser Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-251. PRC Harris, Inc., Petitioner v. Boeing Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-306. Louise Parrott, etc., Petitioner v. Max V. Wilson, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-311. Abraham Strassner, Petitioner v. Selma Rothstein Strassner. Petition for writ of certiorari to the Appellate Division, Su- preme Court of New York, Second Judicial Department, denied.

No. 83-314. Anthony Ostric, Petitioner v. Corporation of St. Mary's

College, Notre Dame, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-315. DeVRY, Inc., Petitioner v. Joe Ann McClandon. Peti- tion for writ of certiorari to the Appellate Court of Illinois, First Dis- trict, denied.

No. 83-319. Marshall Stillman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-323. Bruce Clemmons, Petitioner v. Johnson Brothers Whole- sale Liquor Company. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 83-330. Ruth A. Wold, Petitioner v. Bull Valley Management Company, Inc. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-337. Miriam L. Dew, Petitioner v. City of Florence. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 83-343. Rouse Si Shopping Center, Inc., Petitioner v.

Morse/Diesel, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-344. The Formaldehyde Institute, Inc., and Borden, Inc., Pe- titioners v . Alfred L. Frechette, Commissioner of Public Health of Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. 138 MONDAY, OCTOBER 31, 1983

No. 83-345. William J. McCarthy, et al., Petitioners v. Charles D. Bonanno Linen Service, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-348. Henry G. Storrs, Petitioner v. State Medical Board, et al.; and Peter S. Rosi, Petitioner v. State Medical Board, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 83-349. Gregory T. Lang, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 83-351. Puerto Rico Electric Power Authority, Petitioner v. General Electric Company. Petition for writ of certiorari to the Su- preme Court of Puerto Rico denied.

No. 83-352. Trans-World Sewing Machine Co., Inc., Petitioner v. Standard Sewing Equipment Corporation. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 83-354. Local Union No. 3, International Brotherhood of Electri- cal Workers, AFL-CIO, Petitioner v. Henry Ingram, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-355. Dwight J. Holter and Sandra A. Holter, etc., Petitioners v. Moore and Company, et al., etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-362. Andrew Beres, et al., Petitioners v. Hope Homes, Inc. and City of Tallmadge. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 83-367. John C. Harden, Petitioner v. E. I. DuPont de Nemours & Co. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 83-377. Officenters International Corp. of Atlanta, Petitioner v. Interstate North Associates. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 83-381. Metropolitan Erecting Company, Inc. Petitioner v. Inryco, Inc. and American Fidelity Fire Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 83-384. Clare Benedict Hudenburg, Petitioner v. George F.

Neff, etc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Supreme Judical District, denied. No. 83-386. William Massarsky, Petitioner v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, OCTOBER 31, 1983 139

No. 83-387. James W. Putney, Petitioner v. Consolidated Rail Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-390. City of Austin, Texas, et al., Petitioners v. Decker Coal Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-391. California Glazed Products, Inc., Petitioners. Burns and Russell Company of Baltimore City. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-392. Primitivo Flores Ruiz, 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. 83-394. Bennie J. McKenzie, et al., Petitioners v. General Mo- tors Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-402. Skaggs Companies, Inc., Petitioner v. Louis Whatley. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-406. Danny Ray Grant, et al. , Petitioners v. Erie Insurance Exchange, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-407. Lloyd Vickroy, Petitioner v. City of Springfield, Mis- souri. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 83-409. Coastal Steel Corporation, Petitioner v. Wheelabrator-

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

No. 83-417. Hung T. Vu, et ux. , Petitioners v. The Singer Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-420. A.D.M. Corp. and United Electronics Company, Peti- tioners v. Arthur J. Thomson and Frost Controls, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-423. J. E. Fillmore, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-428. Danny Barwick, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. 140 MONDAY, OCTOBER 31, 1983

No. 83-429. Craig M. Davis, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 83-441. Stanley Yalkowsky, Petitioner v. Milton Mollen, Presid- ing Justice of Appellate Division of the Supreme Court of New York, Second Judicial Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-443. U.S.S. Polypropylene Division, a Division of United States Steel Corporation, Petitioner v. Studiengesellschaft Kohle m.b.H. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-444. Lloyd Balliviero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-445. Oakland Raiders, Petitioners. City of Berkeley. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 83-452. Patrick Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-456. Karen Lee Miller, et al., Petitioners v. United States, et

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

No. 83-480. Paul E. Ducommun, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-482. Stanley Herbert Nathanson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-487. Mangalick Enterprises, Inc., Petitioner v. Donald

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

No. 83-509. David A. Feldman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-519. National Cash Register Corporation, Petitioner v. John W. Rose. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-532. Robert Carl Cohen, et ux., Petitioners v. William French Smith, Attorney General of the United States, et al. Petition for writ of MONDAY, OCTOBER 31, 1983 141 certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5014. Joseph George Helmich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5016. Douglas L. Adams, Petitioner v. Florida Parole and Probation Commission. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 83-5017. Lawrence Albert Williams, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-5035. Michael C. Ward, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5037. Matthew Barry Robbins, Petitioner v. Ronald C. Mar- shall, Superintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5067. Don Edgington, et al., Petitioners v. New Mexico. Peti- tion for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 83-5087. LaVerne Koenig, Petitioner v. South Dakota. Petition for writ of certiorari to the Supreme Court of South Dakota denied.

No. 83-5109. James Lee Litt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5117. Clyde Eugene Hill, Petitioner v. Charles Zimmerman, Superintendent, State Correctional Institute at Huntingdon, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5122. Frank Owen Persinger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5162. Emilia Gutierrez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5168. Valerie Irene Graham, Petitioner v. Carl Houseman, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 142 MONDAY, OCTOBER 31, 1983

No. 83-5171. Milton Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5189. Ellis Dampier, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-5213. Stephen Barnett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5280. Jimmy Franklin Connor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5334. Arlene Attwell, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5340. Neil Burnette, Petitioner v. Joseph Ponte, Superin- tendent, Massachusetts Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5342. Douglas Jay McAdoo, Petitioner v. Federal Bureau of Investigation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-5343. James Carl Higgs, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-5344. June E. Wachter, Petitioner v. Myrtle Green, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5347. Susan Fair, Petitioner v. Department of Social Serv- ices. Petition for writ of certiorari to the Circuit Court for the County of Ingham, Michigan, denied.

No. 83-5348. Sandy Siroonian, Petitioner v. New York Foundling

Hospital, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 83-5358. Bobby Kent, Petitioner v. New York City Department of Sanitation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5360. Kenneth A. Appleby, Petitioner v. Massachusetts. Pe- tition for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied.

No. 83-5363. Charles David Cauble, Petitioner v. United States; MONDAY, OCTOBER 31, 1983 143

No. 83-5382. Dwight Williams, Petitioner v. United States; and

No. 83-5383. Rodney Lynn Guion, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5369. Joseph Donnell, Petitioner v. Frankie M. Freeman, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 83-5379. William Ronson, Petitioners. Wilson E. Walters, Com- missioner of Corrections of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5392. Frank Servidio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5395. Noel Shane Harren, Petitioner v. Samuel P. Garrison, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5401. John Lloyd Marshall, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-5409. Andrew L. Groce, Petitioner v. Washington State De- partment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5418. Darnell Van Johnson, Petitioner v. Dale Foltz, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5422. Darold William Edwards, Petitioner v. George F. Den- ton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5433. Richard 0. Jameson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5479. Lau Tung Lam, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5482. Robert Lee Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 144 MONDAY, OCTOBER 31, 1983

No. 83-5492. Gary Lewis Gallop, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5496. William C. Simpson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5506. Jessie J. Clark, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-1861. V. Louise McCarren, et al., Petitioners v. Town of Springfield, Vermont and Vermont Public Power Supply Authority. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Dissenting opinion by Justice Rehnquist.

No. 82-1971. Michael M. Schaefer, Petitioner v. National Labor Re- lations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Dissenting opinion by Justice O'Connor with whom Justice Powell and Justice Rehnquist join.

No. 82-2028. Paul Arnott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dissenting opinion by Justice White.

No. 82-2107. Alabama, Petitioner v. Henry Taylor. The motion of respondent for leave to proceed informa pauperis is granted. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-340. J. W. Greer, Warden, Petitioner v. John Stephan Parisie. 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. 83-63. International Brotherhood of Electrical Workers, Local Union No. 323, AFL-CIO, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan and Justice Blackmun join. No. 83-151. Ronald C. Marshall, Superintendent, Southern Ohio Correctional Facility, Petitioner v. Raymond Walker. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice O'Connor join.

No. 83-171. Transamerica Computer Company, Inc., Petitioner v. International Business Machines Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit de- MONDAY, OCTOBER 31, 1983 145

nied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 83-418. Doris Affeldt, et al., Petitioners v. J. C. Penney Com- pany, etc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 83-190. Abatti Farms, Inc. and Abatti Produce, Inc., Petitioners v. Agricultural Labor Relations Board and United Farm Workers of America, AFL-CIO. The motion of Western Growers Association for

leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-272. Basic Construction Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-282. Richard F. Wilson and Jean Wilson, Petitioners v. John

R. Block, Secretary of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 83-388. E-Systems, Inc. and Liberty Mutual Insurance Com- pany, Petitioners v. Director, Office of Workers' Compensation Pro- grams, United States Department of Labor and Howard R. Clymer. The motion of respondent Howard R. Clymer 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 denied.

No. 83-5025. Raymond S. Larsen, Petitioner v. Allyn R. Sielaff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 83-5329. Robert Lewis Buford, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5354. Tony B. Amadeo, Petitioner v. Ralph Kemp, Superin- tendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall. 146 MONDAY, OCTOBER 31, 1983 Admissions to the Bar on Written Motions

Applicant City and State Movant

Charles Favour Abbott Provo, UT Paul Christian Droz Angelo Aiosa New York, NY Wilfred R. Caron Frank J. Albetta Jr. Washington, DC Charles Morgan Jr. Cristina C. Arguedas Berkeley, CA William Lathan Osterhoudt

Steven I. Baser Newport Beach, Marion I. CA Quesenbery Norman Hazlett Beamer New York, NY William J. Gilbreth Grafton Minot Biddle Littleton, CO Robert R. Gallagher Jr. Wendell Raleigh Bird Atlanta, GA John W. Whitehead Mark A. Bohnhorst Saint Paul, MN Virginia Venus Kroilman Ekola Robert William Bonham III Hartford City, IN Lawrence Mark Noble William Milan Boyd Berkeley, CA Norman Gregory Taylor Michael J. Brady Tucson, AZ David Henry Lieberthal Victoria Curtis Bramson Trenton, NJ Allan Joseph Nodes John Keith Brendel Brookfield, WI Thomas R. Fahl Gary M. Brown Nashville, TN Thomas H. Peebles III Michael Lance Brown Houston, TX Lonard K. WeUs Nela Laura Thomas Brown Houston, TX Lonard K. Wells Victor L. Brown Los Angeles, CA Daniel Weber Nancy Lynne Fink Broyles Indianapolis, IN Richard Kammen John Emmanuel Cavicchi Boston, MA John M. Rose J. Richard Cohen Washington, DC Charles Morgan Jr. Penelope M. Cooper Berkeley, CA William Lathan Osterhoudt A

MONDAY, OCTOBER 31, 1983 147

Applicant City and State Movant

James B. Coppess Washington, DC George Kaufmann Robert Patrick Corcoran Boston, MA Alan S. Miller Benjamin Irwin Coven Scottsdale, AZ Dennis DeConcini Thomas C. Crumplar Wilmington, DE Thomas Stephen Neuberger Richard Dale Pierre, SD Mark Vernon Meierhenry Raymond L. Davis Seattle, WA Laurence B. Finegold

All i /~1 A T 1 T m 1 T Thomas Edward Davis Atlanta, GA John L. Taylor Jr. X • H ft TT T*\ • l TXT Lewis McKay Dickson III Houston, TX Dick DeGuerin David W. Dunn Des Moines, I Donald A. Wine Stuart Douglas Dwork Arlington, VA James D. Hamilton John K. Evans Washington, DC Theodore Alan Levine John Farley New York, NY David William Plant Karen L. Fink Portland, OR Noreen K. Saltveit Bob Finkelstein New Orleans, LA Freeman Rudolph Matthews John Fitsos Sacramento, CA Hartley T. Hansen Ronald C. Forehand Montgomery, AL Walter Sanderson Turner A. David Freidman Newport Beach, Rubin M. Turner CA Carlos Garza Galveston, TX George Douglas Martin Brian Fortune Gill Pacific Grove, CA Mark Sincoff

T i \TT7 /"ll 1 T7111 _Ll William Rice Goodell Jamestown, NY Charles Ellsworth Goodell

Steven Charles Goodrich Des Moines, I bteven L. Nelson Kerry Michael Gough Berkeley, CA Guy Terry Saperstein Theodore T. Green Washington, DC Robert J. Connerton 148 MONDAY, OCTOBER 31, 1983

Applicant City and State Movant

Charles Arthur Gruber Jr. Austin, TX Gilbert J. Bernal Jr. Michael L. Hall Birmingham, AL David Powers Whiteside Jr. Horace C. Hall III Laredo, TX Antonio Alvarado Jerome Halloran St. Paul, MN Eugene M. Warlich Gerald F. Handley Atlanta, GA Hamilton Lokey Michael Joseph Hanley Vero Beach, FL Byron Thomas Cooksey David G. Hanlon Tampa, FL Benjamin H. Hill III Frank Whitaker Hardy Richmond, VA Walter John McGraw Robert Emmet Hayden San Francisco, CA Quentin Lewis Kopp Saul Heckelman Albany, NY Peter Harvey Schiff Susan Ann Feller Austin, TX John Shelton Heiligenthal Aldridge Ellen Moses Heller Baltimore, MD Shale D. Stiller Robert N. Hinton Houston, TX Charles Harold Lloyd Robert Hohenberger Houston, TX Weldon Horatio Berry Michael Delphy Hunt Jacksonville, FL Thomas E. Crowder Robert Francis Hunt Terre Haute, IN Eric A. Frey Robert Jacobs Wilmington, DE Thomas Stephen Neuberger Janice Lorraine Jessup Dayton, OH Jack Taylor Schwarz Fred Riley Jones San Antonio, TX Adrian A. Spears Marcy Louise Kahn Putnam Valley, Eugene Robert NY Anderson Kevin James Keith Dallas, TX Steven Paul Amis Lawrence Vincent Kelly New York, NY Jerome Lawrence Merin MONDAY, OCTOBER 31, 1983 149

Applicant City and State Movant

Paul D. Kelly Anchorage, AK Benj. 0. Walters Jr. Robert Anthony Kuhr Detroit, MI Kenneth M. Mogul Norman Lamson Charlottesville, Robert Playford VA Boyle J. Peter Lark Lansing, MI Frank J. KeUey Eugene R. Lorenz Bakersfield, CA Thomas R. Davis John Patrick Lowe Uvalde, TX Rogelio F. Munoz John Alexander Lyons Lake Orion, MI Norman L. Lippitt Gary Marcus Bellmore, NY Terrance J. Nolan William Joseph Marett Jr. Nashville, TN James N. Bryan Jr. Charles Richard Markley Portland, OR Roland Fitzgerald Banks Jr. Robert A. Marsac Detroit, MI Stephen R. Cochell Thomas A. Martin San Antonio, TX James E. Ingram Robert L. Marzelli North Pembroke, Robert V. MA Cauchon Douglas Alan Matthews Junction City, KS Edwin Byrne Tatum Nicholas William Mattia Jr. Glen Ridge, NJ Joseph McDonald Oliver Jr. John Townsend Maughmer Kansas City, MO Judge Elmo B. Hunter Robert Walter McCann Chicago, IL David Heath Larry Thomas Bullitt McCoun III St. Petersburg, Patrick D. FL Doherty Birch P. McDonough New Orleans, LA Peter J. Abadie Jr. Michael E. McGill Toledo, OH E. J. Leizerman George F. Meehan St. Petersburg, Kenneth Caldwell FL Deacon Jr. Michael W. Merriam Topeka, KS Donald Patterson Lawrence A. Merryman Newport Beach, Jon R. Collins CA Robert Jeffrey Moses Washington, DC Stuart M. Gerson 150 MONDAY, OCTOBER 31, 1983

Applicant City and State Movant

Michael A. Nametz Houston, TX George Edward Glober Jr. Barbara L. Neilson Washington, DC Douglas S. McDowell DarnellJ. Nelson Seattle, WA Lembhard Goldstone Howell Thomas Carl Nelson Lansing, MI Frank J. Kelley Daniel Payne Oppenheim Washington, DC Saul C. Oppenheim Joseph David Painter Lake Charles, LA Robert Wickliffe Fenet Albert Pascal Fort Lauderdale, John Kirk FL McDonald William H. Patton Seattle, WA Judge Betty B. Fletcher Lewis Perrault III Tulsa, OK Allen M. Smallwood Harry Allen Perrin Houston, TX Charles J. Maddox Jr, William R. Perry Washington, DC Marvin J. Sonosky Leona A. Power Lexington, KY Marlow W. Cook Albert Theodore Powers Hong Kong Herrick Kenley Lidstone Richard Quiggle Little Rock, AR John Thomas Lavey Lawrence B. Ransom Seattle, WA Clyde H. Maclver Don R. Riddle Houston, TX Richard P. Hogan J. T. Riley Franklin, OH James Delano Ruppert Peter Francis Riley Long Beach, CA Norman B. Schmeltzer III Leon Riscassi Hartford, CT David Michael Shea Mark L. Rotert Chicago, IL Donald Bruce Mackay Erwin A. Rubenstein Southfield, MI Kenneth M. Mogill

Gary L. Rubin New York, NY Gerald I. Carp MONDAY, OCTOBER 31, 1983 151

Applicant City and State Movant

James I. Rubin Chicago, IL Ronald Butler Carol A. Schrager New York, NY Michael N. Pollet Kenneth David Schubb Austin, TX Hugh Lowe Stephen John Schultz San Diego, CA Michael E. Merrill Laurence T. Scott Washington, DC Denver H. Graham Paul J. Shea Middlebury, CT William J. St. John Jr. William Jay Sheaffer Orlando, FL Howard Franklin Robbins Jr. Steven N. Skolnik Santa Monica, CA Herman S. Palarz William Boyd Spencer III Philadelphia, PA Gene David Cohen Louis Ssutu Los Angeles, CA Maurice K. Wong Fernand J. St Germain Woonsocket, RI Florence M. K. Murray Ronald Christopher Stock Los Angeles, CA George L. Rogers Neut L. Strandemo Inver Grove Roger S. Haydock Heights, MN Patricia Streloff San Francisco, CA Timothy Graves Laddish Dee Alphonso Strickland New Orleans, LA Dorothy Dowling Jr. Wolbrette Gary W. Swindell Arlington, VA James B. Deerin Jr. Isabelle Marie Thabault Washington, DC Susan Deller Ross David J. Theising Indianapolis, IN Sydney L.Steele Linda A. Tomaselli Chicago, IL Richard L. Epstein Edward William Trigg Jr. Anaheim, CA Charles Frederick Rosen Steven Edward Vagle Washington, DC Charles Morgan Jr. Paul Robert Walter San Bernardino, G. Clifton Smith CA Paul E. Warburgh Jr. New York, NY James M. LaRossa Rita Katherine Ward New Orleans, LA Mark Gilbert Murov 152 MONDAY, OCTOBER 31, 1983

Applicant City and State Movant

William C. Weaver Charleston, WV Edward W. Eardley Kenneth Roy Welch New Philadelphia, Edward Emmett PA O'Farrell James Alfred White Lansing, MI Theodore W. Swift Robert D. Willis Livingston, TX Hugh Morris Patterson Thomas Wolf Richmond, VA Douglas Whitfield Davis Donald Francis Woods Jr. Los Angeles, CA Gordon Kennedy Wright Ronald T. L. Young Napa, CA Malcolm Alison Mackenzie Richard Scott Yugler Portland, OR Charles J. Merten Bradford William Yules San Francisco, CA Richard Hudson Share Michael A. Zagaroli Lansing, MI Howard Tee Devon Spence Admissions to the Bar on Oral Motions

Applicant City and State Movant

Richard Reynolds Donnelly Columbus, IN Francis J. Lorson Charles William Coleman Edgefield, SC Karen LeCraft Henderson Oral Argument

No. 82-766. Secretary of State of Maryland, Petitioner v. Joseph H. Munson Company, Inc. Argued by Ms. Diana Gribbon Motz for the petitioner and by Mr. Yale L. Goldberg for the respondent. No. 82-825. Equal Employment Opportunity Commission, Petitioner v. Shell Oil Company. Argued by Mr. Richard G. Wilkins for the petitioner and by Mr. Robert E. Williams for the respondent.

No. 82-940. Elizabeth Anderson Hishon, Petitioner v. King and Spal- ding. Argued by Mr. Emmet J. Bondurant, II, for the petitioner, by Mr. Paul M. Bator for the United States as amicus curiae, and by Mr. Charles Morgan, Jr., for the respondent. No. 82-282. Thomas C. McCain and William Spencer, etc., Appel- lants v. Charles E. Lybrand, et al. Argued by Mr. Laughlin McDonald MONDAY, OCTOBER 31, 1983 153 for the appellants, by Ms. Barbara E. Etkind for the United States as amicus curiae, and by Ms. Karen LeCraft Henderson for the appellees.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY, NOVEMBER 1, 1983 155 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 81-2332. Norfolk Redevelopment and Housing Authority, etc., Petitioner v. Chesapeake and Potomac Telephone Company of Virginia, et al. 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 Rehnquist. Justice Powell took no part in the consideration or decision of this case.

No. 82-472. Joseph C. Russello, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Blackmun.

No. 82-585. Aloha Airlines, Inc. Appellant v. Director of Taxation of , Hawaii; and

No. 82-586. Hawaiian Airlines, Inc., Appellant v. Director of Tax- ation of Hawaii. Appeals from the Supreme Court of Hawaii. Judgment reversed and cases remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Jus- tice Marshall.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Russell Vaughan Palmore Richmond, VA Solicitor General Jr. Rex E. Lee Anita Jeanne Stephens Washington, DC James Philip Turner Glenn Matthew Taubman Arlington, VA Robert Fisher Gore Rex R. Krakauer Washington, DC Daniel Carl Schwartz Nancy Elizabeth Lasater Washington, DC Daniel Carl Schwartz 156 TUESDAY, NOVEMBER 1, 1983

Oral Argument

No. 82-1326. Secretary of the Interior, et al. , Petitioners v. Califor- nia, et al.;

No. 82-1327. Western Oil and Gas Association, et al., Petitioners v.

California, et al.; and

No. 82-1511. California, et al., Petitioners v. Secretary of the Inte- rior, et al. Argued by Mr. Solicitor General Rex E. Lee for the Secre- tary of the Interior, et al., by Mr. E. Edward Bruce for Western Oil and Gas Association, et al. , and by Ms. Theodora Berger for the State of California, et al.

No. 82-1041. Esther C. Dickman, et al., Petitioners v. Commissioner of Internal Revenue. Argued by Mr. Frank P. Riggs for the petitioners and by Mr. Lawrence G. Wallace for the respondent.

No. 81-2394. Westinghouse Electric Corporation, Appellant v. James

H. Tully, Jr., et al. Argued by Mr. Paul M. Dodyk for the appellant and by Mr. Peter H. Schiff for the appellees.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, NOVEMBER 2, 1983 157 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Nancy Whorton George Alexandria, VA David L. Boren Prudence Louise Fink Union, MO David Allen Feldheim

Oral Argument

No. 82-849. United States, Petitioner v. Sergio Elejar Mendoza. Ar- gued by Mr. Kenneth S. Geller for the petitioner and by Mr. Donald L. Ungar for the respondent.

No. 82-1448. United States, Petitioner v. Stauffer Chemical Com- pany. Argued by Mr. Louis F. Claiborne for the petitioner and by Mr. Charles F. Lettow for the respondent.

No. 82-1031. Jefferson Parish Hospital District No. 2, et al., Peti- tioners v. Edwin G. Hyde. Argued by Mr. Frank H. Easterbrook for the petitioners, by Mr. Jerrold J. Ganzfried for the United States as amicus curiae, and by Mr. John M. Landis for the respondent. No. 82-1432. Gladys Pulliam, Magistrate for the County of Culpeper, Virginia, Petitioner v. Richmond R. Allen and Jesse W. Nicholson. Ar- gued by Mr. Gerald L. Baililes for the petitioner and by Ms. Deborah C. Wyatt for the respondents.

Adjourned until Monday, November 7, 1983 at 10 o'clock. x

(JOURNAL) MONDAY, NOVEMBER 7, 1983 159 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. A-301. Ross Maggio, Warden, Applicant v. Robert Wayne Wil- liams. On application to vacate stay. Application granted and stay entered by United States Court of Appeals for the Fifth Circuit vacated. Opinion per curiam. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Brennan with whom Justice Mar- shall joins. Dissenting opinion by Justice Blackmun.

No. 82-6848. Luis Torres-Valencia, Petitioner v. United States. 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 is granted The petition for writ of certiorari is granted. The judgment is vacated and case remanded to the Court of Appeals for consideration of the Government's concession of error. Opinion per curiam. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice O'Connor join.

Appeals—Summary Disposition

No. 83-430. Louis Heimbach, etc., et al., Appellants v. New York, et al. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question. No. 83-449. Burke Distributing Corporation, dba B & W Transporta- tion, et al, Appellants v. Massachusetts. Appeal from the Supreme Ju- dicial Court of Massachusetts. The appeal is dismissed for want of a substantial federal question.

No. 83-467. Robert Paulson, et ux., et al., Appellants v. County of Pierce, Washington. Appeal from the Supreme Court of Washington.

The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition

No. 82-1712. George Sumner, Warden, Petitioner v. Robert Mata. On petition for writ of certiorari to the United States Court of Appeals 160 MONDAY, NOVEMBER 7, 1983 for the Ninth 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 Ninth Circuit with directions to dismiss the appeal as moot. Justice Stevens would deny certiorari.

Orders in Pending Cases

No. D-345. In the Matter of Disbarment of Gordon Lee Walgren. Disbarment order entered. No. D-355. In the Matter of Disbarment of Joseph Gelb. Disbarment order entered.

No. D-357. In the Matter of Disbarment of Carl Louis Harthun. Dis- barment order entered.

No. D-358. In the Matter of Disbarment of John Vincent Sheehan. Disbarment order entered. No. D-359. In the Matter of Disbarment of Henry G. McComb. Dis- barment order entered.

No. D-360. In the Matter of Disbarment of Harry A. Tabenken. Dis- barment order entered.

No. D-363. In the Matter of Disbarment of Francesco Gigliotti. Dis- barment order entered.

No. D-364. In the Matter of Disbarment of John P. Downes. Disbar- ment order entered.

No. D-381. In the Matter of Disbarment of Victor C. Cairo. It is ordered that Victor C. Cairo, of Racine, Wisconsin, 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-384. In the Matter of Disbarment of Philip Harold Bizar. It is ordered that Philip Harold Bizar, of Highland Park, Illinois, 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-385. In the Matter of Disbarment of J. Wesley Drawdy. It is ordered that J. Wesley Drawdy, of Columbia, South 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. MONDAY, NOVEMBER 7, 1983 161

No. D-386. In the Matter of Disbarment of Solomon Perlow. It is ordered that Solomon Perlow, of Lawrence, 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-387. In the Matter of Disbarment of Irving Mandell. It is ordered that Irving Mandell, of Valley Stream, 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. 82-485. Kathy Keeton, Petitioner v. Hustler Magazine, Inc., et al. Treating the telegram of David L. Kahn, Esquire, received Novem- ber 3, 1983, as a motion of Larry Flynt for leave to present oral argument pro se, the motion is denied. Stephen M. Shapiro, Esquire, of Chi- cago, Illinois, is invited to present oral argument as amicus curiae in support of the judgment below.

No. 82-940. Elizabeth Anderson Hishon, Petitioner v. King and Spal- ding. The motion of petitioner for leave to file reply brief, out-of-time, is denied.

No. 82-6982. Johnny Narcisse, Petitioner v. Louisiana. The application to suspend the effect of the order denying certiorari pending action on the petition for rehearing addressed to Justice Brennan and referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application.

No. 8&-5384. Vincent L. Boylan, Petitioner v. United States Postal Service. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 28, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Blackmun, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 83-18. Dun & Bradstreet, Inc. , Petitioner v. Greenmoss Build- ers, Inc. Petition for writ of certiorari to the Supreme of Vermont granted. No. 83-317. Sherman Block, Sheriff of the County of Los Angeles, et al., Petitioners v. Dennis Rutherford, et al. The motion of respondent 162 MONDAY, NOVEMBER 7, 1983

Dennis Rutherford 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 granted.

No. 83-321. Guy Waller, Petitioner v. Georgia; and

No. 83-322. Clarence Cole, et al., Petitioners v. Georgia. Petitions for writs of certiorari to the Supreme Court of Georgia granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 82-538. Ralph Godoy, aka Richard G. Wood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 82-2082. Yvonne Larsen, W. Daniel Larsen, Joseph K. Harmon and Edwin J. Gray, Petitioners v. Julie Fisher; and

No. 82-2130. Julie Fisher, Petitioner v. Yvonne Larsen, et al. Peti- tions for writs of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 82-6810. James Earl Mason, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 82-6825. Harry Franklin Kinner, Petitioner v. Paul J, Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-6946. Donald Ferguson, Jr., Petitioner v. J. R. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-22. City of Rockford, et al., Petitioners v. John Kaske and Paul A. Triolo. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-64. Jose Medardo Alvero Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-65. Leaseway Transportation Corp., et al. v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-71. United Parcel Service, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, NOVEMBER 7, 1983 163

No. 83-79. Daryl R. Jensen, Jr., Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 83-90. Portsmouth Redevelopment and Housing Authority, Peti- tioner v. Samuel R. Pierce, Jr., Secretary of Housing and Urban Devel- opment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-162. New York State Department of Taxation and Finance, et al., Petitioners v. Air Transport Association of America. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-179. Edward R. Posey, Petitioner v. Skyline Corporation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-180. Southern Pacific Transportation Company, Petitioner v. Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-184. William Whitley Hodges, Petitioner v. Board of Commis- sioners on Grievances and Discipline. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-278. Turner Robinson Bobo, Petitioner v. Kenneth

DuCharme, Superintendent, Washington State Penitentiary, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-397. Ouimet Corporation, et al. , Petitioners v. Pension Bene- fit Guaranty Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-398. Mitsui & Co., Ltd., et al., Petitioners v. Industrial In- vestment Development Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-408. Canadian Hidrogas Resources, Ltd., etc., et al., Peti- tioners v. MGPC, Inc., etc. Petition for writ of certiorari to the United States Temporary Emergency Court of Appeals denied.

No. 83-410. June Roth, Petitioner v. Nathan Pritikin and Patrick M. McGrady, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-416. Elizabeth Y. Byrum, et al., Petitioners v. Lowe & Gor- don, Ltd.; and Barney L. Byrum, et al., Petitioners v. Gary B. Patter- son, Trustee, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. 164 MONDAY, NOVEMBER 7, 1983

No. 83-426. Juan Sanchez, et al., Petitioners v. Ivy McFadden, Ad- ministratrix of the Estate of Gregory Isiah McFadden aka Gregory McFadden and Abdul Hadi, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-437. Infant Doe, Petitioner v. Bloomington Hospital, et al. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

No. 83-439. Sidney Siller, et al., Petitioners v. Hartz Mountain Asso- ciates, et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 83-440. Nancy H. Scott, Petitioner v. Anthony I. Sylvester. Pe- tition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-448. Ann MacDonald and Carl Jason, Petitioners v. Ferguson

Reorganized School District R-2, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-457. Anthony Henry Hyde, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 83-462. Sturm Ruger & Company, Inc., Petitioner v. Tim A. Zahrte. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-474. Stuart-Western, Inc., Petitioner v. Cooling Systems and Flexibles, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-488. Robert M. Kozachenko, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-522. Raymond Walker, Petitioner v. R. C. Marshall, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-543. Joseph Howard Kirk, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-545. Cyril E. Sagan, Petitioner v. U. S. Supreme Court and U. S. Government. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-566. Julian S. H. Weiner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, NOVEMBER 7, 1983 165

No. 83-571. Adalberto Arias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-574. John Mario Eboli and Anthony De Biasi, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-584. John A. Kramer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-5049. Anthony Carpenter, Petitioner v. Edward Scoppa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5111. Gary William Van Meter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5123. Richard L. Weston, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5127. Marconia Lynn Green, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-5141. Larry Davis, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied.

No. 83-5179. Arthur J. Larson, Petitioner v. Peter A. Kotos, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5184. Vidal Aguirre, Jr., Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-5198. Guy Granville Williams, Jr., Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

No. 83-5224. Frederick E. Thompson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied.

No. 83-5274. Martin J. Fitzpatrick, Petitioner v. Harold J. Smith, Superintendent, Attica Correctional Facility. Petition for writ of certiorari to the Court of Appeals of New York denied. 166 MONDAY, NOVEMBER 7, 1983

No. 83-5283. Terrill Douglas Hopkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-5316. Joseph Jude Oliver and Glenn R. Swanger, Petitioners v. Huntingdon County Commissioners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5393. James M. Dollar and Etta Marie Dollar, Petitioners v. Haralson County, Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5397. Ernest R. Zerman, Petitioner v. Harry A. Jacobs, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-5404. Phillip West, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 83-5405. Paul B. Owens, Petitioner v. William Barnes, Dauphin County Bureau of Elections and Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5425. Robert Vernon Bruce, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5426. Otis Thomas Finch, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5428. Willie C. Bennett, Petitioner v. Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5429. Charles Gaddy, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-5430. George Lamore, Petitioner v. Inland Division of Gen- eral Motors Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5434. John A. Guy, Petitioner v. Tip Top, Faberge, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5436. Richard Frost, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, NOVEMBER 7, 1983 167

No. 83-5439. William Hoskins, Jr., Petitioner v. Jim Thompson, Gov- ernor of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5441. George Meares-El, Petitioner v. Michael P. Lane, Di- rector, Illinois Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5443. Carol M. Orenstein, et al. , Petitioners v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5458. George A. Cortez, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 83-5481. Eligio Castro, Petitioner v. Federal Deposit Insurance Corporation, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5503. Elizabeth M. Moore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5515. Julio Enrique Pineda- Chinchilla v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5518. Michael Lee Sammons, Petitioner v. Gary Livesay, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5520. Steven R. Pifer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5532. Pamela J. Holliman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5535. Harold James Jenks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-5546. Raymond W. Hillyard, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5554. J. C. Hampton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 168 MONDAY, NOVEMBER 7, 1983

No. 83-5555. Marvin J. Zylstra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 82-1069. Harvey Coleman Peacock, Hoyle Lamont Peacock and Vera Lee Peacock, Petitioners v. United States. The motion of petitioner Harvey Coleman Peacock for leave to proceed informa pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 82-1977. Louie L. Wainwright, Director, Florida Department of Corrections, et al., Petitioners v. Candido Giardino. The motion of respondent for leave to proceed informa pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-144. Douglas Vinzant, Petitioner v. Arnold King. 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 First Circuit denied.

No. 82-2148. Janet Shawgo Whisenhunt, et vir, Petitioners v. Lee

Spradlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join.

No. 82-6780. John Mcllwain, Petitioner v. United States; and

No. 82-6997. Alvin C. Hines, Petitioner v. United States. Petitions for writs of certiorari to the District of Columbia Court of Appeals denied. Dissenting opinion by Justice Marshall with whom Justice Bren- nan joins. No. 83-97. Welfare Division of Department of Human Resources of Nevada, Petitioner v. John Michael Vine and Martha Jo Vine. The motion of respondent John Michael Vine for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 83-300. City of Los Angeles Department of Water and Power,

Petitioner v. National Audubon Society, et al. Petition for writ of certiorari to the Supreme Court of California denied. Justice Rehnquist took no part in the consideration or decision of this petition.

No. 83-434. Frank Fools Crow, etc., et al., Petitioners v. Tony Gul- let, etc., et al. The motion of Christie Institute, et al. for leave to file a brief as amici curiae is granted. The motion of American Civil Liber- ties Union, et al. for leave to file a brief as amici curiae is granted. Pe- MONDAY, NOVEMBER 7, 1983 169 tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-465. Edward Ronwin, Petitioner v. Supreme Court of Ari- zona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 83-5153. Alvin Hill, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5389. Terry Michael Mincey, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5406. Timothy Dale Bunch, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5567. Robert Brian Waterhouse, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Dis- senting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 83-5440. In Re Robert Earl Green, Sr., Petitioner; and No. 83-5444. In Re Nathaniel Percharo, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 82-1946. James L. Oyster, Appellant v. Elizabeth J. Oyster;

No. 82-1991. Catherine Elizabeth Schwarz, Petitioner v. Coastal Re- sources Management, et al.;

No. 82-6550. Leo M. Mullen, Petitioner v. Jon L. Starr, et al.;

No. 82-6676. William Dennis Hannan, Petitioner v. Secretary of the

Army, et al.;

No. 82-6971. Robert Henry Hartford, Petitioner v. Arizona;

No. 82-7033. Ruth Panter, et al., Petitioners v. Charles Franklin

Miller, Jr., et al.;

No. 83-5. Polskie Linie Lotnicze (LOT Polish Airlines), Petitioner v.

Angela Y. Robles, et al.;

No. 83-93. Alexander Gee, Petitioner v. Robert Fung, et al.;

No. 83-5114. Willie B. Stevenson, Petitioner v. Raymond C. Conrad; 170 MONDAY, NOVEMBER 7, 1983

No. 83-5143. William N. Holland, Jr., Petitioner v. Guest Quarters;

No. 83-5228. Moses S. Alexander, Petitioner v. Clyde M. Zeanah, et al.; and

No. 83-5254. Anna Marie Wright, Petitioner v. New York Life Insur- ance Company. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, November 14, 1983 until Monday, November 28, 1983.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Abraham S. Altheim New York, NY Philip Schlau MichaelJ. Andelson Palm Desert, CA J. John Anderholt Steven William Arronge San Antonio, TX Sean Patrick Martinez John B. Attanasio Pittsburgh, PA Roslyn M. Litman Thomas E. Baker Lubbock, TX Daniel Harper Benson James Paul Barnett Jr. Houston, TX William Benjamin Adair Henry Grady Barnhill Jr. Winston-Salem, Roddey Miller NC Ligon Jr. Anthony Bergamo New York, NY Victor Konow Donald Haskell Beskind Durham, NC Thomas Dudley Rowe Jr. Steven Michael Bialick Minneapolis, MN Elliot Calvin Rothenberg Charles Whitney Bobinette St. Louis, MO Richard Andrew Gephardt Ross Benjamin Bricker Chicago, IL Michael H. Salsbury Stan Brown Abilene, TX Judge Donald Hyram Lane Karen Smith Bryan Los Angeles, CA Max Lee Gillam Jr. Vincent P. Campiti South Bend, IN Joseph T. Helling .

MONDAY, NOVEMBER 7, 1983 171

Applicant City and State Movant hi award l. oaton Virginia Beach, Louis Bernard VAV A Fine Robert Neil Chatigny Hartford, CT Edward Bennett Williams

1 \7ny T4/"\1yy» ixtxy iiiuiiti vvi uoo eiUIlilT/Vnvi WilVcI111 X1U1II1 james iviartin jjavis umana,r^TVinVirj i\r>"M"R John J. Higgins, 01Tr

Kjlll lbtllld, VVlLLUVci lycd.Il Palpitrh "NTP j osepn w ayne

xJxzali

PppmViPvtn T^ia7 XUdlCdll,Hialpah 1FT,i-i Jack Arthur Donenfeld Cincinnati, OH Marianna Brown OcllIIidll sxcLiiKiy ±j. uiyd Salt T,akp fMtv vJUIUUIl -Li.

TTTu 1 xvODerxs jjon oiepnan uzura xionoiuiu, HI n

I dl llllglUIl v^naries onoDee HiDDeis uayiona oeacn, ixicnara jd. i\osier

rFTij j\.eni xiiiis r osier oan uiego, OA C. Emerson

JL/UIlCdilTjnti/»aTi 11T >l

IVTi nnQO'nAli c TVT"\.T 1 IlUIIldb Hi U W dl U VJlcIlIlUIl IVllilllcdpUilb, 1V11N JCjUWdltl IVllCIldci OlpnrioTl frflyv .Tnlp fxTPPn VJCU. Jr tt LUC \J±. Cvll StkJL. PaulX CtLiX, MNlull Eric R Miller rv.A Pan!i dUl VJifrHphpllcUcl UdU dlllCHLU, 0Tnhnuiiii iv.K" Vanv dii i/cDp TCamn

Xvdj IIIUIIU JUjIlIl lxdlliptUIl 11 nUIlLlIlgTTi i Tit" in rrflUIl,nn WA/vv V L/cUT ,po V^dtoUIlloPsi'fcinniQ r ernanao rjauarao xieria TTisilpijhnidiedn, FTr 1j IVldl 1U O. vvdllU Uaiici<-a« Alden Douglas Holford Houston, TY1A r mis Hi wing PnwjiTivu w an jjavia lvi. nuiiman oan uiego, oa rvanuaii orian

v^Ill lotloUIl

TllllQ \/ T/~lKi PharWtp "MP Plonyfro P TTnHo*pc d Uiict V . O Ullco Michael Earl Jones Pelham, NH Robert Horace Waters Mitchell A. Karlan New York, NY John H. Hall 172 MONDAY, NOVEMBER 7, 1983

Applicant City and State Movant

Douglas B. King Indianapolis, IN William P. Wooden Donald Dale Leister San Jose, CA Louis B. Wies John J. Leonard Philadelphia, PA Robert F. Rossiter

Peter N. Littman Ithaca, NY William S. Friedlander Lawrence G. Malone Albany, NY David Ellis Blabey John T. Masterson Jr. Washington, DC Edward Aeneas McCabe Allen Stanley Mathers Garden City, NY Peter James Mastaglio Lewis Alan Millenbach Albany, NY Clifford Arthur Royael Gerald F. Neal Las Vegas, NV Oscar Baylin Goodman Albert F. Pagni Reno, NV Robert Frank List

Thomas David Penfield San Diego, CA J. William Beard Jr. Michael T. Perry Baton Rouge, LA Leon Gary Jr. Douglas Stewart Phillips Palm Desert, CA J. John Anderholt Peter Gladstone Pierce III Oklahoma City, Judge Marian P. OK Opala John W. Porter Jr. San Diego, CA' Randall Brian Christison Jay Stuart Radetsky Denver, CO John Wallace Gollub Daniel Benjamin Rubock New York, NY Phylis Skloot Bamberger

David S. Rudolf Durham, NC Daniel Hubbard Pollitt James Henry "Buck" Smith Austin, TX Wallace E. Whitmore Piercy Joseph Stakelum III New Orleans, LA James Joseph O'Connor .

MONDAY, NOVEMBER 7, 1983 173

Applicant L/ity and btate Movant

Ronald E. Sternberg New York, NY Leonard J. Koerner James Lawson Stevens Jr. Sacramento, CA John R. Saldine Gregory Arthur Swajian Palm Desert, CA J. John Anderholt Michael John Terhar Los Angeles, CA Marion Eugene Wooley M. Kelly Tillery Philadelphia, PA Robert F. Rossiter James C. Todd Austin, TX Renea Hicks

Linda Carnes Wimberly Lexington, KY xvODerc Li. Chenoweth Mark Henry Woerner Northport, NY Dan Donato Jr.

l\T/->rriT/-yyrC! Admissions to the Bar on Written iviu l lurs O

Applicant City and State Movant

Stephen Jon Meyer Madison, WI rvOuerx w ivasLenmeier

Thomas R. Oberwetter Madison, WI XvUUcl L vv

XVcto£3 Sit"Lcllllfin TYlIcltii£»1 V Alan L. Sykes Rice Lake, WI noDert w XVd&LcIlIIlcltrl Thomas J. McHugh Jr. Fayetteville, GA TTatVivATTi Ann Oberly Kent Ellis Oleen Manhattan, KS Kathryn Ann Oberly Nicholas G. Karambelas New York, NY Herbert N. Harmon Oral Argument

No. 82-618. Joseph A. Kosak, Petitioner v. United States. Argued by Mr. Jeffrey L. Naftulin for the petitioner and by Ms. Kathryn A. Oberly for the respondent. No. 82-1200. Daily Income Fund, Inc. and Reich & Tang, Inc., Peti- tioners v. Martin Fox. Argued by Mr. Daniel A. Pollack for the petitioners and by Mr. Richard M. Meyer for the respondent. No. 82-1095. R. Pulley, Warden, Petitioner v. Robert Alton Harris. Argued by Mr. Michael D. Wellington for the petitioner and by Mr. An- thony G. Amsterdam for the respondent. 174 MONDAY, NOVEMBER 7, 1983

No. 82-960. National Labor Relations Board, Petitioner v. City Dis- posal Systems Inc. Argued by Mr. Norton J. Come for the petitioner and by Mr. Robert P. Ufer for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, NOVEMBER 8, 1983 175 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Joseph Ryland Winston Richmond, VA Justice Charles Stevens Russell Marguerite Ruth Roth Sacramento, CA Charles F. B. McAleer

Oral Argument

No. 82-485. Kathy Keeton, Petitioner v. Hustler Magazine, Inc., et al. Argued by Mr. Norman Roy Grutman for the petitioner and by Mr. Stephen M. Shapiro as amicus curiae in support of the judgment below at the invitation of Court.

No. 82-1401. Iain Calder and John South, Appellants v. Shirley Jones. Argued by Mr. John G. Kester for the appellants and by Mr. Paul S. Ablon for the appellee. No. 82-1127. Helicopteros Nacionales de Columbia, S.A., Petitioner v. Elizabeth Hall, et al. Argued by Mr. Thomas J. Whalen for the petitioner and by Mr. George E. Pletcher for the respondents.

No. 82-1246. Bose Corporation, Petitioner v. Consumers Union of United States, Inc. Argued by Mr. Charles Hieken for the petitioner and by Mr. Michael N. Pollet for the respondent.

Adjourned until tomorrow at 10 o'clock.

(JOURNAL) WEDNESDAY, NOVEMBER 9, 1983 177 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admission to the Bar on Written Motion

Applicant City and State Movant

James E. Tierney Lisbon Falls, ME George J. Mitchell

Oral Argument

No. 82-5298. Andres Segura and Luz Marina Colon, Petitioners v. United States. Argued by Mr. Peter J. Fabricant for the petitioners and by Mr. Andrew L. Frey for the respondent.

No. 82-15. Ray E. Oliver, Petitioner v. United States; and

No. 82-1273. Maine, Petitioner v. Richard Thornton. Argued by Mr. Frank E. Haddad, Jr. for the petitioner in No. 82-15, by Ms. Donna L. Zeegers for the respondent in No. 82-1273, by Mr. Wayne S. Moss for the petitioner in No. 82-1273, and by Mr. Alan I. Horowitz for the respondent in No. 82-15.

No. 82-729. Donald T. Regan, Secretary of the Treasury, et al., Ap- pellants v. Time, Inc. Argued by Mr. Elliott Schulder for the appellants and by Mr. Stuart W. Gold for the appellee. No. 82-1135. Dan V. McKaskle, Acting Director, Texas Department of Corrections, Petitioner v. Carl Edwin Wiggins. Argued by Ms. Les- lie A. Benitez for the petitioner and by Mr. Craig Smyser for the respondent, pro hac vice, by special leave of Court.

Adjourned until Monday, November 14, 1983 at 10 o'clock. x I (JOURNAL) MONDAY, NOVEMBER 14, 1983 179 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Stevens, and Justice O'Connor. 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. 83-118. Iron Arrow Honor Society, etc., et al, Petitioners v.

Margaret M. Heckler, Secretary of Health and Human Services, 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 is granted. The judgment is vacated and case is remanded to the Court of Appeals with instructions to direct the United States District Court for the Southern District of Florida to dismiss the case as moot. See County of Los Ange- les v. Davis, 440 U.S. 625, 634 (1979); United States v. Munsingwear, 340 U.S. 36, 39-40 (1950). Opinion per curiam. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Stevens. Justice Mar- shall and Justice Blackmun would deny certiorari.

Appeals—Summary Disposition

No. 83-405. Indiana University Foundation and Pauline Winnick,

Appellants v. George Andrew Reed, et al. Appeal from the Supreme Court of Kansas. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-531. Martha B. Gaunce, Appellant v. Pierre H. deVincentis and Jack T. Parrish. Appeal from the United States Court of Appeals for the Seventh Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5446. Emil Tatu and Emilia Tatu, Appellants v. William Da- vis, et al. Appeal from the Court of Appeal of California, Fourth Appel- late District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. 180 MONDAY, NOVEMBER 14, 1983

No. 83-5460. Rolf Betka, Appellant v. City of West Linn, et al. Ap- peal from the United States Court of Appeals for the Ninth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 82-1925. United States Department of State and George P. Shultz, Secretary of State, Petitioners v. Washington Post Company. On writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit. The judgment is vacated and case is remanded to the United States Court of Appeals for the District of Co- lumbia Circuit with directions that it instruct the United States District Court for the District of Columbia to dismiss the complaint as moot.

No. 83-253. Cesar Moya, Petitioner v. United States. 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 United States v. Place, 462 U.S. (1983).

No. 83-453. National Labor Relations Board, Petitioner v. United Parcel Service, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Third 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 Third Circuit for further consideration in light of National Labor Relations Board v. Transpor- tation Management Corp., 462 U.S. (1983).

No. 83-460. United States, Petitioner v. Donald P. McManigal. 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 Russello v. United States, 464 U.S. (1983).

Orders in Pending Cases

No. D-361. In the Matter of Disbarment of John Wright Moore, III. Disbarment order entered. No. D-388. In the Matter of Disbarment of Glenn Jermaine

Goldbum. It is ordered that Glenn Jermaine Goldburn, of Rockville, Maryland, be suspended from the practice of law in this Court and that MONDAY, NOVEMBER 14, 1983 181

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. 82-1295. Escambia County, Florida, et al., Appellants v. Henry

T. McMillan, 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 appellants for an order mamtaining status quo is denied.

No. 82-1453. Ernest Badaracco, Sr., et al., Petitioners v. Commis- sioner of Internal Revenue; and

No. 82-1509. Deleet Merchandising Corp., Petitioner v. United

States. The motion of petitioners in No. 82-1453 for leave to file motion for divided argument, out-of-time, is denied.

No. 82-1474. Charles R. Hoover, et al., Petitioners v. Edward Ronwin. The motion of Maryland for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied. Justice O'Connor took no part in the consideration or decision of this motion.

No. 83-56. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner v. Community Health Services of Crawford

County, Inc. , et al. The motion of the Solicitor General to dispense with

printing the joint appendix is granted.

No. 83-95. Ernest S. Patton, Superintendent, SCI - Camp Hill and

Harvey Bartle, III, Attorney General of Pennsylvania, Petitioners v.

Jon E. Yount. The motion of respondent for appointment of counsel is

granted and it is ordered that George E. Schumacher, Esquire, of

Pittsburgh, Pennsylvania, is appointed to serve as counsel for the respondent in this case.

No. 83-711. Clay Nifong, Petitioner v. United States. The application

for stay addressed to Justice Brennan and referred to the Court is denied.

No. 83-5338. Charles M. Anderson, Petitioner v. Virginia. The motion of petitioner for leave to proceed in forma pauperis is denied. Peti-

tioner is allowed until December 5, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in

Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis. 182 MONDAY, NOVEMBER 14, 1983 Certiorari Granted

No. 83-264. Calvin W. Burnett, etc., et al., Petitioners v. James R. Grattan and Adrienne S. Hedman. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. No. 83-103. Woodkraft Division, Georgia Kraft Company, Petitioner v. National Labor Relations Board. The petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit is granted limited to Question 1 presented by the petition. Certiorari Denied

No. 82-1885. Terramar Beach Community Improvement Association, Inc., Petitioner v. C. Ed Carrithers and Robert G. Coulter. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 82-1990. Robert Russell Austin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 82-1993. William H. Joiner, Jr., Petitioner v. Karen H. Vasquez. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth Supreme Judicial District, denied. No. 82-2147. International Association of Heat and Frost Insulators and Asbestos Workers, Local 17, Petitioner v. Dennis M. Young, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-6777. Ronnie Woods, Petitioner v. Louie L. Wainwright, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-6906. Glen Kerns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-3. Susanna M. Baginsky, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied. No. 83-9. New Mexico, ex rel. "One Minute of Silence" Statute, et al., Petitioners v. Juan G. Burciaga, Judge, United States District Court for the District of New Mexico. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 83-106. H. M. Trimble & Sons, Limited, Petitioners. Kingsley & Keith (Canada) Limited, et al. Petition for writ of certiorari to the Su- preme Court of Pennsylvania, Western District, denied. MONDAY, NOVEMBER 14, 1983 183

No. 83-189. James Lewallen, Leslie Cooper and Albert Wright, Peti- tioners v. Kentucky. Petition for writ of certiorari to the Circuit Court of Campbell County, Kentucky, denied.

No. 83-233. Colorado River Indian Tribes, Petitioner v. Gerald

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

No. 83-260. Joseph Pettineo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-263. Norman E. Fogle, Petitioner v. Supreme Court of South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-279. Pius XII Academy, Inc. , Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-310. William Ruzicka, Petitioner v. General Motors Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-347. A. L. Lockhart, Director, Arkansas Department of Cor- rection, Petitioner v. Jimmy Lee Dyas. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-472. Edward M. Atchison, Petitioner v. Career Service Coun- cil of State of Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 83-477. Earle M. Jorgensen Company, et al. , Petitioners v. City of Seattle, Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 83-486. Eddie Thompson, Jr., Petitioner v. Bernard Moorman, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-489. Leon G. Kazanzas, Jr., Petitioner v. Walt Disney World Co. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-500. Sandra H. Hartke, Petitioner v. William McKelway. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-501. George Dewey Hayes, Petitioner v. City of Baton Rouge. Petition for writ of certiorari to the Court of Appeals of Louisi- ana, Nineteenth Judicial District, denied. 184 MONDAY, NOVEMBER 14, 1983

No. 83-503. R. D. Bob Rippetoe, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 83-505. Electronic Currency Corporation and Melvin E.

Salveson, Petitioners v. Western States Bankcard Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-515. Kee Joe Benally, et al., Petitioners v. UNC Resources,

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

No. 83-517. Wanda P. Chocallo, Petitioner v. Bureau of Hearings and Appeals, SSA, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-569. Arthur G. Hageman, Petitioner v. Home Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-622. Jorge S. Zuniga and Gary R. Pierce, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-626. Harvey S. Kleinman, et ux., Petitioners v. United

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

No. 83-5030. Patrick Henry Daniels, Petitioner v. Barry Mintzes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5043. J. Kenneth Rhodes, Petitioner v. Larry Stewart,

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

No. 83-5058. Jerry R. Sharp, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 83-5105. Ross Eugene Fields, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5176. Jose Luis Zazueta-Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5177. Fritz Whittington, Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, NOVEMBER 14, 1983 185

No. 83-5192. Charles A. Healy, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5204. Minnie Guigno, et al., Petitioner v. Margaret M. Heck- ler, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5396. Willie Lee Mosley, Petitioner v. Ronnie Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5399. Freddie Holmes, Petitioner v. John T. King, Secretary,

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

No. 83-5447. Joseph Redman, Petitioner v. Louie L. Wainwright,

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

No. 83-5450. Arthur P. Schwartz, Petitioner v. Elizabeth Maiden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5452. Mark A. McCurdy, Petitioner v. Landmark Financial Corporation of Georgia and Woodrow F. Hamby. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 83-5455. Lee Alan Smith, Petitioners. Paul Morris, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5456. Kenneth Wayne Mingo, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5459. Dennis Lee Stinson, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5461. Thoni Lee Green, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-5466. Bernard William Robinson, Petitioner v. Warden, Maryland State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 186 MONDAY, NOVEMBER 14, 1983

No. 83-5467. Raul Diaz Moreno, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 83-5468. Benjamin Franklin Phillips, Petitioner v. Reynolds T. Alonzo, Jr., et al. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-5471. Jeffrey S. Morgan, Petitioner v. Charles H. Zimmerman, Superintendent, State Correctional Institution at Hun- tingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5476. Oswald John, Petitioner v. George C. Wilkinson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-5478. Matthew and Cynthia Washington, Petitioners v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5480. Scott William Reseburg, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth Su- preme Judicial District, denied.

No. 83-5485. Douglas Loring Ashby, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-5486. Lionel Dugar, Petitioner v. Ross Maggio, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5487. Michael M. Roby, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 83-5489. Larry Lee Christiansen, Petitioner v. Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5491. John Arthur Brown, Petitioner v. Willard H. Douglas, Judge. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-5499. Curtis Mayes, Petitioner v. Dewey Sowders, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-5519. Michael Jackson Powell, Petitioner v. Eugene Nuth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, NOVEMBER 14, 1983 187

No. 83-5521. Albert Herold Ceniceros, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5522. Lawrence Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5529. Andrew Cserenyi, et al., Petitioners v. New York. Pe- tition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 83-5531. Peter J. Goodridge, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-5556. Gene Allen Salser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5557. William Thomas Jones, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5558. Marvin Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5580. John William Carter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5584. Lance Chernack, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5587. Bryan R. Mansaw, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5592. Richard Eugene Webber, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5595. Donna Ambrose, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5598. Ronald Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. 188 MONDAY, NOVEMBER 14, 1983

No. 83-153. Gordon H. Faulkner, et al., Petitioners v. Billy Merritt. 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. 83-483. Hydroculture, Inc., Petitioner v. Coopers & Lybrand. 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. 83-5339. Dennis Dick, Petitioner v. Ralph Kemp, Superintend- ent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5367. Avery C. (Pete) Moore, Petitioner v. Louisiana. Peti- tion for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5449. Willie Lee Richmond, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5454. Clarence Womack, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5457. Joseph Paul Jernigan, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-5463. William Duane Elledge, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5438. Morris T. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Justice White took no part in the consideration or decision of this petition.

Mandamus Denied

No. 82-7027. In Re Ira Abney, Jr., Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 82-6255. Meral Smith, Petitioner v. Government of the Virgin Islands; MONDAY, NOVEMBER 14, 1983 189

No. 82-6888. Allan G. Kaplan, Petitioner v. Office of the U.S. Attor- ney for the District of New Jersey, et al.;

No. 82-6960. Bret S. Clark, Petitioner v. Robert Q. Marston, et al.;

No. 83-53. Chesapeake & Ohio Railway Company, Petitioner v. Charles Schaaf;

No. 83-5107. M. Hunter Brown, Petitioner v. Lutheran Hospital So- ciety of Southern California, etc.; and

No. 83-5244. Lee Roy Tucker, Petitioner v. London Gold Exchange, London Metal Exchange, Inc. Petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jess J. Araujo Santa Ana, CA George T. Frampton Jr. Dennis Alan Arouca Philadelphia, PA Harry Anthony Rissetto James Roy Barfield Jacksonville, FL Calvin Earl Hayden George Augustus Blair III New Orleans, LA William Noland Mary E. 0. Bolint San Francisco, CA Steven Mathew Kipperman Russell M. Boston Macon, GA Charles Ticknor Erion St. Paul Bourgeois IV Lafayette, LA Raymond M. Allen Kenneth E. Bullock Laurel, MS C. Denton Gibbes Theodore Campagnolo Brownsville, TX Eduardo Roberto Rodriguez Jennifer A. Cates Bartlesville, OK Charles Laurence Pain Thomas W. Cavanagh Jr. Oceanport, NJ George M. Chamlin Raymond Gordon Chadwick Augusta, GA Wyckliffe A. Knox Jr. Jr. Peter Richard Chaffetz New York, NY Hammond E. Chaffetz Michael Bushnell Charlton Houston, TX Melvyn Carson Bruder 190 MONDAY, NOVEMBER 14, 1983

Applicant City and State Movant

Randall Burton Clark Houston, TX Ferdinand P. Cribbs Jr. David Jackson Cooper Jr. Columbia, SC T. Eston Marchant Jr. Gerald Michael Fort Lauderdale, R. H. Hitchcock Cunningham FL Jack Martin Dampf Baton Rouge, LA Sam J. D'Amico Brian Joseph Davis San Antonio, TX Waldo E. Ximenes John J. DeFranks Buffalo, NY Richard J. Arcara Juan A. Ramos Diaz San Juan, PR Benjamin Acosta Gonzalez George Scott Eichhorn Des Moines, IA Frank A. Comito Guy 0. Farley III Manassas, VA Paul B. Ebert Jack Glenn Feldman Washington, DC Melville W. Feldman Kenneth Leroy Funderburk Phenix City, AL James Duvall Patrick Jr. John Grimmer New York, NY John J. Loflin Jr. Donald Edward Groshong East Alton, IL James T. Williamson Donald Edward Hall Fairfax, VA E. Madison Hall Jr. Clifford Harold Hardwick Roswell, GA William Wright Daniel William Camp Harris Macon, GA T. Reese Watkins Tyree Bryson Harris IV Nashville, TN James F. Neal David Coltun Harrison Philadelphia, PA Mitchell A. Kramer Michael W. Hinkle Tishomingo, OK Frederick Page Dobson Herbert K. Hoffman Clayton, MO Ronald J. Brockmeyer Donald Eugene Irvin Mt. Vernon, IL David E. Furnall Gregory Eugene Jackson Washington, DC Dennis Craig Dambly David Frederick Johnston Portland, OR Peter Andrew Fitzpatrick Stuart Barry Kalb Dallas, TX John Michael Nolan MONDAY, NOVEMBER 14, 1983 191

Applicant City and State Movant

John T. Kay California, MO John W. Inglish Richard Dean Kibby Anchorage, AK Dan Elvin Dennis Jean A. Kingrey Arlington, VA Georgina Guy Marvin Frank Kittrell Newberry, SC William Franklin Partridge Jr. John Frederick Lanham Leesburg, VA Samuel Darke Engle Jr. Virginia L. Linder Salem, OR William F. Gary Jeffrey Russell Masi Washington, DC Thomas J. McKey Paul Clinton McCommon Phoenix, AZ Charles H. III Keating Jr. Norbert James McDermitt Waco, TX David B. Kultgen John Fairley McDonald III Montgomery, AL H. Bartow Farr III Thomas Owen McGarity Austin, TX Charles Alan Wright Jack Brian McGee Juneau, AK Norman C. Gorsuch Edward A. Merdes Fairbanks, AK Bruce E. Gagnon M. Jay Meyers Pocatello, ID James Albertus McClure R. Boyd Miller Mobile, AL Frank McRight Joseph B. Mistrett Buffalo, NY Joseph Arthur Shifflett Betsy Mogul Los Angeles, CA John Charles Blair Federico A. Moreno Miami, FL John W. Thornton Jr. Milton Lawrence Moss Anchorage, AK Dan Elvin Dennis Eva Svanhild Nilsen Boston, MA David Rossman Nikolas Emmanuel Winchester, VA John R. Prosser Parthemos Ray Doss Peeler Jr. Bonham, TX William Carl Terry Mark James Phillipoff South Bend, IN John Burt Ford Deborah Ann Piperni Rochester, NY Joel Sanford Taylor Craig E. Power Houston, TX Ross D. Margraves Jr. 192 MONDAY, NOVEMBER 14, 1983

Applicant City and State Movant

Joanne Schulman New York, NY Judith Ida Avner Ronald L. Seeger Rochester, MN Franklin Michaels Susan M. Segal Phoenix, AZ Russell Alan Kolsrud Lawrence B. Shallcross Jr. Baton Rouge, LA Leonard Randall Nachman III Frank R. Siderius Seattle, WA Raymond H. Siderius Andrew L. Sokol New York, NY Paul Marvin Scheib John Ladell Stainthorp Chicago, IL Michael E. Deutsch Donald F. Stevens Jersey City, NJ Richard J. Connors Michael J. Stone Houston, TX Miron Anderson Love John T. Tate Jr. Pasadena, CA George Slaff Sarah Mulder Thompson Philadelphia, PA Judge James Hunter III Beverly Scales Tucker Detroit, MI Jordan Rossen Marliss Ellena Turek Chicago, IL Shelvin Singer Michael J. Udovic Pasadena, CA Jack Bing Tso Anthony Paul Underwood Florence, AL James F. Walsh Edna R. Walz Sacramento, CA Brewster Q. Morgan Anderson D. Ward Phoenix, AZ John P. Frank Peter P. Watson Denver, CO Joseph H. Koonz Jr. Theodore Case Whitehouse Washington, DC James R. Brooks Arthur Lee Williams Louisville, KY Victor L. Baltzell Jr. Norman Lamar Williams Lake Charles, LA Kenneth Michael Wright Roger A. Wood Perrysburg, OH William Fellows Hayes David M. Zacks Augusta, GA Wyckliffe A. Knox Jr. Diane Leenheer New York, NY Chief Judge Jack Zimmerman B. Weinstein MONDAY, NOVEMBER 14, 1983 193 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Raymond Floyd Dreyer San Jose,CA Don Edwards Wendy Luise Addiss New York, NY William E. Willis James M. Parker Stow, MA Michael Paul Peskoe Kevin Richard Gallagher Washington, DC Mark Ivan Savadow Douglas Brian Warner Atlanta, GA Lewis Harrison Markowitz Anita Christine Esslinger Washington, DC Daniel Carl Schwartz Penny Quinn Seaman Washington, DC Daniel Carl Schwartz Patrick Kevin Caddell Pinellas Park, FL Allen V. Farber Stephen Frederick Ellis Sarasota, FL Allen V. Farber Terry William Alford Spring Hope, NC Ferd Leary Davis Jr. Bruce Forrester Jobe Lumberton, NC Ferd Leary Davis Jr. John William King Jr. New Bern, NC Ferd Leary Davis Jr. William Drummond Asheville, NC Ferd Leary Davis McDowall Jr. Jr. John Marsh Tyson Fayetteville, NC Ferd Leary Davis Jr. Benjamin Lee Wright Clinton, NC Ferd Leary Davis Jr. Samuel R. Clawson Charleston, SC Ferd Leary Davis Jr. Robert A. Goldman San Francisco, CA Charles H. Morin Robert Francis Moriarty Bridgeport, CT Charles H. Morin Daniel Shepro Fairfield, CT Charles H. Morin Charles Albert Boiler Washington, DC Charles H. Morin Debra Ann Weiner Washington, DC Charles H. Morin Peter A. Aduja Honolulu, HI Charles H. Morin R. David Cohen Boston, MA Charles H. Morin Milton S. Glanz Brookline, MA Charles H. Morin 194 MONDAY, NOVEMBER 14, 1983

Applicant City and State Movant

Edwin Theodore Holmes Rockport, MA Charles H. Morin Lawrence E. Kaplan Boston, MA Charles H. Morin Joseph I. Macy Fall River, MA Charles H. Morin Kieran B. Meagher Reading, MA Charles H. Morin Eleanor R. Miller Wilbraham, MA Charles H. Morin Michael W. Seddon Lawrence, MA Charles H. Morin Leonard I. Shapiro Boston, MA Charles H. Morin Michael A. Slutsky Brockton, MA Charles H. Morin Leonard R. Sweet Boston, MA Charles H. Morin Michael Edward Faden Bethesda, MD Charles H. Morin Matthew Stuart Goldfarb Portland, ME Charles H. Morin Alfred James Egenhofer Ridgefield Park, Charles H. Morin NJ Caroline Lehmann Meuly New Brunswick, Charles H. Morin NJ David Mark Paris Glen Ridge, NJ Charles H. Morin Stewart Gary Abramson New York, NY Charles H. Morin Glenn Lau-Kee New York, NY Charles H. Morin Beth R. Morgenstern New York, NY Charles H. Morin George Schmergel Rochester, NY Charles H. Morin Michael Scott Simon New York, NY Charles H. Morin Alexander Davis Wilson Baltimore, MD Lewis Harrison Markowitz D. Reed Anderson York, PA Lewis Harrison Markowitz William B. Anstine Jr. York, PA Lewis Harrison Markowitz Bruce C. Bankenstein York, PA Lewis Harrison Markowitz Jack Howard Barton York, PA Lewis Harrison Markowitz Niles Benn York, PA Lewis Harrison Markowitz John M. Boddington York, PA Lewis Harrison Markowitz Richard Arthur Bramhall York, PA Lewis Harrison Jr. Markowitz Robert J. Brown York, PA Lewis Harrison Markowitz 1 i

MONDAY, NOVEMBER 14, 1983 195

Applicant City and State Movant

Danipl Ti Crnri CLl 11V31 U. \JCLL 11 YorkX V/X JV y PAX XX. Lpwis1_J VZJ W IO llulHsnrisnn1 loull Markowitz

David R Confer YorkX VSX iii PAX XX LewisU V VV J.O HarrisonX X (XX X IkJUll Markowitz

HeatherllVUvllVl LJ—i » DorionVX lull YorkX V/X 11 f PAX XX LewisUv TV 1U XHarrisonX CXI X lOvll

MarkowitzXTXCXX 1*V W 1LU

John M Flakin ITlVvllUlllvO KJ LXX XJV7TiPwisVV lO XFTaTrisnnX CXI X lOV/Al g ^ PA Markowitz John Maynard Garber York, PA Lewis Harrison Markowitz

Douglas Harlan Gent HanoverXX CXI IV V V/X PAX XX 1JVLewisVY lo 11CUHarrison1 lOUli Markowitz

FrankX X CXI IX V Jeffreyt/ vlll V V GoldenberffVjI V/lVt^llMvl c. YorkX V/X 11 « PAXXX LewisX-J V VV lu HarrisonX X CXI X luvU Markowitz

1 JuanitaV L4.C41U. vCV 0%/ • Oriffirio*VJX xlliilc TjanpastPTUCll 1 VCXO L V7X « PAX XX UvLewisVY lo lieuHarrison1 lOUll Markowitz

Louis T Guthrie Hanover, PA LewisX^ Vr VV lk_7 HarrisonX X CXI X 1UV11 Markowitz ucuLarrvx v Cliffordv> iii mi li Heimnt 11 1 YorkX v/X X\ % PAX XX Lpwisi-j vy io iicuHaTrisnnl lo yjii Markowitz

WilliamTT UllCilll XF • Hoffmever11 vlllll V- V V/l YorkX V/X £\ % PAX XX TjPwisU \^ VV IO Harrison11CU 1 lOUil Markowitz

Jamesy WHlvU XRobertV V Uvl U Kathermanllclvllvl 111U11 YorkX V/X 11 y PAXXX Lewisul vv io xxHarrisonm x luvii Markowitz

RXV» UlllVlElliot KathermanXXCX LI XlLQll YorkX v/X I\ < PAX XX. Lpwisvv io iicuHarrisoni io wi

MarkowitzXTXCXX llv VV IwU

ThomasA llVlllUrkJ LJ—J • KearnevXfcVMii 11V V XXXI YorkX Ul 11« PAX XX LewisU v VV 1XJ HarrisonXX (XX X

XTMarkowitzX CXI llv VV ItU

Scott Lee Kellev XXHanoverCXI IV/ V VI j PAX XX LewisVV IO HarrisonXX CXI X 1UV/11 Markowitz

Gerard George Keoe*h Jr YorkX V/l llf PAX XX uvLewisvv IO XXHarrisonCXI X lOVlX Markowitz IVfiphapl TCipTlrpca^vH HflTvison I/.J aTIIvIIG-CI 1*_1 Cl l\Cg O.O.X LI York PA Lpwis1 j v3 VV lo lldl 1 low 11

lTicti J\U VV I \jL Carolyn Sherman Lasky York, PA Lewis Harrison Markowitz Robert A. Lerman York, PA Lewis Harrison Markowitz 196 MONDAY, NOVEMBER 14, 1983

Applicant Citv anri Statp 1TXU V

Stephen Patrick Linebaugh York, PA Lewis Harrison Markowitz Thompson Joseph York, PA Lewis Harrison McCullough Markowitz Samuel F. Meisenhelder York, PA Lewis Harrison Markowitz John D. Miller Jr. York, PA Lewis Harrison Markowitz Russell Francis Moon Jr. York, PA Lewis Harrison Markowitz Robert Eugene Myers New Cumberland, Lewis Harrison PA Markowitz J. Christian Ness York, PA Lewis Harrison Markowitz Keith R. Nonemaker Hanover, PA Lewis Harrison Markowitz Wilson Henry Oldhouser York, PA Lewis Harrison Markowitz Frank Anton Orban III Lancaster, PA Lewis Harrison Markowitz Gregory Paulson Lancaster, PA Lewis Harrison Markowitz Ronald Perry York, PA Lewis Harrison Markowitz Norman T. Petow York, PA Lewis Harrison Markowitz Samuel G. Puleo Shrewsbury, PA Lewis Harrison Markowitz Roselyn Barbara Ramist Lancaster, PA Lewis Harrison Markowitz Edward C. Roberts York, PA Lewis Harrison Markowitz William Dunton Schrack III Dillsburg, PA Lewis Harrison Markowitz Wayde P. Seidensticker York, PA Lewis Harrison Markowitz Karen L. Semmelman York, PA Lewis Harrison Markowitz MONDAY, NOVEMBER 14, 1983 197

Applicant City and State Movant

* T ' TT Kenneth J. Sparler York, PA Lewis Harrison Markowitz

* Harold E. Stambaugh York, PA LewisT ' HarrisonTT Markowitz John William Stitt York, PA Lewis Harrison Markowitz Barbara Orsburn Stump York, PA LewisT * HarrisonTT Markowitz

"\T "I T"> A Marc G. Tarlow York, PA Lewis Harrison Markowitz James H. Thomas Lancaster, PA Lewis Harrison Markowitz Glenn C. Vaughn York, PA Lewis Harrison Markowitz Jan M. Wiley Dills burg, PA Lewis Harrison Markowitz

TT A • Morrison B. Williams Hanover, PAT> TLewis HarrisonTT - Markowitz Paul N. Yost York, rA Lewis Harrison Markowitz Sam L. Amirante rarK Kidge, 1L Judge Abner josepn iviiKva Raymond S. Barish onicago, IL Judge Abner Joseph Mikva Timothy M. Biasiello W heeling, 1L Judge Abner Joseph Mikva Matthew Nicholas Chaconas unicago, IL Judge Abner Joseph Mikva

Bruce Kent David bleepy rioliow, 1JL Judge Abner Joseph Mikva James Patrick Etchingham Park Kidge, IL Judge Abner Joseph Mikva James Martin Kiss Carpentersville, Judge Abner TT LLi Joseph Mikva Albert H. LaPlante Arlington Judge Abner Heights, IL Joseph Mikva Martin Gerard Luken Chicago, IL Judge Abner Joseph Mikva 198 MONDAY, NOVEMBER 14, 1983

Applicant City and State Movant

James J. McPolin Chicago, IL Judge Abner Joseph Mikva Ross A. Miller Arlington Judge Abner Heights, IL Joseph Mikva Gene L. Nottolini Elgin, IL Judge Abner Joseph Mikva Anthony Munari Petrone Chicago, IL Judge Abner Joseph Mikva Christopher Edward Chicago, IL Judge Abner Koenig Pfannkuche Joseph Mikva John Joseph Scotillo Mount Prospect, Judge Abner IL Joseph Mikva Nancy Sass Scotillo Hoffman Estates, Judge Abner IL Joseph Mikva Alfred D. Stavros Wheeling, IL Judge Abner Joseph Mikva Thomas J. Tyrrell Chicago, IL Judge Abner Joseph Mikva Willard B. Widerberg Elgin, IL Judge Abner Joseph Mikva

Adjourned until Monday, Nov. 28, 1983, at 10 o'clock. x (JOURNAL) MONDAY, NOVEMBER 28, 1983 199 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. 83-131. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Arthur Frederick Goode, III. On petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. Judg- ment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Brennan with whom Justice Mar- shall joins.

Appeals—Summary Disposition

No. 83-451. Bert Junior Wilson, Appellant v. Commissioner of Inter- nal Revenue. Appeal from the United States Court of Appeals for the Tenth Circuit. The appeal is dismissed for want of jurisdiction.

No. 83-534. Curtis Farber, Appellant v. Oregon. Appeal from the Su- preme Court of Oregon. The appeal is dismissed for want of a substantial federal question.

No. 83-535. Marshfield Family Skateland, Inc., et al., Appellants v. Town of Marshfield. Appeal from the Supreme Judicial Court of Massa- chusetts. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice White would note probable jurisdiction and set the case for oral argument.

No. 83-555. Russell Stover Candies, Inc., Appellant v. Department of Revenue of the State of Montana. Appeal from the Supreme Court of Montana. The appeal is dismissed for want of a substantial federal question. Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 83-561. Salvatore Moretti, et al., Appellants v. Multi-Pak Cor- poration, et al. Appeal from the Superior Court of New Jersey, Appel- 200 MONDAY, NOVEMBER 28, 1983 late Division. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 82-1367. Roadway Express, Inc., Petitioner v. Lawrence G. Warren. On writ of certiorari to the Court of Appeals of Georgia. The writ of certiorari is dismissed as improvidently granted.

Orders in Pending Cases

No. A-335. Louie L. Wainwright, Secretary, Florida Department of Corrections, Applicant v. William Lee Thompson. The application for stay of mandate, addressed to Justice Rehnquist and referred to the Court, is denied.

No. A-358. John Henry Knapp, Applicant v. Arizona. The application for stay of execution of sentence of death, presented to Justice Rehn- quist and by him referred to the Court, is denied. Justice Brennan, Jus- tice Marshall and Justice Stevens would grant the application.

No. D-382. In the Matter of Disbarment of Henry W. Laber. It is ordered that Henry W. Laber, of Madiera Beach, 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-383. In the Matter of Disbarment of Franklyn L. Lowenthal. It is ordered that Franklyn L. Lowenthal, of Yonkers, 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. 82-1295. Escambia County, Florida, et al., Appellants v. Henry

T. McMillan, et al. The motion of American Civil Liberties Union for leave to file a brief as amicus curiae is granted.

No. 82-1474. Charles R. Hoover, et al., Petitioners v. Edward Ronwin. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted and fifteen minutes of respondent's time for oral argument is allotted for that purpose. The motion of Maryland, et al. for leave to participate in oral argument as amici curiae and for divided argument is denied. Justice O'Connor took no part in the consideration or decision of these motions. MONDAY. NOVEMBER 28, 1983 201

No. 82-1577. Michigan Canners and Freezers Association, Inc., et al., Appellants v. Agricultural Marketing and Bargaining Board, et al.

The motion of appellees for divided argument is denied.

No. 82-1721. Seattle Times Company, et al., Petitioners v. Keith Mil- ton Rhinehart, et al. The motion of American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted.

No. 82-1795. Capital Cities Cable, Inc., et al., Petitioners v. Richard A. Crisp, Director, Oklahoma Alcoholic Beverage Control Board. The motion of National League of Cities for leave to file a brief as amicus curiae is granted.

No. 82-1845. Colorado, Petitioner v. Antonio Guadalupe Nunez. The motion of respondent to dismiss writ of certiorari for want of jurisdiction is denied.

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan

Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v.

San Antonio Metropolitan Transit Authority, et al. The motion of the

Solicitor General to dispense with printing the joint appendix is granted.

No. 82-1998. William P. Clark, Secretary of the Interior, et al., Peti- tioners v. Community for Creative Non-Violence, et al. The motion of respondents to vacate order staying the mandate of the United States

Court of Appeals for the District of Columbia Circuit is denied.

No. 83-96. Joanne Limbach, Tax Commissioner of Ohio, Petitioner v. The Hooven & Allison Company. The motion of International Associa- tion of Assessing Officers for leave to file a brief as amicus curiae is granted.

No. 83-5581. Willie L. Glover, Jr., et al., Petitioners v. Clifford L. Alexander, Jr., Secretary of the Army. The motion of petitioners for leave to proceed in forma pauperis is denied. Petitioners are allowed until December 19, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis. 202 MONDAY, NOVEMBER 28, 1983 Appeals^Jurisdiction Noted or Postponed

No. 83-498. G. Michael Brown, etc., et al, Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al.; and

No. 83-573. Martin Danziger, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al. Appeals from the United States Court of Appeals for the Third Circuit. 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. 83-436. Donald Regan, Secretary of the Treasury, et al., Peti- tioners v. Ruth Wald, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted.

No. 83-458. John R. Block, Secretary of Agriculture, et al., Petition- ers v. Community Nutrition Institute, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 83-346. United States, Petitioner v. Esmail Yermian. 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 granted.

No. 83-712. New Jersey, Petitioner v. T.L.O. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of New Jersey granted.

Certiorari Denied

No. 82-1983. Ross R. Caliguri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6620. Zoe Ann Breitegan, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied.

No. 82-6945. Richard Loe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 82-6986. Addie Hardrich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, NOVEMBER 28, 1983 203

No. 82-6992. Jesse Albert Duran, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 83-28. John Cina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 83-61. O'Neal Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-73. Paul J. Ferrante and Randy James Myers, Petitioners v. United States; and

No. 83-5083. Herman Mers and Lester Mers, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-108. Mary F. Shope, Executrix of the Estate of George W. Shope, Deceased, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-139. Rosie Lee Pegues, et al., Petitioners v. Mississippi State

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

No. 83-159. Dennis E. Greenman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-166. Robert Angelo Guippone and Anthony Michael Porcelli, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-176. Thomas Herrmann, Petitioner v. United States; and

No. 83-5195. George Ennis, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-177. Patricia M. Letnes, etc., Petitioners. United States Dis- trict Court for the District of Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-186. Marjorie Ruth Moon, Treasurer of the State of Idaho,

Petitioner v. State Board of Examiners, et al. Petition for writ of certiorari to the Supreme Court of Idaho denied. 204 MONDAY, NOVEMBER 28, 1983

No. 83-203. Bernard Barnett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-205. City of Wauwatosa Fire Department, Petitioner v. Stan- ley Orzel. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-216. Dennis Barnes McCranie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-229. Robert 0. Wimmer, Petitioner v. John F. Lehman, Jr., Secretary of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-234. Edward Ennis, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 83-244. Telegraph Savings and Loan Association, et al., Petition- ers v . William J. Schilling, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-296. Robert A. Lebovitz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-299. Henry C. Tilford, Jr. and Barbara N. Tilford, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-325. City of Evanston, et al., Petitioners v. Lubavitch

Chabad House of Illinois, Inc., et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-329. County of Rockland, Petitioner v. U. S. Nuclear Regula- tory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-331. Kathy Shirilla, as Personal Representative of the Estate of Donald Andrew Taylor, Deceased, Petitioner v. Clay Smallwood, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-336. Maintenance Contractors, Inc., Petitioner v. Samuel R. Pierce, Jr., Secretary, Department of Housing and Urban Develop- ment. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-338. Sadik Xheka and Beha Xheka, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. MONDAY, NOVEMBER 28, 1983 205

No. 83-353. John Salorio, et al., Petitioners v. Sidney Glaser, Direc- tor of the Division of Taxation, Department of the Treasury of New Jersey; and No. 83-596. Sidney Glaser, Director of the Division of Taxation, De- partment of the Treasury of New Jersey, Petitioner v. John Salorio, et al. Petitions for writs of certiorari to the Supreme Court of New Jersey denied.

No. 83-358. Raymond Martorano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-361. William M. Erlbaum, New York City Criminal Court Judge, Petitioner v. Robert M. Morgenthau, New York County District Attorney. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-368. James A. Russo, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-425. Nicholas Mancuso, et al., Petitioners 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. 83-463. Robert Stern, Petitioner v. Kenneth Shouldice, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-510. Local Union 1702, United Mine Workers of America, Pe- titioner v. Consolidation Coal Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-516. Baer Manufacturing, Inc., et al., Petitioners v. Sheet

Metal Workers Pension Plan of Southern California, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-520. Gene Thomas Meyer, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-521. Plaza de las Armas, Inc., et al., Petitioners v. City of San

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

No. 83-526. D. A. Rickards, et al., Petitioners v. Canine Eye Reg- istration Foundation, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 206 MONDAY, NOVEMBER 28, 1983

No. 83-528. Peter D. Coburn, Petitioner v. Pan American World Air- ways, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 83-536. Barclay Equestrian Center, Inc., Petitioners. Continen- tal Bank of Pennsylvania. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 83-540. Thomas Westbrook, Petitioner v. Hutchinson Crane Ex- cavating Co., Inc. Petition for writ of certiorari to the District of Co- lumbia Court of Appeals denied.

No. -83-549. Mark Abramoff, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied.

No. 83-550. L. D. Jameson, Petitioner v. Bethlehem Steel Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 83-554. University College of the University of Alabama in Bir- mingham, et al., Petitioners v. Martha Johnson and Delores J. Ceballos, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-556. Presto Casting Company, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-557. Walter Regal, et ux., etc., Petitioners v. Fred Behul, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-560. Lyle Edwards, et al., Petitioners v. Bechtel Associates Professional Corporation, D. C, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-562. John Dean, 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. 83-564. C. Dula Hawkins, et al., Petitioners v. Jno. McCall Coal Export Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-567. Arthur Garland Hess, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-577. Filippo Lionti, et al., Petitioners v. Lloyd's Insurance

Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, NOVEMBER 28, 1983 207

No. 83-579. John William Elkins, Petitioner v. Board of Law Exam- iners of North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 83-582. John Meredith Jones, III, et ux., Petitioners v. North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-604. John Ivey Sandlin, Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 83-609. Alpha Blair and Richard Blair, Petitioners v. Larry Boulger. Petition for writ of certiorari to the Supreme Court of North Dakota denied. No. 83-615. Sylvester Marx, etc., Petitioners. Centran Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-627. Thomas E. Wiginton, Petitioner v. Veterans Adminis- tration. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 83-642. State Bank of St. Charles, as Administrator of the Es- tate of Christopher A. Ward, Petitioner v. David Camic, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-645. Jerome Wayne Paul, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-646. Raymond Suarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-667. Silas Cross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-680. Tommy M. Motlagh, 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. 83-684. Florence Smith, Petitioner v. William L. Lubbers, Gen- eral Counsel, National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 83-695. Smith International, Inc., Petitioner v. Hughes Tool Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. 208 MONDAY, NOVEMBER 28, 1983

No. 83-711. Clay Nifong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-718. Robert C. Botti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5001. Yusaf Asad Madyun, Petitioner v. Gayle M. Franzen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5005. William A. Catanese, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5019. Marilyn C. Roberts, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied.

No. 83-5022. Ampana Salazar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5023. Mariano Bustamante-Cuadros, Petitioner v. United States; and

No. 83-5212. Jose Joaquin Gravier, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5029. Willie F. Lester, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5032. Ramon Banuelos-Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5061. Joe Buddy Oliver, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-5064. George Ewing, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5080. Guillermo Tenorio-Bohoroquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. MONDAY, NOVEMBER 28, 1983 209

No. 83-5116. John L. Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5151. Willie Lee Bell, Petitioner v. Ronald C. Marshall, Su- perintendent, Southern Ohio Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5178. Jerry Allen Goddard, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 83-5215. James E. Steebe. Petitioner v. United States Railroad Retirement Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5252. James Ray Parker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-5259. Leon Cordell Horton and Artis O'Dell Reed, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5266. William Nardone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5287. Dwayne Harold Shedd, Petitioner v. Gerrald Eugene Higgs. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 83-5291. Clifford D. Noe, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-5302. Trevor Barry Moore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5309. Dean Charles Rickett, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5312. Barry Derrick Madera, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, First Ap- pellate District, denied.

No. 83-5313. William D. Hachler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 210 MONDAY, NOVEMBER 28, 1983

No. 83-5326. James B. Fields, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5330. Gregory Duncan, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-5361. Charles L. Moore, 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. 83-5370. Philip Joseph Myers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5374. Carl Pat Jones and Nettie Jones, Petitioners v. Supe- rior Court, State of California, Orange County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5394. Julio H. Calderon, Petitioner v. Department of the

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

No. 83-5415. Robert Darrell Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5445. John J. Ondrusek, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5451. Juan Jesus Tijerina, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied.

No. 83-5464. Ruby Jean Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5469. Gerald P. Russ, Petitioner v. United States Postal Service and United States Merit Systems Protection Board. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-5473. Alan Kimbrough McFadden, Petitioner v. Eddie Lucas,

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

No. 83-5474. Joseph Richard White, Petitioner v. Colorado, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, NOVEMBER 28, 1983 211

No. 83-5477. Cassie Mae Yelverton, Petitioner v. Blue Bell, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5490. Jesus Lopez Silva, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied.

No. 83-5493. John Allen Haynes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5495. Ida Drain Birchfield, Petitioner v. General Motors Ac- ceptance Corporation, etc. Petition for writ of certiorari to the Court of Appeals of Oklahoma denied.

No. 83-5497. Virginia C. Kish, Petitioner v. Helen Benedek, etc., et al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, Second District, denied.

No. 83-5498. Russell G. Smart, Petitioner v. Thomas C. Raup, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5507. John Paul Wilson, Petitioner v. Richard J. Dunn, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5510. Ernest M. Serio, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5516. John James Turner, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5526. Henry Davis, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5534. Peter Filipas, Petitioner v. Akron General Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5539. Paulo Arruda, Petitioner v. Michael V. Fair, Commis- sioner, Massachusetts Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 212 MONDAY, NOVEMBER 28, 1983

No. 83-5545. Jill Graves, Petitioner v. Dale Stockley, Clerk, etc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5548. John Kendricks, Petitioner v. Mount Sinai Hospital Medical Center of Chicago. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5550. Peter Filipas, Petitioner v. Kenneth Krause, Adminis- trator, Workmen's Compensation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 82-5552. Carol Taylor, Petitioner v. Phyllis Curry, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5559. Arnold Wald, Petitioner v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Council No. 42 Local 357. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5561. William S. Neal, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-5562. Paul B. Owens, Petitioner v. Donald R. Morder, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5564. Howard R. Herships, Petitioner v. Jeanne C.

MacClaren, et al. Petition for writ of certiorari to the Supreme Court of California denied.

No. 83-5568. Nathaniel Davis, Petitioner v. Raymond Clymer, Dep- uty Superintendent, Camp Hill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5569. Gary N. Long, Petitioner v. James S. Kirk, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-5574. Debra Melanie Udell, Petitioner v. State Department of

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

No. 83-5576. Michael Hensley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5577. Clifford Knights, Petitioner v. Dennis Wolff, Warden,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. MONDAY, NOVEMBER 28, 1983 213

No. 83-5582. John A. Brown, Petitioner v. James W. Hopper. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5585. Gary De Witt Odom, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5588. Andrew Polk, Petitioner v. Werner H. Kramarsky, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5600. David Quero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-5618. Norman Forsyth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5619. William Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5637. Robert Louis Rodman, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5639. Robert E. Schafer, Petitioner v. Allen Sharp, United States District Court Judge, Northern District of Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5640. James Earl McCrae, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5645. Jose Barragan-Cepeda, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5648. Anthony Corricelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5652. Robert Conley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5653. Craig Chernack, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 214 MONDAY, NOVEMBER 28, 1983

No. 83-5654. Gary John Crosby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5669. Carol Winpenny, Petitioner v. Frank Montemuro, Jr., Administrative Judge of the Philadelphia Domestic Relations Court. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 83-5673. Edward Thomas Illsley, Petitioner v. United States Pa- role Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5674. Walter McMahon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5681. Harry A. Goodman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 82-6729. Girvies Davis, Petitioner v. Illinois. The motion of petitioner to defer consideration of the petition for a writ of certiorari and for other relief is denied. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall. No. 83-113. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Charles William Proffitt. 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 Elev- enth Circuit denied. No. 83-200. Dan V. McKaskle, Acting Director, Texas Department of Corrections, Petitioner v. Wesley Joe Tarpley. 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 Fifth Circuit denied.

No. 83-514. Elizabeth Jane Hall, Petitioner v. United States, et al. 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 Sixth Circuit denied.

No. 83-539. Arthur Andersen & Co., et al., Petitioners v. James W. Schacht, etc.; and

No. 83-548. Isidore Brown, et al., Petitioners v. James W. Schacht, etc. The motion of Peat, Marwick, Mitchell & Co. for leave to file a brief as amicus curiae in No. 83-539 is granted. Petitions for writs of certio- MONDAY, NOVEMBER 28, 1983 215 rari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-547. Ohio-Sealy Mattress Manufacturing Company, et al., Pe- titioners v. Sealy, Incorporated, et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-583. Conrad Joyner, Petitioner v. Rose Mofford, Secretary of State of Arizona, et al. 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. 83-594. Janet E. Pitts, etc., Petitioner v. GAF Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 83-5509. Charles William Proffitt, Petitioner v. Louie L. Wain- wright, 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 Brennan and Jus- tice Marshall.

No. 83-5530. Thomas N. Schiro, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5533. Thomas Gerald Laney, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5544. John Eldon Smith, Petitioner v. Ralph D. Kemp, Super- intendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

No. 83-5644. Anthony Antone, Petitioner v. Charles Strickland, Su- perintendent, Florida State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall. Habeas Corpus Denied

No. 83-664. In Re Gurn H. Freeman. Petition for writ of habeas corpus is denied. 216 MONDAY, NOVEMBER 28, 1983 Mandamus Denied

No. 83-365. In Re David Pelton Moore, by Michael R. P. Moore and Barbara R. P. Moore, Petitioner; and

No. 83-5542. In Re Robert Lee Gill, Jr., Petitioner. The petitions for writs of mandamus are denied.

Rehearings Denied

No. 82-1390. Ronald N. Ashley, et al. , Petitioners v. City of Jackson, Mississippi, et al.;

No. 82-1633. Hospital Building Company, Petitioner v. Trustees of the Rex Hospital, et al.;

No. 82-1914. Evelyn Falkowski, Petitioner v. Bertram N. Perry, et al.;

No. 82-1947. Erich Koker, et ux., Appellants v. Frederick V. Betts, et ux., et al.;

No. 82-2044. Western Food Equipment Co., Petitioner v. Foss America, Inc.;

No. 82-2106. C. B. Lampkin, Jr., Petitioner v. North American Fi- nance Company;

No. 82-2125. Metropolitan Package Store Association, Inc., et al.,

Appellants v. Edward I. Koch, Mayor of the City of New York, et al.;

No. 82-2142. Janice Ching Yee, Petitioner v. Alfred Alphonse Yee, et al.;

No. 82-6487. Jean H. Gadomski, Petitioner v. United States Steel Corporation;

No. 82-6785. James F. Ronan, Petitioner v. Clement A. Briggs and Priscilla D. Briggs;

No. 82-6822. V.J.S., a Minor, Petitioner v. Illinois;

No. 82-6849. Michael Beryl Reese, Petitioner v. Alabama;

No. 82-6852. Willie James Wilson, Jr. , Petitioner v. Georgia;

No. 82-6872. Billy Gene Bridges, Jr., Petitioner v. Texas;

No. 82-6881. James P. Free Jr., Petitioner v. Illinois;

No. 82-6897. Martha Evelyn Holcomb, Petitioner v. California, et al.;

No. 82-6898. Theo W. Williams, Petitioner v. United States;

No. 82-6943. Geraldine Engel, Petitioner v. New York State Human Rights Appeal Board, et al.; MONDAY, NOVEMBER 28, 1983 217

No. 82-6944. Geraldine Engel, Petitioner v. New York State Human Rights Appeal Board, et al.;

No. 82-6973. Tyronne Lindsey, Petitioner v. Louisiana;

No. 82-6979. Anthony Joe LaRette, Jr., Petitioner v. Missouri;

No. 82-6982. Johnny Narcisse, Petitioner v. Louisiana;

No. 82-6990. Derick Lynn Peterson, Petitioner v. Virginia;

No. 83-34. The Stouffer Corporation, Petitioner v. Prudential Insur- ance Company of America, et al.;

No. 83-99. Thomas L. Varkonyi, etc., Petitioners. Raymond J. Don- ovan, Secretary, U. S. Department of Labor;

No. 83-148. Theressa R. Johnson, Petitioner v. District School Board of Hernando County, Florida;

No. 83-152. George L. Karapinka, Petitioner v. Union Carbide Cor- poration, et al;

No. 83-155. Boyd Veenkant, Petitioner v. Robert W. Gurn, et al.;

No. 83-156. Boyd Veenkant, Petitioner v. Maurice N. Blake, et al. and Boyd Veenkant, Petitioner v. George R. Corsiglia, et al.; and

No. 83-157. Boyd Veenkant, Petitioner v. Robert Wesler, et al.;

No. 83-167. Paula E. Pfister, Petitioner v. American Airlines, Inc., et al.;

No. 83-178. Western Company of North America, Petitioner v. United States;

No. 83-187. Konstantine Tsanos and Litsa Tsanos, Petitioners v. Di- vision of Administration, Florida Department of Transportation;

No. 83-192. Michael Jean Bouclin, Petitioner v. United States;

No. 83-267. Janice Brownfield, Petitioner v. City of Laguna Beach, et al.;

No. 83-5038. John C. Bruce, Petitioner v. Upper East Tennessee Human Development Agency, Inc., et al.;

No. 83-5046. Lawrence Henry Gaston, Petitioner v. United States;

No. 83-5051. Douglas Williams, Jr., Petitioner v. North Carolina;

No. 83-5085. Barbara Piatkowska, Petitioner v. Vons Foodmarkets;

No. 83-5095. John Wayne Conner, Petitioner v. Georgia;

No. 83-5147. Richard Graham, Petitioner v. New York;

No. 83-5207. E. Francis Mulligan, Petitioner v. Arizona;

No. 83-5248. Douglas S. Wheeling, Petitioner v. Commissioner of In- ternal Revenue Service; 218 MONDAY, NOVEMBER 28, 1983

No. 83-5279. Joseph J. Atwell, et al., Petitioners v. Metropolitan At- lanta Rapid Transit Authority, et al.;

No. 83-5299. Herman Flores and Irma Flores, Petitioners v. William F. Aranguren;

No. 83-5355. Leslie Minye, Petitioner v. University of Michigan, et al.; and

No. 83-5366. Antonio James, Petitioner v. Louisiana. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Richard Goodman Mobile, AL Daniel Connors Alexander Alexander Jr. James Patrick Barone Moorhead, MN Hubert H. Humphrey III Robert J. Becker Omaha, NB James T. Gleason Robert Allin Behlen Jr. Cincinnati, OH James C. Cissell Maurice Solomon Bell Montgomery, AL Robert Mclntyre Beno Ronald Philip Berman New York, NY Harvey Gladstein Steven Leon Bernard Brighton, CO James F. Smith Robert Wayne Best Owensboro, KY Robert Williamson Perdue Gerald Blank San Diego, CA Alexander Louis Landon David Jeremy Bodney Phoenix, AZ Paul Franklin Eckstein Matthew B. Bogin Washington, DC J. Richard Cohen G. Gordon Bonnyman Jr. Nashville, TN Walter Cotton Kurtz Henry James Boynton Lansing, MI Louis J. Caruso Mark Jeffery Brice Washington, DC Roger Coleman Johnson Saunders M. Bridges Jr. Florence, SC John Light Napier Eavelyn Terry Brooks New Orleans, LA KendaU L. Vick Mark Patrick Bryan Tampa, FL Herbert Jay Stevens III .

MONDAY, NOVEMBER 28, 1983 219

Applicant City and State Movant

Donald J. Buresh Omaha, NB James T. Gleason Patrick Carroll Cleveland, OH Judge John V. Corrigan Charles Lee Cavness Jr. Denver, CO Charles L. Cavness Mitchell Ceasar Fort Lauderdale, Lawton M. Chiles r L Jr. Peter A. Chang Jr. banta Cruz, OA Robert B. Yonts Jr.

Nancy J. Cliff Miami, r L Hi agar Miller Thomas D. Cochran Spokane, WA E. Glenn Harmon Sean 0. Coffey Providence, RI r ranK Licnt Ronald L. Coleman oieveiana, tin James Albert

01111111 Robert L. Cowles Jacksonville, r L James R. Barfield Lawrence E. Creeden oanta Ana, la Melvin D. Thomas

John J. Crow Jr. water vaiiey, Mo rvooert Li. Williams Louis Stanley Czech bt. Louis, MU Konaicl J Brockmeyer Pi Rinaldo Michael D'Argenio vjien nocK, inj Waltovwaiter Mivi. jj. ivem jr. Lamar Whitworth Davis Jr. bavannan, GA jonn m. latum Perry Paul DeMarco rPViilorlcklrkl-ncinuaaeipnia, rPAa a. v^naries r eruto William Lent Dorr Kochester, NY Edward Hanton r ox Thomas Richard Dwyer Washington, u\j Nancy S. Abramowitz

T~\, , „ „ 1 1 „ „ XT T Frederick Phillip Elflein Dunellen, JNJ Janice Montana Eugene A. Fallon Jr. Florence, SC William Patrick Hatneld

T"» 1 _ i William Douglas Field Jr. Owensboro, KY Robert Williamson Perdue Fred Pfohl Flynt III Winston-Salem, Ferd Leary Davis NC Jr. Byron Edward Francis St. Louis, MO Bruce Emery Woodruff 220 MONDAY, NOVEMBER 28, 1983

Applicant City and State Movant

Steven P. Frantz Washington, DC Harold F. Reis Jean Rouault Galloway Fairfax, VA Jean Marie Galloway Clave E. Gill III New Orleans, LA Mark Gilbert Murov Charles Thomas Gleason Indianapolis, IN Richard M. Givan

James A. Goldstein Atlanta, GA Neil I. Levy Carey Nathaniel Gordon Cleveland, OH Richard Warren Schwartz Clifford Gorman Houston, TX Nick C. Nichols Milton S. Gould New York, NY Jesse Climenko Diane Elaine Greanias Chicago, IL Kim Richard Denkewalter Bob McDaniel Green Johnson City, TN James T. Bowman Shelley Stasson Gressen Washington, DC Steve C. Nicholas Charles Donald Hackney Lansing, MI Louis J. Caruso Thomas G. Hahn Santa Ana, CA Jeffrey S. Pop Carol Abbott Harris San Francisco, CA John MacDonald Smith Orrin Lea Harrison III Dallas, TX Stanley E. Neely Richard J. Hautzinger Lincoln, NB Michael D. Gooch Joel M. Hellman Chicago, IL Aram A. Hartunian Alan Scot Helmore Detroit, MI Robert Emmett Sullivan Beverly Kathleen Owensboro, KY Robert Hutcheson Williamson Perdue F. Lloyd Ingraham Ronan, MT Tom D. Tobin Arron F. Jepson Provo, UT Virginius Dabney Linda Langsdorf Johnson Vancouver, WA Arthur D. Curtis Rosann Kay Johnson Phoenix, AZ Mason Jeremy Toles Marian M. Johnston San Francisco, CA Patricia A. Cutler Charles Robert Keenan III Pittsburgh, PA Loyal Herman Gregg Robert Edward Kerper Jr. Akron, OH David George Clark MONDAY, NOVEMBER 28, 1983 221

Applicant City and State Movant

Edwin L. Klett Pittsburgh, PA Cloyd Rowe Mellott Thomas R. Kline Philadelphia, PA James Edwin Beasley Jonathan Scott Landau Palm Desert, CA J. John Anderholt Alfred Smith Landry New Iberia, LA James E. Diaz Gary Harold Lee Minot, ND Hugh McCutcheon Ronald Daniel Lefton New York, NY Bruce A. Hecker Peter S. Lerner Great Neck, NY Michael E. Geltner Mel Levine New York, NY Warren William Koffler

Susan I. Littman Allendale, NJ Grant S. Lewis Gerald Arthur Lopez Las Vegas, NV Edward Hirsch Weinberg James D. Lynch Waukegan, IL Joseph William Griffin Michael B. Mann Riverside, IL John Lawrence Zavislak Franklin James Manuel Jr. Orlando, FL David Lloyd Zook James A. McCarron Chicago, IL Terrence Eugene Leonard Kean K. McDonald Philadelphia, PA James M. Marsh Gerald Thomas McFadden San Diego, CA John Joseph Geary Virgil D. Medlin Oklahoma City, James Garland OK Caster Scott M. Mendel Chicago, IL Victor E. Grimm Steven Hamilton Messick Burlington, NC Ferd Leary Davis Jr. J. R. Molina Fort Worth, TX Travis W. Young Dennis J. Morikawa Philadelphis, PA Harry Anthony Rissetto Sara Steinbock Moss New York, NY Robert B. Fiske Jr. Ray Donavon Munford Jr. Raleigh, NC Edmund Burke Haywood Timothy J. Muris Washington, DC Solicitor General Rex E. Lee 222 MONDAY, NOVEMBER 28, 1983

Applicant City and State Movant

John Riley Myers Chicago, IL Victor E. Grimm James A. Nelson Jr. Greenville, NC Ferd Leary Davis Jr. William R. Nicholas Los Angeles, CA Hugh Steven Wilson Kevin Thomas O'Hanlon Austin, TX Terry L. Belt Eric Wayne Olsen Salem, OR Robert James Gunn Pedro E. Ortiz-Alvarez San German, PR Raul E. Gonzalez DiazT"\*

Griffin Patrick Jr. Atlanta, GA Neil I. Levy Russell A. Pepe Hackensack, NJ Leonard Peter Rosa Stefan Presser Houston, TX J. Patrick WisemanTT7* Lesley Jane Quinlan Pelham Manor, Peter Anthony NY Greene J. Christopher Redding Washington, DC Brent N. Rushforth Gary Bart Reiner New York, NY Harold F. Goldwasser Jose A. Rey-Diaz San Juan, PR Lino J. Saldana Helen Sfikas Rogers Nashville, TN Douglas Edward Jones Thomas E. Salisbury Sand Springs, OK Ronald Holland Mook J. Stephen Salter Birmingham, AL David Cromwell Johnson Paul Marc Sandlin Huntsville, AL John Mark McDaniel Thomas Richard Santurri Pensacola, FL Charles Sylvanus Rhyne John Richard Schell San Diego, CA Leroy A. Wright II Michael John Schmedlen Lansing, MI Theodore W. Swift Howard Dennis Schwartz Pittsburgh, PA Cloyd Rowe Mellott MONDAY, NOVEMBER 28, 1983 223

Applicant City and State Movant

Melvin A. Schwarz New York, NY Robert A. Cohen Kenneth J. Servay New Orleans, LA Harvey Gardere Gleason Daniel C. Shaughnessy Jacksonville, FL John J. Schickel Philip H. Shore South River, NJ Daniel Lewis Golden Frank A. Silvestri New Orleans, LA John Paul Massicot Jonathon H. Smith Austin, TX Pamela Marjorie Giblin John Owen Stover Jr. Allentown, PA William Joseph Morrissey Anthony Robert Strauss Ventura, CA James L. McBride William D. Symmes Spokane, WA E. Glenn Harmon Brian Lawrence Troiano Washington, DC Thomas Munroe Auchincloss Jr. Mitchell Albert Tyner Takoma Park, MD Robert Warren Nixon Gregory Jay Utken Indianapolis, IN William E. Roberts Ruth Elaine VanDemark Chicago, IL Thomas D. Allen James F. Vernon Los Angeles, CA George Richard Doty Michael Rex Waller Houston, TX Robert Williamson Perdue Dale Warner San Francisco, CA Robert S. Bixby Stehen A. Weinstein Orlando, FL David E. Fox Curtis Guy Wyrick Vancouver, WA Roger Alan Bennett Roberta Marie Yang Houston, TX Daniel Kuldell Hedges Palma Ruth Yanni Washington, DC Dennis Dale Clark Richard A. Zellner Cleveland, OH Neil Kenneth Evans Elizabeth L. Zerby St. Paul, MN Dolores C. Orey 224 MONDAY, NOVEMBER 28, 1983 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Douglas John Antonio St. Louis, MO Henry Curtis Lind Alexander Marc Siegel Fort Lauderdale, Brian J. H. FL Lederer David Devlin Clement Fairfax, VA Howard W. Pollock David L. Kay Parsippany, NJ John James OToole Bruce E. Goldman Denville, NJ Edwin Fradkin George Arthur Weiner Fairfax, VA George D. Varoutsos Edward Laurence Weiner Fairfax, VA George D. Varoutsos Kenneth Roger Weiner Fairfax, VA George D. Varoutsos

Oral Argument

No. 82-958. McDonough Power Equipment, Inc., Petitioner v. Billy G. Greenwood, et al. Argued by Mr. Donald Patterson for the petitioner and by Mr. Gene E. Schroer for the respondents. No. 81-2110. United Building and Construction Trades Council of Camden County and Vicinity, Appellant v. Mayor and Council of the City of Camden, et al. Argued by Mr. Steven K. Kudatzky for the appellant and by Mr. N. Thomas Foster for the appellees.

No. 81-2149. Herman Solem, Warden, Petitioner v. Norman Stumes. Argued by Mr. Mark V. Meierhenry for the petitioner and by Mr. Timothy J. McGreevy for the respondent.

No. 82-1453. Ernest Badaracco, Sr., et al., Petitioners v. Commis- sioner of Internal Revenue; and

No. 82-1509. Deleet Merchandising Corp., Petitioner v. United

States. Argued by Mr. Barry I. Fredericks for the petitioners in both cases and by Mr. Albert G. Lauber, Jr. for the respondents in both cases.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, NOVEMBER 29, 1983 225 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinion

No. 82-799. Bureau of Alcohol, Tobacco and Firearms, Petitioner v. Federal Labor Relations Authority, 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 Brennan.

Oral Argument

No. 82-792. Grove City College, Individually and on behalf of its students, et al., Petitioners v. Terrel H. Bell, Secretary of Education, et al. Argued by Mr. David M. Lascell for the petitioners and by Mr. Paul M. Bator for the respondents.

No. 82-862. Consolidated Rail Corporation, Petitioner v. Lee Ann LeStrange Darrone, as Administratrix of Estate of Thomas LeStrange. Argued by Mr. Harry A. Rissetto for the petitioner, by Mr. Joseph P. Lenahan for the respondent, and by Mr. William Bradford Reynolds for the United States, as amicus curiae, by special leave of Court. No. 82-629. Three Affiliated Tribes of the Fort Berthold Reserva- tion, Petitioners v. Wold Engineering, P.C., et al. Argued by Mr. Ray- mond Cross for the petitioners, by Mr. Louis F. Claiborne for the United States, as amicus curiae, by special leave of Court, and by Mr. Hugh McCutcheon for the respondents.

No. 82-1684. Raymond J. Donovan, Secretary of Labor, et al., Ap- pellants v. Lone Steer, Inc. Argued by Mr. Alan I. Horowitz for the appellants and by Mr. Richard G. Peterson for the appellee.

Adjourned until tomorrow at 10 o'clock. x Opinion Per Curiam

No. A-409. Robert Austin Sullivan, Applicant v. Louis L. Wain- wright, Secretary, Florida Department of Corrections, et al. On appli- 226 TUESDAY, NOVEMBER 29, 1983 cation for stay. The application for stay of execution of sentence of death presented to Justice Powell and by him referred to the Court is denied. Opinion per curiam. Concurring opinion by the Chief Justice. Justice White and Justice Stevens concur in the denial of a stay. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins. (JOURNAL) WEDNESDAY, NOVEMBER 30, 1983 227 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motion

Applicant City and State Movant

Larry L. Crain Nashville, TN John W. Whitehead Daniel Leonard Shea Rockville, MD Leonard W. Shea

Oral Argument

No. 82-1186. Trans World Airlines, Inc., Petitioner v. Franklin Mint

Corporation, et al.; and

No. 82-1465. Franklin Mint Corporation, et al. , Petitioners v. Trans World Airlines, Inc. Argued by Mr. John N. Romans for Trans World

Airlines, Inc., by Mr. Joshua I. Schwartz for the United States as amicus curiae, by special leave of Court, and by Mr. John R. Foster for

Franklin Mint Corporation, et al. No. 82-874. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner v. Mildred M. Edwards, etc. Argued by Mr. John H. Garvey for the petitioner and by Mr. Neal S. Dudovitz for the respondent. No. 82-374. Robert Flanagan, James Keweshan, Joseph Landis and Thomas McNamee, Petitioners v. United States. Argued by Mr. Ed- ward H. Rubenstone for the petitioners and by Mr. Andrew L. Frey for the respondent.

No. 82-1047. United States, Petitioner v. One Assortment of 89 Fire- arms. Argued by Mr. Richard G. Wilkins for the petitioner and by Mr. Herbert W. Louthian for the respondent.

Adjourned until Monday, December 5, 1983, at 10 o'clock. x

(JOURNAL) MONDAY, DECEMBER 5, 1983 229 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-280. Utility Trailer Sales Company, Appellant v. Machinists Automotive Trades District Lodge No. 190 of Northern California and Jerry Bowers. Appeal from the Court of Appeal of California, First Ap- pellate District. The appeal is dismissed for want of a substantial federal question. No. 83-334. Board of School Commissioners of Mobile County, Ala- bama, et al., Appellants v. Leila G. Brown, et al. Appeal from the United States Court of Appeals for the Eleventh Circuit. The judgment is affirmed.

Orders in Pending Cases

No. A-394. In Re David Edward Dawson. The application for a certificate of probable cause to appeal, presented to Justice Powell and by him referred to the Court, is denied. No. A-408. Chase Manhattan Bank (National Association), Applicant v. Leonard B. Sand, United States District Judge for the Southern Dis- trict of New York. The application for stay of an order of the United States District Court for the Southern District of New York, presented to Justice Marshall and by him referred to the Court, is denied.

No. 82-792. Grove City College, Individually and on behalf of its stu-

dents, et al., Petitioners v. Terrel H. Bell, Secretary of Education, et al. The motion of the Solicitor General for leave to file a supplemental brief after argument is granted. No. 82-1330. Morris Thigpen, Commissioner, Mississippi Depart-

ment of Corrections, et al., Petitioners v. Barry Joe Roberts. It appearing that respondent is not represented by a member of the Bar of this Court, it is ordered that Rhesa H. Barksdale, Esquire, of Jackson, Mis- sissippi, is invited to present oral argument as amicus curiae in support of the judgment below. Oral argument in this case, presently scheduled 230 MONDAY, DECEMBER 5, 1983

for January 18, 1984, is postponed and the case of New York v. Uplinger, No. 82-1724, is set for oral argument in its stead.

No. 82-1577. Michigan Canners and Freezers Association, Inc., et

al., Appellants v. Agricultural Marketing and Bargaining Board, 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. 83-240. Lawrence County, et al., Appellants v. Lead-Deadwood School District No. 40-1. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 83-592. Lori L. Ostrosky, Julianne Ostrosky and Harold C.

Ostrosky, Appellants v. Alaska. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-610. Babbitt Ford, Inc., Petitioner v. Navajo Indian Tribe,

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

No. 83-640. Texas, Appellant v. KVUE-TV, Inc., et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 83-455. Larry R. Meachum, Director, Oklahoma Department of Corrections, et al., Petitioners v. Bobby Battle, et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied.

Appeal-Jurisdiction Noted

No. 83-276. Selective Service System, et al., Appellants v. Minne-

sota Public Interest Research Group, et al.; and Selective Service Sys-

tem, et al., Appellants v. Bradley Boe, et al. Appeal from the United States District Court for the District of Minnesota. In this case probable jurisdiction is noted.

Certiorari Granted

No. 83-630. Efrem Bernal, Petitioner v. John W. Fainter, Jr., Secre-

tary of State of Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 83-218. Amos Reed, etc. and the Attorney General of North Car- olina, Petitioners v. Daniel Ross. 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 Fourth Circuit granted. No. 83-620. United States, Petitioner v. Larry Wayne Rodgers. The motion of respondent for leave to proceed in forma pauperis is granted. MONDAY, DECEMBER 5, 1983 231

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 83-558. Irving Independent School District, et al., Petitioners v. Henri Tatro, et ux., Individually and as next friend of Amber Tatro, a Minor. The motion of National School Boards 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 Fifth Circuit granted.

Certiorari Denied

No. 82-979. Federal Labor Relations Authority, Petitioner v. United States Department of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 82-1021. Federal Labor Relations Authority, Petitioner v. Divi- sion of Military and Naval Affairs of the State of New York, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 82-1970. Federal Labor Relations Authority, Petitioner v. Flor- ida National Guard and Department of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 82-7030. James Newman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-4. James Blair Porter, Jr. , Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-124. Nunziato Fusaro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-256. Harrison A. Williams, Jr., Petitioner v. United States; and

No. 83-5108. Alexander Feinberg, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-286. Gwen L. Killough, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 83-293. Patrick Conway, Robert Castro and Roy Castro, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 232 MONDAY, DECEMBER 5, 1983

No. 83-378. Big Spring Independent School District, et al., Petition- ers v. James Griffin. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-379. Estate of Cordial Gryder, Deceased, Pansy Gryder, Executrix, and Pansy Gryder, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-399. Paul Loveday , et al. , Petitioners v. Federal Communica- tions Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-400. J.H. Rutter Rex Manufacturing Co., Inc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-415. George E. Hiller, Petitioner v. Alaska. Petition for writ of certiorari to the Superior Court of Alaska, Third Judicial District, denied.

No. 83-427. James H. Hall, Jr., Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 83-495. Gary Ray Carroll, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-523. Cuyahoga Valley Homeowners and Residents Associa- tion and David Hazelwood, Petitioners v. Secretary of Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-563. Henry S. Branscome, Inc. and Henry S. Branscome, Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-587. Prudential Insurance Company of America, Petitioner v.

Clarence E. Bennett, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-590. Donald Baxter, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

No. 83-591. Donald E. Dalton, et al., Petitioners v. R.W.T., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-597. Dallas County Commissioners Court, et al., Petitioners v. Marsha Richardson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, DECEMBER 5, 1983 233

No. 83-603. Christopher T. Kirks, Petitioner v. Pamela S. Kirks. Pe- tition for writ of certiorari to the Superior Court of North Carolina, Wake County, denied.

No. 83-611. Michael Schaefer, Petitioner v. Joan Stone, etc. Petition for writ of certiorari to the Appellate Department, Superior Court of California, County of San Diego, denied.

No. 83-612. Shelton Noel Haynes, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 83-635. Boyd Veenkant, Petitioner v. Jannett L. Cook, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-639. Ray V. Belnap, Petitioner v. Andrew Chang, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-652. Paul W. Peterson, Petitioner v. Chicago & Eastern Illi- nois Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-653. Leatherby Insurance Company, etc. , Petitioner v. Merit Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-682. Herbert Harris, Petitioner v. City of Norfolk, Virginia, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-709. Venola Walton, Petitioner v. Small Business Administra- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 83-742. David Gene Bradshaw, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-744. Leo Fuentes, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 83-764. Jorge Cruz Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5021. Tommy Lee Davis, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. 234 MONDAY, DECEMBER 5, 1983

No. 83-5308. Daniel Albert Salkil, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Southern Dis- trict, denied.

No. 83-5311. Donald Noggle, Petitioner v. Ronald Marshall, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5336. Estanislao Correa-de Jesus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-5351. Christiana A. Quinn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5368. Kirk L. Odom, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5371. Larry Stanley, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 83-5376. Alan I. Marshall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5411. Eula Banks, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-5413. David Earl Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5453. Robert L. Cardillo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5502. Miguel Feliciano, Petitioner v. Michael P. Lane, Direc- tor, Illinois Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5513. Lamarr Stinson, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 83-5571. Bernard Tolk, Petitioner v. Milton Weinsten and Jef- frey Weinsten. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, DECEMBER 5, 1983 235

No. 83-5572. Clark J. McMillan, Petitioner v. R. S. Hester, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5578. Jasper Harris, Jr., Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-5583. Robert David Ashworth, Petitioner v. Los Angeles County, California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5591. Noah Mitchell, Petitioner v. Robert Nocera, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5593. Elbert Johnson, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5594. Wilfred Johnson, Jr., Petitioner v. Sonia Henry. Peti- tion for writ of certiorari to the Appellate Session of the Superior Court of Connecticut denied.

No. 83-5597. Anna Masterson Spradlin, et al., Petitioners v. Ne- braska. Petition for writ of certiorari to the Supreme Court of Ne- braska denied.

No. 83-5599. Jose de Jesus Medina-Reyes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5605. George Cutts, III, Petitioner v. Donald Wyrick, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5607. Z. L. King, Petitioner v. Stephen L. McEvers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5617. Robert Smith-Bey, Petitioner v. Albert F. Sabo, Judge,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-5624. Geza Morvay, Petitioner v. Maghielse Tool and Die Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5642. Donald Marks, Petitioner v. United States Postal Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 236 MONDAY, DECEMBER 5, 1983

No. 83-5647. William W. Greathouse, Petitioner v. Ronald C. Mar- shall, Superintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5658. Jesse Lee Hampton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5661. Terry Lee Rhodes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5666. George Srubar, et ux., Petitioners v. Department of the Treasury, Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5685. Jessica A. LeMaire, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5688. A. G. McDaniel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5708. Gustavo S. Rojas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5709. Marilyn Jo Pruitt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5710. Henry Towns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-438. Wilburn A. Henderson, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-572. Floyd C. Baldwin, et al., Petitioners v. City of Winston- Salem, N. C, et al. The motion of North Carolina Farm Bureau Fed- eration, 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 Fourth Circuit denied.

No. 83-586. Shell Petroleum N.V., Petitioner v. Michael Franchetti,

et al. The motion of Belgium, et al. for leave to file a brief as amici curiae is granted. The motion of Unitary Tax Campaign Limited for leave MONDAY, DECEMBER 5, 1983 237

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. Jus- tice Powell took no part in the consideration or decision of these motions and this petition.

No. 83-617. Richard Wachsman, et al., Petitioners v. City of Dallas,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. Justice Brennan would grant certiorari.

No. 83-629. Hasbro Industries, Inc., et al., Petitioners v. A/S Ga-

ronne-Glittre, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 83-5260. William Washington, Petitioner v. New York City Board of Estimate. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall would grant certiorari.

No. 83-5273. Rodney F. Delegal, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White took no part in the consideration

• or decision of this petition.

Habeas Corpus Denied

No. 83-5634. In Re Quintin I. Brown, Petitioner. The petition for writ of habeas corpus is denied.

Mandamus Denied

No. 83-576. In Re American Broadcasting Companies, Inc., Petitioner;

No. 83-5589. In Re Jack A. Griffith; and No. 83-5590. In Re Dennis Canion. The petitions for writs of mandamus are denied.

Rehearings Denied

No. — . P Stone, Inc., Petitioners. Koppers Co., Inc. and Lycoming Silica Sand Company;

No. 82-1718. Randall Book Corporation, Petitioner v. Maryland;

No. 82-6865. Askari Abdullah Muhammad, Petitioner v. Florida;

No. 83-302. Saranelle Avedisian, Appellant v. Albert E. May, et al.; and 238 MONDAY, DECEMBER 5, 1983

No. 83-311. Abraham Strassner, Petitioner v. Selma Rothstein Strassner. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, December 12, 1983, until Monday, January 9, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Norman R. Allenby San Diego, CA Oscar F. Irwin Daniel F. Attridge Washington, DC Patrick Joseph Attridge Jr. Ralph Vaughn Baldwin Jr. Beaufort, SC W. Thomas Vernon Mark Howard Barinholtz Chicago, IL Thomas P. Cernek Jewel Humphrey Bjork New York, NY Richard Eugene Hahn Gerald A. Caplan Boulder, CO Joseph Napoleon de Raismes III Stephen J. Coleman Washington, DC Alvin Jacob Kraft James E. Colleran Philadelphia, PA James Edwin Beasley Donald Richard Colpitts Shalimar, FL James L. Schmidt Paul J. Constantino Burlingame, CA PaulN. McCloskey Jr. Mark Eugene Dall Indianapolis, IN Thomas J. Campbell Fred C. Dance Nashville, TN James L. Roberts William Patrick Donohue St. Paul, MN Stephen Sampson Dunham Mary Susan Ellmaker Overland Park, Earle David Jones KS Suzanne Eleanor Engelberg San Francisco, CA Janice Ellen Kerr Richard John Fadgen Minneapolis, MN James Kucera Ralael E. Fernandez Tampa, FL Lawrence Litrico Scott

Arvin R. Foland Noblesville, IN Gregory L. Caldwell MONDAY, DECEMBER 5, 1983 239

f!if-v and Statp Movant

Raymond Morgan Forster Washington, DC John Cushman Truesdale Thomas R. Frutig Cleveland, OH Paul W. Walter Louis James Galgano III New Rochelle, Milton M. Kreppel NY Alexander Halpern Boulder, CO Joseph Napoleon de Raismes III Christopher John Hennes Westminster, CA Russell Stephan Kerr Robyn Juanita Hermann Coral Gables, FL Charlene Hermann Sorrentino Jean Hall Hinckley Baltimore, MD Alfred George Lowe Cairo Hinderstein Houston, TX Arthur John Brender Jr. Randy S. Hisey Sioux City, IA Phillip Steve Dandos Carolyn Joyce House Tampa, FL Peggy Ann Quince Steven Wisner Huss Tallahassee, FL Donna Holshouser Stinson Larry H. James Columbus, OH Wilbur Wilson Jones Robert Gillespie James Ruston, LA Robert E. Shadom Daniel Snipes Johnson Graham, NC Paul H. Ridge Michael Lee McAdams Hilton Head J. Strom Jordan Island, SC Thurmond Neil David Karbank New York, NY Jeffrey Ives Glekel Hadrian Ronald Katz Washington, DC Jerome Ian Chapman George Vernon Laughrun Charlotte, SC Harold Johnson II Bender Mitchell Anthony Lee Oklahoma City, Gene Stipe OK Paul Manuel Loya Pleasanton, CA Richard J. Moore Jerome Anthony Madden Washington, DC Joseph Armand Artabane 240 MONDAY, DECEMBER 5, 1983

Applicant City and State Movant

Chris Maglaras Jr. Las Vegas, NV Joseph L. Ward Charles E. McKee Glenside, PA Robert J. Donohue John Sidney McLellan Kingsport, TN Neal P. Rutledge Lawrence Arthur Milly New Orleans, LA Thomas M.Gereighty James C. Murphy Kensington, MD Don Alan Zimmerman Matthew Brundred Murray Charlottesville, Joseph Walker VA Richmond Charles W. Nixon Chicago, IL Vernon Morel Rhinehart Jose A. Oliveras Gonzalez San Juan, PR Francisco M. Dolz-Sanchez Joseph A. Petrosino New York, NY Elizabeth Holtzman Mark Pliskow New York, NY Elizabeth Holtzman Howard Kelly Priess II Wheaton, IL John C. Bartler William Turman Reece Jr. San Antonio, TX Charles D. Butts Sr. Billow W. Robinson New York, NY Elizabeth Holtzman Robert Michael Rogers Springfield, IL Thomas P. Schanzle- Haskins III Abby Rose Rubenfeld Nashville, TN Nan D. Hunter Earl T. Sato Honolulu, HI George Richard Morry Susan Tamura Sato Honolulu, HI George Richard Morry Elizabeth Lottman Rochester, NY Rene H. Reixach Schneider Jr. Louis Simons Charlottesville, Raymond Lee VA Clarke David Michael Sine Long Beach, CA Michael Howard Goodman Brian Maynard Tollefson Tacoma, WA James A. Krueger MONDAY, DECEMBER 5, 1983 241

Applicant City and State Movant

G. Perrin Walker Tacoma, WA James A. Krueger David John White Miami, FL Morris C. Proenza Lois Jeanne Wise San Francisco, CA Michael Klynn Eric C. Young East St. Louis, IL Howard Boman

Admission to the Bar on Oral Motion

Applicant City and State Movant

Joe Dixon Edge Washington, DC John Palmer Bankson Jr.

Oral Argument

No. 82-1371. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner v. Leon S. Day, et al. Argued by Mr. J. Paul McGrath for the petitioner and by Mr. Richard H. Munzing for the respondents. No. 82-1050. Margaret M. Heckler, Secretary of Health and Human Services, Appellant v. Robert H. Mathews, et al. Argued by Mr. Mark

I. Levy for the appellant and by Mr. John R. Benn for the appellees.

No. 82-914. Monsanto Company, Petitioner v. Spray-Rite Service Corporation. Argued by Mr. Fred H. Bartlit, Jr. for the petitioner, by Mr. William F. Baxter for the United States as amicus curiae, by special leave of Court, and by Mr. Edward L. Foote for the respondent.

No. 82-1260. Copperweld Corporation, et al., Petitioners v. Inde- pendence Tube Corporation. Argued by Mr. Erwin N. Griswold for the petitioners, by Mr. Lawrence G. Wallace for the United States as amicus curiae, by special leave of Court, and by Mr. Victor E. Grimm for the respondent.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY, DECEMBER 6, 1983 243 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Michael Donald Patrick New York, NY Solicitor General Rex E. Lee

Robert P. Milich Youngstown, OH Robert Taft Jr. Robert Baker Los Angeles, CA Catherine E. Bocskor

Oral Argument

No. 82-206. Firefighters Local Union No. 1784, Petitioner v. Carl W. Stotts, et al.; and

No. 82-229. Memphis Fire Department, et al., Petitioners v. Carl W. Stotts, etc., et al. Argued by Mr. Allen S. Blair for the petitioners, by Mr. Solicitor General Rex E. Lee for the United States as amicus curiae, by special leave of Court, and by Mr. Richard B. Fields for the respondents.

No. 82-1479. Justices of Boston Municipal Court, Petitioners v. Mi- chael Lydon. Argued by Miss Barbara A. H. Smith for the petitioners and by Mr. David Rossman for the respondent.

No. 82-973. Immigration and Naturalization Service, Petitioner v. Predrag Stevic. Argued by Mr. Kenneth S. Geller for the petitioner and by Ms. Ann L. Ritter for the respondent. No. 82-945. Sure-Tan, Inc. and Surak Leather Company, Petitioners v. National Labor Relations Board. Argued by Mr. Michael R. Flaherty for the petitioners and by Mr. Edwin S. Kneedler for the respondent.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY, DECEMBER 7, 1983 245 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

John David Seiver Washington, DC Alan Raywid

Oral Argument

No. 82-786. United States, Petitioner v. John Doe. Argued by Mr. Samuel A. Alito for the petitioner and by Mr. Richard T. Philips for the respondent.

No. 82-1167. United States, Petitioner v. Bradley Thomas Jacobsen and Donna Marie Jacobsen. Argued by Mr. David A. Strauss for the petitioner and by Mr. Mark W. Peterson for the respondents.

No. 82-1630. Ted S. Hudson, Petitioner v. Russell Thomas Palmer, Jr.; and

No. 82-6695. Russell Thomas Palmer, Jr., Petitioner v. Ted S. Hud- son. Argued by Mr. William G. Broaddus for Ted S. Hudson and by Ms. Deborah C. Wyatt for Russell Thomas Palmer, Jr.

No. 82-1253. Herman S. Solem, Warden, and Mark V. Meierhenry, Attorney General of South Dakota, Petitioners v. John Bartlett. Ar- gued by Mr. Mark V. Meierhenry for the petitioners, by Mr. Tom D. Tobin for Dewey County, South Dakota, et al., as amici curiae, by special leave of Court, and by Ms. Arlinda Locklear for the respondent.

Adjourned until Monday, December 12, 1983 at 10 o'clock. x

(JOURNAL) MONDAY, DECEMBER 12, 1983 247 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. 82-2083. Ruth Rushen, Director, California Department of Cor- rections, et al., Petitioners v. Johnny Spain. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The motion of the 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 Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Opinion by Justice Stevens concurring in the judgment. Dis- senting statement by Justice Brennan. Dissenting opinion by Justice Marshall. Dissenting opinion by Justice Blackmun.

Appeals—Summary Disposition

No. 82-1848. Chicago Bridge & Iron Company, Appellant v. Wash- ington Department of Revenue. Appeal from the Supreme Court of Washington. The appeal is dismissed for want of a substantial federal question.

No. 83-655. Woodrow W. Crowder, Appellant v. Texas. Appeal from the Court of Criminal Appeals of Texas. The appeal is dismissed for want of a substantial federal question.

No. 83-662. Louis F. Gaines, Appellant v. Merchants National Bank & Trust Company. Appeal from the United States Court of Appeals for the Seventh Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-737. California, et al., Appellants v. United States, et al.; and No. 83-738. New York State Department of Public Service, Appel- lant v. United States, et al. Appeals from the United States District Court for the District of Columbia. The judgment is affirmed. 248 MONDAY, DECEMBER 12, 1983

No. 83-5620. Thomas G. Dean, Appellant v. United States. Appeal from the United States District Court for the Northern District of Georgia. The appeal is dismissed for want of jurisdiction.

Certiorari—Summary Disposition

No. 82-1711. Colorado, Petitioner v. Fidel Quintero. On writ of certiorari to the Supreme Court of Colorado. The motion of petitioner to proceed with oral argument and decision is denied. The writ of certiorari is dismissed it appearing that respondent died on November 27, 1983.

Orders in Pending Cases

No. D-389. In the Matter of Disbarment of Ray Jeffrey Cohen. It is ordered that Ray Jeffrey Cohen, of Chicago, Illinois, 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-390. In the Matter of Disbarment of Edward A. Nagel. It is .ordered that Edward A. Nagel, of Maitland, 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. 82-1295. Escambia County, Florida, et al., Appellants v. Henry T. McMillan, et al. Further consideration of the notice of substitution of party appellants and motion of certain appellants to dismiss the appeal is deferred to hearing of the case on the merits on January 10, 1984.

No. 82-1474. Charles R. Hoover, et al., Petitioners v. Edward Ronwin. The motion of respondent for reconsideration of order granting divided argument is denied. Justice O'Connor took no part in the consideration or decision of this motion.

No. 82-1565. Bacchus Imports, Ltd., et al., Appellants v. George

Freitas, Director of Taxation of the State of Hawaii, et al. The motion of appellee George Freitas, Director of Taxation of the State of Hawaii, to dismiss the appeal or remand the case is denied. Justice Brennan took no part in the consideration or decision of this motion.

No. 82-1579. Hayfield Northern Railroad Company, Inc. and Minne- sota, Appellants v. Chicago and North Western Transportation Com- pany. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. MONDAY, DECEMBER 12, 1983 249

No. 82-1724. New York, Petitioner v. Robert Uplinger and Susan Butler. The motion of respondent Butler for divided argument is denied. Justice Marshall would grant this motion.

No. 82-1766. Securities Industry Association, et al., Petitioners v. Board of Governors of the Federal Reserve System, et al. The motion of petitioners for divided argument is denied. Justice Marshall would grant this motion.

No. 82-1771. United States, Petitioner v. Alberto Antonio Leon, et al. The motion of respondents Sanchez, et al. for modification of order granting divided argument is denied.

No. 82-1795. Capital Cities Cable, Inc., et al., Petitioners v. Richard A. Crisp, Director, Oklahoma Alcoholic Beverage Control Board. The motion of petitioners for divided argument is denied. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 82-1860. Schneider Moving & Storage Company, Petitioner v. Loran W. Robbins, et al.; and No. 82-1862. Prosser's Moving and Storage Company, Petitioner v. Loran W. Robbins, et al. The motion of petitioner in No. 82-1860 for divided argument is granted. The motion of petitioner in No. 82-1862 for divided argument is granted. The requests for additional time for oral argument are denied.

No. 82-1998. William P. Clark, Secretary of the Interior, et al., Peti- tioners v. Community for Creative Non-Violence, et al. The motion of respondents for leave to file supplemental joint appendix not in compliance with Rule 33 is denied. Justice Blackmun and Justice Stevens would grant this motion.

No. 82-6956. Nancy Jewell Cross, Appellant v. Secretary of State. The motion of appellant for reconsideration of order denying leave to proceed in forma pauperis is denied.

No. 83-623. Frank B. James, et al., Petitioners v. William P. Clark,

Secretary of the Interior, et al. The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied.

No. 83-5040. Richard T. Eno, et al., Petitioners v. United States De- partment of Housing and Urban Developement, et al. The motion of petitioners for reconsideration of order denying leave to proceed in forma pauperis is denied.

No. 83-5611. Richard L. Windsor, Petitioner v. The Tennessean, et al. The motion of petitioner for leave to proceed in forma pauperis is 250 MONDAY, DECEMBER 12, 1983

denied. Petitioner is allowed until January 3, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

Appeals—Jurisdiction Noted

No. 83-297. Armco, Inc., Appellant v. David C. Hardesty, Jr., State Tax Commissioner of West Virginia. Appeal from the Supreme Court of Appeals of West Virginia. In this case probable jurisdiction is noted.

No. 83-490. Ralph Davis, etc., et al., Appellants v. Gregory Scott Scherer. Appeal from the United States Court of Appeals for the Elev- enth Circuit. In this case probable jurisdiction is noted.

Certiorari Granted

No. 82-2140. Wilbur Hobby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted limited to Question 3 presented by the petition. No. 83-328. James Mabry, Commissioner, Arkansas Department of Correction v. George Johnson. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

Certiorari Denied

No. 82-7014. James Harlon Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-295. Lynda LeBoeuf Costa, Petitioner v. John A. Markey, et

al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-320. Anderson County, Tennessee, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-359. Yavapai-Prescott Indian Tribe, Petitioner v. William P.

Clark, Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-484. James Slevin, et al., Petitioners v. City of New York, et al.; and MONDAY, DECEMBER 12, 1983 251

No. 83-485. John J. Barry, et al., Petitioners v. City of New York, et

al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-588. Sanford J. Berger, Petitioner v. Judge McMonagle, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-647. Lui Su Nai-Chao, Individually and as Personal Repre-

sentative of the Estate of Lui Cho-Pon, Deceased, et al., Petitioners v.

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

No. 83-657. Trudy Unger, Petitioner v. Consolidated Foods Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-660. William Keasler, Petitioner v. Frank Granat, Jr. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 83-666. Howard Herring, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 83-668. Rayford C. Pace, Petitioner v. Southern Railway Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-670. Rodney H. Gunter, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 83-675. William P. Mitlo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-784. Buffalo Forge Company, et al, Petitioners v. Ogden Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-792. Robert Caldevilla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-800. Gerald R. Cicconi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-813. Donald H. Allen and Peggy P. Allen, Petitioners v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 252 MONDAY, DECEMBER 12, 1983

No. 83-5306. Charles Finch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-5332. Marvin R. Williamson, Jr., Petitioner v. Wisconsin. Pe- tition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 83-5410. Chau Mills, Petitioner v. County of Monroe. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-5420. Robert Christopher Ingraham, Petitioner v. Patrick McCarthy, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5465. Darrell D. Kincaid, Petitioner v. Daniel Eberle, etc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5540. Donald Evans, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 83-5543. James Frederick Gentsch, Petitioner v. Thomas Lowe,

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

No. 83-5604. Juanita Johnson, Petitioner v. Tennessee Department of Employment Security, et al. Petition for writ of certiorari to the Su- preme Court of Tennessee, Middle Division, denied.

No. 8&-5608. Burton Russell Beadle, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5610. Edward Payne, Petitioner v. Joseph Janasz, Chief Pro- bation Officer, Cuyahoga County. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5616. James K. Igoe, Petitioner v. Gladys Jones, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5627. Lawrence Dunbar Brown, Petitioner v. Louie L. Wain- wright, 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. 83-5628. Magdalena Chylicka, et al., Petitioners v. United States

Catholic Conference "Caritas," et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, DECEMBER 12, 1983 253

No. 83-5633. Quintin Irving Brown, Petitioner v. Nathan Rice, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5638. Idella L. Skaggs, et al., Petitioners v. Crawford County

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

No. 83-5649. Eleuterio Chavez, Petitioner v. Bernalillo County Dis- trict Court. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 83-5668. Randolph E. Neal, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-5683. Willie G. Brown, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5693. Eldor Miller, et al., Petitioners v. Union State Bank. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 83-5704. Earle Ray Esgate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5726. Joseph Edward VanDyke, Petitioner v. Donald Wawrzaszek, Administrator, Arizona State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5727. Tyrone C. Williams, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-5741. David Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5754. Michael Piscanio, Petitioner v. Commonwealth of Penn- sylvania Board of Probation and Parole, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5758. Sharon Forbes, Petitioner v. American Telephone & Telegraph, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-473. Francis X. Orofino, Petitioner v. United States. The application for bail and/or stay addressed to Justice White and referred to the Court is denied. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 254 MONDAY, DECEMBER 12, 1983

No. 83-624. Mashpee Tribe, et al., Petitioners v. William P. Clark, Secretary of the Interior, et al. The motion of Center for Constitutional Rights, et al. for leave to file a brief as amid curiae is granted. 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 First Circuit denied.

No. 83-5106. Edward Fields, Petitioner v. Donald W. Wyrick, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Dissenting opinion by Justice Marshall.

No. 83-5547. Sylvester Lewis Adams, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-5833. William E. Weber, Petitioner v. Stony Brook Hospital, et al. The motion of petitioner to expedite consideration of the petition for a writ of certiorari is granted. Petition for writ of certiorari to the Court of Appeals of New York denied.

Mandamus Denied

No. 83-5601. In Re Paul Dana Williams, Petitioner. The petition for writ of mandamus is denied.

Rehearings Denied

No. 82-2116. Dalgety Foods, Inc., Appellant v. Angelina Avina;

No. 83-5026. Douglas M. Jackson, Petitioner v. Robert A. Butterworth, Sheriff;

No. 83-5104. Norman H. Torpy, Petitioner v. United States;

No. 83-5369. Joseph Donnell, Petitioner v. Frankie M. Freeman, et al.;

No. 83-5375. Willis H. Chapman, Appellant v. Bank of the Common- wealth., et al.; and

No. 83-5481. Eligio Castro, Petitioner v. Federal Deposit Insurance

Corporation, etc. , et al. The petitions for rehearing are denied.

Assignment Order

An order of the Chief Justice designating and assigning Justice Stew- art (Retired) to perform judicial duties in the United States Court of

Appeals for the First Circuit beginning June 4, 1984, and ending June MONDAY, DECEMBER 12, 1983 255

8, 1984, and for such further time as may be required to complete unfinished business, pursuant to 28 U.S.C. Sec. 294(a), is ordered entered on the minutes of this Court, pursuant to 28 U.S.C. Sec. 295.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jose R. Allen Washington, DC Nancy L. Southard Douglas Milton Barlow Beaumont, TX Daylee Wiggins Mary Elizabeth Bielefeld Washington, DC Frederick F. Stiehl Carol Buchele Bonebrake Topeka, KS Robert Joseph O'Connor Karnig Boyajian Boston, MA Mitchell J. Sikora Jr. Robert J. Brooks Washington, DC Charles A. Webb Neil Howard Butler Tallahassee, FL Carl R. Pennington Jr. Edward J. Byrne New Brunswick, Walter M. NJ Bielanowski Nathan S. Carr Richardson, TX Thomas L. Fiedler Richard L. Davenport Reno, NV Peter D. Laxalt Forrest Henri Dupre Milwaukee, WI William E. Glassner Jr. Frank J. Fahrenkopf Jr. Washington, DC Paul D. Laxalt Scott E. Flick Reston, VA Terrence C. Sheehy W. Cort Frohlich Punta Gorda, FL Leo Wotitzky Roy B. Garrett Escondido, CA James A. Hennenhoefer Jonathan Glick Pittsburgh, PA Judge R. Stanton Wettick Jr. Corey Lee Gordon St. Louis Park, Hubert H. MN Humphrey III Gerald Allan Griffin Los Angeles, CA Frederick W. Lambert Christopher Keith Hall New York, NY Ira Jay Kurzban Christopher Ray Hardman Portland, OR Joseph McClain Hardman 256 MONDAY, DECEMBER 12, 1983

Applicant City and State Movant

Barbara Staros Harmon Tallahassee, FL James William Sloan Ann Fingarette Hasse San Francisco, CA John MacDonald Smith William A. HeUer Phoenix, AZ Henry L. Gilliam George Blaine Huff Jr. Indianapolis, IN Judge Walter Joseph James Burke Irwin V New Orleans, LA Daniel Lund Craig S. Johnson Jefferson City, Eugene E. MO Andereck Salem M. Katsh New York, NY Ira M. Millstein Leslie L. Lilley Virginia Beach, James E. Brydges VA Jr. Carroll A. Lingg Hanover, PA Louis T. Guthrie Robert Howard Littlefield Louisville, KY Robert Frederick Smith Westley Randol Logan Albuquerque, NM Carl John Butkus John Bush Long Augusta, GA Jay M. Sawilowsky Steven McDonald Lowry Little Rock, AR Philip E. Dixon James Thomas Manwaring Edgerton, WI Sarah Furey Crandall Andrew H. Marks Washington, DC Franklin D. Kramer Eleanor F. Martin Louisville, KY Robert Frederick Smith Karen Zaman Mashbum Charlotte, NC Harold Johnson Bender Mike McKool Jr. Dallas, TX Ernest E. Figari Jr. James A. Moss New York, NY Robert K. Ruskin Charles R. Nestrud Little Rock, AR Thomas Byron Staley Harry Douglas Nichol Knoxville, TN Paul Theodore Gillenwater Cathi C. O'HaUoran Tallahassee, FL Carl R. Pennington Jr. Robert Emmett O'Keefe Philadelphia, PA John Albert Murphy Jr. MONDAY, DECEMBER 12, 1983 257

Applicant City and State Movant

Douglas Alan Oglesby San Francisco, CA Malcolm H. Furbush Donald C. Ohnegian Ramsey, NJ John D. Morrison Rick L. Olson Des Moines, LA Roger P. Owens Alan Kent Oran Devine, TX Joe E. Briscoe Diana Lois Stone Peters Ann Arbor, MI Gary Francis Kuns William Arthur Plapinger New York, NY Jerome S. Palpinger Russell E. Pommer Washington, DC Michael J. Roberts Henry R. Richmond III Portland, OR Larry N. Sokol Billy J. Robinson Lubbock, TX J. Lamar Curry Jr. Angel S. Ruiz-Rodriguez San Juan, PR Rafael Fernandez- Suarez William R. Rush Mt. Pleasant, MI Patrick A. Kennan Henry C. Ryder Indianapolis, IN William E. Roberts Fletcher Nathaniel Smith Greenville, SC Theo Walker Mitchell Robert John Stall Jr. San Diego, CA Howard Kenneth Potash Phillip Edward Stano Montgomery, AL Walter Sanderson Turner Ronald J. Tabak New York, NY George Allen Davidson William Charles Tobin Jr. Vashon, WA Leonard WA. Schroeter Pamela Crawford Walker Baton Rouge, LA Charles Simon McCowan Jr. Edward McCoy Wayland Charlottesville, J. Lloyd Snook III VA Jack L. Whitacre Kansas City, MO Henry L. Browne Bruce E. Whitaker Ramsey, NJ John D. Morrison James H. Whitney Albany, NY Robert D. Stone Buford B. Wiley Jr. San Diego, CA Dan Donato Jr. Ben H. Wilkinson Tallahassee, FL Carl R. Pennington Jr. 258 MONDAY, DECEMBER 12, 1983

Applicant City and State Movant

Alan E. Wolin Mineola, NY Leonard B. Isaacs Thomas Dorsey Yawn Milledgeville, GA Joseph Alexander Boone Paul A. Yurachek Annandale, VA Charles Michael Meehan

Admissions to the Bar on Oral Motions

Applicant City and State Movant

W. Gregory Arnett Jr. Jennings, LA Francis J. Lorson Ivy Paige Adler Hackensack, NJ John A. Schepisi Antranig Aslanian Jr. r ort Lee, JNJ John A. Schepisi Wendy M. Berger rmglewood buns, John A. Schepisi INJ Bert Eliot Binder wycKon, i\d John A. Schepisi Bruce Evan Chase Hackensack, NJ John A. Schepisi Anthony Dominic Cipollone Ridgewood, NJ John A. Schepisi John A. Conte oadule rJrooK, JNJ John A. Schepisi T> — XT T George J. Cotz Ramsey, NJ John A. Schepisi Robert A. Drexel Leonia, NJ John A. Schepisi Joel M. Ellis rlacKensack, JNJ John A. Schepisi Edward Steven Feldman Leonia, NJ John A. Schepisi « ^ _ J XT T Barry Neil Frank hnglewood, NJ John A. Schepisi ~\1T XTT James Robert Freeswick Wayne, NJ John A. Schepisi Barbara Kline Hartman leaneck, NJ John A. Schepisi Thomas J. Hickey Paramus, NJ John A. Schepisi Daniel B. Jacobs Saddle Brook, NJ John A. Schepisi Richard P. Johnson Teaneck, NJ John A. Schepisi Martin W. Kafafian Montvale, NJ John A. Schepisi Charles John Xavier Franklin Lakes, John A. Schepisi Kahwaty NJ Jay Lionel Kaplove Tenafly, NJ John A. Schepisi Ronald V. Kenderian Alpine, NJ John A. Schepisi Carolyn Ruth Kristal Fort Lee, NJ John A. Schepisi Eric Christopher Landman Tenafly, NJ John A. Schepisi Frederick Irwin Levine Fair Lawn, NJ John A. Schepisi Dennis Allan Maycher Wallington, NJ John A. Schepisi MONDAY, DECEMBER 12, 1983 259

Applicant City and State Movant

Richard C. McDonnell Ramsey, NJ John A. Schepisi Daniel P. Mecca Paramus, NJ John A. Schepisi Grace Tomanelli Meyer River Vale, NJ John A. Schepisi C. Theodore Murphy Jr. Hackensack, NJ John A. Schepisi Morris Pashman Hackensack, NJ John A. Schepisi Dominick P. Preziosi Jr. Allendale, NJ John A. Schepisi Donald Wilson Reeder Allendale, NJ John A. Schepisi Robert T. Regan Westwood, NJ John A. Schepisi William John Riina Montvale, NJ John A. Schepisi Garry Roy Salomon Hackensack, NJ John A. Schepisi Philip Scalo Englewood Cliffs, John A. Schepisi NJ Howard Kenneth Allendale, NJ John A. Schepisi Schwartzman Edward F. Seavers Jr. Ridgewood, NJ John A. Schepisi Daniel Paul Simpson Hackensack, NJ John A. Schepisi Harry S. Stotter Hackensack, NJ John A. Schepisi James Richard Strull Wood-Ridge, NJ John A. Schepisi 'Thomas H. Sullivan Rutherford, NJ John A. Schepisi Randall Gregory Tashjian Fort Lee, NJ John A. Schepisi Kenneth VanRye Elmwood Park, John A. Schepisi NJ George Lawrence Vion Tenany, NJ John A. Schepisi Peter Weinstein Glen Rock, NJ John A. Schepisi W. Thomas McDonough Jr. New York, NY John A. Schepisi Jode Susan Millman Poughkeepsie, John A. Schepisi NY

Adjourned until Monday, January 9, 1984 at 10 o'clock. x

Certiorari Denied

No. 83-5902. Robert Wayne Williams, Petitioner v. John T. King, Secretary, Louisiana Department of Corrections, et al. The application for stay of execution of the sentence of death addressed to Justice Bren-

nan and referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application for stay. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) TUESDAY, DECEMBER 13, 1983 261 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-455. Alpha Otis O'Daniel Stephens, Applicant v. Ralph M. Kemp, Superintendent, Georgia Diagnostic and Classification Center. On application for stay. The application for stay of execution of the sentence of death set for Wednesday, December 14, 1983, presented to Justice Powell and by him referred to the Court, is granted pending the decision of the United States Court of Appeals for the Eleventh Circuit in Spencer v. Zant, rehearing en banc granted, F. 2d (C. A. 11 Dec. 1983) or until further order of this Court. Dissenting opinion by Justice Powell with whom the Chief Justice, Justice Rehnquist and Jus- tice O'Connor join.

(JOURNAL) WEDNESDAY, DECEMBER 14, 1983 263 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Rehearing Denied

No. 83-5544. John Eldon Smith, Petitioner v. Ralph M. Kemp, Su- perintendent, Georgia Diagnostic and Classification Center. The petition for rehearing is denied. The application for stay of execution of sentence of death pending disposition of a petition for rehearing, presented to Justice Powell and by him referred to the Court, is denied. Dissent- ing statement by Justice Brennan and Justice Marshall. Dissenting statement by Justice Stevens.

(JOURNAL) MONDAY, JANUARY 9, 1984 265 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-524. Wynmoor Limited Partnership and Wynmoor Commu- nity Council, Inc., Appellants v. Coconut Creek Cable T.V., Inc., et al. Appeal from the District Court of Appeal of Florida, Fourth District. The appeal is dismissed for want of a substantial federal question.

No. 83-694. Mario P. Gonzalez, Appellant v. Commission on Judicial

Performance of California (California, et al., Real Parties in Interest). Appeal from the Supreme Court of California. The appeal is dismissed for want of a substantial federal question.

No. 83-715. Rio Vista Non-Profit Housing Corporation, Appellant v. County of Ramsey. Appeal from the Supreme Court of Minnesota. The appeal is dismissed for want of a substantial federal question.

No. 83-5517. Herbert Charles Blatchford, Jr., Appellant v. Harry Winans, Warden. Appeal from the Supreme Court of New Mexico. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Orders in Pending Cases

No. . Roy E. Davis, etc., Petitioner v. United States, et al. The motion to direct the Clerk to file the petition for writ of certiorari that does not comply with the Rules of the Court is denied.

No. A-377. Charles W. Meadows, III, Applicant v. Robert G. Redman. The application for bail addressed to the Chief Justice and referred to the Court is denied.

No. A-485. Scioto Trails Co., et al., Applicants v. Ohio Department

of Liquor Control, et al. The application for continuation of stay addressed to Justice Stevens and referred to the Court is denied. 266 MONDAY, JANUARY 9, 1984

No. A-486. David Montgomery Webb, Applicant v. Terrell Don Hutto. The application for stay addressed to Justice Marshall and referred to the Court is denied.

No. D-369. In the Matter of Disbarment of Phillip John Cantagallo. Phillip John Cantagallo, of Ashtabula, 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 admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on October 17, 1983, is hereby discharged.

No. 96, Original. Commonwealth of Puerto Rico, Plaintiff v. State of Iowa. The motion for leave to file a bill of complaint is denied.

No. 82-963. Massachusetts, Petitioner v. Osborne Sheppard. The motion of respondent to strike the brief of Illinois State Bar Association as amicus curiae is denied.

No. 82-1608. South-Central Timber Development, Inc., Petitioner v. Robert LeResche, Commissioner, Department of Natural Resources of

Alaska, et al. The motion of Pacific Rim Trade Association, et al. for leave to file a brief as amici curiae is granted. The motion of the Solici- tor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 82-1724. New York, Petitioner v. Robert Uplinger and Susan

Butler. The motion of American Psychological Association, et al. for leave to file a brief as amici curiae is granted. The motion of Center for

Constitutional Rights, et al. for leave to file a brief as amici curiae is granted. The motion of American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted. The motion of Committees on Sex and Law, etc. of the Association of the Bar of the City of New York for leave to file a brief as amicus curiae is granted. The motion of

American Association for Personal Privacy, et al. for leave to file a brief as amici curiae is granted. The motion of Lambda Legal Defense &

Education Fund, Inc. for leave to file a brief as amicus curiae is granted. The motion of National Association of Business Councils, et al. for leave to file a brief as amici curiae is granted.

No. 82-1734. Linda Sidoti Palmore, Petitioner v. Anthony J. Sidoti.

The motion of Leigh Earls, et al. for leave to file a brief as amici curiae is granted.

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan

Transit Authority, et al., and MONDAY, JANUARY 9, 1984 267

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v. San Antonio Metropolitan Transit Authority, et al. The motion of appellees for divided argument is denied.

No. 83-128. United States, Petitioner v. William Gouveia, et al. The motion for appointment of counsel is granted and it is ordered that Jo- seph F. Walsh, Esquire, of Los Angeles, California, is appointed to serve as counsel for the respondent Robert Ramirez in this case. The motion for appointment of counsel is granted and it is ordered that Joel

Levine, Esquire, of Los Angeles, California, is appointed to serve as counsel for the respondent Philip Segura in this case. The motion of respondent William Gouveia for leave to proceed in forma pauperis is granted. The motion for appointment of counsel is granted and it is ordered that Michael J. Treman, Esquire, of Santa Barbara, California, is appointed to serve as counsel for the respondent William Gouveia in this case. The motion for appointment of counsel is granted and it is ordered that Charles P. Diamond, Esquire, of Los Angeles, California, is appointed to serve as counsel for the respondents Robert E. Mills and Richard Raymond Pierce in this case. The motion of respondents Rob- ert E. Mills and Richard Raymond Pierce for divided argument is granted. The motion of respondents William Gouveia, et al. for divided argument is denied.

No. 83-218. Amos Reed, etc. and the Attorney General of North Car- olina, Petitioners v. Daniel Ross. The motion for appointment of counsel is granted and it is ordered that Barry Nakell, Esquire, of Boulder,

Colorado, is appointed to serve as counsel for the respondent in this case.

No. 83-346. United States, Petitioner v. Esmail Yermian. The motion for appointment of counsel is granted and it is ordered that Ste- phen J. Hillman, Esquire, of Los Angeles, California, is appointed to serve as counsel for the respondent in this case.

No. 83-595. Kenneth R. Snow, et al., Petitioners v. Quinault Indian

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

No. 83-630. Efrem Bernal, Petitioner v. John W. Fainter, Jr., Secre- tary of State of Texas, et al. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 83-778. Frances Wambheim and Catherine Heggelund, etc., Pe- titioners v. J. C. Penney Company, Inc. The Solicitor General is invited to file a brief in this case expressing the views of the United States. 268 MONDAY, JANUARY 9, 1984

Justice Blackmun took no part in the consideration or decision of this order.

No. 83-5711. Edgar C. Platel, Petitioner v. Maguire, Voorhis & Wells, P. A., et al. The motion of petitioner for leave to proceed in forma pauperis is denied. The petitioner is allowed until January 30, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

No. 83-5725. Gerhard J. Sweetman, Petitioner v. Township of Penn- sauken, New Jersey. The motion of petitioner for leave to proceed in forma pauperis is denied. The petitioner is allowed until January 30, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

No. 83-5730. John Milton Mann, Petitioner v. Karen Lea Koob. The motion of petitioner for leave to proceed in forma pauperis is denied. The petitioner is allowed until January 30, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

No. 83-5958. Stephen T. Keefe, Jr., as Guardian, etc., Petitioner v. Massachusetts. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

Appeals—Jurisdiction Noted

No. 83-372. Franchise Tax Board of California, Appellant v. United States Postal Service. Appeal from the United States Court of Appeals for the Ninth Circuit. In this case probable jurisdiction is noted. No. 83-724. Irene Gomez-Bethke, Commissioner, Minnesota Depart- ment of Human Rights, et al., Appellants v. United States Jaycees. Ap- peal from the United States Court of Appeals for the Eighth Circuit. MONDAY, JANUARY 9, 1984 269

The motion of Northwestern Bell Telephone Company for leave to file a brief as amicus curiae is granted. The motion of National Organization for Women, et al. for leave to file a brief as amici curiae is granted. In this case probable jurisdiction is noted.

Certiorari Granted

No. 83-305. California, Petitioner v. Albert Walter Trombetta, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, granted.

No. 83-710. Harry J. Berkemer, Sheriff of Franklin County, Ohio, Petitioner v. Richard N. McCarty. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 83-751. Securities and Exchange Commission, et al., Petitioners v. Jerry T. O'Brien, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 83-226. Arizona, Petitioner v. Dennis Wayne Rumsey. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Arizona granted.

No. 83-5596. Joseph Robert Spaziano, Petitioner v. Florida. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Florida granted.

Certiorari Denied

No. 82-6991. Jackson L. Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-324. Michael Construction Company, Petitioner v. Equal Em- ployment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-356. Joseph J. Rey, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-385. Marlene Gratchner Clark, Petitioner v. Elizabeth Hansford Dole, Secretary, Department of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 270 MONDAY, JANUARY 9, 1984

No. 83-403. John L. Sasscer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-411. Gulf Oil Corporation, Petitioner v. Federal Energy Reg- ulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-413. Continental Airlines, Inc., Petitioner v. Fred Zimmerman, Trustee, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-419. Richard Boulin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-424. James R. Presley, Petitioner v. Geophysical Service, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-442. Paul Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-446. Al Bryant, Inc., et al., Petitioners v. National Labor Re- lations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-447. Sea-Land Service, Inc., Petitioners. Carl 0. Akermanis. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-450. Howard A. Hull, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-464. Michael Lee, Petitioner v. Bernt A. Monsen, Deputy

Chief of the Elmhurst Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-476. Dominic Iavarone, Petitioner v. United States; and

No. 83-636. David Battisti, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-479. Tchong Tcheng Kan, Petitioner v. Michael Landon, U.S. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, JANUARY 9, 1984 271

No. 83-492. Mobile Home Estates, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-493. Amerada Hess Corporation and L. A. Stricklin, Petition- ers v. David R. Green. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-496. Harry J. Wilford, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-497. Michael Albert Kaly, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 83-504. Field Container Corporation, Petitioner v. Interstate Commerce Commission and United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-525. Jacquelyn A. Jones, et al., Petitioners v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-530. Frank Thompson, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-537. Massachusetts Laborers District Council and Laborers'

Local 609, Petitioners v. Abreen Corp. and Martin Bernard, et al.; and No. 83-693. Laborers' International Union of North America, AFL-

CIO, Petitioner v. Abreen Corp., et al. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-542. P. P. Langford, et al., Petitioners v. David L. James, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 83-546. Clayco Petroleum Corporation and Bruce Clayman, Peti- tioners v. Occidental Petroleum Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-551. Hanson Bratton, et al., Petitioners v. City of Detroit, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-553. Richard Arnold, IV, and Francis C. Mihalek, Petitioners v. Eastern Air Lines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 272 MONDAY, JANUARY 9, 1984

No. 83-559. Master Printers Association, A Division of Printing In- dustry of Illinois, Petitioner v. Raymond J. Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-565. James G. Inglis, Petitioner v. Milton Feinerman, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-578. Alaska Land Title Association, et al., Petitioners v.

Alaska, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 83-580. Cornelius Dennis Brislawn, Jr., Petitioner v. Beverly Joan Gatewood Brislawn. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-598. Joseph P. Mazzola, et al, Petitioners v. Raymond J. Donovan, Secretary of Labor, United States Department of Labor. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-601. John Katsougrakis and John Hiotis, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-602. John Briggs, et al, Petitioners v. Guy Goodwin. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied. No. 83-606. City of Mission, South Dakota and Mission Golf Course, Inc., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-607. Idaho, Petitioner v. David Allen Bradley. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 83-618. Charles H. Schmidt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-621. James N. Constant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 83-633. Robert K. Bell Enterprises, Inc., Petitioner v. Raymond

J. Donovan, Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 83-638. Alcan Aluminium Limited, Petitioner v. Franchise Tax

Board of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, JANUARY 9, 1984 273

No. 83-648. Alaska Northern Development, Inc., Petitioner v. Alyeska Pipeline Service Company. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 83-649. Anthony Tamilio, Petitioner v. Walter Fogg, Superin- tendent, Eastern Correctional Facility and Robert Abrams, Attorney General of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-656. Caribe Tugboat Corporation, et al., Petitioners v. Daniel T. Duffy. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 83-659. Frederick Paul and Aileen M. Paul, 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. 83-677. Superior Oil Company, Petitioner v. Pioneer Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-686. The Travelers Indemnity Co., Petitioner v. Ewing, Cole, Erdman & Eubank. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-687. Clifford B. Ernst, Jr., Petitioner v. Indiana Bell Tele- phone Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-688. Calvin Coolidge Greene, Petitioner v. Whirlpool Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-689. South Dakota, et al., Petitioners v. Lower Brule Sioux Tribe. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 83-698. Burroughs Corporation, Petitioner v. A. B. Dick Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 83-700. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner v. John A. Pawlak and James Stafford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-701. Laredo Junior College, et al., Petitioners v. Alejandro Perez. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. 274 MONDAY, JANUARY 9, 1984

No. 83-705. Werner Diron, Petitioner v. City of Eastlake, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-708. Quinault Pacific Corporation, Petitioner v. Barclays

American/Business Credit, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-716. Carole June Caton, Petitioner v. Paul William Caton. Pe- tition for writ of certiorari to the Court of Appeals of Oklahoma denied. No. 83-720. Humphreys (Cayman), Ltd. and Holiday Inns, Inc., Pe- titioners v. Victoria A. Lehman, Executrix of the Estate of Robert Wayne Lehman, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-721. Arthur T. Davidson, Petitioner v. Connecticut Bank and Trust Company and J. Thomas Johnson, Assistant Counsel, Connecti- cut Bank and Trust Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-726. First American Title Company of South Dakota, et al.,

Petitioners v. South Dakota Land Title Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-729. George V. Hansen, 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. 83-731. Adolf Kizas, 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. 83-732. Leroy Boyd, Petitioner v. John F. Lehman, Jr., Secre- tary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-733. Environmental Designs, Ltd. and Trentham Corpora- tion, Petitioners v. Union Oil Company of California and Ralph M. Par- sons Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-735. David P. Longe, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 83-739. April Thompson, Administratrix of the Estate of Doyle Wayne Thompson, Petitioner v. International Harvester Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, JANUARY 9, 1984 275

No. 83-743. Arizona Public Service Company, Petitioner v. National Labor Relations Board and International Brotherhood of Electrical Workers, AFL-CIO, Local 387. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-745. Julian I. Richards, Petitioner v. Howard University and Patricia P. Hamilton. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-746. Julian I. Richards, Petitioner v. Howard University and Patricia P. Hamilton. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-749. Fairdale Farms, Inc., Petitioner v. Yankee Milk, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-750. Raymond C. Carter, etc., Petitioner v. Small Business

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

No. 83-752. Transocean Contractors, Inc., et al., Petitioners v. Nor- ris Reed. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-753. Luke Fontana, Petitioner v. Mack E. Barham, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-754. Janice McKay, Executrix of the Estate of LT. CDR.

Malcom McKay, Deceased, et al., Petitioners v. Rockwell International Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-756. Merle W. Blevins, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.

No. 83-757. William R. McCann, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 83-759. Zenobia E. Hurley and Lloyd A. Hurley, Petitioners v. Albuquerque Title Company, Inc. and Commonwealth Land Title In- surance Corporation. Petition for writ of certiorari to the Court of Ap- peals of New Mexico denied.

No. 83-761. William S. Harris, et al., Petitioners v. Rosalyn S. Har- ris Fenn, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. 276 MONDAY, JANUARY 9, 1984

No. 83-762. Paul A. LaFalce, Petitioner v. Michael Houston and City of Springfield, Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-765. Durham County Board of Alcoholic Control, Petitioner v. Nathaniel Wells. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-771. Ohio-Sealy Mattress Manufacturing Company, et al., Pe- titioners v. Sealy, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-775. Frances Gwendolyn Gustine, Petitioner v. Glenn Lank Gustine. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied.

No. 83-776. George Oziemkiewicz, Petitioner v. Harold Washington,

Mayor of the City of Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-777. Clark Equipment Company, Petitioner v. Louis J. Keller and Cyril N. Keller. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-780. Nancy Dantzler, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-782. Robert T. Dale, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-785. L. E. Creel, III, etc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-787. Howard N. Ginsburg, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-794. Bruce Erftmier, Petitioner v. Rowan Companies, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-811. Carl L. Brimm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-815. John H. Grimm, et al., Petitioners v. Fred Rizk, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Four- teenth Supreme Judicial District, denied. MONDAY, JANUARY 9, 1984 277

No. 83-816. Salvador Meraz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-820. Personnel Board of Jefferson County, Alabama, Peti- tioner v. Sadie D. Morgado. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-828. Shell Oil Company, Petitioner v. Mary Olsen, et al.; and

No. 83-829. Movible Offshore, Inc., Petitioner v. Mary Olsen, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-834. Edward Sack, Petitioner v. Kimberly-Clark Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-855. Louis Edward White, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-865. Harry Cannon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-872. Peter F. Crosby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-891. Robert J. Creason, etc., Petitioner v. Mo-Kan Teamsters

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

No. 83-901. Patrick Russo, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5100. David L. Linfield, Petitioner v. Board of Higher Educa- tion of the City of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5140. Samuel Lee Smith, Petitioner v. Gerald Heeringa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5188. Albert Washington, Petitioner v. New York State Com- missioner of Correctional Services, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 278 MONDAY, JANUARY 9, 1984

No. 83-5216. Victor Manuel Rivera Santiago, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-5282. Billy G. Byers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-5289. Alston Lambertis, Petitioner v. Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5317. Paul Braxton Owens, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5338. Charles M. Anderson, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-5341. Richard Austin Greene, Petitioner v. Raymond D. Mas- sey, Superintendent, Union Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5357. John E. Cash, Petitioner v. Marlin Bachtell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5364. Abdul Hamid, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5386. Stanley J. Turel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5390. Larry Craig Green, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 83-5400. John Eugene Sellner, Petitioner v. George Albert

Hudnall, et al. Petition for writ of certiorari to the Court of Special Ap- peals of Maryland denied. No. 83-5437. Jerry Rang Clayton and Wilford Fritz Gallegos, Peti- tioners v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-5442. Leonard Rogers, Petitioner v. Barbara Rulo, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, JANUARY 9, 1984 279

No. 83-5448. Roy Williams, Petitioner v. Samuel R. Pierce, Jr., Sec- retary, Department of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5470. Eddie Lee Weathersby, Petitioner v. Paul L. Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5508. Chester Patterson, Petitioner v. Theodore Koehler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5511. Buck Duane Walker, Petitioner v. United States; and

No. 83-5565. Stephanie Kay Stearns, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5514. Peter Kahn Margolis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5523. Lloyd Duncan, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-5524. Ronald Darwin Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5536. Stojilko Kajevic, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-5549. Katherine Ann Cantrell, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 83-5551. Horace Ward, Jr., Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied.

No. 83-5566. Harvey F. Euge, Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5570. Peter Nick Thoma, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 280 MONDAY, JANUARY 9, 1984

No. 83-5603. Phillip Kelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-5612. Aleida Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5622. Philip M. Godek, Petitioner v. New York. Petition for writ of certiorari to the Supreme Court of New York, Suffolk County, denied.

No. 83-5623. David Allen Chapin, Petitioner v. R. C. Marshall, Su- perintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5631. Russell LeGrand, Petitioner v. R. C. Marshall, Super- intendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5632. Arthur D. Mallory, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-5635. H. Samuel Kemp, Petitioner v. Equal Employment Opportunity Commission and Delores Rozzi. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5641. Ned S. Sydnor, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-5643. Robert J. Neely, Petitioner v. Thomas Israel, Superin- tendent, Waupun Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5646. Larry Waters, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 83-5651. William Daye, Petitioner v. Attorney General of New

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

No. 83-5656. Walter Johnson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 83-5660. Donnie L. Sloan, Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JANUARY 9, 1984 281

No. 83-5664. Stan Sikorski, Petitioner v. Den Norske Amerikalinje, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-5665. Anthony Souza, Petitioner v. Donald Ellerthorpe, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5667. Michael David Manis, et al., Petitioners v. Chief Judge,

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

No. 83-5672. Billy Edward Baker, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5675. John D. Kemp, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5676. George Gant, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-5677. J. W. McQueen, Petitioner v. W. Dixon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5682. Charles Edward Aldrich, II, Petitioner v. National So- ciety for Children and Adults with Autism, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5684. Andrew L. Harris, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 83-5686. James Ernest Ingram, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-5687. J. C. McCrary, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-5690. Allen W. Wilson, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5691. Kathryn L. Campbell, Petitioner v. Margaret M. Heck- ler, Secretary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 282 MONDAY, JANUARY 9, 1984

No. 83-5692. Melvin Bujol, Petitioner v. Nathon Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5694. David Aiken, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5698. Thomas Robert Conti, Petitioner v. Ingersoll Rand Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5700. Mark Molasky, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 83-5702. William Barnett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-5707. Judson Gambles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5712. Rodney C. Roberson, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5715. Ernest Fleshman, etc., Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5719. William Conger, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-5721. Henry Joseph Fordham, Petitioner v. National Bank of Boyertown. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5722. Thomas Hall, Jr., Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-5724. George Baltsavias, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5731. David A. Sumrall, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. MONDAY, JANUARY 9, 1984 283

No. 83-5732. Ronnie Joe Vann, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5734. David E. Martel, et al., Petitioners v. New Hampshire, et al. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 83-5738. Joseph De Nobili, et al., Petitioners v. Cunningham & O'Connor Mortuary, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-5740. James Lee Lampkins, Petitioner v. John R. Gagnon,

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

No. 83-5743. Conrad Slay, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5745. Eugene V. Thezan, Petitioner v. Maritime Overseas Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5746. Willie Gray Ward, Sr., Petitioner v. W. C. Owens, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5747. Anthony J. Veneri, Jr., Petitioner v. John C.

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

No. 83-5748. John Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5752. Edwin H. Vella, Petitioner v. United States Federal

Bureau of Investigation of Tampa, Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-5753. James R. Thomas, Petitioner v. Ross Maggio, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5756. L. H. Reiner, Petitioner v. Russell Bidlack, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 284 MONDAY, JANUARY 9, 1984

No. 83-5757. Chester Wheeler Campbell, Petitioner v. Ralph B. Guy,

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

No. 83-5759. Byron Inness Graham, Petitioner v. East Orange C.E.T.A. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5760. L. H. Hillie, Petitioner v. Ross Maggio, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5762. Joseph W. Lilley, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 83-5763. Jaime Alberto Gomez-Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5766. James Frederick Gentsch, Petitioner v. Jessie E. Clark, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5769. Richard Owen Long, Petitioner v. R. H. Rison, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5775. James Joseph O'Brien, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5777. Wayne R. Anderson, Petitioner v. The District Court, In and For the County of Jefferson, State of Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 83-5779. Terrance J. Theisen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5781. Scott Samuel Smith, Petitioner v. United States Civil

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

No. 83-5786. Robert Andre Ruff, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5798. Bobby Arnold, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. MONDAY, JANUARY 9, 1984 285

No. 83-5800. William McKnight, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5801. John Hall Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5803. Daniel Jackson Talbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5805. Dalton Hawkins, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5812. Clyde Foster, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 83-5817. Lawrence Bender, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-5822. Juan Diego Camacho Blanco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-5828. Harry Madison Sowards, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-5834. Ramon Antonio Quintana-Samaniego, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5839. Woodford S. Godwin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-207. George R. Ariyoshi, Governor of the State of Hawaii, et al., Petitioners v. Robert L. Pekarsky, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Blackmun would grant certiorari.

No. 83-783. Hilary Davis, Petitioner v. William E. Gladstone, et al. Petition for writ of certiorari to the U. S. Court of Appeals for the Eleventh Circuit(former 5th Circuit) denied. Justice Blackmun would grant certiorari.

No. 83-243. Brown & Root, Inc., et al, Petitioners v. Billy Thornton, et al. The motion of respondent Billy Thornton for leave to proceed in forma pauperis is granted. The motion of respondent James Broussard 286 MONDAY, JANUARY 9, 1984 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 denied.

No. 83-382. Bruce Warren Rush, Petitioner v. United States Agency for International Development, et al. 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 Dis- trict of Columbia Circuit denied.

No. 83-459. Washington State Charterboat Association, Petitioner v. Malcolm Baldrige, Secretary of Commerce. The motion of Quileute In- dian Tribe, et al. for leave to file a brief as amici curiae is granted. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-506. Dan V. McKaskle, Acting Director, Texas Department of Corrections, Petitioner v. Conrado Vela. 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 Fifth Circuit denied. Dissenting opinion by Justice O'Connor with whom the Chief Justice and Justice Rehnquist join.

No. 83-533. Jerry K. Nicholson, Petitioner v. Interstate Commerce

Commission, et al. The motion of American Farm Bureau Federation, et al. for leave to file a brief as amici curiae is granted. The motion of Louisiana Landmarks Society 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. 83-589. Hopi Indian Tribe, Petitioner v. John R. Block, Secre- tary of Agriculture, et al.; and

No. 83-669. Navajo Medicinemen's Association, et al., Petitioners v.

John R. Block, Secretary of Agriculture, et al. The motion of All Indian

Pueblo Council, et al. for leave to file a brief as amici curiae in No. 83-

589 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this motion and these petitions.

No. 83-692. Local Union No. 47, International Brotherhood of Elec- trical Workers, AFL-CIO, Petitioner v. Public Utilities Commission of California, et al. The motion of petitioner to dispense with printing of full opinion below is granted. Petition for writ of certiorari to the Su- preme Court of California denied. Justice Rehnquist took no part in the consideration or decision of this motion and this petition. MONDAY, JANUARY 9, 1984 287

No. 83-725. Gerard T. Frey, Superintendent, Missouri Eastern Cor- rectional Center, Petitioner v. Victor Paul Anderson. 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. 83-748. In Re John D. Delgado, Petitioner. The motion of Na- tional Association of Criminal Defense Lawyers, Inc. for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 83-830. Joanne Limbach, Tax Commissioner of Ohio, Petitioner v. Boothe Financial Corporation. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 83-5365. Charlie Young, Jr. , Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-5659. C. L. Childress, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 83-5670. John Joseph Levasseur, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5695. Percy Leo Dobard, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5701. James Adams, Petitioner v. Louie L. Wainwright, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5705. Robert Glenn Coe, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. Dissenting statement by Justice Brennan and Justice Marshall. Mandamus Denied

No. 83-5742. In Re Robert Earl Jackson, et al., Petitioners. Petition for writ of mandamus denied. No. 83-788. In Re Florida, Petitioner. The motion of respondent Earl Enmund for leave to proceed in forma pauperis is granted. Petition for writ of mandamus denied. 288 MONDAY, JANUARY 9, 1984 Rehearings Denied

No. 82-1868. Arnold Transit Company, Inc., et al., Appellants v. City of Mackinac Island, etc.;

No. 82-1971. Michael M. Schaefer, Petitioner v. National Labor Re- lations Board;

No. 82-2057. Donald Lesiak, Petitioners. Thomas E. Ferguson, etc.;

No. 82-6744. Vatuk B. Prasad, Petitioner v. Wassaic Developmental Center and New York State Department of Civil Service;

No. 82-6768. Deborah Rene Finney, Appellant v. Michigan Depart- ment of Social Services;

No. 82-6997. Alvin C. Hines, Petitioner v. United States;

No. 82-6922. Jesse De La Rosa, Petitioner v. Texas;

No. 83-180. Southern Pacific Transportation Company, Petitioner v.

Secretary of the Interior, et al.;

No. 83-279. Pius XII Academy, Inc., Petitioner v. Commissioner of Internal Revenue;

No. 83-296. Robert A. Lebovitz, Petitioner v. United States;

No. 83-314. Anthony Ostric, Petitioner v. Corporation of St. Mary's College, Notre Dame, et al;

No. 83-428. Danny Barwick, Petitioner v. South Carolina;

No. 83-5064. George Ewing, et al., Petitioners v. United States;

No. 83-5200. Wayne E. Wham, Petitioner v. United States Postal Service;

No. 83-5274. Martin J. Fitzpatrick, Petitioner v. Harold J. Smith, Superintendent, Attica Correctional Facility;

No. 83-5291. Clifford D. Noe, Petitioner v. Texas;

No. 83-5334. Arlene Attwell, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services;

No. 83-5339. Dennis Dick, Petitioner v. Ralph Kemp, Superintend- ent, Georgia Diagnostic and Classification Center;

No. 83-5354. Tony B. Amadeo, Petitioner v. Ralph Kemp, Superin- tendent, Georgia Diagnostic and Classification Center;

No. 83-5389. Terry Michael Mincey, Petitioner v. Georgia;

No. 83-5406. Timothy Dale Bunch, Petitioner v. Virginia;

No. 83-5430. George Lamore, Petitioner v. Inland Division of Gen- eral Motors Corporation, et al.;

No. 83-5491. John Arthur Brown, Petitioner v. Willard H. Douglas, Judge; and MONDAY, JANUARY 9, 1984 289

No. 83-5644. Anthony Antone, Petitioner v. Charles Strickland, Su- perintendent, Florida State Prison, et al. Petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

John T. Allred Charlotte, NC Julia V. Jones Chester Theodore Alpaugh New Orleans, LA J. Barbee Winston III Robert H. Alsdorf Seattle, WA Kenneth A. MacDonald Karen Lois Anderson Abilene, TX Marshall Harvey Cargill Jr. Joan Atkins Lyndhurst, NJ Alfred A. Porro Jr. Russell Gerald Bankes Los Angeles, CA Hillel Chodos Dorothy M. Beaman Baltimore, MD Richard W. Kiefer Richard W. Beard Alexandria, LA Robert B. Neblett Jr.

Geoffrey Leonard Philadelphia, PA James J. Rohn Beauchamp

Robert A. Bedore Chicago, IL J. Patrick Doherty Garrard Russ Beeney New York, NY William E. Willis Ida May Peterson Bell Long Beach, CA Toby James Rothschild Wayne S. Bell Los Angeles, CA Alan D. Ross Edward Hart Bergin New Orleans, LA Arthur J. Waechter Jr. Douglas Scott Bishop Traverse City, MI Stuart D. Hubbell Paul David Bjurberg Montgomery, AL Thomas Russell Allison Felicia Duque Black Santa Monica, CA Dorothy W. Westover James Borthwick Kansas City, MO William H. Sanders Sr. Gary Wayne Bowen Anchorage, AK LeRoy Eugene DeVeaux Norman Conrad Brady Houston, TX Grant Cook 290 MONDAY, JANUARY 9. 1984

Applicant City and State Movant

Thomas Richard Brennan Reno, NV Laurence W. McNabney Linda Logan Bryan Jacksonville, FL William Lee Allen * AudreyA 1 Budeit-BlondmT"» 1 " J T"»1 1 Torrington, CT Edward W. Manasse Joel Robin Burcat Harrisburg, PA Frank A. Sinon James Farragher Campbell San Francisco, CA William Beal Dunn Jacqueline Carr Slidell, LA Robert Stuart Robertson Jack J. Carriglio Chicago, IL Thomas Aquinas ForT71 an Samuel T. Cespedes San Juan, PR Rafael Perez- Bachs

T 1 TTT Mark M. Church Millbrae, CA Joseph W. uotcnett Robert Joseph Cleek Lagunitas, CA Isidoor Bornstein

T^V 1 1 Hi i /~i 1 m "VT7 A TT i 1 t~~y Donald Stewart Cohen Tacoma, WA Kenneth G. Kieffer

T A 1 11 / /~i 1 1T7-1T 1 1' James Adelbert Cole Silver Spring, MD William Franklin Edwards Patricia Anne Collins Chicago, IL James Michael t Wallsat«-."ii,-,

1 nomas Drury Cornell Houston, IX brant Cook

TT ' T~» 1 j_ /~11 • T T /~11- 1 Til T"> "1 Kevin Robert Corr Chicago, IL Charles E. Riley III Maggie Correa-Aviles San Juan, PR Ronaldo A. Rodriguez-T"» 1 Ossorio rnilip Chris Corts Cincinnati, (Jrl James Wilham Schlueter

vTi o i Ti T o ty*i Tlomolo XlcIUV lllUIIlats Vw/UUI LIlcj iviid-iiii,m r J_i Odlll 1^ a I licit) Frank T. Crivello iViiiwauKee, wi Daniel R. Riordan

rp 1 ^ „ AT/ Mark William Curnutte luisa, OK Deryl Lee Cotcner James Anthony D'Agostini Rochester, MI Joseph Falcone Louis Lee D'Arminio Hackensack, NJ Judge Alan B. Handler Nelwyn Leone Davis Little Rock, AR Philip E. Kaplan MONDAY, JANUARY 9, 1984 291

Applicant City and State Movant

Ransom J. Davis Baltimore, MD H. Russell Smouse Jerome Michael Day Oklahoma City, Malcome R. Oyler OK Aida M. Delgado Colon San Juan, PR Gerardo Ortiz del Rivero Mark Oliver Denehy Philadelphia, PA Albert L. Bricklin Linda Lee DeMetrick San Francisco, CA William Beal Dunn Ervin Albert DeSmet Jr. Seattle, WA Gordon S. Clinton Martha Sue Dickie Austin, TX Charles Rhoades Burton David Reid Dillon South Point, OH Lloyd Evans Moore Orion Lorenzo Douglass Brunswick, GA N. David Buffington

J. Peter Dowd Chicago, IL Joseph M. Jacobs Ronald L. Drake Washington, DC Vanessa Marie Carpenter Paula G. Drummond Pensacola, FL Charles Sylvanus Rhyne R. Budd Dwyer Meadville, PA Vincent X Yakowicz Warren Hardin Edwards Orlando, FL J. Cheney Mason Daniel Thomas Eismann Homedale, ID R. B. Kading Jr. Craig W. Elhart Traverse City, MI Stuart D. Hubbell Steven Countiss Emens Tuscaloosa, AL George Peach Taylor Thomas Kenwood E quels Miami, FL Reubin O'D. Askew Daniel F. Evans Jr. Indianapolis, IN Don Alan Tabbert Eric D. Fein New York, NY Mitchell Lee Singer Gregory MacDonald Fisher Washington, DC Robert A. Altman Mark Hill Flener Bowling Green, Joseph Russell KY Huddleston Richard Joseph Florino Jr. Somerville, MA Charles Whitney Vining i

292 MONDAY, JANUARY 9, 1984

Applicant City and State Movant j_.ugene jonn r lynn uaiias,Holloa TVia Ww. K.P rseii\T/ail

Dennis E. Fortune Springfield, MA J ames r_ . U JN eil Joanne Eileen Foster beattie, WA Michael Edward 1 aylor Richard L. Fox btrasburg, Un Konald L. uolnns iviicnaei J . r ranK Anchorage, AK Stanley Thomas r iscner Tfl* f T\/rT Paul Victor Gadola r lint, Ml Jonn b. r> eagle Jelirey M. ballagner Madison, Wl Robert Horowitz

Castelar M. Garcia uonejos, I nomas Jr. Uasey Catherine Maureen Garcia Arlington, VA Lee Wilbert Jackson

Alvm Jti. ijreib Lakewood, NJ Eugene Jume

Leo I. George Washington, DC Lawrence J. Bernard Jr.

tt i i pi i i Eliot B. Gersten Hartford, CT Harold Strauch AT A TT" TT 1 1 TT 7 Peter Weston Giannmi Anchorage, AK Harold Wayne Tobey Daniel Givelber Brookline, MA Michael Meltsner T * TIT • 1 /"II T A 1 /~1 A T n yr T l Lisa Weinberg Glazener Los Angeles, CA James M. Leonard Joyce Francine Glucksman Atlanta, GA Steven Geoffrey Glucksman Evelyn Davis Golden Daytona Beach, Joseph Woodrow

T71T TT ± 1 i FL Hatchett Gregg Hannan Stewart Washington, DC David Joseph Golden Hensler Susan Lipphardt Gragel Cleveland, OH Niki Z. Schwartz John W. Greer III Atlanta, GA Hugh G. Head Jr. Daniel Vladimir Gsovski New York, NY Herbert Rubin John Stephen Guttmann Jr. Washington, DC John Norman Hanson Jack 0. Hackett II Punta Gorda, FL Guy Storms Emerich David John Hamilton Tempe, AZ N. Warner Lee Louis A. Haremski Bunalo, NY Richard J. Arcara Leslie A. Harris Washington, DC John H. F. Shattuck Richard Guy Harris Houston, TX James Rhodes Schmitt MONDAY, JANUARY 9, 1984 293

Applicant City and State Movant

R. Michael Hayes Des Moines, IA John F. McKinney Jr. Edward H. Hein New York, NY Richard Rinaldo Dailey Oma Hundro Hester Jr. Hickory, NC Joe Neal Cagle Louis A. Highman San Francisco, CA Joseph Anthony Morales David Charles Hipp Dover, OH J. Dean Carro Robert H. Hishon Atlanta, GA Emmet J. Bondurant II Jeffrey Lee Hoffman Chattanooga, TN Martin Jay Levitt Jerome A. Hoffman Philadelphia, PA Matthew J. Broderick Paul Stuart Hollander Fort Lee, NJ David A. Pressler Thomas F. Homann San Diego, CA Peter Jay Hughes Craig Edward Hoogstra Hackensack, NJ Leonard Peter Rosa Martin Sheldon Horwitz Cleveland, OH Joseph Horwitz Richard Kevin Houlihan Miami, FL Herbert M. Klein Robert Charles Hunt Akron, OH Howard L. Calhoun Ralph D. Huston Austin, TX Martha L. Boston Robert W. Irvine Detroit Lakes, Gerald Stephen MN Rufer Rodney M. Jean Las Vegas, NV Robert M. Buckalew Harold Madison Jennings Bloomington, IL John Thomas Naylor Christopher W. Johnson Frankfort, KY Carl T. Miller Jr. Scott Joel Johnson Orlando, FL William B. Wilson Aidan Drexel Jones Washington, DC Carroll Edward Dubuc Robert B. Jones River Forest, IL Francis A. Even Walter Alton Jones Decatur, GA Thomas R. Moran S. C. Kitchen Brevard, NC Lester Warren Owen Laurence J. Klun Ely, MN Conrad M. Fredin Christopher A. Knepp Houston, TX John H. Smither 294 MONDAY, JANUARY 9, 1984

Applicant City and State Movant

Gary Lloyd Kornfeld Palm Beach, FL James Russell Merola Theodore Martin Kravitz New Hope, PA E. John Wherry Jr. Gerrie Apker Kurtz Phoenix, AZ B. Michael Dann Robert A. Kutcher New Orleans, LA Fred Bronfin Francis E. Lake Jr. New York, NY Joseph F. Porrino Barry Richard Lenk Washington, DC Harvey Yale Smith Nancy Perry Leslie Mobile, AL Wm. Dewitt Reams Barry Lee Levin Los Angeles, CA Julie Bornstein Lee Jay Levine Washington, DC Jan W. Baran Edward F. LeBreton III New Orleans, LA J. Barbee Winston Jon H. Lieberg Pasadena, CA James Hedrick Harmon Susan Badian Lindenauer New York, NY Lenore Gittis Mittelman Lawrence B. Linville Seattle, WA Gordon S. Clinton Albert C. Loebe Washington, DC John DeQ. Briggs III Terence Pennington Lukens Seattle, WA James R. Dickens George Clark Luther Columbus, OH Paul David Cassidy Barry Louis Macha Wichita Falls, TX Jack Gage Banner V. Anne Glynn Mackoul Hackensack, NJ Joseph A. Rizzi George Joseph Mahoney Foster City, CA Douglas Harold Pendleton Albert R. Malanca Tacoma, WA Dennis Sanford Harlowe Bruce Maloy Atlanta, GA Albert M. Horn Daniel Joseph Mangarin San Diego, CA Elaine A. Alexander Robert Jeffrey Manning San Marino, CA Lawrence David Lewis George Savvas Marinos San Diego, CA Anthony Joseph Battaglia Brent Wayne Martin Blytheville, AR John Henderson Bradley MONDAY, JANUARY 9, 1984 295

Applicant nitv anrl ^tatp LlxKJ V a, ILL

James J. Mason Tacoma, WA Montell Eugene Hester Raleigh, NC Thomas Alexander McCormick Cincinnati, OH Gary L. Herfel Thomas Joseph McHugh San Antonio, TX Judge James E. Barlow Maurice J. McWhirter Traer, IA George Atherton Williams Anne Kathleen Mester San Francisco, CA Janice Ellen Ken- Frank Bell Miller III Richmond, VA Douglas Pendleton Rucker Jr. Hilliard Ennis Moldof Fort Lauderdale, Bruce Martin FL Lyons Harvey Y. Morris San Francisco, CA James Calvin Simpson Albert Nicholas Moskowitz Kansas City, MO Raymond C. Conrad Jr. Paula A. Mullaly Trenton, NJ John E. Maziarz Archibald R. Murray New York, NY Kay Crawford Murray Jay Robert Myrow Tucson, AZ Larry Stephen Rosenthal Charles L. Nesbit Pittsburgh, PA Douglas M. Grimes William G. Nolen Houston, TX Susan Stewart Keith Charles Francis O'Brien Los Angeles, CA Robert Charles Packard Dennis Eugene O'Dell Huntsville, AL Patrick H. Graves Jr. J. C. O'Steen Tallahassee, FL Thomas W. Lager Dean Edward Ochiai Honolulu, HI George Haruichi Yamamoto John R. Oostema Grand Rapids, MI Richard B. Baxter James Irvin Palmer Jr. Jackson, MS William A. Allain 296 MONDAY, JANUARY 9, 1984

Applicant City and State Movant

T. J. Pantaleo Los Angeles, CA Robert C. Fortune James Aaron Pardo Jr. Atlanta, GA Griffin B. Bell Eric Michael Pasinkoff New York, NY Jessel Rothman Robert Thomas Pasulka San Diego, CA Richard E. L. Strauss Roy S. Payne Shreveport, LA John T. Cox Jr. Joy Kony Peshkin Weston, CT Andrew Emery Garson Don S. Peterson Milwaukee, WI Roger C. Minahan Cary Blanford Pierce Wheaton, IL Edwin L. Douglas Craig Fredrick Pierce Wheaton, IL Edwin L. Douglas Arthur J. Piken New York, NY Edward J. Kiley Robert W. Piken New York, NY Edward J. Kiley Enrique Luis Pineiro- San Juan, PR Warren Vazquez- Santiago Sanabria Ralph B. Powell Jr. Philadelphia, PA Andrew C. Hecker Jr. David George Radlauer New Orleans, LA Charles William Lane III Jonathan Craig Reed Las Vegas, NV Judge Howard W. Babcock Edward Robert Ricco Albuquerque, NM Robert D. Taichert R. W. Richards Jacksonville, TX LeRue Dixon III Steven Earl Ripstra Jasper, IN Howard B. Lytton Jr. William Adams Robinson San Francisco, CA Harold M. Gross John Bryan Rosenberg Alexandria, VA Bobby B. Stafford Samuel Rosenthal Newark, NJ Jane Deaterly Plaisted Alan H. Ross Philadelphia, PA Joseph R. Thompson James Donald Ross Southfield, MI Michael A. McGrath Thomas George Ross Riverdale, MD Carl Edwin Zentz Charles D. Roush Phoenix, AZ B. Michael Dann Stephen B. Rubin Chicago, IL Lester Asher MONDAY, JANUARY 9, 1984

Applicant City and State Movant

Jason Moore Rui?o St Louis MO Edwin Davis Akers Jr. Robie Georf?e Russell Moscow, ID David H. Leroy Steven C Ruth St Petersburg* Larry Dale Beltz FL Porter Key Ryan Houston, TX Donald Ray Arnett Samuel J. Saltalamacchia Artesia, CA Ronald T. Pohl Patricia K. Schafer Tacoma, WA Ronald Alan Franz Ellen Schall New York, NY Kay Crawford Murray Leonard Dale Schappert Redding, CA Beth Susan Sears Richard G. R. Schickele Albany, CA Joseph T. Sneed H. Lee Schmidt Greeley, CO Amalija J. Hodgins William Henry Schmidt Paramus, NJ Judge Fred C. Galda David A. Schulz New York, NY James Burton Weidner Randall L. Scott Greenbelt, MD Stephen C. Hosea Mark G. Sellers Thousand Oaks, Kenneth Duane CA Lyders Michael Sennett Chicago, IL John Riley Myers Russell William Shannon Alexandria, VA Richard Stair Harrell Karen Elaine Sheffer Bucyrus, OH Kenneth Miller Petri Leslie Shields Knoxville, TN Jackson Carlisle Kramer Andrew J. Shookhoff Nashville, TN Walter Cotton Kurtz

David L. Simmons Indianapolis, IN David J. Theising Mary L. Sinderson Houston, TX Maria Angela Flores Peter B. Skeel Pittsburgh, PA Robert L. Byer Gordon Allen Smith Atlanta, GA Griffin B. Bell Jerome S. Solomon New York, NY Michael D. Brown 298 MONDAY, JANUARY 9, 1984

Applicant City and State Movant

Ronald Dale Staal Bellevue, WA Marilyn McLane Jordan Mitchell Howard Stabbe Washington, DC Dickson Randall Loos David Clark Stebbins Columbus, OH Randall M. Dana Frank Lloyd Steeves Milwaukee, WI Daniel R. Riordan Christine Steiner Baltimore, MD Diana Gribbon Motz Jed Stone Waukegan, IL Joseph W. Griffin David R. Strawbridge Philadelphia, PA Stephen A. Cozen Bradley Ford Stuebing Houston, TX Edward Wilson Stuebing Peter Alan Susser New York, NY William H. Borghesani Jr. Ragan St. Clair Tate Fort Worth, TX Donald Oliver Pratt Hilary Sheldon Taylor Cleveland, OH Thomas Patrick Curran Keith Campbell Thomson Seattle, WA Gordon S. Clinton Thomas Gregory Thornburg Arlington, VA S. Neil Hosenball Philip Hugh Trees Orlando, FL James F. Page Jr. Thomas W. Tucker Augusta, GA Alfred Montague Miller Richard C. Vanglish Dallas, TX George Tomas Rhodus Joseph Bruce Vrbancic San Diego, CA David Neil Aitken Lawrence R. Walders Washington, DC B. Jenkins Middleton Evan J. Wallach Las Vegas, NV Robert M. Buckalew John Holloway Ward Houston, TX George Robert Neely George Arlon Warner Jr. Austin, TX Robert White Gauss Edward Dirk Wegmann New Orleans, LA Arthur J. Waechter Jr. Robert B. Weintraub New York, NY Janet P. Kane Dennis E. Widdis Reno, NV Michael R. Specchio MONDAY, JANUARY 9, 1984 299

Applicant City and State Movant

Ronnie Lee Williams Mobile, AL Phillip Mark Leslie Thomas Rockwell Willson Alexandria, LA Edwin 0. Ware Roy C. Wilson Jr. Los Angeles, CA Joseph E. Cummins Fredric Dean Woocher Los Angeles, CA Justice William J. Brennan Jr. Michael H. Woodell Anchorage, AK John H. Bradbury Myra G. Wrubel Demarest, NJ David A. Pressler Daniel D. Yuhas Springfield, IL David P. Bergschneider Barry A. Zolotar Sacramento, CA Thomas M. Griffin

Admissions to the Bar on Oral Motions

Applicant Citv and State Movant

Steven Thomas Chavez West Saint Paul, Stanley Herbert MN Katz Richard Jennings Cabaniss Atlanta, GA Joseph Gerard Lynch Stuart Alan Rosenfeldt Philadelphia, PA Glenn Matthew Taubman David Edward Kempner Ann Arbor, MI Milton L. Chappell

Oral Arguments

No. 80, Original. State of Colorado, Plaintiff v. State of New Mexico and Paul G. Bardacke, Attorney General of New Mexico. Argued by Mr. Richard A. Simms for the defendants and by Mr. Robert F. Welborn for the plaintiff.

No. 82-1071. Aluminum Company of America, et al, Petitioners v.

Central Lincoln Peoples' Utility District, et al. Argued by Mr. M. Laurence Popofsky for the petitioners, by Mr. Jerrold J. Ganzfried for the federal respondent in support of petitioners, and by Mr. James T. Waldron for the respondents.

No. 82-1150. Howard Ellis, et al., Petitioners v. Brotherhood of Rail- way, Airline and Steamship Clerks, Freight Handlers, Express and

Station Employees, et al. Argued by Mr. Michael E. Merrill for the petitioners and by Mr. Laurence Gold for the respondents. MONDAY, JANUARY 9, 1984 300

No. 82-432. Local No. 82, Furniture and Piano Moving, Furniture Store Drivers, Helpers, Warehousemen and Packers, et al., Petitioners v. Jerome Crowley, et al. Argued by Mr. Gary S. Witlen for the petitioners, by Mr. John H. Garvey for the federal respondent in support of petitioners, and by Mr. Mark D. Stern for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JANUARY 10, 1984 301 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Lloyd Benton Miller Washington, D.C. Marvin J. Sonosky

Opinions

No. 82-91. Immigration and Naturalization Service, Petitioner v. Padungsri Phinpathya. 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 O'Connor. Opinion by Justice Brennan concurring in the judgment with whom Justice Mar- shall and Justice Stevens join.

No. 82-599. Commissioner of Internal Revenue, Petitioner v. Fred L. Engle, et ux. On writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit; and

No. 82-774. Philip D. Farmar, et al., Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit. The judgment in No. 82-599 is affirmed. The judgment in No. 82-774 is reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice O'Connor. Dissenting opinion by Justice Blackmun with whom Justice Brennan, Justice White and Justice Marshall join.

No. 82-849. United States, Petitioner v. Sergio Elejar Mendoza. 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 with the opinion of this Court. Opinion by Jus- tice Rehnquist.

No. 82-1448. United States, Petitioner v. Stauffer Chemical Com- pany. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Rehnquist. Opinion by Justice White concurring in the result. 302 TUESDAY, JANUARY 10, 1984 Oral Argument

No. 82-660. United States, Petitioner v. Harrison P. Cronic. Argued by Mr. Edwin S. Kneedler for the petitioner and by Mr. Steven B. Duke for the respondent. No. 82-1554. Charles E. Strickland, Superintendent, Florida State Prison, et al., Petitioners v. David Leroy Washington. Argued by Ms. Carolyn M. Snurkowski for the petitioners and by Mr. Richard E. Sha- piro for the respondent.

No. 82-1295. Escambia County, Florida, et al., Appellants v. Henry T. McMillan, et al. Argued by Mr. Charles S. Rhyne for the appellants, by Mr. Larry T. Menefree for the appellees, and by Mr. Thomas R. Santurri on motion of certain appellants to dismiss the appeal, sua sponte, at invitation of Court.

No. 82-1643. Interstate Commerce Commission, et al., Petitioners v. American Trucking Associations, Inc., et al. Argued by Mr. Carter G. Phillips for the petitioners and by Mr. Patrick McEligot for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, JANUARY 11, 1984 303 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinions

No. 82-1326. William P. Clark, Secretary of the Interior, et al., Peti- tioners v. California, et al.;

No. 82-1327. Western Oil and Gas Association, et al., Petitioners v. California, et al; and

No. 82-1511. California, et al., Petitioners v. William P. Clark, Sec- retary of the Interior, et al. On writs of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed insofar as it requires federal petitioners to conduct consistency review pursuant to

Coastal Zone Management Act § 307(c)(1) before proceeding with Lease Sale No. 53 and cases 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 Stevens with whom Justice Brennan, Justice Marshall and Justice Blackmun join.

No. 82-357. Michigan, Petitioner v. Raymond Clifford and Emma Jean Clifford. On writ of certiorari to the Court of Appeals of Michigan. Judgment affirmed in part and reversed in part and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Justice Powell announced the judgment of this Court and delivered an opinion in which Justice Brennan, Justice White and Justice Marshall join. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Rehnquist with whom the Chief Justice, Justice Blackmun and Justice O'Connor join.

No. 81-2159. Bill M. Silkwood, Administrator of the Estate of Karen G. Silkwood, Deceased, Appellant v. Kerr-McGee Corporation, etc., et al. Appeal from the United States Court of Appeals for the Tenth Cir- cuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is granted. Judgment with respect to punitive damages is reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice Blackmun with whom Justice 304 WEDNESDAY, JANUAKY 11, 1984

Marshall joins. Dissenting opinion by Justice Powell with whom the Chief Justice and Justice Blackmun join.

Oral Argument

No. 82-1616. United States, Petitioner v. Weber Aircraft Corpora- tion, et al. Argued by Mr. Samuel A. Alito, Jr. for the petitioner and by Mr. Jacques E. Soiret for the respondents.

No. 82-1271. Immigration and Naturalization Service, et al., Peti- tioners v. Herman Delgado, et al. Argued by Mr. Andrew L. Frey for the petitioners and by Mr. Henry R. Fenton for the respondents. No. 81-1374. Barbara Blum, individually and in her capacity as Com- missioner of New York State Department of Social Services, Petitioner v. Ellen Stenson, etc. Argued by Mr. Melvyn R. Leventhal for the petitioner and by Mr. Leon Silverman for the respondent.

No. 82-1565. Bacchus Imports, Ltd., et al., Appellants v. George Freitas, Director of Taxation of the State of Hawaii, et al. Argued by Mr. Frank H. Easterbrook for the appellants and by Mr. William David Dexter for the appellees.

Adjourned until Monday, January 16, 1984 at 10 o'clock. x Certiorari Denied

No. 83-6017. James W. Hutchins, Petitioner v. Sam P. Garrison, Warden. The application for stay of execution of the sentence of death presented to the Chief Justice and by him referred to the Court is denied. The petition for a writ of certiorari to the United States Court of Appeals for the Fourth Circuit is denied. Dissenting statement by Jus- tice Brennan and Justice Marshall. (JOURNAL) MONDAY, JANUARY 16, 1984 305 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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." Appeals—Summary Disposition

No. 82-1899. Trans World Airlines, Inc., Appellant v. New York State Human Rights Appeal Board, et al. Appeal from the Court of Ap- peals of New York. The appeal is dismissed for want of a substantial federal question. Orders in Pending Cases

No. A-470. William P. Clark, Secretary of Interior, et al. , Applicants v. California, etc., et al.; and

No. A-471. Western Oil and Gas Association, et al., Applicants v. California, et al. The motion to vacate the stay heretofore entered by Justice Rehnquist on December 20, 1983 is denied.

No. A-491. Consumer Value Stores, Applicant v. Board of Pharmacy of New Jersey. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

No. A-498. Louisa Edmond, et al., Applicants v. Alan Nelson, etc., et al. The application for stay of deportation addressed to Justice Mar- shall and referred to the Court is denied.

No. A-519. Southeast Volusia Hospital District, et al., Applicants v.

Florida Patient's Compensation Fund, et al. The application for stay addressed to Justice O'Connor and referred to the Court is denied. No. D-367. In the Matter of Disbarment of William F. Treuber. Dis- barment order entered. No. D-372. In the Matter of Disbarment of Joseph Salim Chagra. Disbarment order entered.

No. D-375. In the Matter of Disbarment of Thomas J. Italiano. Dis- barment order entered. No. D-380. In the Matter of Disbarment of Francis Patrick Des- mond. Disbarment order entered.

No. D-391. In the Matter of Disbarment of Irving M. Drobny. It is ordered that Irving M. Drobny, of Chicago, Illinois, be suspended from 306 MONDAY, JANUARY 16, 1984 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-392. In the Matter of Disbarment of Dan Alan Sinema. It is ordered that Dan Alan Sinema, 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.

No. D-393. In the Matter of Disbarment of Charles L. Moushey. It is ordered that Charles L. Moushey, of Alliance, 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-394. In the Matter of Disbarment of Arnold Schlesinger. It is ordered that Arnold Schlesinger, of Beverly Hills, 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-395. In the Matter of Disbarment of Stanley Charles Shapiro. It is ordered that Stanley Charles Shapiro, of Los Angeles, 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. 82-2056. Escondido Mutual Water Company, et al., Petitioners v. La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission

Indians, et al. The motion of the Solicitor General to permit divided argument on behalf of petitioners and on behalf of respondents is granted.

No. 83-185. Sylvia Cooper, et al., Petitioners v. Federal Reserve Bank of Richmond. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-620. United States, Petitioner v. Larry Wayne Rodgers. The motion for appointment of counsel is granted and it is ordered that Al- bert N. Moskowitz, Esquire, of Kansas City, Missouri, is appointed to serve as counsel for the respondent in this case.

No. 83-802. Burlington Northern Railroad Company, et al., Petition- ers v. C. Michael Lennen, etc., et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Jus- tice O'Connor took no part in the consideration or decision of this order. MONDAY, JANUARY 16, 1984 307

No. 83-851. South Street Seaport Museum, etc., Petitioner v. Craig

McCarthy, et al. The motion of National Maritime Historical Society, et al. for leave to file a brief as amici curiae is granted.

No. 83-5778. Mary Louise Ordway, Petitioner v. The Region 13 Men- tal Health-Mental Retardation Commission, etc., et al. The motion of petitioner for leave to proceed in forma pauperis is denied. The petitioner is allowed until February 6, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall, Justice Blackmun and Justice Stevens dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

No. 83-5796. Michael David Crowe, Petitioner v. Georgia. The motion of petitioner for leave to proceed in forma pauperis is denied. The petitioner is allowed until February 6, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 83-747. Washington Metropolitan Area Transit Authority, Peti- tioner v. Paul D. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 83-838. United States, Petitioner v. Paul B. Lorenzetti. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 83-850. United States, Petitioner v. James Connors Karo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

Certiorari Denied

No. 82-1938. California, et al. , Petitioners v. Standard Oil Company of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 308 MONDAY, JANUARY 16, 1984

No. 82-6765. Rudi A. Unterthiner, Petitioner v. Desert Hospital Dis- trict of Palm Springs. Petition for writ of certiorari to the Supreme Court of California denied.

No. 83-414. Charles D. Griggs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-432. Robert H. Gullett, Petitioner v. United States; and

No. 83-616. Marvin Fox, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-435. Wichita Board of Trade, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-475. Ronald Earl Stahl, et al., Petitioners v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-527. International Mooring & Marine, Inc., et al., Petitioners v. Deborah M. Bertrand, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-575. Rose Oliver, et al., Petitioners v. Larry J. McClure, Prosecutor of Bergen County, New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 83-581. Harold Haimowitz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-605. Martha Mills, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-644. Robert C. Hatch, et al., Petitioners v. Reliance Insur- ance Company and John R. Bromley. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-697. Building and Construction Trades Department, AFL- CIO, et al., Petitioners v. Raymond J. Donovan, Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-717. Allen C. Morrow and Sarah F. Morrow, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, JANUARY 16, 1984 309

No. 83-755. Miriam Billings Ledesma, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 83-798. Dionicio Quintanilla, Jr., Petitioners. Scientific-Atlanta, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-799. Dennis J. Lewis, Petitioner v. Brown & Root, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-801. Pickands Mather & Co., etc., Petitioners. Commissioner of Revenue of the State of Minnesota, et al. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 83-803. Martha Franklin Schultz, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-805. Cheryl Wilcox Williams, Petitioner v. Texas Department of Human Resources, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Second Supreme Judicial District, denied.

No. 83-814. Berry & Gore, Ltd., Petitioners. Administrator, Illinois Attorney Registration and Disciplinary Commission. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-819. Shirley Metz, Petitioner v. Tootsie Roll Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-821. White Hydraulics, Inc., et al., Petitioners v. Sauer- Getriebe, KG. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-822. Glenwood Williams, Petitioner v. Washington Metropoli- tan Area Transit Authority. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-823. Clackamas County Housing Authority, et al., Petitioners v. Wallace M. Telford. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-827. Thomas Scott Kapocsi, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-839. John Paul Hawthorne, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 310 MONDAY, JANUARY 16, 1984

No. 83-842. Gerald J. Russell, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 83-843. Kevin Rife, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 83-847. Peter Kourakos, Petitioner v. James H. Tully, Jr., etc., et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 83-852. Eldon E. Bell, Petitioner v. Chester Sellevold, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-856. Doria Mining and Engineering Corporation, Petitioner v.

William P. Clark, Secretary of Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-920. Vincent Gambale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-925. Ralph Frederick Carrico, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-939. Virgil Redmond, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-940. Behring International, Inc., Petitioners. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5402. Thomas D. Gaertner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5484. Fernando Cavazos, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5488. Patrick Joseph Armstrong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5505. Pete Young-Buffalo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, JANUARY 16, 1984 311

No. 83-5537. Wilbert C. Haggins, Petitioner v. Warden, Fort Pillow State Farm. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5541. Ronald Charles Mishmash, et al., Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 83-5575. Hugh Piatt Price, Jr., Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5581. Willie L. Glover, Jr., et al., Petitioners v. Clifford L. Alexander, Jr., Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5621. Clarence S. Strong, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5663. Aimee Brenda Webb, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5749. Tom Yu, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 83-5751. Tom Hercules Pipinos, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 83-5770. Michael C. Antonelli, Petitioner v. Field Enterprises, Inc. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-5771. John Royse, Petitioner v. Corhart Refractories Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-5774. Lee Odis Alford, Petitioner v. Harry Allsbrook, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5782. David Edward Rose, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-5783. Raymond Simpson, Petitioner v. D. F. Isringhausen. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 312 MONDAY, JANUARY 16, 1984

No. 83-5784. Casimir Mally, Petitioner v. Susan Shimer. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5787. Thomas Dixon, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 83-5788. John Williams, Petitioner v. Richard W. DeRobertis, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5789. Frank Shaffer-Corona, Petitioner v. Antionette Alita Smith. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5791. Darrin W. Partlow, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 83-5793. Burl Anderson Howell, Petitioner v. Terri Appling. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5797. Timothy L. Malumphy, Petitioner v. Arizona Board of Pardons and Parole, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5804. Richard Allen Nerison, Petitioner v. Herman Solem,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 83-5827. William B. Brooks, Sr., Petitioners. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-5845. Clayton Kimble and Jules Ron Kimble, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5853. Stephen Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5876. George W. Ochs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 82-2128. American Telephone and Telegraph Company, et al.,

Petitioners v. Litton Systems, Inc., et al. The motion of National Asso- ciation of Regulatory Utility Commissioners 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. MONDAY, JANUARY 16, 1984 313

No. 83-332. County of Los Angeles, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice O'Connor would grant certiorari.

No. 83-512. Milton Sutton, et ux., Petitioners v. Philip R. Bloom. 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. 83-808. Maryland, Petitioner v. Doris Ann Foster. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 83-837. Arizona, Petitioner v. Dennis Earl Routhier. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied.

No. 83-854. Philip G. Nourse, Circuit Court Judge, etc., Petitioners. Florida Department of Health and Rehabilitative Services, et al. The motion of Office of the Public Defender for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari and/or prohibition is denied.

No. 83-5387. Andrew Lee Mitchell, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

-No. 83-5737. Vernon Ray Cooper, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5776. Charles Troy Coleman, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5768. Patrick Dennis Davis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth Judicial Dis- trict, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 83-5891. Richard William Claxton, Petitioner v. Dale Copeland, Warden. Petition for writ of certiorari to the Supreme Court of Arizona denied. Justice O'Connor took no part in the consideration or decision of this petition. Mandamus Denied No. 83-5755. In Re John Tarkowski, Petitioner. Petition for writ of mandamus is denied. 314 MONDAY, JANUARY 16, 1984 Rehearings Denied

No. 83-3. Susanna M. Baginsky, Petitioner v. United States;

No. 83-635. Boyd Veenkant, Petitioner v. Jannett L. Cook, etc., et al.;

No. 83-5415. Robert Darreli Thomas, Petitioner v. United States;

No. 83-5542. In Re Robert Lee Gill, Jr., Petitioner; and

No. 83-5618. Norman Forsyth, Petitioner v. United States. The petitions for rehearing are denied.

Assignment Order An order of the Chief Justice designating and assigning Justice Stew- art (Retired) to perform judicial duties in the United States Court of Appeals for the Third Circuit beginning June 14, 1984, and ending June 15, 1984, and for such further time as may be required to complete unfinished business, pursuant to 28 U.S.C. Sec. 294(a), is ordered entered on the minutes of this Court, pursuant to 28 U.S.C. Sec. 295.

Recess Order

The Court will take a recess from Monday, January 23, 1984, until Tuesday, February 21, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Roger James Agajanian Santa Ana, CA William Sheffield Craig Richard Allen Chattanooga, TN George Lane Foster David Harris Baker Washington, DC Dickson Randall Loos Roger Allan Bargas Albuquerque, NM Alan F. Zvolanek Paul Walker Barrett New Carlisle, OH Stephen Arthur Wolaver Denise Marcelle Beaudry Los Angeles, CA James Raymond Kapel

James R. Bell San Francisco, CA Mark I. Soler Mark Bendet Paterson, NJ Daniel C. Kleeman Frank Andrew Scott Washington, DC William StoU Campbell Hemsley Jr. MONDAY, JANUARY 16, 1984 315

Applicant City and State Movant

David Charles Cannon Detroit, MI John D. O'Hair Patrick Joseph Cannon Chicago, IL Lawrence Harvey Leavitt Donald S. Chisum Seattle, WA Richard W. Seed Charles Commander Clay Marietta, GA Thomas J. Charron Charles Dewey Cole Jr. Garden City, NY Joe J. Fisher Arlene L. Coleman Atlanta, GA Charles H. Ivy Robin S. Conrad Washington, DC Stephen A. Bokat Joel Philip Day Columbus, GA Kenneth Leroy Funderburk David Kirkor Demergian San Diego, CA Donald Leon Starks Samuel Der-Yeghiayan Chicago, IL John D. Ashcroft John Gerard Devlin Philadelphia, PA Francis A. Scanlan Albert R. Dilley Grand Rapids, MI Wallson George Knack Stanley N. Drinkwater III Berlin, NJ Benjamin Simon Goldstein Philip Elberg Montclair, NJ Alan York Medvin Thomas E. English Tulsa, OK Charles P. Gotwals Jr. Marilyn Michele Fournet Alexandria, LA J. M. SmaU Michael Allen Glenn San Francisco, CA Charles E. Townsend Jr. Robin B. Gluck Miami, FL Elizabeth Statuta Baker Alan E. Golomb Mineola, NY Melvin Neil Borowka John Hardin Gray Frankfort, KY William L. Davis George Michael Green Havertown, PA Robert J. Donohue Richard S. Hanlon Bayonne, NJ Ralph James Lamparello James Michael Harris Los Angeles, CA David Richard Ginsburg William A. Harvey Philadelphia, PA Robert J. Reinstein 316 MONDAY, JANUARY 16, 1984

Applicant City and State Movant

John McDowell Howard Jr. Danville, IN J. V. Boles William George Hutul Chicago, IL Richard J. Troy Jeffrey Lee Krivis Los Angeles, CA Bernard Snyder Robert Pitt Lane Phenix City, AL Kenneth Leroy Funderburk Andrew T. Lavin Miami, FL Maurice M. Garcia David E. Lawson Danville, IN J. V. Boles Charles E. Light Jr. Yankton, SD Gerald L. Reade Gary Paul Lightman Philadelphia, PA Robert J. Reinstein Elizabeth A. Lunt Boston, MA Norman Stanley Zalkind Eric Haymes Nelson Houston, TX Chris J. Dixie Hugh O'Neill Washington, DC Fred F. Fielding Richard C. Panciera Westerly, RI John P. Toscano Jr. George Frank Pappas Baltimore, MD H. Russell Smouse Howard Leslie Perlow Baltimore, MD Leslie L. Gladstone Frank Powell Pierce San Antonio, TX Brendan Eugene Gill Michael Francis Pleasants Memphis, TN Frierson M. Graves Jr. James W. Quinn New York, NY R. Bruce Rich Henry W. Rhoads Harrisburg, PA Frank A. Sinon Isabel Rios-Duchesne Springfield, VA Edgard R. Martinez-Gelpi Nick B. Roberts Jr. Gulfport, MS Robert Homer Walker John Henry Rule II Tulsa, OK James M. Sturdivant William M. Scalf Lexington, KY Joe C. Savage Kevin Michael Shea Denver, CO Charles F. Brega Greig R. Siedor Springfield, IL John J. Brunsman Elizabeth J. Stewart Richmond, VA Paul J. Forch Thomas A. Swope Jr. Ebensburg, PA Gerald Patrick Neugebauer Jr. MONDAY, JANUARY 16, 1984 317

Applicant City and State Movant

Stuart Alan Tarlowe Fort Lauderdale, Jeffrey Alan Glass FL Samuel C. Vazquez-Matias San Juan, PR Jose A. Gallart William E. Wallace III Washington, DC John DeQ. Briggs III Frank E. Walta Oklahoma City, Robert H. Macy OK Michael Jiro Watanabe Littleton, CO Thomas J. Curry Alison Colman Weinger Miami, FL Charles L. Colman Walter Weir Jr. Philadelphia, PA Robert J. Reinstein Monroe Weiss New York, NY Arthur N. Lambert James Daniel Williams Jr. Durham, NC William Gaston Pearson II

Kathrine Sara Williamson Alexandria, LA J. M. Small Ernest Allen Wish Los Angeles, CA Bernard Snyder Joseph Michael Young Norfolk, VA Allan S. Reynolds

Admission to the Bar on Oral Motion

Applicant City and State Movant

Barie Lynn Goldstein New York, NY Irwin Goldbloom

Oral Argument

No. 86, Original. State of Louisiana, Plaintiff v. State of Mississippi, et al. Argued by Mr. J. I. Palmer, Jr. for the defendants and by Mr. David C. Kimmel for the plaintiff.

No. 82-687. United States, Petitioner v. Arthur Young & Company, et al. Argued by Mr. Mark I. Levy for the petitioner, by Mr. Carl D. Liggio for the respondent, Arthur Young & Company, and by Mr. Wil- liam E. Jackson for the respondent, Amerada Hess Corp.

No. 82-912. Federal Communications Commission, Appellant v.

League of Women Voters of California, et al. Argued by Mr. Samuel A. Alito, Jr. for the appellant and by Mr. Frederic D. Woocher for the appellees. MONDAY, JANUARY 16, 1984 318

No. 82-1474. Charles R. Hoover, et al., Petitioners v. Edward Ronwin. Argued by Mr. Charles R. Hoover for the petitioners, by Mr. Edward Ronwin for the respondent pro se, and by Mr. Lawrence G. Wallace for the United States as amicus curiae, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JANUARY 17, 1984 319 SUPREME COURT OF THE UNITED STATES

Applicant City and State Movant

Lila Heideman Boston, MA Barbara A. H. Smith Pamela Lynn Hunt Cambridge, MA Barbara A. H. Smith Linda G. Katz Boston, MA Barbara A. H. Smith Opinions

No. 81-1687. Sony Corporation of America, et al., Petitioners v. Uni- versal City Studios, Inc., etc., 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 Stevens. Dis- senting opinion by Justice Blackmun with whom Justice Marshall, Jus- tice Powell and Justice Rehnquist join.

No. 82-1684. Raymond J. Donovan, Secretary of Labor, et al., Ap- pellants v. Lone Steer, Inc. Appeal from the United States District Court for the District of North Dakota. Judgment reversed and case remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist.

No. 82-1453. Ernest Badaracco, Sr., et al., Petitioners v. Commis- sioner of Internal Revenue; and

No. 82-1509. Deleet Merchandising Corp., Petitioner v. United States. On writs of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Blackmun. Dissenting opinion by Justice Stevens. Oral Argument

No. 82-1845. Colorado, Petitioner v. Antonio Guadalupe Nunez. Ar- gued by Mr. Steven Leon Bernard for the petitioner and by Mr. Kenneth H. Stern for the respondent. 320 TUESDAY, JANUARY 17, 1984

No. 82-963. Massachusetts, Petitioner v. Osborne Sheppard. Argued by Miss Barbara A. H. Smith for the petitioner and by Mr. John Reinstein for the respondent.

No. 82-1771. United States, Petitioner v. Alberto Antonio Leon, et al. Argued by Mr. Solicitor General Rex E. Lee for the petitioner, by Mr. Barry Tarlow for the respondent Leon, and by Mr. Roger L. Cos- sack for the respondents Stewart, et al. No. 82-1248. Ellen Schall, Commissioner of New York City Depart- ment of Juvenile Justice, Appellant v. Gregory Martin, et al.; and No. 82-1278. Robert Abrams, Attorney General of New York, Ap- pellant v. Gregory Martin, et al. Argued by Mrs. Judith A. Gordon for the appellants and by Mr. Martin Guggenheim for the appellees.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, JANUARY 18, 1984 321 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Steven Heetland Akre Jefferson City, Charles R. Akre MO

Opinions

No. 82-958. McDonough Power Equipment, Inc., Petitioner v. Billy G. Greenwood, 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 Justice Rehnquist. Concurring opinion by Justice Blackmun with whom Justice Stevens and Justice O'Connor join. Opinion by Justice Brennan concurring in the judgment with whom Justice Marshall joins. No. 82-1200. Daily Income Fund, Inc. and Reich & Tang, Inc., Peti- tioners v. Martin Fox. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Jus- tice Brennan. Opinion by Justice Stevens concurring in the judgment.

No. 82-556. Press-Enterprise Company, Petitioner v. Superior Court of California, Riverside County. On writ of certiorari to the Court of Appeal of California, Fourth Appellate District. Judgment vacated and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by the Chief Justice. Concurring opinion by Justice Blackmun. Concurring opinion by Justice Stevens. Opinion by Justice Marshall concurring in the judgment. Oral Argument

No. 82-1349. United States, Petitioner v. S. A. Empresa De Viacao Aerea Rio Grandense (Varig Airlines); and United States, Petitioner v.

Emma Rosa Mascher, et al.; and

No. 82-1350. United States, Petitioner v. United Scottish Insurance

Co. , et al. Argued by Mr. Kenneth S. Geller for the petitioners and by Mr. Richard F. Gerry for the respondents. 322 WEDNESDAY, JANUARY 18, 1984

No. 82-1213. New York, Petitioner v. Benjamin Quarles. Argued by Mr. Steven J. Rappaport for the petitioner, by Mr. David A. Strauss for the United States as amicus curiae, by special leave of Court, and by Mr. Steven J. Hyman for the respondent.

No. 82-1651. Crispus Nix, Warden, Petitioner v. Robert Anthony Williams. Argued by Mr. Brent R. Appel for the petitioner, by Ms. Kathryn A. Oberly for the United States as amicus curiae, by special leave of Court, and by Mr. Robert Bartels for the respondent.

No. 82-1724. New York, Petitioner v. Robert Uplinger and Susan Butler. Argued by Mr. Richard J. Arcara for the petitioner and by Mr. William H. Gardner for the respondents.

Adjourned until Monday, January 23, 1983 at 10 o'clock. x (JOURNAL) MONDAY, JANUARY 23, 1984 323 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Jus- tice O'Connor. Justice Brennan said: "Today's orders of the Court have been certified by me, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-593. Ellsworth Freight Lines, Inc., et al., Appellants v. State Tax Commission of Missouri. Appeal from the Supreme Court of Mis- souri. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5830. William Pat Pointon, et al, Appellants v. Fidelity Na- tional Bank, National Association. Appeal from the United States Court of Appeals for the Tenth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5948. Richard Velasquez, Appellant v. Colorado. Appeal from the Supreme Court of Colorado. The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition

No. 81-2065. Gerrit J. Van Dissel, et al., Petitioners v. Jersey Cen- tral Power & Light Company. On petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Superior Court of New Jersey, Appellate Division, for further consideration in light of Silkwood v. Kerr-McGee Corporation, 464 U.S. (1984).

No. 82-1592. Melvyn I. Weiss, Custodian for Gary Michael Weiss, Petitioner v. Temporary Investment Fund, Inc., et al. On petition for writ of certiorari to the United States Court of Appeals for the Third 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 Third Circuit for further consideration in light of Daily Income Fund, Inc. v. Fox, 464 U.S. (1984). 324 MONDAY, JANUARY 23, 1984

No. 82-1873. Commissioner of Internal Revenue, Petitioner v. Alfonzo L. Dowell, et ux. 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 without prejudice to the respondents to raise the issue of the jurisdiction of the Court of Appeals to review the judgment of the Tax Court. Justice Ste- vens would deny certiorari.

No. 82-1877. Immigration and Naturalization Service, Petitioner v. Mario Valderrama Litonjua; and Immigration and Naturalization Serv- ice, Petitioner v. Antolin Punsalan Pangilinan, et al. 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 judgments are vacated and the case is remanded to the United States Court of Ap- peals for the Ninth Circuit for further consideration in light of United States v. Mendoza, 464 U.S. (1984).

No. 82-2117. Connecticut, Petitioner v. Frederick Schonagel. On petition for writ of certiorari to the Supreme Court of Connecticut. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Connecticut for further 7 consideration in light of Michigan v. Clifford, 464 U.S. ^ (1984).

No. 83-5165. Lester Zeisler, Petitioner v. Illinois. On petition for writ of certiorari to the Appellate Court of Illinois, Third District. 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 Appellate Court of Illinois, Third District, for further consideration in light of Michigan v. Clifford, 464 U.S. (1984).

Orders in Pending Cases

No. — . Geneva H. Sayles, Petitioner v. Gerhard A. Gesell, Judge, United States District Court for the District of Columbia. The motion to direct the Clerk to file petition for writ of certiorari, out-of-time, is denied. No. D-373. In the Matter of Disbarment of Daniel Christopher Perri. Disbarment order entered. No. D-387. In the Matter of Disbarment of Irving Mandell. Disbar- ment order entered.

No. D-396. In the Matter of Disbarment of Samuel McMorris. It is ordered that Samuel McMorris, of Oakland, CaUfornia, be suspended MONDAY, JANUARY 23, 1984 325 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-397. In the Matter of Disbarment of Laurence Edgar Bergman. It is ordered that Laurence Edgar Bergman, of Ft. Collins, 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. 81-1109. Robert W. Kirk Associates, Inc., Petitioner v. Jesse

Holcomb, et al. The motion of respondent Holcomb to set time for filing attorneys' fee application is denied without prejudice to applying for the relief in the United States Court of Appeals for the Eleventh Circuit.

No. 82-1795. Capital Cities Cable, Inc., et al., Petitioners v. Richard A. Crisp, Director, Oklahoma Alcoholic Beverage Control Board. The motion of petitioners Cox Cable of Oklahoma City, Inc., et al. for assignment of counsel for oral argument is denied.

No. 83-245. Pension Benefit Guaranty Corporation, Appellant v. R. A. Gray & Company; and No. 83-291. Oregon-Washington Carpenters-Employers Pension Trust Fund, Appellant v. R. A. Gray & Company. The motion of Na- tional-American Wholesale Grocers' Association for leave to file a brief as amicus curiae in No. 83-291 is granted. The motion of Chamber of

Commerce of the United States of America for leave to file a brief as amicus curiae in No. 83-291 is granted. The motion of Transport Motor

Express, Inc., et al. for leave to file a brief as amici curiae in No. 83- 291 is granted. The motion of G & R Roofing Company for leave to file a brief as amicus curiae in No. 83-291 is granted. The motion of Sibley, Lindsay and Curr Company for leave to file a brief as amicus curiae in No. 83-291 is granted. The motion of Republic Industries, Inc. for leave to file a brief as amicus curiae in No. 83-291 is granted. No. 83-328. James Mabry, Commissioner, Arkansas Department of

Correction, Petitioner v. George Johnson. The motion for appointment of counsel is granted and it is ordered that Richard Quiggle, Esquire, of Little Rock, Arkansas, is appointed to serve as counsel for the respondent in this case.

No. 83-498. G. Michael Brown, etc., et al, Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al.; and

No. 83-573. Martin Danziger, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, 326 MONDAY, JANUARY 23, 1984

et al. The motion of Atlantic City Casino Hotel Association, et al. for

leave to file a brief as amici curiae in No. 83-573 is granted.

No. 83-690. William V. Musto, Frank Scarafile and John J. Powers, Petitioners v. United States. The motion of petitioners to consolidate case with No. 82-2140, Hobby v. United States, is denied.

No. 83-712. New Jersey, Petitioner v. T.L.O. The motion of National School Boards Association for leave to file a brief as amicus curiae is

granted. The motion of Washington Legal Foundation for leave to file a brief as amicus curiae is granted. The motion of New Jersey School Boards Association for leave to file a brief as amicus curiae is granted.

No. 83-5867. Dumitru D. Carstea, et al., Petitioners v. Poplar Tree Homeowners Association. The motion of petitioners for leave to proceed in forma pauperis is denied. The petitioners are allowed until February 13, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

No. 83-5868. Dumitru D. Carstea, Petitioner v. Poplar Tree Home- owners Association. The motion of petitioner for leave to proceed in forma pauperis is denied. The petitioner is allowed until Feburary 13, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 83-614. Securities Industry Association, Petitioner v. Board of

Governors of the Federal Reserve System, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 83-916. United States, Petitioner v. Allan Wayne Morton. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted.

No. 83-904. Ohio, Petitioner v. Kenneth M. Johnson. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Ohio granted. MONDAY, JANUARY 23, 1984 327 Certiorari Denied

No. 82-2008. Robert M. Nesmith, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 82-6758. Perry Edward Turner, Jr., Petitioner v. County of Sis-

kiyou, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 83-204. Ronald Jarrett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-258. Sigmund Diamond, Petitioner v. Federal Bureau of In-

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

No. 83-383. Florida, Petitioner v. Suzanne Deconingh. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 83-454. Steven S. Glick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-494. Lloyd Chris Walker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-499. Bernard J. Marcus, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-508. Food Lion, Inc., Petitioner v. Equal Employment

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

No. 83-513. Record Data, Inc., Petitioner v. United States District

Court for the Northern District of Alabama (Jack F. Neal, et al., Real Parties in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-585. Rex C. Cauble, etc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-600. Gary D. Apker, Calvin Davenport, Raymond Gearhart, etc., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 328 MONDAY, JANUARY 23, 1984

No. 83-641. Bristol Corporation, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-658. Gary Halbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-672. Frederick E. Althiser, et al., Petitioners v. New York

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

No. 83-674. Melvin E. Mann and John Michael Mann, Petitioners v. Federal Crop Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-676. Sam Raybum Dam Electric Cooperative, Inc., Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-691. Nada Novakovich Aluevich, Petitioner v. Harrah's, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 83-719. Peter Duro, Petitioner v. District Attorney, Second Ju- dicial District of North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-730. Water Transport Association, 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. 83-736. Leo J. Clifford, et al., Petitioners v. Andrew G. Grutka, etc. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied.

No. 83-758. Angeles Ramonita Garcia, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 83-781. Timothy Tilton, et al., Petitioners v. Jefferson County

Board of Education, et al.; and

No. 83-893. Jefferson County Board of Education, et al., Petitioners

v. Timothy Tilton, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-840. Georgia-Pacific Corporation, Petitioner v. Robert

Boykin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JANUAEY 23, 1984 329

No. 83-846. Connecticut, Petitioner v. Neil J. Thompson, et al. Peti- tion for writ of certiorari to the Supreme Court of Connecticut denied.

No. 83-862. Jimmy Ammons, Petitioner v. Billy Wayne Baldwin. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-868. Allan E. Palmer, Petitioner v. City of Seattle. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.

No. 83-869. Daniel Avery Teat, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-873. James Davis Sorrels, Petitioner v. J. Ray McDermott, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-878. Robert W. Hadley, Petitioner v. County of Du Page, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-882. George Miskovsky, Petitioner v. Tulsa Tribune Com- pany, et al. Petition for writ of certiorari to the Supreme Court of Okla- homa denied.

No. 83-883. George Miskovsky, Petitioner v. World Publishing Com- pany, et al. Petition for writ of certiorari to the Supreme Court of Okla- homa denied. No. 83-884. Dan V. McKaskle, Acting Director, Texas Department of Corrections, Petitioner v. Larry Plunkett. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-887. Junior S. Jackson, Petitioner v. Consolidated Rail Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-895. Vaughn Pearson, Petitioner v. Columbia Briargate Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-896. Gary L. Shively, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-913. Kay Ann Krogul, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 83-917. Natalie Kroog, Petitioner v. Steven Mait, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. 330 MONDAY, JANUARY 23, 1984

No. 83-923. Adele Martin, Petitioner v. Alaska; and Neal Wayne Olson, Petitioner v. Alaska. Petition for writ of certiorari to the Court of Appeals of Alaska denied.

No. 83-928. Shirley McGaughey, etc., et al., Petitioners v. Mark Zigoris. Petition for writ of certiorari to the Supreme Court of Ken- tucky denied.

No. 83-934. Victor Greger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-957. Yard-Man, Incorporated, Petitioner v. International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-961. Conrad H. Schellong, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-964. McClelland C. Smith, Petitioner v. William C. Conner,

Judge, United States District Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 83-966. Faith Center, Inc., Petitioner v. Federal Communica- tions Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-970. Frank M. Pianko, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-974. John Douglas, Petitioner v. Margaret M. Heckler, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-987. Gary S. Ball and John Hanna Brownfield, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-999. James Gaudio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1001. Arlan Lamar Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JANUARY 23, 1984 331

No. 83-1029. Mitsue Takahashi, Petitioner v. Governing Board of the Livingston Union School District, et al. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

No. 83-5324. Ralston Greene, Petitioner v. Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5377. David Wilkins, Petitioner v. Howard N. Lyles, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5388. Antonio Mareno, Petitioner v. Edward D. Re. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5403. John Pussay, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-5472. Anthony Trignani, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5475. Samuel Blyther, Petitioner v. Superior Court of the

District of Columbia, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5501. Francis Dillon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5525. Sam Wages, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5527. Arthur Wayne Baldwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5538. William Harrison Givens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5553. John Andrew Lopata, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5579. Ivory Joe Glover, Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 332 MONDAY, JANUARY 23, 1984

No. 83-5602. William Johnson, Jr., Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5625. Robert Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5696. Rodney B. Caulton, Petitioner v. Hospital of the Good Samaritan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5697. Ricky Bryant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5718. Bernard Henderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5739. Walter W. Bennett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5750. Tyronne Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5765. Lester Lavert Johns, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-5794. Larry Beard, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County, denied.

No. 83-5802. Milton Merle Milburn, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second Supreme Judicial District, denied.

No. 83-5807. Alvin L. Wideman, Petitioner v. Frederick Butter- worth, Warden. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5810. Welton Thomas, Petitioner v. Ruben M. Torres, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5813. Ronald Ray McMillion, Petitioner v. Warden, Maryland Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, JANUARY 23, 1984 333

No. 83-5816. Owen L. Gallagher and James H. Parsells, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5823. Willard Broxson, Petitioner v. Florida Parole and Pro-

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

No. 83-5838. Edward Schuster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5842. Jerome Blair Freeman, Petitioner v. Ronald C. Mar- shall, Superintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-5850. Jimmy Wayne Carpenter, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth Supreme Judicial District, denied.

No. 83-5852. Donald Schanbarger, Petitioner v. Third Appellate Di- vision of the New York State Supreme Court. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 83-5854. Raymond Mango, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-5858. Robert Murcer, Petitioner v. E. W. Jones, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5859. Robert Lee Sands, Petitioner v. Herman C. Davis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5860. Melvin Surgeon, Petitioner v. Rae H. McNamara, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5862. Paul Richard Manko, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5863. Clyde Pickard, Jr., Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-5864. Michael C. Etchison, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied. 334 MONDAY, JANUARY 23, 1984

No. 83-5865. Hakim Abdullah, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 83-5873. Donald Richard Maghe, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5875. Richard Hunter, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-5887. Obie J. McAlpin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5892. Edson L. Whipple, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5894. Thomas Michael Plagmann, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5896. J. W. McQueen, Petitioner v. C. Crews, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5901. Rose Marie T. Lehmer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5903. Douglas Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5904. Raymond Koon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5920. George Herman Ruth, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5922. Ronald R. Lehmer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5925. Frank Hunter, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 83-5926. David Perdue, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. MONDAY, JANUARY 23, 1984 335

No. 83-5932. Carmen Labruna, Petitioner v. United States Marshal, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5934. Roscoe Good, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5937. Robert Kent Stapf, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5938. Paul Durham-Morgan, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5950. Nonna Osipova, Petitioner v. Edward R. Dudley, Chief Justice of the Supreme Court of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5953. Louis Donate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-5957. David I. Garris, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 82-1800. Connecticut, Petitioner v. Georgios Zindros. Petition for writ of certiorari to the Supreme Court of Connecticut denied. The Chief Justice would grant certiorari. No. 83-538. Novelties Distribution Corporation and New Jersey Manufacturers Insurance Company, Petitioners v. Anthony Molee, et al. The motion of respondent Anthony Molee for approval of attorney's fees is denied without prejudice to applying for the relief in the United States Court of Appeals for the Third Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-661. William Robert Shoun, 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. 83-678. Joseph Magnin Company, 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 denied. Justice O'Connor would grant certiorari. 336 MONDAY, JANUARY 23, 1984

No. 83-685. Marine Corps Exchange and Commercial Union Insur- ance Company, Petitioners v. Director, Office of Workers' Compensa- tion Programs, United States Department of Labor, et al. The motion of respondent Elton Morgan for approval of attorney's fees is denied without prejudice to applying for the relief in the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-877. Curtis H. Johnson, et ux., etc., et al., Petitioners v. First National Bank of Montevideo, Minnesota. 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. 83-5278. Robert Eagle Elk, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Marshall would grant certiorari.

No. 83-5678. Daniel Howze, Petitioner v. Ronald C. Marshall, Super- intendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Marshall would grant certiorari.

No. 83-5626. Ronald Clark O'Bryan, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. The motion of

Washington 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 Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5735. Sylvester Wilson, Petitioner v. United States; and Leon

Turner, Jr. , Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Blackmun would grant certiorari.

No. 83-5815. Steven Roy Harper, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-5840. Carl Jackson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. No. 83-5912. Donald Eugene Harding, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-5945. John Michael, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, JANUARY 23, 1984 337 Mandamus Denied

No. 83-899. In Re Edward Ronwin. Petition for writ of mandamus denied. Justice Rehnquist and Justice O'Connor took no part in the consideration or decision of this petition.

Rehearings Denied

No. 82-6729. Girvies Davis, Petitioner v. Illinois; No. 83-131. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Arthur Frederick Goode, III;

No. 83-555. Russell Stover Candies, Inc., Appellant v. Department of Revenue of the State of Montana;

No. 83-609. Alpha Blair and Richard Blair, Petitioners v. Larry Boulger;

No. 83-5411. Eula Banks, Petitioner v. Alabama;

No. 83-5477. Cassie Mae Yelverton, Petitioner v. Blue Bell, Inc.;

No. 83-5497. Virginia C. Kish, Petitioner v. Helen Benedek, etc., et al.;

No. 83-5620. Thomas G. Dean, Appellant v. United States; and

No. 83-5666. George Srubar, et ux., Petitioners v. Department of the Treasury, Internal Revenue Service. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Wm. Ward Allen Jr. Bowling Green, Gordon Lee KY Johnson Jerry W. Amos Greensboro, NC William Glenn McNairy Penny H. Brill Miami, FL Paul Mendelson Steve Brutsche Dallas, TX Lawrence Ray Jones Jr. Mary C. Carroll Oakmont, PA Cynthia M. Maleski Michael James Casey Somerville, MA Wayne Adams Perkins Peter Kevin Castel New York, NY Floyd Abrams 338 MONDAY, JANUARY 23, 1984

v^ity ana oiace Movant

Michael E. Caudill Bowling Green, David Frank KY Broderick Jonathan S. Cole Seattle, WA Raymond H. Thoenig Wayne A. Condict Santa Ana, CA Robert Lawton Risley Donna Lee Dagnall Springfield, IL John J. Brunsman Marc Louis Antoine Houston, TX George Edward Delflache Glober Jr. Frances Dubrowski Washington, DC James Taylor Banks Alan William Duncan Greensboro, NC Larry Bruce Sitton Hearst R. Duncan Jr. Des Moines, IA Robert Green Riley Peter Benjamin Ellis Cambridge, MA J. Harold Flannery, Jr. Richard W. EUis Raleigh, NC Larry Bruce Sitton George N. Fell II Toledo, OH Edward Albert VanGunten Robert M. Fertel Cleveland, OH Sanford J. Berger Jay Gould Fischer Downingtown, PA John J. Duffy Charles Merle Gile Oklahoma City, John Maguire OK Dowd Bruce Martin Ginsburg Philadelphia, PA Stephen Robert LaCheen Charles Carnahan Goetsch New Haven, CT Robert C. Zampano Kevin A. Griffin Silver Spring, MD Marvin J. Sonosky Arlene Pianko Groner Washington, DC Jerome M. Feit John Harold Gross Northport, NY Thomas J. Cote Jack Frederick Grove Hamilton, OH John Frederick Holcomb Ron Foster Gurvitz Los Angeles, CA Robert Howard Goldstein Clinard J. Hanby Houston, TX Robert B. Wallis Stephen C. Hansen Woodinville, WA Harry Brisacher Jr. MONDAY, JANUARY 23, 1984 339

Applicant City and State Movant

Thomas D. Hanson Des Moines, IA Mark E. Schantz David H. Hardwicke Oklahoma City, Andrew M. Coats OK Gregory A. Hartman Portland, OR Don S. Willner T. Gerald Henderson Alexandria, LA Edwin 0. Ware Jorge Hevia Jr. Miami, FL Antonio E. Alonso Donald Carlyle Hill Genoa, NV Calvin R. X. Dunlap Esther J. Horwich Boston, MA Samuel Horwich Robert Nathaniel Jenkins Greenville, SC Willie T. Smith Jr. Sr. James Fletchic Kane Peoria, IL Walter Winfield Winget II Abraham F. Kay Cleveland, OH Steven A. Sindell Mary F. Keller Austin, TX David Read Richards Laura Metcoff Klaus Washington, DC David Brooks Hopkins Craig Hayden Kronman San Francisco, CA K. Bruce Friedman Jorge Labarga West Palm Beach, Paul Othneil FL Moyle III Paul Edward Levy Boise, ID Donald Mitchell Irene Pigman Long Bedford, KY Virginia R. Collins Burbank Louis C. Long Pittsburgh, PA Kim Darragh Harry Lewis MacPherson Fairfax, VA Francis Aloysius III McDermott Thomas Dunseath Maher Washington, DC Harvey L. Pitt Mack Kelly Martin Oklahoma City, John Maguire OK Dowd Lorraine J. May Des Moines, IA Robert Green Riley Michael Joseph McCaney Harrisburg, PA Spencer A. Jr. Manthorpe John McClorey Somerset, KY Thomas C. Spraul Sean T. McGowan Las Vegas, NV D. Brian McKay W. Douglas Moody Jr. Tallahassee, FL Michael I. Schwartz 340 MONDAY, JANUARY 23, 1984

Applicant City and State Movant

Timothy C. Moynahan Waterbury, CT James Francis Meenan Alan J. Munn San Jose, CA Howard Michael Levin James Jacob Myrick Chicago, IL Francis A. Even Clifford H. Nelson Jr. Atlanta, GA Richard Heller John Cowles Peirce Washington, DC John S. Kingdon Virginia Ann Pickett Spokane, WA Leo J. Driscoll Marc R. Poirier Washington, DC Robert C. McDiarmid

John G. Proudfit New York, NY Ezra I. Bialik James Morris Radabaugh Troy, MI John Robert Runyan Jr. Thomas Edward Reinert Washington, DC Harry Anthony Jr. Rissetto Richard Robert Riese Pittsburgh, PA Ralph T. DeStefano Kevin Gregory Roe Hackensack, NJ Frank P. Lucianna John Hansford Ross Kennesaw, GA Charles W. Field David S. Rubin Baton Rouge, LA Byron R. Kantrow Laurence Gavin Schmidt St. Louis, MO Gary Paul Kramer Kyle Schonekas New Orleans, LA Ewell P. Walther Jr. Terry E. Schraeder Houston, TX James Conrad Zalewski Harold H. Simpson II Little Rock, AR John Albert Fogleman David L. Smith Denver, CO Britton White Jr. Henry F. Sobota Albany, NY Norman H. Gross Carlos Soler-Aquino San Juan, PR Nestor D. Ramirez Cuebas Walter G. Spilsbury Jr. Washington, DC John H. Pickering John M. Stuckey Jr. Atlanta, GA Benjamin W. Cotten Robert Ellis Taren Santa Cruz, CA Stephen P. Berzon Ronald Joseph Tavel Indianapolis, IN Irwin J. Prince Dolorin Carl Thomas Oklahoma City, John Maguire OK Dowd MONDAY, JANUARY 23, 1984 341

Applicant City and State Movant

L. Andrew Tollin Washington, DC Daniel McMullen Armstrong III Hugh J. Turner Jr. Miami, FL Earl DeWitt Waldin Jr. Richard S. Vale Metairie, LA George R. Blue Glen E. VanSlyke III Houston, TX Jacob E. Johnson Susan Winshall Southfield, MI Ronald Reosti Michael S. Wolf Baton Rouge, LA Robert Dean Hoover Grisel Ybarra Miami, FL Lister Withprsnoon IV Marceil D. Yeater Agana, GU Charles Henry Troutman III

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Clyde A. Romney Washington, DC Solicitor General Rex E. Lee Kathryn Kay Shearin Washington, DC Lenore Hopewell Cameron Sherry Lane Tourino Los Angeles, CA Joseph W. Kastl Robert Clarence White San Diego, CA Richard Alsina Fulton Charles R. Conway III Pittsburgh, PA Joseph F. Cassarino Edgar D. Coffman Arlington, VA Robert C. Watson Warren Wilson McLain Fairfax, VA Robert C. Watson

Opinions

No. 82-1135. Dan V. McKaskle, Acting Director, Texas Department of Corrections, Petitioner v. Carl Edwin Wiggins. 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 Jus- tice O'Connor. Justice Blackmun concurs in the result. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join. 342 MONDAY, JANUARY 23, 1984

No. 81-2101. Pennhurst State School and Hospital, et al., Petitioners

v, Terri Lee Halderman, et al. On writ of certiorari to the United States Court of Appeals for the Third 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 Powell. Dis- senting opinion by Justice Brennan. Dissenting opinion by Justice Ste- vens with whom Justice Brennan, Justice Marshall and Justice Blackmun join.

No. 82-738. Ethel D. Migra, Petitioner v. Warren City School Dis- trict Board of Education, 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 so that it may instruct the United States District Court for the Northern District of Ohio to conduct such further proceedings as are required by, and are consistent with, the opinion of this Court. Opinion by Justice Blackmun. Concur- ring opinion by Justice White with whom the Chief Justice and Justice Powell join.

No. 82-1095. R. Pulley, Warden, Petitioner v. Robert Alton Harris. 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 White. Opinion by Justice Stevens concurring in part and concurring in the judgment. Dissenting opinion by Jus- tice Brennan with whom Justice Marshall joins.

No. 82-500. Southland Corporation, et al., Appellants v. Richard D. Keating, et al. Appeal from the Supreme Court of California. Appeal dismissed in part; judgment reversed in part and case remanded to the Supreme Court of California for further proceedings not inconsistent with the opinion of this Court. Opinion by the Chief Justice announced by Justice Brennan. Opinion by Justice Stevens concurring in part and

dissenting in part. Dissenting opinion by Justice O'Connor with whom ! Justice Rehnquist joins.

Adjourned until Tuesday, February 21, 1984 at 10 o'clock. x (JOURNAL) WEDNESDAY, JANUARY 25, 1984 342A SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Certiorari Denied

No. 83-6155. Anthony Antone, Petitioner v. R. L. Dugger, Super- intendent, Florida State Prison, et al. The application for stay of execution of sentence of death is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Opinion per curiam. Concurring opinion by Justice Stevens. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) TUESDAY, FEBRUARY 21, 1984 343 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 82-1888. Volkswagenwerk Aktiengesellschaft, Appellant v. Jo- seph Falzon, et al. Appeal from the Supreme Court of Michigan. The appeal is dismissed for want of jurisdiction.

No. 83-1076. National Enquirer, Inc., Appellant v. Carol Burnett. Appeal from the Court of Appeal of California, Second Appellate Dis- trict. The appeal is dismissed for want of jurisdiction.

No. 83-1205. Robert Hicks, Appellant v. Pennsylvania. Appeal from the Supreme Court of Pennsylvania, Western District. The appeal is dismissed for want of jurisdiction.

No. 83-165. York International, et al., Appellants v. Alabama Oxy- gen Company, Inc. , et al. Appeal from the Supreme Court of Alabama. The judgment is vacated and the case is remanded to the Supreme Court of Alabama for further consideration in light of Southland Cor- poration v. Keating, 465 U.S. (1984). Justice O'Connor would affirm the judgment.

No. 83-786. Richard S. Small, Appellant v. Board of Examiners of the Nevada State Bar. Appeal from the Supreme Court of Nevada. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-971. Robert V. Rafter, Appellant v. Elizabeth R. Higgins and George B. Fargis. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1069. Frank R. Sargent, Appellant v. Great American Insur- ance Company. Appeal from the Court of Appeal of California, Second Appellate District. The appeal is dismissed for want of jurisdiction. 344 TUESDAY, FEBRUARY 21, 1984

Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5908. Billy Junior Allen, Appellant v. Iowa. Appeal from the Supreme Court of Iowa. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6021. Alan N. Rogers, Appellant v. Timothy Scott Farquar. Appeal from the Court of Appeal of California, Fourth Appellate Dis- trict. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-818. Joseph L. Dautremont, Jr. and Delores A. Dautremont, Appellants v. County of Ventura. Appeal from the Court of Appeal of California, Second Appellate District. The appeal is dismissed for want of a substantial federal question.

No. 83-931. Don A. Allen, Sr., et al., Appellants v. Board of Admin- istration of the Public Employees' Retirement System. Appeal from the Supreme Court of California. The appeal is dismissed for want of a substantial federal question.

No. 83-1106. C'est La Place, Appellant v. Groner Apartments. Ap- peal from the Court of Appeal of Louisiana, Third Circuit. The appeal is dismissed for want of a substantial federal question.

No. 83-1131. John Christen Torjesen, Appellant v. Len Young Smith. Appeal from the Appellate Court of Illinois, Fifth District. The appeal is dismissed for want of a substantial federal question.

No. 83-5528. Bryon Buhse, Appellant v. Lisa Krueger. Appeal from the Supreme Court of Wisconsin. The appeal is dismissed for want of a substantial federal question.

No. 83-5573. Charles Young, Appellant v. Texas. Appeal from the Court of Criminal Appeals of Texas. The appeal is dismissed for want of a substantial federal question.

No. 83-870. Connecticut, et al, Appellants v. United States, et al. Appeal from the United States Court of Appeals for the Second Circuit. The judgment is affirmed.

Certiorari—Summary Disposition

No. 83-208. Virgil E. Tompkins, etc., et al., Petitioners v. Lorraine Gargiul. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The petition for writ of certiorari is ,

TUESDAY, FEBRUARY 21, 1984 345 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 Migra v. Warren City School District Board of Education, 465 U.S. (1984).

No. 83-209. Local Division 732, Amalgamated Transit Union, et al. Petitioners v. Metropolitan Atlanta Rapid Transit Authority, et al. 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 Southland Corporation v. Keating, 465 U.S. (1984). Justice O'Connor would deny certiorari.

Orders in Pending Cases

No. A-455. Alpha Otis O'Daniel Stephens, Applicant v. Ralph Kemp, Superintendent, Georgia Diagnostic & Classification Center. The motion of respondent to vacate the stay of execution of sentence of death granted by order of Court is denied.

No. A-552. William Leighton, Applicant v. Elliot Dubowski, etc., et al. The application for stay addressed to the Chief Justice and referred to the Court is denied. No. A-602. Bill Honig, Superintendent of Public Instruction of Cali- fornia, et al., Applicants v. Students of California School for the Blind, et al. The application for stay of injunction pending appeal presented to Justice Powell and by him referred to the Court is denied.

No. A-634. Don Fairfield, Applicant v. United States. The application for stay addressed to Justice Rehnquist and referred to the Court is denied.

No. A-646. William T. Gholson, Applicant v. Texas. The application for stay presented to Justice Brennan and by him referred to the Court is denied. Justice Brennan would grant the application. No. D-366. In the Matter of Disbarment of Joseph C. McMurray. Disbarment order entered. No. D-393. In the Matter of Disbarment of Charles L. Moushey. Charles L. Moushey, of Alliance, 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 admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on January 16, 1984, is hereby discharged. No. D-398. In the Matter of Disbarment of Eugene Lee Armentrout. It is ordered that Eugene Lee Armentrout, of West Dundee, Illinois, 346 TUESDAY, FEBRUARY 21, 1984 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-399. In the Matter of Disbarment of Thomas Petigru Lesesne, III. It is ordered that Thomas Petigru Lesesne, III, of Charleston, South 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-400. In the Matter of Disbarment of Andrew White Pracht. It is ordered that Andrew White Pracht, of Eglin, 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-401. In the Matter of Disbarment of Robert Kyle Ballard, Jr.. It is ordered that Robert Kyle Ballard, Jr., of Carson, 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-405. In the Matter of Disbarment of Peter Gettinger. It is ordered that Peter Gettinger, 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. 35, Original. United States of America, Plaintiff v. States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida. The Report of the Special Master on the Rhode Island boundary is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed by the parties within 45 days. Replies to such Exceptions, with supporting briefs, may be filed within 30 days.

No. 84, Original. United States of America, Plaintiff v. State of Alaska. The Report of the Special Master on motion of Inupiate Com- munity of the Arctic Slope, et al. for leave to intervene is received and ordered filed.

No. 95, Original. State of Arkansas, Plaintiff v. State of Oklahoma. The motion of Pennsylvania for leave to file a brief as amicus curiae, out-of-time, is granted. The motion for leave to file a bill of complaint is denied. TUESDAY, FEBRUARY 21, 1984 347

No. 97, Original. State of Louisiana, Plaintiff v. The Western Re- serve Historical Society. The motion for leave to file a bill of complaint

is denied.

No. 82-1295. Escambia County, Florida, et al., Appellants v. Henry

T. McMillan, et al. The motion of appellants Kenneth J. Kelson, et al.

for leave to file response to supplemental brief of appellees is denied.

No. 82-1349. United States, Petitioner v. S. A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines) and United States, Petitioner v. Emma Rosa Mascher; and

No. 82-1350. United States, Petitioner v. United Scottish Insurance

Co., et al. The motion of respondent S.A. Empresa de Viacao Aerea Rio Grandense for leave to file a supplemental brief after argument is granted.

No. 82-1721. Seattle Times Company, et al., Petitioners v. Keith Mil-

ton Rhinehart, et al. The motion of respondent Keith Milton Rhinehart to present oral argument pro se and for divided argument is denied. The motion of Malcolm L. Edwards, Esquire, to permit Haim Habib, Esquire, to present oral argument pro hac vice on behalf of respondents is denied.

No. 82-1795. Capital Cities Cable, Inc., et al., Petitioners v. Richard A. Crisp, Director, Oklahoma Alcoholic Beverage Control Board. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. The motion of the Solicitor General to permit Michael W. McConnell, Esquire, to present oral argument pro hac vice on behalf of the Federal Communi- cations Commission as amicus curiae is granted.

No. 83-218. Amos Reed, etc. and the Attorney General of North Car- olina, Petitioners v. Daniel Ross. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-271. National Collegiate Athletic Association, Petitioner v. Board of Regents of the University of Oklahoma and University of Georgia Athletic Association. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-226. Arizona, Petitioner v. Dennis Wayne Rumsey. The mo-

tion for appointment of counsel is granted and it is ordered that James R. Rummage, Esquire, of Phoenix, Arizona, is appointed to serve as counsel for the respondent in this case. 348 TUESDAY, FEBRUARY 21, 1984

No. 83-904. Ohio, Petitioner v. Kenneth M. Johnson. The motion for appointment of counsel is granted and it is ordered that Albert L. Purola, Esquire, of Willoughby, Ohio, is appointed to serve as counsel for the respondent in this case.

No. 83-461. Club Mediterranee, S. A., Appellant v. Marjorie Schlossberg Dorin and Philip Dorin. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-498. G. Michael Brown, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al.; and

No. 83-573. Martin Danziger, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al. The motion of National Right to Work Legal Defense Foundation for leave to file a brief as amicus curiae is granted.

No. 83-558. Irving Independent School District, Petitioner v. Henri Tatro, et ux., Individually and as next friend of Amber Tatro, a Minor. The motion of American Association of School Administrators for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 83-751. Securities and Exchange Commission, et al., Petitioners v. Jerry T. O'Brien, Inc., et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 83-838. United States, Petitioner v. Paul B. Lorenzetti. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 83-892. California State Department of Education, et al., Peti- tioners v. Los Angeles Branch NAACP, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Marshall took no part in the consideration or decision of this order.

No. 83-1015. National Association for the Advancement of Colored

People, etc., et al, Appellants v. Hampton County Election Commis- sion, etc. , et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Marshall took no part in the consideration or decision of this order.

No. 83-5714. Earl Bruton, Petitioner v. United States. The application for bail addressed to Justice Brennan and referred to the Court is denied. TUESDAY, FEBRUARY 21, 1984 349

No. 83-5725. Gerhard J. Sweetman, Petitioner v. Township of Penn- sauken, New Jersey. The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied.

No. 83-5913. Daniel A. Etlin, et al., Petitioners v. Robert W. Horan, Jr., Commonwealth's Attorney. The motion of petitioners for leave to proceed in forma pauperis is denied. Petitioners are allowed until March 13, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 83-469. United States, Petitioner v. Billy G. Young. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 83-832. Harold T. Paulsen, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 83-727. Lamar Alexander, Governor of the State of Tennessee,

et al., Petitioners v. Rosier Jennings, et al. The motion of respondent Rosier Jennings for leave to proceed in forma pauperis is granted. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Certiorari Denied

No. 83-478. William W. Shaffer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-552. Dewey T. Nabors, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-568. The Offices Known as 50 State Distributing Company, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-608. Hospital de la Concepcion, Petitioner v. Puerto Rico Labor Relations Board. Petition for writ of certiorari to the Supreme Court of Puerto Rico denied. 350 TUESDAY, FEBRUARY 21, 1984

No. 83-631. Spacefone Corporation, Petitioner v. William J. John- ston. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-632. Rosemarie Mondelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-643. Kenneth Adams, et al., Petitioners v. Terrel H. Bell, In- dividually and as Secretary of the Department of Education, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-673. Gerald Wisdom, Petitioner v. Samuel R. Pierce, Jr., Sec- retary, Department of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-679. Albert Paul and Beatrice Paul, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-683. Gerald Bankston, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 83-696. Richard J. Marino, Petitioner v. United States; and

No. 83-713. Rene Piccarreto, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-699. American Industries, Ltd., et al., Petitioners v.

Intermodal Cargo Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-707. Frank L. Todd, et al., Petitioners v. Benal Concrete Construction Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-714. City of Duncanville, Texas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-740. Del-AWARE Unlimited, Inc., et al., Petitioners v. Roger M. Baldwin, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-763. St. Francis Hospital Center, et al., Petitioners v. Marga- ret M. Heckler, Secretary, Department of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. TUESDAY, FEBRUARY 21, 1984 351

No. 83-766. Smith-Corona Group, Consumer Products Division, SCM Corporation, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 83-769. John Belmont and Phillip Charles Bernstene, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-774. Hratch K. Sarian, etc. , Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-790. Southern States Motor Inns, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-793. William E. Hughes, Petitioner v. Howard J. Hoffman, Superintendent, Missouri State Highway Patrol. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-796. Jerry Halloran, Petitioner v. Display Corporation Inter- national, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-797. Memorial Hospital, et al., Petitioners v. Margaret M. Heckler, Secretary, Department of Health and Human Services. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-809. Howard E. Hinkie, Sr., et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-810. Nathan Yorke, etc., Petitioner v. National Labor Rela- tions Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-826. Hamed & Salem, Inc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-831. Laurence Stuebig, aka Lawrence Stuebig by his guardian, Marie Carole Heckmann, Petitioner v. Bernard J. Willis, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-841. Douglas M. Billingsley, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. 352 TUESDAY, FEBRUARY 21, 1984

No. 83-844. Jack D. Cherubini, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-849. Hyatt Hotels Corporation, dba Hyatt Regency New Or- leans, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-875. Wanda Wright Schaab, Petitioner v. Marie Schaab and Arlene M. Gittings. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-876. Raul Freire, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-881. Sho-Me Power Corporation, Petitioner v. International Brotherhood of Electrical Workers Local Union 53, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-889. Bunnan Tong & Company, Ltd., Petitioner v. F. W. Woolworth Company, et al.; and No. 83-955. United Garment Manufacturing Company, Ltd., Peti- tioner v. Telina Nelson, a Minor by Cindra R. Carson, Guardian ad litem, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-905. Don Richard Staines, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Su- preme Judicial District, denied.

No. 83-907. Leandro Rizzuto, Petitioner v. Rita Rizzuto. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 83-914. Merican, Inc., et al., Petitioners v. Caterpillar Tractor Co. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-919. Bob D. Pitchford, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 83-921. Commonwealth National Bank, Petitioner v. Charles E.

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

No. 83-922. Lawrence William Rosenwald, etc., Petitioner v. Al- exander Barbieri, Court Administrator of Pennsylvania, et al. Petition TUESDAY, FEBRUARY 21, 1984 353 for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 83-924. Vivian W. Galanti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-926. Axel-Felix Kleiboemer, et al., Petitioners v. District of Columbia. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-936. Ellen Hawes, etc., et al., Petitioners v. Ramon J.

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

No. 83-938. William T. Watson, Petitioner v. M. W. Kellogg Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-944. Reuben Michael Pieri, Petitioner v. South Central Bell Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-945. Union Oil Company of California, Petitioner v. Dillingham Tug & Barge Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-947. Robert Vance, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 83-950. Michael E. Moss, Petitioner v. James M. Newman. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-951. Donald E. Percy, et al., Petitioners v. Geraldine

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

No. 83-952. United States, Petitioner v. John R. Wilson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-953. Richard Rock, Petitioner v. Esther Antonio. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 83-959. Frances M. Hougland, et al., Petitioners v. Kevin Gross, etc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-965. Ralph B. Cloward, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 354 TUESDAY, FEBRUARY 21, 1984

No. 83-968. Charles Storniolo, Petitioner v. Gina Karen Fishing, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-969. Milton Lubin, Petitioner v. Crittenden Hospital Associa- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-980. James Redding, et al., Petitioners v. James Fairman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-983. Reuven Tako, et ux., Petitioners v. Mayer and Cie, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 83-992. Detroit Health Corporation and William F. Hubner, Pe- titioners v. Denise Bence, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-993. Impro Products, Inc., Petitioner v. John B. Herrick, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-996. Arthur Lance Bier, Petitioner v. Paul D. Fleming and

Charles I. Alatis. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1002. Herman Solem, Warden, Petitioner v. Richard Allen Nerison. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1003. Donald E. Percy, etc., Petitioner v. Mildred Daubert and Ethel Royster, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1004. Toshiba America, Inc., Petitioner v. Copy-Data Sys- tems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1008. Pennsylvania Dental Association, Petitioner v. Bruce Cutler. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 83-1009. North Canton Enterprises of Pennsylvania, Inc., Peti- tioner v. Board of Property Assessment, etc., et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 83-1016. Kimberly-Clark Corporation, Petitioner v. Peter Gabor Kalman. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. TUESDAY, FEBRUARY 21, 1984 355

No. 83-1017. Paul Bohrer, Petitioner v. Hanes Corporation, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1018. Vincent Esposito, et al., Petitioners v. Mister Softee,

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

No. 83-1019. Barbara J. Wied, Petitioner v. Valhi, Inc. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 83-1025. Stone & Webster Engineering Corporation, et al., Peti- tioners v. Linda L. Heffelfinger, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-1026. Linde, Thomson, Fairchild, Langworthy, Kohn & Van Dyke and Southgate Bank & Trust Co., Petitioners v. T. J. Raney &

Sons, Inc. , etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1028. James P. McNeil, Petitioner v. Michael G. Rafton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1033. Satellite Television & Associated Resources, Inc. , Peti- tioner v. Continental Cablevision of Virginia, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1034. Guy Brain, et al., Petitioners v. Roadway Express, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1036. Stanley Weisz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1042. Andrew Woo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1043. William Len Burns, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 83-1044. Robert John Winicki, Petitioner v. Robert A. Mallard, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 83-1048. Bernardo Armando de la Cerra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. 356 TUESDAY, FEBRUARY 21, 1984

No. 83-1049. Jose Harari, Salvador Harari and Renee Harari, Peti- tioners v. Bache Halsey Stuart Shields, Incorporated. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 83-1050. Phillip Emrich and Eric Gillberg, Petitioners v. Touche

Ross & Co. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1051. Babcock Memorial Presbyterian Church, Petitioner v. Presbytery of Baltimore of the United Presbyterian Church in the

United States of America, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 83-1052. William R. Phillips, Petitioner v. Harold J. Smith, Su- perintendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1058. J. W. Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1059. John T. Langen, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-1060. Lynn Lawther, Jr. , Petitioner v. Jacobs Manufacturing Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1062. Smith W. Bagley, et al, Petitioners v. Webster A. Col- lins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1063. Brumley Estate, et al., Petitioners v. Iowa Beef Pro- cessors, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1064. Madeline M. Blackwell, Petitioner v. Municipal Court of California, Los Angeles County, etc., et al. Petition for writ of certiorari to the Appellate Department, Superior Court of California, County of Los Angeles, denied. No. 83-1071. Thomas Carl McGinty and Judith McGinty, Petitioners v. Arlo Smith, District Attorney of San Francisco, California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 83-1078. Jeffboat, Inc., Petitioner v. Paul Robertson, Adminis- trator of the Estate of William L. Robertson. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. TUESDAY, FEBRUAEY 21, 1984 357

No. 83-1079. Mildred Travers, Petitioner v. Travenol Laboratories, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1083. Charles Swepeniser, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1088. Aubrey Nichols, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-1095. John Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-1099. James E. Arrington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1101. Mark David Niles, Petitioner v. University Interscho- lastic League, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1103. American Commercial Barge Lines, et al., Petitioners v. Patrick H. Berry. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 83-1108. Michael J. St. Clair, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1110. Ann Ruple, Petitioner v. City of Vermillion, South Da- kota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1112. Catarino Murillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1113. Walter Wilson, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 83-1114. G. Harold King, Jr., Petitioner v. Fidelity National Bank of Baton Rouge. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1120. John J. Scarselletti, Petitioner v. Aetna Casualty & Surety Company. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 83-1133. Sylvia Behar, Petitioner v. Southeast Bank Trust Co., N.A. Personal Representative of the Estate of Alberto Behar. Petition 358 TUESDAY, FEBRUARY 21, 1984 for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1137. Kelly L. Cordell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-1147. William 0. Radseck, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1165. Capitol City Lumber Company, Inc., Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1177. Abraham Cohen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5193. Henry Foundas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5293. Alphonso Sylvester Robinson, Petitioner v. Gerald

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

No. 83-5335. Wade Lee Rabb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5349. Alice Miller, Petitioner v. Samuel R. Pierce, Jr., Secre- tary of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5385. Edward Mathis and Melvis Foster, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5483. Brandon G. Beale, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-5512. David Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5560. Richard Ware, Petitioner v. United States;

No. 83-5613. Debra McGuire, Petitioner v. United States; and TUESDAY, FEBRUARY 21, 1984 359

No. 83-5650. Patsy Arabia, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5563. Joseph Dennis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5586. Veronice A. Holt, Petitioner v. Continental Group, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5606. Sammie Lee Ford, Petitioner v. Herman C. Davis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5609. Debra Crowe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5611. Richard L. Windsor, Petitioner v. The Tennessean, et al. Petition for writ of certiorari to the Court of Appeals of Tennessee, Middle Division, denied.

No. 83-5615. Obie J. McAlpin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5629. Kathleen M. Johnson, Petitioner v. United States; and

No. 83-5657. Marvin Percival Johnson, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5630. Joseph P. Bruzzese, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 83-5655. M. Dean Loftis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5679. Ella Hornick, Petitioner v. Ruth Noyes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-5680. Robert Dale Granger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5699. Paul F. Gregorio, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 360 TUESDAY, FEBRUARY 21, 1984

No. 83-5706. Armando Curra-Barona, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-5713. Richard Christensen, Petitioner v. James Spalding. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5723. Randolph Garaux, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-5728. Shauib Abdur Raheem, Petitioner v Robert J. Hender- son, Superintendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5764. Alfred Fleming, Petitioner v. Harry W. Staller, et al Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5829. Eugene A. Walker, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 83-5837. Gustavo Perez-Robles, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5841. George Clark, Petitioner v. Philip Coombe, Superin- tendent, Eastern Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5851. Keith G. Kettler, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 83-5871. James Dunn, Petitioner v. Ross Maggio, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5872. Charles M. Gates, Petitioner v. Margaret M. Heckler, Secretary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5877. Frederick Weichell, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. ,

No. 83-5879. Roger Williams-El, etc., Petitioner v. Tony Young, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. TUESDAY, FEBRUARY 21, 1984 361

No. 83-5881. Lamont Baggett, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-5883. Timothy Paul Keenan, Petitioner v. Frank Elo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5884. Henryne A. Hines, Petitioner v. Workers' Compensa- tion Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 83-5885. Bruce Quillon Carroll, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-5890. Marshall Wells, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5893. Jerry R. Rushing, Petitioner v. Cathy Stocker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5895. Louis Harris Webb, Petitioner v. E.P. Perini, Superin- tendent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5898. Kevin Woodruff, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 83-5900. Gregory Hinton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5906. Mahan Hollin, Petitioner v. Dewey Sowders, Superin- tendent, Kentucky State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5910. David Caylor, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 83-5916. James Price, et al, Petitioners v. Walter Cohen, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-5918. Christos Poppos, Petitioner v. Donald W. Young, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5921. Kenneth Downing, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Tuscarawas County, Ohio, Fifth Appellate District denied. 362 TUESDAY, FEBRUARY 21, 1984

No. 83-5927. George Thomas Powell, Petitioner v. Eddie C. Mitchell, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-5929. Timothy Reed, Petitioner v. R.C. Marshall, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5931. Michelle L. Jones, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 83-5935. Kenzie L. Bryant, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5936. Jane Doe, an infant, etc., Petitioner v. Seth Staples, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5944. Joseph Jude Oliver, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5946. James Redding, Petitioner v. J.W. Fairman, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5947. William Lee Miller, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 83-5949. Ben Sanders, Jr., Petitioner v. Thomas R. Israel, Su- perintendent, Waupun Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5952. Roberto Lopez, Petitioner v. Charles Scully, Superin- tendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5959. Patricia Ann Fahey, Petitioner v. Norman F. Codo, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-5960. Henry L. Foreman, Petitioner v. James Ricketts, Di- rector, Arizona Department of Corrections. Petition for writ of certiorari to the Supreme Court of Arizona denied. TUESDAY, FEBRUARY 21, 1984 363

No. 83-5964. William Frank Schlicher, Petitioner v. Officer Roche, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5968. James S. Greene, Petitioner v. Renee Greene. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 83-5969. John Jackson, Petitioner v. Ross Maggio, Jr. Warden, , et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5970. James Odis Hendrix, Petitioner v. Jack R. Duckworth, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5975. Ruth Iverson Senti, Petitioner v. K.C. Sharma, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 83-5976. Stanley Elsworth Perkins, Petitioner v. New York. Pe- tition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-5978. Harold Smith, Petitioner v. Don Cameron. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5979. Jerry Wayne Sims, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5983. Fred Rice, Petitioner v. Ronald C. Marshall, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5984. Larue Monette Wilson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5986. Harvey Eugene Hornsby and Robert A. Holliday, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5988. Eugene Robert Ciuzio, 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. 83-5989. Michael Edward Kennedy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 364 TUESDAY, FEBRUARY 21, 1984

No. 83-5990. Hector Bori, Petitioner v. Trustees of Columbia Uni- versity, etc. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-5991. Phillip Neil Croxton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5993. Freddie Williams, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-5994. Norris Williams, Petitioner v. T. Douglas Williams, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5996. Zsuzsanna Tomay-Ybly, Petitioner v. Zurich American Insurance Companies. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5997. Carl Eric Olsen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5998. Casimir Mally, Petitioner v. New York University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6000. Royce Patterson, Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6002. Ronald Buford Gibbs, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6003. Jairus Gene Evans, Petitioner v. Edward W. Grannis, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-6004. E. Bradley Davis, et al., Petitioners v. Central Intelli- gence Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6006. Kathleen Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-6007. Donald E. Halpin, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. TUESDAY, FEBRUARY 21, 1984 365

No. 83-6008. Leon Carson, Jr. , Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6012. Salvador Gonzales, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second Supreme Judicial District, denied.

No. 83-6013. Eduardo M. Lucero, Petitioner v. Allen Ogden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6018. Helen T. White, Petitioner v. Catherine M.Toppitzer. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 83-6019. Peter Mirrione, Petitioner v. Warren M. Anderson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6022. Robert Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6023. Reginald Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6025. Jack Leroy Underwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6031. Horace Edward Hollis, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6033. Edward Tugman, et al., Petitioners v. Margaret M. Heckler, Secretary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6038. Robert Roy Richardson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6039. Alfred A. Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6046. Scott Brian Janoe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 366 TUESDAY, FEBRUARY 21, 1984

No. 83-6047. Darnell Payne and Larry Bailey / Petitioners v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 83-6052. Glynn T. Price and John Brojac Fish Company, Peti- tioners v. Washington State Game Department. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.

No. 83-6060. Gaylon Richard Cox, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6062. Otis M. Bridges, 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. 83-6064. Donald Sylvester Jones, Petitioner v. Elizabeth Butler Metz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6065. Joseph W. Killingsworth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6067. Philip H. Garrett, 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. 83-6068. Donald Everett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6069. Istvan Kele, Petitioner v. Norman A. Carlson, Direc- tor, Federal Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6071. Alfredo Moya, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6072. Phillip Manning, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6074. Joseph Sedlak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6078. Robert Henry Stewart, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. TUESDAY, FEBRUARY 21, 1984 367

No. 83-6081. Lugene Baker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6082. Jose A. Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6088. Edward Dean Christensen, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6089. Johnny Walter Gipson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6094. Anton Matasa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6095. David Frederick Ely, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6103. James MacKenzie, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied.

No. 83-6104. Kevin Todd Thompson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6105. John Michael Carney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6108. Douglas McCarthur Yates, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-6110. James Harold Rogers and Terry Franklin Rogers, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6112. Charles Dudley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6126. Jay Kenton Samuelson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 368 TUESDAY, FEBRUARY 21, 1984

No. 83-6133. Frank Leon Bryan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6146. Margaret Washington, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-6153. Floyd Clayton Forsberg, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-2363. Pennhurst State School and Hospital, et al., Petitioners v. Terri Lee Halderman, et al. The motion of respondents Terri L. Halderman, et al. 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. 82-1876. Foremost Pro Color, Inc., Petitioner v. Eastman Kodak Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Blackmun would grant certiorari on the Robinson-Patman Act issues.

No. 83-466. Anthony Joseph Russo, Jr., Petitioner v. John N. Mitch- ell, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Rehnquist took no part in the consideration or decision of this petition.

No. 83-511. Continental Group, Inc., Petitioner v. Veronice A. Holt. 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 Second Circuit denied.

No. 83-723. Union Processing Corporation, Petitioner v. Morris

Atkin, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. Dissenting opinion by Justice White with whom the Chief Justice and Justice Powell join.

No. 83-767. El Paso Times, Inc., et al., Petitioners v. United States District Court for the Western District of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan would grant certiorari.

No. 83-789. Genevieve S. Adams, et al., Petitioners v. Proctor & Gamble Manufacturing Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-791. Texas, Petitioner v. Jimmy Lloyd Mead. The motion of respondent for leave to proceed in forma pauperis is granted. Petition TUESDAY, FEBRUARY 21, 1984 369 for writ of certiorari to the Court of Criminal Appeals of Texas denied. Opinion by Justice Stevens respecting the denial of certiorari. Dissent- ing opinion by Justice Rehnquist with whom the Chief Justice and Jus- tice O'Connor join.

No. 8&-833. Trans-Canada Enterprises, Ltd., et al., Petitioners v.

Muckleshoot Indian Tribe, et al.; and

No. 83-958. Port of Tacoma, Petitioner v. Puyallup Indian Tribe. The motion of Washington Land Title Association for leave to file a brief as amicus curiae in No. 83-958 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice White would grant certiorari.

No. 83-853. James R. Jackson, Individually and as Administrator of the Estate of Sandra A. Jackson, et al., Petitioners v. City of Joliet, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting opinion by Justice White with whom Justice Rehnquist joins.

No. 83-932. Texas International Airlines, Inc., Petitioner v. National Airlines, Inc. The motion of petitioners in No. 83-1111, Heublein, Inc. v. General Cinema Corporation, to consolidate with this petition is denied. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-962. Meat Price Investigators Association, et al., Petitioners v. Safeway Stores, et al. 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. 83-991. Aluminum Company of America and Tapoco, Inc., Peti- tioners v. Utilities Commission of North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Brennan and Justice White would grant certiorari.

No. 83-1023. Data Probe Acquisition Corporation and Data Probe,

Inc., Petitioners v. Datatab, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Jus- tice Powell would grant certiorari.

No. 83-1039. Kinnett Dairies, Inc., Petitioner v. Dairymen, Inc. The motion of National Independent Dairy-Foods 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. 370 TUESDAY, FEBRUARY 21, 1984

No. 83-5792. Jeffrey Lee Griffin, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-5818. Thomas Eugene Creech, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5836. Robert Lee Willie, Petitioner v . Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5849. Hoyt Franklin Clines, et al., Petitioners v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5897. Carl Elson Shriner, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5905. Ernest Fitzpatrick, Jr. , Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5909. Roy Allen Harich, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5924. Paul Beasley Johnson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5939. Horace Franklin Dunkins, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5942. John Henry Knapp, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, Maricopa County, denied. Dissenting statement by Justice Brennan and Justice Marshall. No. 83-5955. Earnest Knighton, Jr., Petitioners. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-5973. Ian Deco Lightbourne, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5977. Oscar Mason, Jr., Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. TUESDAY, FEBRUARY 21, 1984 371

No. 83-5980. Elmo Patrick Sonnier, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5999. Kevin Winston Osborn, Petitioner v. Wyoming. Peti- tion for writ of certiorari to the Supreme Court of Wyoming denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6009. T. J. Hayes, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5874. John Henry Withers, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 83-5956. Buddy Earl Justus, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6042. Alpha L. Johnson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice Blackmun would grant certiorari.

Mandamus Denied

No. 83-5917. In Re Darrell E. Meeks, Petitioner. The petition for writ of mandamus is denied.

No. 83-760. In Re Wilco Marsh Buggies & Draglines, Inc., et al., Pe- titioners. The petition for a writ of mandamus and/or prohibition is denied.

Rehearings Denied

No. 82-2004. Darfrente Tuason Nibungco, Jr., Petitioner v. United States;

No. 83-561. Salvatore Moretti, et al., Appellants v. Multi-Pak Cor-

poration, et al.;

No. 83-662. Louis F. Gaines, Appellant v. Merchants National Bank & Trust Company;

No. 83-668. Rayford C. Pace, Petitioner v. Southern Railway Company;

No. 83-709. Venola Walton, Petitioner v. Small Business Administration; 372 TUESDAY, FEBRUARY 21, 1984

No. 83-5448. Roy Williams, Petitioner v. Samuel R. Pierce, Jr., Sec- retary, Department of Housing and Urban Development, et al.;

No. 83-5460. Rolf Betka, Appellant v. City of West Linn, et al;

No. 83-5536. Stojilko Kajevic, Petitioner v. United States;

No. 83-5572. Clark J. McMillan, Petitioner v. R. S. Hester, et al.;

No. 83-5624. Geza Morvay, Petitioner v. Maghielse Tool and Die Company, Inc.;

No. 83-5633. Quintin Irving Brown, Petitioner v. Nathan Rice, et al.;

No. 83-5634. In Re Quintin I. Brown, Petitioner;

No. 83-5638. Idella L. Skaggs, et al., Petitioners v. Crawford County

Ohio, et al.; and

No. 83-5793. Burl Anderson Howell, Petitioner v. Terri Appling. The petitions for rehearing are denied.

No. 82-2083. Ruth Rushen, Director, California Department of Cor- rections, et al., Petitioners v. Johnny Spain. The motion of American

Civil Liberties Foundation, et al. for leave to file a brief as amici curiae in support of petition for rehearing is denied. The petition for rehearing is denied. Justice Brennan would grant the motion.

No. 83-5374. Carl Pat Jones and Nettie Jones, Petitioners v. Supe- rior Court, State of California, Orange County, 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

Daniel Alexander Palo Alto, CA Patrick J. Mahoney James L. Allen Detroit, MI Lawrence Robert Donaldson William B. Allison Houston, TX Ben G. Sewell Lee Kanon Alpert Encino, CA Dixon Quackerbush Derr Croil Anderson Seattle, WA Paul W. Whelan Odin P. Anderson Boston, MA Thomas Charles Troy Richard K. Andrews Kansas City, MO John Joseph Kitchin TUESDAY, FEBRUARY 21, 1984 373

Applicant City and State Movant

Robert Stephen Angyal Washington, DC Norton F. Tennille Jr. Anthanasios Pericles Cincinnati, OH Richard C. Curry Anninos Alan Charles Antonucci Cherry Hills, NJ Robert J. Pompliano John Edward Ausnehmer Youngstown, OH James A. Philomera Randolph G. Austin Olathe, KS Eldon J. Shields David J. Bailey Atlanta, GA Gordon Lee Garrett Jr. Marc Lewis Bailin New York, NY Jerome Lawrence Merin Stephen Craig Balkenbush Minden, NV Noel E. Manoukian David Michael Barbour Detroit, MI William Garth Christopher Gregory K. Barker Junction City, KS Michael P. McKone Bernard Charles Barmann Bakersfield, CA Philip Edward Dunn Jr. Clay Michael Barnes Towson, MD Dorothy M. Beaman Edmund Drinan Barry West Liberty, IA Charles W. Larson Norman John Barry Jr. Chicago, IL J. Patrick Herald John A. Bartlett Louisville, KY Robert G. Breetz George N. Bashara Jr. Detroit, MI Kathleen McCree Lewis Richard P. Beard Sedalia, MO Gary W. Fleming Ronald Lee Bell Chicago, IL Paul Philip Biebel Jr. Warren Joseph Bennia New York, NY 0. Peter Sherwood Bradley M. Bingham Houston, TX Stanley Lloyd Pfeiffer William Emery Blatchley San Diego, CA Charles M. Sevilla Anne Christine Bloomdahl San Francisco, CA Prentiss Willson Jr. 374 TUESDAY, FEBRUARY 21, 1984

Applicant City and State Movant

Steven John Bloxham Parker, AZ Mario Gonzalez Maurice Henry Blum New York, NY Harry H. Burstein Sharon Elaine Boyce Knoxville, TN Herbert Shelton Sanger Jr. George W. Bramblett Dallas, TX Robin Philips Hartmann Marc Gary Brecher Philadelphia, PA Maria Parisi Vickers Ernie L. Brooks Southfield, MI Carl J. Marlinga Michael Bannon Brough Carrboro, NC John J. Buckley Douglas L. Brown Mobile, AL William H. Armbrecht 0. Grant Bruton Louisville, KY Albert Fontaire Reutlinger Thomas Matthew Buchanan Alexandria, VA Justin Weisner Williams Douglas Lee Burdette St. Louis, MO Gary S. Heifetz Edward Francis Canfield Washington, DC Joseph D. Crumlish W. Douglas Carothers Jr. Palo Alto, CA. Barry Jay Kesselman Charles J. Catrillo Jersey City, NJ Robert Pompliano David Ralph Chapman Escondido, CA C. Emerson Duncan II William B. Chapman San Francisco, CA Joseph W. Rogers Jr. David R. Chappel Seattle, WA Irwin H. Schwartz George Creighton Childs Marietta, GA Parks Samuel Jr. Huff Francis Fong Chin San Francisco, CA Malcolm McLeod Barrett Reeve E. Chudd Beverly Hills, CA Allan B. Cooper Mary Stuckey Cofran Olathe, KS Eldon J. Shields Robert Sawyer Coldren Santa Ana, CA William Robert Hart Kevin Heath Collins Cedar Rapids, IA Robert 0. Daniel George Coniglio Glenwood, IL James P. Whitney Robert E. Coppola Los Angeles, CA Sheldon A. Gebb TUESDAY, FEBRUARY 21, 1984 375

Applicant City and State Movant

William Bruce Cowden Jr Lexington, KY George M. Geoghegan Jr. Paul S. Cronin Albuquerque, NM Judge Mary C. Walters Steven P. Curvin Buffalo, NY Joseph Paul Muenkel John Louis Darrouzet Jr. Austin, TX Robert White Gauss Russell S. Daub Omaha, NB Virgil James Haggart Jr. Alan G. Davis Detroit, MI Raymond L. Krell Janelle Boustany Davis San Diego, CA Jay Michael Bloom Theda James Davis St. Petersburg, Robert Joseph FL Landry Richard T. Davis Jr. Los Angeles, CA Richard Clark Field Stanley Stites Day Riverside, IL Roy Clarence Pechous Michael John Dell New York, NY Marvin E. Frankel Richard Ford Denes Cedar Grove, NJ Thomas Patrick Olivieri

Mark D. DeBofsky Chicago, IL Judge John J. Crown Edward J. DeFazio Jersey City, NJ Robert J. Pompliano Charles A. DeMier Leblanc San Juan, PR Antonio Montalvo Nazario Richard Arthur DeSevo Rye, NY Fred A. Freund Mark Wesley Dobbins Louisville, KY Winston E. King Charles W. Dobbins Jr. Louisville, KY William Allen Buckaway Jr. Charles W. Dobbins Jr. Louisville, KY William Allen Buckaway Jr. Ava K. Doppelt New York, NY David Otis Fuller Jr. George C. Douglas Jr. Birmingham, AL Allen Edward Cook 376 TUESDAY, FEBRUARY 21, 1984

Applicant City and State Movant

Denis A. Downey Brownsville, TX Thomas Sullivan Rhoda K. Dryer New Rochelle, Florence Subin NY Paul W. Dudman Oklahoma City, James Davisor OK Fellers James Patrick Dunleavy Presque Isle, ME David Francis Gould Thomas E. Dwyer Jr. Boston, MA John Wall Dennis Paul Eckhart Sacramento, CA Thomas Edward Warriner Martin D. Edel New York, NY Joel M. Miller Craig K. Edwards Portland, OR Richard A. Slottee Bruce Eiber New York, NY Bernard M. Eiber Roy L. Eiguren Boise, ID Terry Earnest Coffin 0. E. Elmore Bryan, TX James S. Mahon Thomas Joel Farkash Gainesville, FL Alan R. Parlapiano Arnold Barry Feigin West Hartford, Henry Salum CT Cohn Boris Feldman Washington, DC Abraham Krash Elliott Richard Feldman Philadelphia, PA Stephen A. Cozen William Scott Ferguson Washington, DC Kenneth Ward Weinstein Peter W. Fisher San Francisco, CA Vincent Cullinan Fern Leslie Renee Washington, DC John A. Shorter Flanagan Jr. Howard Irving Fox Washington, DC Ronald J. Wilson Mark Howard Friedman Upper Montclair, Ralph Simon NJ Spritzer Charles Allen Gall Dallas, TX William D. Sims Jr. Charles Andrew Gallagher Jersey City, NJ Severiano Lisboa III Kenneth Stuart Gallant Philadelphia, PA Edward G. Rendell James W. George Austin, TX John C. Augustine Albert Lee Giddens Pasadena, TX Wayne Fisher TUESDAY, FEBRUARY 21, 1984 377

Applicant oily ana otate Movant

Mai Gillin Honolulu, HI Don Stephan Dzura Douglas H. Ginsburg Cambridge, MA William F. Baxter Leslie Gene Gist Oklahoma City, Roy J. Davis OK Robert Glasser Washington, DC James E. Landry Jay M. Goldstein Philadelphia, PA Stephen A. Cozen Fernando Chacon Gomez Austin, TX David Read Richards Barry S. Goodman Newark, NJ Robert W. Delventhal Richard J. Gottlieb New York, NY Alvin M. Feder Delmer C. Gowing III Bloomfield Hills, George Herberg MI Meyer Harvey Grossman Chicago, IL David J. Letvin Vincent Joseph Guarino Pacific Palisades, Deborah L. Smith CA McClain Joyce Trimble Gwadz Washington, DC Brent N. Rushforth Daniel Lee Haller Pittsburgh, PA Timothy P. O'Brien Steven Joel Halpern Los Angeles, CA James Allen Bowles Thomas R. Halvorson Sidney, MT Robert J. Savage Mark A. Hammer Tacoma, WA Annon W. May Edwin Ledbetter Harris III Fayetteville, NC Warren Leonard Pate Kymberly Lynn Anne Nashville, TN William McMillan Hattaway Leech Jr. Philip Brennan Hayden Owensboro, KY R. Scott Plain Joseph P. Healy Jersey City, NJ Robert J. Pompliano Elizabeth Blossom Washington, DC E. Barrett Heffernan Prettyman Jr. Robert Eldon Heggestad Washington, DC Joseph D. Crumlish Charles G. Herbermann Jr. New York, NY Celestino Tesoriero 378 TUESDAY, FEBRUARY 21, 1984

Applicant City and State Movant

John C. Herbert New Orleans, LA Christopher M. Guidroz Brian Thomas Hermanson Ponca City, OK Kent C. Phipps Gary Hill El Paso, TX Robert Dean Earp Daniel Hoberman Jersey City, NJ Robert J. Pompliano Michael Ray Hoffman Dallas, TX Tom Scott McCorkle Jr. Harland Steven Hoisington Chicago, IL Bradford S. Allen Don Gardner Holladay Oklahoma City, William J. Legg OK Roy Douglas House Heber Springs, Edwin Ruthvin AR Bethune Jr. James Daniel Hurwitz Washington, DC Patricia Price Bailey Jones B. Huskey Houston, TX Eugene Charles Gaerig Michael H. Igoe Columbus, OH Richard A. Szilagyi George Felix Indest III New Orleans, LA James Edward Riley Carolyn Burnette Ingram Kenansville, NC Rufus L. Edmisten Charles Marshall Ingram Kenansville, NC Rufus L. Edmisten Temple Byrn Ingram Jr. El Paso, TX William Steele Sessions Marc Jacobson New York, NY Jerome Lawrence Merin Andrew Robert Jarett Springfield, IL Paul M. Lurie Patrick Johnson Nashville, TN Lionel Robert Barrett Jr. James A. Johnson Jr. West Memphis, John C. Deacon AR J. Michael Jones Geneseo, NY Theodore E. Wiggins Jr.

Samuel P. Kamin Pittsburgh, PA Edward I. Goldberg TUESDAY, FEBRUARY 21, 1984 379

Applicant City and State Movant

Stephen Reuben Kaplan Northampton, MA Maurice Blake Kirk Morgan Kennedy New York, NY Carl Rachlin Lawrence William Kennelly Bethesda, MD Anthony Joseph McMahon James M. Kenny New York, NY Joseph M. Cassin John P. Kenosian Los Angeles, CA Kim Harris Pearman Stephen J. Kiely Boston MA John Wall Bruce Alan Kilday Sacramento, CA Gregory H. Brown David Y. Kim Los Angeles, CA Elliot S. Berkowitz Kathryn Johnson King Cleveland, OH Ann M. Aldrich John Sargent Kinzey Jr. New York, NY Grant S. Lewis Catherine F. Klein Washington, DC Philip Gordon Schrag Alan Anthony Knox Santa Ana, CA Rosalee Pothier Richard Joseph Krech Berkeley, CA Thomas L. Fike Peter M. Kreisner Austin, TX Martha L. Boston Lawrence W. Krieger New York, NY Ramsay Douglas Potts Marlene A. Kristovich Big Bear Lake, Donald Martin CA Fenmore David Wayne Kruger Madison, WI Jack Richard DeWitt Thomas Otman Kuhns Chicago, IL Fred H. Bartlit Jr. Anthony A. Lagorio Los Altos, CA James Paul Madden Donnie Gene Lappe Brownwood, TX Grover Leeman Haney Ronnie Dean Lappe Brownwood, TX Grover Leeman Haney James R. Leonard Jr. Lancaster, PA William A. Atlee Jr. Melvin Emery Leslie Salt Lake City, Donald B. UT Holbrook 380 TUESDAY, FEBRUARY 21, 1984

Applicant City and State Movant

Bernard J. Long Jr. Washington, DC Brent N. Rushforth M. Steven Lubet Chicago, IL Robert P. Burns Walter Lee Lusk Chattanooga, TN Josiah Carr Eggleston Baker Michael Joseph Mahn Chattanooga, TN Josiah Carr Eggleston Baker Michael P. Marando Youngstown, OH James Samuel Gentile Russell R. Marks Hagerstown, MD James Russell Robinson II Joseph C. Martucci Miami, FL James Stephen Usich Herb Matthews South San Verne W. Francisco, CA Newcomb Steven R. Matthews Boise, ID Terry Earnest Coffin Abel Joseph Mattos Washington, DC Joseph Armand Artabane Rosanne Mayer Washington, DC Angus Macbeth Sean E. McCarthy Sacramento, CA Bion Milton Gregory Robert A. McConnell Tempe, AZ Attorney General William French Smith Steven Frederick McDowell Milwaukee, WI John Evans Beamer Charles A. McGee Fort Payne, AL John Martin Baker Christopher Lyle Mcllwain Tuscaloosa, AL Perry Hubbard David John Meadows San Francisco, CA John W. Keker Michael S. Meisel Rochelle Park, NJ Jay David Fischer Joseph C. Mellichamp III Tallahassee, FL Barbara Staros Harmon J. Thomas Melton Dallas, TX Donald C. Adams Jon Meyer Manchester, NH Robert A. Backus TUESDAY, FEBRUARY 21, 1984 381

Applicant City and State Movant

Rosemary Milton Miano Philadelphia, PA Robert B. Washburn Barry Warren Miller Baton Rouge, LA William Edward Steffes Thomas L. Miller Riverside, CA Richard Michael Harding Ronnie Monroe Mitchell Fayetteville, NC Warren Leonard Pate James A. Mollica Jr. Pittsburgh, PA Thomas A. Lazaroff Roger James Moran Brooklyn, NY Harry Augustus Dusenberry Chandler Robinson Muller Winter Park, FL Robert James Buonauro Carol C. Murphy Lakeland, FL Alice K. Nelson Martin F. Murphy Pompton Lakes, Louis Wallisch Jr. NJ Eli Namanworth Cincinnati, OH Richard C. Curry Thomas Mandell Newmark St. Louis, MO Robert S. Allen Lee Trammell Newton Jr. Atlanta, GA Hugh M. Dorsey Jr. Robert Corey Nicholas San Francisco, CA Melvin K. Najarian Paul Peter Nicolai Springfield, MA Charles Eugene Duroni David Smith Nunes Ft. Lauderdale, Nels Raymond FL Pearson Patrick J. O'Connor Philadelphia, PA Stephen A. Cozen Michael William O'Neil Walnut Creek, CA Siegfried David Hesse John A. O'Shaughnessy North Bergen, NJ Robert J. Pompliano Mark Steven Ochs Albany, NY George Bernard Burke Louise R. Ogden San Francisco, CA Malcolm McLeod Barrett Douglas Bryan Olivero Peru, IL Louis E. Olivero Andrew C. Olivo Dallas, TX Alan V. Rash 382 TUESDAY, FEBRUARY 21, 1984

Applicant L/ity and btate Movant

Leo F. Orenstein San Francisco, CA Neil Hall O'Donnell Daiga G. Osis Bridgeport, CT Salvatore 0. DePiano August Frederic Ottinger St. Louis, MO John A. Fraser James Raymond Pagliero Sacramento, CA Robert Howard Johnson John Hinton Parker Jr Atlanta, GA William Emslie Sumner William L. Patberg Toledo, OH Louis E. Tosi Richard Anthony Patterson Tallahassee, FL George R. Georgieff William Perry Pendley Cheyenne, WY James D. Santini Anthony Pepe Mountainside, NJ Robert J. Pompliano Gary A. Perotin Placentia, CA Anthony Frederick Dragonette Lewis Michael Petzold Boco Raton, FL Frank Edward Maloney Jr. Kendall John Phillips Fort Pierce, FL Elton Howard Schwarz Lawrence L. Piersol Sioux Falls, SD Deming Smith Dennis Michael Pilawa Cleveland, OH Foster Joseph Fludine Bruce Mero Plenk Salt Lake City, Anne Milne UT Alan E. Popkin St. Louis, MO Timothy Francis Noelker Thomas E. Potter Charleston, WV Franklin Paul Chambers Josephine R. Potuto Newark, NJ Zulima V. Farber John Edward Raine III Towson, MD Dorothy M. Beamar Eben Turner Rawls III Charlotte, NC Eugene Gressman Randall Eugene Reagan Knoxville, TN Robert Wayne Ritchie Miles Stuart Reiner New York, NY Mark Ryan Dwyer TUESDAY, FEBRUARY 21, 1984 383

Applicant City and State Movant

Katherine L. Rhyne Washington, DC Charles Frederick Lettow Gerald Thomas Richard Diablo, CA William Clifton DeGarmo Mark Ohmer Rorem San Francisco, CA Dennis Spencer Kahane David Edward Rose Dublin, OH Jordan Brian Reich Joel Alan Rosenfeld Columbus, OH R. William Meeks Barry M. Rothman Philadelphia, PA Tod Ira Mammuth Hy David Rubenstein Brooklyn, NY Maurice Portley Edwin S. Rubin Jersey City, NJ Robert J. Pompliano Andrea Timko Sallet Washington, DC Stephen Anthony Weiswasser Michael Tod Sawyier Chicago, IL Stephen Bruce Cohen Joseph R. Schneider Prosser, WA William A. McCormick Michael Edward Schoeman New York, NY Frederick P. Hafetz Louis M. Scofield Jr. Beaumont, TX Daniel V. Flatten Wayne Marcus Scriven Sumter, SC Richard G. Dusenbury Ronald Armbrust Seale Baton Rouge, LA Kenneth E. Barnette Michael R. Shapiro Newark, NJ Alice K. Nelson Ronald Evan Shapiro Arlington, VA Nelson Hirsh Shapiro James W. Shea North Branford, John J. Buckley CT Gary Lee Sheets Fairfield, OH James W. Walsh William Patrick Shelley Morristown, NJ James C. Pitney Randolph S. Sherman New York, NY Fred A. Freund Robert L. Simmons Pittsburgh, PA John M. Duff Steven E. Simon Cincinnati, OH Richard C. Curry Leroy G. Sinn Oldwick, NJ Joseph A. DeGrandi 384 TUESDAY, FEBRUARY 21, 1984

Applicant \J1\,VCitv CU1Uanri StatpOLaLC UXUTVTnvantV Cull'

Gordon W. Smith Nashville, TN Robert A. Grunow James M. Smith Denver, CO Robert S. Treece Michael C. Smith LaGrange, GA Van C. Wilks Stephen Pitts Smith Jr. Louisville, KY William Allen Buckaway Jr. Richmond, VA Henry H. Glassie John Cameron Snell Vallejo, CA Kenneth Kay Casper Robert N. Sodikoff Chicago, IL Mitchell S. Goldgehn Pedro Soto-Rios San Juan, PR Anibal Irizarry Rivera Franklin Scott Spears Jr. Austin, TX Judge A. J. Pope Jr. Neil C. Spector Tampa, FL Robert Joel Shapiro Patrick James Spellman Perry, IA G. Michael Kealhofer Gregory Scott Spencer San Mateo, CA Joseph W. Cotohett Eldon John Spencer Jr. Minneapolis, MN Joseph T. O'Neill William F. Stamm Houston, TX William L. Owen Thomas J. Stefanski Beverly Hills, CA Bert D. Greenberg Ralph Gustav Steinhardt Washington, DC John Louis Oberdorfer Alan C. Sundberg Tallahassee, FL James C. Smith David James Sweeney Portland, OR John Raymond Gilbertson Charles E. Sweeny Jr. Fayetteville, NC Warren Leonard Pate Martha Irene Takaro Portland, OR Michael Timothy Bailey A. David Tammelleo Providence, RI Charles H. McLaughlin Charles Love Terry III Columbia, SC Joseph Cole Good Jr. William F. Tracy II Bement, IL Thomas R. Miller TUESDAY, FEBRUARY 21, 1984 385

Applicant City and State Movant

Richard Edward Trodden Arlington, VA Lawrence Joseph Pascal Steven Ashby Tuft Burley, ID Paul M. Tinker Kenneth F. Tworoger Ft. Lauderdale, Charles Allen FL Hobbs Joseph S. Uberman Woodbridge, VA Winston Jackson Hughes Jeffrey J. Valocchi Dowingtown, PA John J. Duffy Rex D. VanMiddlesworth Houston, TX Jonathan Day Richard Lynn Varco Jr. Saint Paul, MN Maurice Michael Monahan John M. Vine Washington, DC Daniel M. Gribbon Phyllis Louellen Walta Oklahoma City, Jan Eric OK Cartwright Diane Katherine Genevieve New York, NY Michael C. Weeks Silberberg Andrew J. Weill Badger, CA Philip Charles Bourdette Jack Herman Welge Jr. Longview, TX Richard Gray Avert William Belsterling Welte Houstin, TX William L. Owen III Thomas Leibig Wenger Harrisburg, PA John R. Fenstermacher Daniel Edward Westbrook Dallas, TX Robin Philips Hartmann Margaret Hegman Williams Jackson, MS James K. Child Jr. Pamela S. Williams Parker, AZ Mario Gonzalez John M. Williamson Simi Valley, CA Robert James Wade Bobby D. Wilson Atlanta, GA John Wolford Haskins Sandy Ann Wilson Westminster, CA Paul Ackerman Peter L. Winik Washington, DC Carla Anderson Hills Leslie J. Winner Charlotte, NC Jonathan Wallas Marshall Scott Wolfram Walla Walla, WA Herbert H. Freise John Wooddell Springfield, MO Thomas Strong 386 TUESDAY, FEBRUARY 21, 1984

Applicant City and State Movant

Donald Caffey Woods Jackson, MS Benjamin Joseph Piazza Jr. Cecil T. Woolsey Jersey City, NJ Robert J. Pompliano Dean Stanley Worcester Leesburg, VA Ben D. Worcester Phillip Vernon Zeitsoff Los Angeles, CA James M. Leonard Richard F. Ziegler New York, NY Edwin B. Mishkin

Opinions

No. 82-374. Robert Flanagan, James Keweshan, Joseph Landis and Thomas McNamee, Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed and case remanded to the Court of Appeals with instructions to dismiss the case. Opinion by Justice O'Connor.

No. 82-898. Minnesota State Board for Community Colleges, et al., Appellants v. Leon W. Knight, et al.; and No. 82-977. Minnesota Community College Faculty Association, et al., Appellants v. Leon W. Knight, et al. Appeals from the United States District Court for the District of Minnesota. Judgment reversed and cases remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Jus- tice O'Connor. Opinion by Justice Marshall concurring in the judgment. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Stevens with whom Justice Brennan joins in all but Part III, and with whom Justice Powell joins in all by Part II.

No. 82-282. Thomas C. McCain and William Spencer, etc., Appel- lants v. Charles E. Lybrand, et al. Appeal from the United States Dis- trict Court for the District of South Carolina. Judgment reversed and case remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Justice Blackmun, Justice Powell and Justice Rehnquist concur in the judgment. No. 81-2110. United Building and Construction Trades Council of Camden County and Vicinity, Appellant v. Mayor and Council of the City of Camden, et al. Appeal from the Supreme Court of New Jersey. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opin- ion by Justice Rehnquist. Dissenting opinion by Justice Blackmun. TUESDAY, FEBRUARY 21, 1984 387

No. 82-1845. Colorado, Petitioner v. Antonio Guadalupe Nunez. On writ of certiorari to the Supreme Court of Colorado. The writ of certiorari is dismissed as improvidently granted, it appearing that the judgment of the court below rested on independent and adequate state grounds. Opinion per curiam announced by the Chief Justice. Concur- ring opinion by Justice White with whom the Chief Justice and Justice O'Connor join. Concurring opinion by Justice Stevens.

Admissions to the Bar on Oral Motion

Applicant City and State Movant

Rosemary Hart San Francisco, CA D. Lowell Jensen William R. McGuiness Oakland, CA D. Lowell Jensen Mark Blair Hillis Indianapolis, IN Charles Whitney Bobinette Robert Beaton McAlister Columbus, OH Herbert B. Cohn William Hughes Satterfield Birmingham, AL William H. Coldiron Thomas Joseph Dugdale Jr. Omaha, NB Matt Reres

Oral Arguments

No. 82-1579. Hayfield Northern Railroad Company, Inc. and Minne- sota, Appellants v. Chicago and North Western Transportation Com- pany. Argued by Mr. Robert S. Abdalian for the appellants, by Mr.

Mark I. Levy for the United States as amicus curiae by special leave of Court and by Ms. Anne E. Keating for the appellee.

No. 82-1860. Schneider Moving & Storage Company, Petitioner v. Loran W. Robbins, et al.; and

No. 82-1862. Prosser's Moving and Storage Company, Petitioner v.

Loran W. Robbins, et al. Argued by Mr. David F. Yates for the petitioner in No. 82-1860, by Mr. Charles W. Bobinette for the petitioner in No. 82-1862, and by Mr. Russell N. Luplow for the respondents in both cases.

No. 82-1721. Seattle Times Company, et al., Petitioners v. Keith Mil- ton Rhinehart, et al. Argued by Mr. Evan L. Schwab for the petitioners and by Mr. Malcolm L. Edwards for the respondents.

No. 82-1795. Capital Cities Cable, Inc., et al., Petitioners v. Richard A. Crisp, Director, Oklahoma Alcoholic Beverage Control Board. Ar- 388 TUESDAY, FEBRUARY 21, 1984 gued by Mr. Brent N. Rushforth for the petitioners, by Mr. Michael W. McConnell for the Federal Communication Commission as amicus curiae, pro hac vice, by special leave of Court, and by Mr. Robert L. McDonald for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, FEBRUARY 22, 1984 389 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motion

Applicant City and State Movant

Gretchen Reynolds Morris Corvallis, OR Robert W. Packwood Marsha Ellen Rule Bryan, TX John Earl Hawtrey Robert L. Orozco Bryan, TX John Earl Hawtrey Charles H. Moellenberg Jr. Cleveland, OH Michael A. Nims

Opinions

No. 82-818. National Labor Relations Board, Petitioner v. Bildisco and Bildisco, Debtor-In-Possession, et al.; and No. 82-852. Local 408, International Brotherhood of Teamsters, etc., Petitioner v. National Labor Relations Board, et al. On writs of certiorari to the United States Court of Appeals for the Third Circuit. Judg- ment affirmed. Opinion by Justice Rehnquist. Opinion by Justice Bren- nan concurring in part and dissenting in part with whom Justice White, Justice Marshall and Justice Blackmun join. No. 82-1253. Herman S. Solem, Warden, and Mark V. Meierhenry, Attorney General of South Dakota, Petitioners v. John Bartlett. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Marshall.

No. 82-5279. Arthur Dixson, Petitioner v. United States; and

No. 82-5331. James Lee Hinton, Petitioner v. United States. On writs of certiorari to the United States Court of Appeals for the Sev- enth Circuit. Judgment affirmed. Opinion by Justice Marshall. Dissent- ing opinion by Justice O'Connor with whom Justice Brennan, Justice Rehnquist and Justice Stevens join.

No. 82-827. Minnesota, Petitioner v. Marshall Donald Murphy. On writ of certiorari to the Supreme Court of Minnesota. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice 390 WEDNESDAY, FEBRUARY 22, 1984

White. Dissenting opinion by Justice Marshall with whom Justice Ste- vens joins, and with whom Justice Brennan joins in all but Part II-A.

No. 94, Original. State of South Carolina, Plaintiff v. Donald T. Regan, Secretary of the Treasury of the United States. On motion for leave to file bill of complaint. Motion for leave to file a complaint is granted and a Special Master will be appointed. Justice Brennan announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II in which the Chief Justice, Justice White, Justice Marshall and Justice Stevens join and with respect to Part III in which the Chief Justice, Justice White and Justice Marshall join. Opinion by Justice Blackmun concurring in the judgment. Opinion by Justice O'Connor concurring in the judgment with whom Justice Powell and Justice Rehnquist join. Opinion by Justice Stevens concurring in part and dissenting in part.

No. 82-1041. Esther C. Dickman, et al., Petitioners v. Commissioner of Internal Revenue. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. Opinion by the Chief Justice. Dissenting opinion by Justice Powell with whom Justice Rehnquist joins.

No. 82-1047. United States, Petitioner v. One Assortment of 89 Fire- arms. 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 the Chief Justice. Oral Arguments

No. 82-1988. Bruce Tower, etc., et al., Petitioners v. Billy Irl Glover. Argued by Mr. David B. Frohnmayer for the petitioners and by Mr. Craig K. Edwards for the respondent.

No. 82-1734. Linda Sidoti Palmore, Petitioner v. Anthony J. Sidoti. Argued by Mr. Robert J. Shapiro for the petitioner and by Mr. John E. Hawtrey for the respondent.

No. 83-96. Joanne Limbach, Tax Commissioner of Ohio, Petitioner v. The Hooven & Allison Company. Argued by Mr. Richard C. Farrin for the petitioner and by Mr. Michael Nims for the respondent. No. 82-1994. Kirby Forest Industries, Inc., Petitioner v. United States. Argued by Mr. Joe G. Roady for the petitioner and by Mrs. Harriet S. Shapiro for the respondent.

Adjourned until Monday, February 27, 1984 at 10 o'clock. x (JOURNAL) MONDAY, FEBRUARY 27, 1984 391 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-770. City of New York, et al., Appellants v. United States Department of Transportation, et al. Appeal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice Rehn- quist took no part in the consideration or decision of this case.

No. 83-918. Dale M. Carter, Appellant v. Illinois. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of a substantial federal question.

No. 83-1081. Rodger C. Finvold and Elise R. Finvold, Appellants v. James M. Sambs, et al. Appeal from the Court of Appeal of California, Fourth Appellate District. The appeal is dismissed for want of a substantial federal question.

No. 83-1098. Escondido Imports, Inc. and Billy D. Norman, etc., Ap- pellants v. California Department of Motor Vehicles. Appeal from the Court of Appeal of California, Fourth Appellate District. The appeal is dismissed for want of a substantial federal question.

No. 83-1006. George Vaughter, Appellant v. Tennessee. Appeal from the Court of Criminal Appeals of Tennessee, Middle Division. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-5408. Neima Bormey Inchausti, Appellant v. Margaret M. Heckler, Secretary of Health and Human Services. Appeal from the United States Court of Appeals for the Fifth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 83-706. John F. Lehman, Jr., Secretary of the Navy, et al., Peti-

tioners v . Yvonne G. Trout, et al. On petition for writ of certiorari to 392 MONDAY, FEBRUARY 27, 1984 the United States Court of Appeals for the District of Columbia 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 District of Columbia Circuit with instructions to remand the case to the United States District Court for the District of Columbia for findings of fact, based on new evidence if necessary, on the question what eviden- tiary value respondents' and petitioners' statistical evidence has in light of the Court of Appeals' conclusions of law concerning employment deci- sions that are not actionable in this case. See Pullman-Standard v. Swint, 456 U. S. 273, 292 (1982). The overall sufficiency of the evidence should then be considered in light of United States Postal Service Bd. of Govs. v. Aikens, 460 U. S. (1983). Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

Orders in Pending Cases

No. — . James Bruce Groner, Appellant v. Zygmond L. Slezak, et al. The motion to direct the Clerk to docket an appeal, out-of-time, is denied.

No. A-660. Pine Knob Investment Company, et al., Applicants v. Charles Collins, Trustee. The application for stay presented to the Chief Justice and by him referred to the Court is denied. No. D-365. In the Matter of Disbarment of Harry Newton Rayburn, Jr.. Disbarment order entered. No. D-371. In the Matter of Disbarment of Harold B. Jones. Disbar- ment order entered.

No. D-376. In the • Matter of Disbarment of George Edward Goldstein. Disbarment order entered. No. D-378. In the Matter of Disbarment of Samuel Lorenzo. Disbar- ment order entered. No. D-386. In the Matter of Disbarment of Solomon Perlow. Disbar- ment order entered. No. D-388. In the Matter of Disbarment of Glenn Jermaine Goldburn. Disbarment order entered.

No. D-402. In the Matter of Disbarment of Nancy J. Young. It is ordered that Nancy J. Young, of Cos Cob, Connecticut, 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-403. In the Matter of Disbarment of Patrick J. Cunningham. It is ordered that Patrick J. Cunningham, 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. MONDAY, FEBRUARY 27, 1984 393

No. D-404. In the Matter of Disbarment of Raymond Mirrer. It is ordered that Raymond Mirrer, 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-406. In the Matter of Disbarment of Julian M. Goldstein. It is ordered that Julian M. Goldstein, 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-407. In the Matter of Disbarment of Edward L. Cates. It is ordered that Edward L. Cates, of Canton, Mississippi, 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 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 thereto, with supporting briefs, may be filed within 30 days. The request of the Special Master to be discharged is granted and it is ordered that the Honorable Jean Sala Breitenstein is discharged as Special Master in this case.

No. 82-2113. Robert D. H. Richardson, Petitioner v. United States. The motion of the Solicitor General to permit Michael W. McConnell, Esquire, to present oral argument pro hac vice is granted.

No. 83-328. James Mabry, Commissioner, Arkansas Department of

Correction v. George Johnson. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-317. Sherman Block, Sheriff of the County of Los Angeles, et al., Petitioners v. Dennis Rutherford, et al. The motion of New York City Board of Correction for leave to file a brief as amicus curiae is granted.

No. 83-850. United States, Petitioner v. James Connors Karo, et al.

The motion for appointment of counsel is granted and it is ordered that respondent Gene R. Rhodes is allowed to proceed in forma pauperis and that Roger Bargas, Esquire, of Albuquerque, New Mexico, is appointed to serve as counsel for the respondent Gene R. Rhodes in this Court in this case. Justice Blackmun dissents. 394 MONDAY, FEBRUARY 27, 1984

No. 83-916. United States, Petitioner v. Allan Wayne Morton. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 83-1084. Vista Resources, Inc., et al., Petitioners v. Seagrave

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

Certiorari Granted

No. 83-990. School District of the City of Grand Rapids, et al., Peti- tioners v. Phyllis Ball, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. No. 83-1097. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Sandra Turner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H.

Thurston, et al. 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 Second Circuit granted.

Certiorari Denied

No. 83-671. Isaac Kattan-Kassin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-722. Orville Meyer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 83-734. Bayou Des Families Development Corporation, Peti- tioner v. United States Corps of Engineers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-772. Snowshoe Company, Petitioner v. John J. Kruse and Leonard K. Jackson. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-845. Illinois, Petitioner v. Michael Polovchak, et ux.; and

No. 83-5951. Walter Polovchak, Petitioner v. Anna Polovchak, et al. Petitions for writs of certiorari to the Supreme Court of Illinois denied.

No. 83-863. Mid-America Television Company, et al., Petitioners v. State Tax Commission of Missouri, et al.; and Wells Aluminum, Inc., MONDAY, FEBRUARY 27, 1984 395

Petitioner v. Administrative Hearing Commission. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 83-867. East Chicago Rehabilitation Center, 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. 83-879. Edward P. Grace, Petitioner v. United States Public Health Service and Umbert Hart. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-900. John D. Jones, aka Jack Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-948. Patrick J. Connolly, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fed- eral Circuit denied.

No. 83-982. James Dean Bridges and Percy Garcia, Petitioners v. McLennan County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-989. William N. James, et al., Petitioners v. Tennessee Valley Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1005. Willard Spaulding, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-1054. Debra P. Grimm, Petitioner v. Q. V. Leinart and Er- nest F. Phillips. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1087. Bobby C. Campbell, Petitioner v. Coal Processing Equipment, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1092. Eugene Boffa, Sr., Petitioner v. Unitd States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1100. Gary Lee Battaglia, Petitioner v. Committee of Bar Examiners of the State Bar of California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 83-1104. City of Newark, Petitioner v. Township of West Mil- ford. Petition for writ of certiorari to the Superior Court of New Jer- sey, Appellate Division, denied. 396 MONDAY, FEBRUARY 27, 1984

No. 83-1105. Robert J. Lewis, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 83-llllc Heublein, Inc., Petitioner v. General Cinema Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-1115. Herman V. Krezdorn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1123. Christine Van Wey, Petitioner v. Raymond F. O'Neal, et ux, et al. Petition for writ of certiorari to the Supreme Court of Ken- tucky denied.

No. 83-1125. Gary D. Gortmaker, Petitioner v. Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 83-1167. Mountainside Butter & Egg Company, Petitioner v. United States Department of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1174. Diamond Shamrock Chemicals Company, et al., Peti- tioners v. Michael F. Ryan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1175. Claire C. Gorst, Petitioner v. John R. Block, Secretary, U. S. Department of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1199. Tinnagorn Homsapaya, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1206. John F. Mekic, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1208* Monte Lee, Petitioner v. Warren E. Burger, Chief Jus- tice of the Supreme Court of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1233. Robert Anthony Bowden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1239. Eugene Kasick, et al., Petitioners v. John R. Block,

Secretary of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, FEBRUARY 27, 1984 397

No. 83-1253. Lawrence D. Morris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1256. G. Harold King, Jr., Petitioner v. Charles N. Malone, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5703. Jorge Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5717. Melvin Bay Guyon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5729. Jose Ramon Santana, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5744. Ronald Glen Shaw, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5772. J. W. McQueen, Petitioner v. J. E. Ramsey, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5790. Albert Hobbs, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-5795. Randy A. Schindler, Petitioner v. Clerk of Circuit

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

No. 83-5820. Howard Flomenhoft, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5844. Lyle Bruce Albright, Petitioner v. Donald E. Bordenkircher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5848. Terry E. Doll, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 83-5889. Benerethia McGill, Petitioner v. Margaret M. Heckler, Secretary, Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 398 MONDAY. FEBRUARY 27. 19S4

No. 83-5919. John Francis Meyer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5958. Stephen T. Keefe, Jr., as Guardian, etc., Petitioner i\ Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 83-5963. Paul E. Kane, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 83-5992. Yrineo Ysip Israel and Josefina Torres Israel, Petition-

ers v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6011. Virginia E. Wright, et al, Petitioners v. London Grove Township. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6014. Rudolph Lucien. Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois. First District, denied.

No. 83-6015. Donald Franklin. Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6027. Wesley Eugene Eubanks, Petitioner v. Dan V. McKaskle. Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6028. Frederika Blankner, Petitioner v. City of Chicago, et

al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6029. Carl M. Brown, Petitioner v. W. D. Wallace, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6030. Larry Archibald. Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Supreme Ju- dicial District, denied.

No. 83-6040. Kenneth R. Weiker. Petitioner u. South Dakota. Peti- tion for writ of certiorari to the Supreme Court of South Dakota denied.

No. 83-6049. Edgar C. Platel, Petitioner v. Maguire. Voorhis &

Wells, et al. Petition for writ of certiorari to the District Court of Ap- peal of Florida, Fifth District, denied. MONDAY, FEBRUARY 27, 1984 399

No. 83-6055. Victor Howard Van Sant, Petitioner v. Arlington County Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6073. William Lafayette Squires, Petitioner v. United States,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-6077. Ronald V. Peedin, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 83-6096. Laurence John Layton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6099. Lonnie Carlos Gates, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6113. Louise Campbell, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 83-6124. Donald Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6132. Carlosse Edrington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6137. George Lavoie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6145. Frank Palazzo, Petitioner v. Gulf Oil Corporation. Peti- tion for writ of certiorari to the United States Temporary Emergency Court of Appeals denied.

No. 83-6158. Anthony P. Catanzaro, Petitioner v. Hart Electronics Corp. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied.

No. 83-6163. Marion Fremont Sprague, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-6171. James A. Kelly, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 400 MONDAY, FEBRUARY 27, 1984

No. 83-6175. Angelo Gasdiel, Petitioner v. Michael P. Lane, Direc- tor, Illinois Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-634. California Department of Corrections, Petitioner v. United States and United States Marshals' Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice Rehnquist.

No. 83-835. Johnson City Central School District, et al., Petitioners v. Barbara Quackenbush, etc. The motion of Western New York Dis- ability Law Coalition 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. 83-1057. John DiGilio, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 83-1102. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Michael Hutchins. 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. 83-1130. Gerald D. Bair, Director, Iowa Department of Reve- nue, et al., Petitioners v. Atchison, Topeka and Santa Fe Railway Com- pany, et al. The motion of Iowa Farm Bureau Federation for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 83-5352. Gregory Arnold Murphy, Petitioner v. Kentucky; and

No. 83-5662. Keith Phillips, Petitioner v. Kentucky. Petitions for writs of certiorari to the Supreme Court of Kentucky denied. Dissent- ing opinion by Justice White with whom Justice Brennan and Justice Powell join.

No. 83-5799. Clifton Charles Russell, Jr., Petitioner v. Texas. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5943. William Wayne Gilbert, Petitioner v. New Mexico. Pe- tition for writ of certiorari to the Supreme Court of New Mexico denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, FEBRUARY 27, 1984 401

No. 83-6016. Laron Williams, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6020. Robert Douglas Smith, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-6043. Gregory Scott Engle, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6148. Robert Allan Teffeteller, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 83-6111. In Re Naum S. Bers, Petitioner. Petition for writ of mandamus is denied.

Rehearings Denied

No. 81-2159. Bill M. Silkwood, Administrator of the Estate of Karen G. Silkwood, Deceased, Appellant v. Kerr- McGee Corporation, etc., et al.;

No. 83-382. Bruce Warren Rush, Petitioner v. United States Agency for International Development, et al.;

No. 83-551. Hanson Bratton, et al., Petitioners v. Citv of Detroit, et al.;

No. 83-621. James N. Constant, Petitioner v. United States;

No. 83-5341. Richard Austin Greene, Petitioner v. Raymond D. Mas- sey, Superintendent, Union Correctional Institute;

No. 83-5387. Andrew Lee Mitchell, Petitioner v. Texas;

No. 83-5400. John Eugene Sellner, Petitioner v. George Albert

Hudnall, et al.;

No. 83-5664. Stan Sikorski, Petitioner v. Den Norske Amerikalinje, et al.;

No. 83-5701. James Adams, Petitioner v. Louie L. Wainwright, Sec- retary, Florida Department of Corrections;

No. 83-5737. Vernon Ray Cooper, Petitioner v. Florida; and

No. 83-5771. John Royse, Petitioner v. Corhart Refractories Com- pany. The petitions for rehearing are denied. 402 MONDAY, FEBRUARY 27, 1984 Assignment Order

An order of the Chief Justice designating and assigning Justice Stew- art (Retired) to perform judicial duties in the United States Court of

Appeals for the Sixth Circuit beginning October 1, 1984, and ending Oc- tober 5, 1984, and for such further time as may be required to complete unfinished business, pursuant to 28 U.S.C. Sec. 294(a), is ordered entered on the minutes of this Court, pursuant to 28 U.S.C. Sec. 295.

Recess Order

The Court will take a recess from Monday, March 5, 1984, until Mon- day, March 19, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

David R. Benjamin Badger, CA Philip Charles Bourdette Joseph E. Boyle Racine, WI Dennis J. Flynn Edward Thomas Brady Fayetteville, NC Ocie Fraser Murray Jr. Robert C. Brady Washington, PA John Frederick Bell Michael E. Busch San Diego, CA Keith E. McWilliams Jeffery Michael Campiche South Bend, WA James Martin Johnson Donald Chou Cotton Plant, AR Robert Lee Burgdorf Jr. Jack R. Cohen San Diego, CA Keith E. McWilliams Deborah Tharnish Craig Des Moines, IA C. Carleton Frederici

J. Richard Doyle San Francisco, CA Philip Kirk Jensen Samuel Miles Dumville Richmond, VA Walter A. Marston Jr. James Bennett Early Minneapolis, MN Thomas L. Fabel Victor Michael Epport Beverly Hills, CA Lawrin S. Lewin David Martin Erickson Des Moines, IA Steven Charles Goodrich MONDAY, FEBRUARY 27, 1984 403

Applicant City State Movant and ,

Gregory S. Erwin Alexandria, LA John Frederic Simon Jay Fleisher Tampa, FL Paul E. Ibach Alix Foster Seattle, WA Thomas W. Hillier II Leslie J. Frank Beverly Hills, CA Bert D. Greenberg Raymond Elliot Frost Fremont, CA Arthur Wells Jr. Perry L. Goorman Denver, CO Russell Paul Rowe Louis N. Haas San Francisco, CA Melvin K. Najarian Charles 0. Hagan Jr. Pine Island, FL Howard L. Garrett G. Dennis Halkides Redding, CA Robert Warren Baker Charles Everett Huff Las Vegas, NV James J. Brown Robert Neal Hunter Jr. Greensboro, NC Michael A. Hess Richard Raymond Johnson Yakima, WA David Albert Thorner Walter Minitre Jones III Augusta, GA David Clay Cross

Robert James Kerekes Livingston, NJ Michael I. Litvak Harold M. Kingsley New York, NY Michael John Ryan Kent E. Krause Nashville, TN Gary A. Brewer Scott Harrison Kreamer Olathe, KS Phillip A. Miller Laurence Kenneth Lau Honolulu, HI James H. Dannenberg Marlynn Bennett Lema Price, UT Stanley V. Litizzette Stephen B. Lowe New City, NY Kenneth Gribetz Theodore Ellis Meckler Cleveland, OH Benjamin B. Sheerer Edward A. Melia III Sacramento, CA John David Kuhner Mark Stuart Mendelsohn Gaithersburg, MD Henry Schofield Noble Paul Alan Mishkin Salem, NH Richard Bryant Modica 404 MONDAY, FEBRUARY 27, 1984

Applicant City and State Movant

Paul Francis Moore II Los Angeles, CA Michael Joseph Maloney Arthur L. Morgan Redding, CA Robert Warren Baker Barbara Naphtal Murphy Los Angeles, CA Gilbert Iberri Garcetti Brian Dodd Murphy New York, NY Huger Sinkler R. Dan Murphy Los Angeles, CA Gilbert Iberri Garcetti Swami Prem Niren Rajneeshpuram, Frank Josselson OR Robert P. Patterson Jr. New York, NY Frederick Townsend Davis Gary Phillip Paul St. Louis, MO Thomas Edward Eichhorst William Myles Permutt White Plains, NY Neal Alan Permutt Donald L. Petrulis Troy, MI Michael William Hutson Swami Premsukh Rajneeshpuram, Frank Josselson OR David A. J. Richards New York, NY Norman Dorsen Margene Ann Roper Port Orange, FL Richard Walter Prospect Robert R. Ruddock Boston, MA Joseph D. Alviani Robert James Slade Jr. Stockton CA Robert Jay Arnold Robert Perry Smith Denver, CO William L. Bromberg

WilliamT T llllCvlll McVev1'i.V T V_ V Smithkj 1 i 11 I i 1 Washingtont v Uul I J. 1 1 w tvllt DC-1—' V, Solicitor General Rex E Lee Ford Edwards Stinson Jr. Benton, LA James M. Bullers

i Dwi0*ht Edward Tarwatpi* Knoxville111 lU \ V 111V_ «, TNX X 1 Fostpr D Arnett C. Bruce Teeter Santa Ana, CA Charles Brent Swanson Bruce Edward Thiemann Peoria, IL James L. Hafele M. T. Thompson Jr. Saginaw, MI Jack Allan Weinstein Richard Paul Tieszen Pierre, SD William J. Srstka X

MONDAY, FEBRUARY 27, 1984 405

Applicant City and State Movant

William J. Troy III New York, NY Francis X. Byrn

o ivauvco v ante o i . San Rafael CA HarrvX CXI L V BA-J • Sondheim Mark A Venuti Washington, DC Burton D. Wechsler W. Mark Ward Memphis, TN George E. Whitworth Rony Werthamer Baltimore, MD Elliot Neil Lewis Kevin Michael Williams Alexandria, VA Kenneth Eric Siegel Daniel P. Wright Racine, WI Dennis J. Flynn William H. Yoes Beaumont, TX Fred Lock Benckenstein Alan R. Zuckerman Los Angeles, CA Patrick Francis Sheehy

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Christopher Miller Klein Washington, DC Edwin Smiley Kneedler Richard A. Alatalo Redford Irving Township, MI Achtenberg Robert Earl Thomas San Francisco, CA James Russell Jamison Jr.

Oral Argument

No. 83-56. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner v. Community Health Services of Crawford County, Inc., et al. Argued by Mr. Kenneth S. Geller for the petitioner and by Mr. Raymond G. Hasley for the respondents. No. 82-1772. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Freeman H. Ringer, et al. Argued by Mr. Ed- win S. Kneedler for the petitioner and by Mr. Malcolm J. Harkins, III, for the respondents.

No. 83-219. Gary McDonald, Petitioner v. City of West Branch, Michigan, et al. Argued by Mr. David J. Achtenberg for the petitioner and by Mr. Richard G. Smith for the respondents. 406 MONDAY, FEBRUARY 27, 1984

No. 83-196. William D. Ruckelshaus, Administrator, United States

Environmental Protection Agency, Appellant v. Monsanto Company. Argued by Mr. Lawrence G. Wallace for the appellant and by Mr. A. Raymond Randolph, Jr., for the appellee.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, FEBRUARY 28, 1984 407 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinions

No. 82-786. United States, Petitioner v. John Doe. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judg- ment affirmed in part, reversed in part and case remanded to the United States District Court for the District of New Jersey for further proceedings in conformity with the opinion of this Court. Opinion by Justice Powell. Concurring opinion by Justice O'Connor. Opinion by Justice Marshall concurring in part and dissenting in part with whom Justice Brennan joins. Opinion by Justice Stevens concurring in part and dissenting in part.

No. 82-862. Consolidated Rail Corporation, Petitioner v. Lee Ann LeStrange Darrone, as Administratrix of Estate of Thomas LeStrange. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Powell.

No. 82-792. Grove City College, Individually and on behalf of its students, et al., Petitioners v. Terrel H. Bell, Secretary of Education, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice White. Concur- ring opinion by Justice Powell with whom the Chief Justice and Justice O'Connor join. Opinion by Justice Stevens concurring in part and concurring in the result. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall joins.

Admissions to the Bar on Oral Motion

Applicant City and State Movant

Michael Duane Davis Victorville, CA Daniel J. Andersen Arthur Edward Wilmarth Washington, DC James Frederick Jr. Bell James Vincent Wade Pittsburgh, PA George E. Schumacher 408 TUESDAY, FEBRUARY 28, 1984

Oral Arguments

No. 83-87. Board of Education of Paris Union School District No. 95, et al., Petitioners v. Jesse A. Vail. Argued by Mr. Thomas Reed Miller for the petitioners and by Mr. Marc J. Ansel for the respondent.

No. 83-1. Theodore Koehler, Warden, Petitioner v. Tilden N. Engle. Argued by Mr. Louis J. Caruso for the petitioner and by Mr. John Nussbaumer for the respondent.

No. 82-6840. Michael P. James, Petitioner v. Kentucky. Argued by Mr. C. Thomas Hectus for the petitioner and by Ms. Penny R. Warren for the respondent.

No. 83-95. Ernest S. Patton, Superintendent, SCI-Camp Hill and LeRoy S. Zimmerman, Attorney General of Pennsylvania, Petitioners v. Jon E. Yount. Argued by Mr. F. Cortez Bell, III, for the petitioners and by Mr. George E. Schumacher for the respondent.

Adjourned until tomorrow at 10 o'clock. x

Order in Pending Case

No. A-686. Johnny Taylor, Jr., Applicant v. Ross Maggio, Warden, et al. The application for certificate of probable cause and stay of execution of the sentence of death presented to Justice White and by him referred to the Court is denied. Justice Brennan and Justice Stevens would grant the application. Justice Marshall took no part in the consideration or decision of this application. (JOURNAL) WEDNESDAY, FEBRUARY 29, 1984 409 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinion

No. 81-2149. Herman Solem, Warden, Petitioner v. Norman Stumes. 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 White. Opinion by Justice Powell concurring in the judgment. Dissenting opinion by Justice Stevens with whom Jus- tice Brennan and Justice Marshall join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Claudia Hastings Dulmage Washington, DC Solicitor General Rex E. Lee Nancy L. Coats Washington, DC Molly Shi Boren William C. Lebo Jr. Las Vegas, NV Warren M. Christopher J. Michael Cutshaw Baton Rouge, LA Joseph M. Connolly Steven G. Thomson Reed Washington, DC Matthew Joel Zinn Oral Arguments

No. 81-757. W. Wayne Allen, Petitioner v. Inez Wright, etc., et al.; and

No. 81-970. Donald T. Regan, Secretary of the Treasury, et al., Peti- tioners v. Inez Wright, et al. Argued by Mr. Solicitor General Rex E. Lee for the petitioners in No. 81-970, by Mr. William J. Landers, II, for the petitioner in No. 81-757, and by Mr. Robert H. Kapp for the respondents in both cases.

No. 82-708. Summa Corporation, Petitioner v. California ex rel. State Lands Commission and City of Los Angeles. Argued by Mr. War- ren M. Christopher for the petitioner, by Mr. Louis F. Claiborne for the United States as amicus curiae, by special leave of Court, and by Ms. Nancy Alvarado Saggese for the respondents. 410 WEDNESDAY, FEBRUARY 29, 1984

No. 82-1608. South-Central Timber Development, Inc., Petitioner v. Esther Wunnicke, Commissioner, Department of Natural Resources of

Alaska, et al. Argued by Mr. LeRoy Eugene DeVeaux for the petitioner, by Ms. Kathryn A. Oberly for the United States as amicus curiae, by special leave of Court, and by Mr. Ronald W. Lorensen for the respondents.

No. 82-1005. Chevron U.S.A. Inc., Petitioner v. Natural Resources

Defense Council, Inc., et al.;

No. 82-1247. American Iron and Steel Institute, et al., Petitioners v. Natural Resources Defense Council, Inc., et al.; and No. 82-1591. William D. Ruckelshaus, Administrator, Environmen- tal Protection Agency, Petitioner v. Natural Resources Defense Coun- cil, Inc., et al. Argued by Mr. Paul M. Bator for the petitioners and by Mr. David D. Doniger for the respondents.

Adjourned until Monday, March 5, 1984 at 10 o'clock. x (JOURNAL) MONDAY, MARCH 5, 1984 411 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Blackmun, Justice Rehnquist, and Justice Stevens. 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."

Appeals—Summary Disposition

No. 83-1041. J. T. Taylor, Jr., Zachary Taylor, Gordon H. Denton and L. J. Moore, Appellants v. North Carolina. Appeal from the Court of Appeals of North Carolina. The appeal is dismissed for want of a substantial federal question. Justice Marshall took no part in the consideration or decision of this case.

No. 83-1055. Dennis Hahn, Appellant v. Bryant-Poff, Inc. Appeal from the Court of Appeals of Indiana, First District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Jus- tice Marshall took no part in the consideration or decision of this case.

Certiorari—Summary Disposition

No. 81-2340. J. W. Fairman, Warden, Petitioner v. Eutues White. On petition for writ of certiorari to the United States Court of Appeals for the Seventh 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 Seventh Circuit for further consideration in light of Solem v. Stumes, 465 U.S. k2cL (1984). Justice Marshall took no part in the consideration or decision of this motion and this case.

Orders in Pending Cases

No. . In the Matter of the Admission of Mark Edward Edison. The application of Mark Edward Edison for admission to the Bar of this Court is granted. The Chief Justice, Justice Blackmun and Justice Powell would deny the application without prejudice to its renewal three years from this date. Justice Marshall took no part in the consideration or decision of this order. 412 MONDAY, MARCH 5, 1984

No. A-653. Rufus Edmisten, et al., Applicants v. Ralph Gingles, et al. The application to stay the mandate of the United States District Court for the Eastern District of North Carolina pending appeal addressed to Justice Powell and referred to the Court is denied. Justice Marshall took no part in the consideration or decision of this application. No. D-370. In the Matter of Disbarment of Carl Goldfarb. Disbar- ment order entered. Justice Marshall took no part in the consideration or decision of this case.

No. D-377. In the Matter of Disbarment of David J. Mandel. Disbar- ment order entered. Justice Marshall took no part in the consideration or decision of this case. No. D-383. In the Matter of Disbarment of Franklyn L. Lowenthal. Disbarment order entered. Justice Marshall took no part in the consideration or decision of this case. No. D-384. In the Matter of Disbarment of Philip Harold Bizar. Dis- barment order entered. Justice Marshall took no part in the consideration or decision of this case. No. D-389. In the Matter of Disbarment of Ray Jeffrey Cohen. Dis- barment order entered. Justice Marshall took no part in the consideration or decision of this case. No. D-408. In the Matter of Disbarment of Leonard L. Levenstein. It is ordered that Leonard L. Levenstein, of Coral Gables, 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. Justice Marshall took no part in the consideration or decision of this case.

No. 82-315. Oregon, Petitioner v. Gary Patrick Roberti. The motion of petitioner to expedite consideration of the petition for a writ of certiorari is denied. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-305. California, Petitioner v. Albert Walter Trombetta, et al. The motion of National District Attorneys Association, Inc., et al. for leave to file a brief as amid 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. Justice Marshall took no part in the consideration or decision of these motions.

No. 83-490. Ralph Davis, etc., et al., Appellants v. Gregory Scott Scherer. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. MONDAY, MARCH 5, 1984 413

Justice Marshall took no part in the consideration or decision of this motion.

No. 83-498. G. Michael Brown, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al.; and

No. 83-573. Martin Danziger, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al. The motion of International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America for leave to file a brief as amicus curiae is granted. Justice Marshall took no part in the consideration or decision of these motions. No. 83-724. Kathryn R. Roberts, Commissioner, Minnesota Depart- ment of Human Rights, et al., Appellants v. United States Jaycees. The motion of Community Business Leaders for leave to file a brief as amicus curiae is granted. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-1334. Andrew J. Winston, Sheriff and Aubry M. Davis, Jr., Petitioners v. Rudolph Lee, Jr. The motion of respondent for leave to proceed in forma pauperis is granted. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-1386. Ronald A. Leggett, etc., et al., Petitioners v. Craton

Liddell, et al. The application for stay addressed to Justice O'Connor and referred to the Court is denied. Justice Marshall took part in the consideration or decision of this application.

No. 83-5596. Joseph Robert Spaziano, Petitioner v. Florida. The motion of Richard W. Ervin, et al. for leave to file a brief as amici curiae is granted. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-6032. Norman Edward Tedder, Petitioner v. Gene Hanners, etc., et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 26, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), I would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-6138. John Allen Flasman, Jr., Petitioner v. Commissioner of Internal Revenue. The motion of petitioner for leave to proceed in 414 MONDAY, MARCH 5, 1984 forma pauperis is denied. Petitioner is allowed until March 26, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis. Justice Marshall took no part in the consideration or decision of this motion.

Certiorari Granted

No. 83-773. Oregon, Petitioner v. Michael James Elstad. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Court of Appeals of Oregon granted. Justice Marshall took no part in the consideration or decision of this motion and this petition.

No. 83-1020. Ohio, Petitioner v. William Lee Kovacs, dba B & W En- terprises, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1075. Central Intelligence Agency, et al., Petitioners v. John Cary Sims and Sidney M. Wolfe. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1132. Park 'N Fly, Inc., Petitioner v. Dollar Park and Fly, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1158. Estate of Donald E. Thornton, Petitioner v. Caldor,

Inc. The motion of Council of State Governments, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Supreme Court of Connecticut granted. Justice Marshall took no part in the consideration or decision of this motion and this petition.

Certiorari Denied

No. 83-373. W. Eugene Scott, Petitioner v. Joel Rosenberg, et al.; and

No. 83-570. W. Eugene Scott, Petitioner v. Joel Rosenberg, et al. Petitions for writs of certiorari to the United States Court of Appeals MONDAY, MARCH 5, 1984 415 for the Ninth Circuit denied. Justice Marshall took no part in the consideration or decision of these petitions.

No. 83-628. Primo Mollica, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-851. South Street Seaport Museum, etc., Petitioner v. Craig

McCarthy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-890. Albert Spielvogel, Petitioner v. United States; and

No. 83-894. Harold Levy, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of these petitions. No. 83-897. Lourdes Blanco Stonehill and Pacita C. Brooks, Petition- ers v. United States;

No. 83-908. Harry S. Stonehill, Petitioner v. United States; and

No. 83-909. Robert P. Brooks, Petitioner v. United States. Petitions fors writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Marshall took no part in the consideration or decision of these petitions.

No. 83-898. Everette Oneil Turberville, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-903. Gabriel Briguglio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1022. Fred Earullo and Louis Klisz, Petitioners v. Illinois. Pe- tition for writ of certiorari to the Appellate Court of Illinois, First Dis- trict, denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1073. Maidsville Coal Company, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1127. Sears, Roebuck and Co., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for 416 MONDAY, MARCH 5, 1984

the Ninth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1135. Serge M. d'Elia, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of Cali- fornia, County of Riverside, denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1136. Jerry L. Robinett, Petitioner v. Schwerman Trucking Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1139. Tillie Moore, Petitioner v. Buffalo Board of Education. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1142. Cosmar Compania Naviera, S.A., et al., Petitioners v. Symeon Symeonides, etc. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1150. Cameron K. Wehringer, Petitioner v. Kathy Gardner. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1152. Charles X. Bell, Petitioner v. City of Louisville. Peti- tion for writ of certiorari to the Court of Appeals of Kentucky denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1154. Mount Airy Lodge, Inc., Petitioner v. Upjohn Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1157. James Bullett, Administrator of the Estate of Kenneth

Bullett, et al., Petitioners v. United Technologies Corporation Repre- sented Employee Retirement Plan. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1159. William Kuntz, III, Petitioner v. Winters National

Bank and Trust Co., et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. Justice Marshall took no part in the consideration or decision of this petition. MONDAY, MARCH 5, 1984 417

No. 83-1161. Robert J. Maylie, Jr., Petitioner v. National Railroad Passenger Corporation, aka AMTRAK. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice Marshall took no part in the consideration or decision of this petition.

No. 83-1163. Bolar Pharmaceutical Co., Inc., Petitioner v. Ciba- Geigy Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1210. John Pugioti, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1215. South Carolina, et al., Petitioners v. John R. Block,

Secretary, United States Department of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1276. David Montgomery Webb, Petitioner v. Robert M. Landon, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1277. Sandra Stege, Individually and as Administratrix of the Estate of Robert H. Stege, Petitioner v. United States and Muhammed A. Ansari. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1288. Robert Brian Crim, Petitioner v. G. William Hunter, United States Attorney for the Northern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1300. Raja Nori, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1317. Norman Bialy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third 418 MONDAY, MARCH 5, 1984

Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5154. Michael R. Wood, Petitioner v. Santa Barbara Chamber of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5156. Michael R. Wood, Petitioner v. Xerox, A New York Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5310. Michael R. Wood, Petitioner v. Santa Barbara Chamber of Commerce, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5773. Stacey Lane, Petitioner v. Ronald C. Marshall, Super- intendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5796. Michael David Crowe, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5824. Donald Dwayne Connelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5843. Robert A. Wilkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5857. Jose Manuel Sosa, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5867. Dumitru D. Carstea, et al., Petitioners v. Poplar Tree Homeowners Association. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Marshall took no part in the consideration or decision of this petition. MONDAY, MARCH 5, 1984 419

No. 83-5868. Dumitru D. Carstea, Petitioner v. Poplar Tree Home- owners Association. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5880. John A. Brown, Petitioner v. James H. Rose, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5882. Michael R. Andree, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5886. William Fred Goins, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-5888. Dominic Principato, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6036. Jackson M. Martin, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6037. Michael Ray Webb, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice Mar- shall took no part in the consideration or decision of this petition.

No. 83-6044. James Edward Hall, Petitioner v. Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6045. Raydell English, Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6050. Lewis Morris, Jr., Petitioner v. Police Detective, Hen-

derson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition. 420 MONDAY, MARCH 5, 1984

No. 83-6051. Clarence Joseph Muszynski, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6054. Julius Caesar Merrill, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6059. Alexander Fears, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, West- ern Division, denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6079. Daniel Norris, Petitioner v. Walter W. Redman, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6083. Leon Lewis, Petitioner v. Charles Scully, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6085. Michael Jones, Petitioner v. Charles Scully, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6091. James P. Fox, Petitioner v. Mary Dixon. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition. No. 83-6098. Sam A. Leonardi, Petitioner v. Sta-Rite Reinforcing,

Inc., et al. Petition for writ of certiorari to the Supreme Court of Michi- gan denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6100. Harvey F. Euge, Petitioner v. James F. Golden, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6114. Lee Royal Fisher, Petitioner v. William Fauver, Direc- tor of the Division of Correction and Parole, et al. Petition for writ of MONDAY, MARCH 5, 1984 421 certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6117. Larry Grant Bowring, Petitioner v. Louis Barber,

Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6122. Cyrus H. Khabiri, Petitioner v. George L. Wallace, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6123. Genette Malik, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6143. Henry L. Davis, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6157. Kenneth Edward Canda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6170. John S. Grimes, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Jus- tice Marshall took no part in the consideration or decision of this petition.

No. 83-6176. Robie Louis Scott, Petitioner v. St. Paul Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6192. John Birch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6194. Gerald G. Kramer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice Marshall took no part in the consideration or decision of this petition. 422 MONDAY, MARCH 5, 1984

No. 83-6198. Pedro Perez-Paez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6204. Michael Charles Ward, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6205. Jack McElroy Underwood, Petitioner v. John D. Rees,

Superintendent, Kentucky State Reformatory, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6217. Michael Bevans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6220. Everett R. Darnell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6221. Richard Francis DeVincent, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6223. Claude Helton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6225. Walter R. Wood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-949. William H. Stepney, Jr., Petitioner v. Connecticut. The motion of respondent for damages is denied. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice Marshall took no part in the consideration or decision of this motion and this petition.

No. 83-1140. Arizona, et al., Petitioners v. Atchison, Topeka and Santa Fe Railway Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice MONDAY, MARCH 5, 1984 423

Marshall and Justice O'Connor took no part in the consideration or decision of this petition.

No. 83-5767. Michael Dale Leatherwood, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Justice Brennan, dissenting: Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227 (1976), I would grant certiorari and vacate the death sentence in this case. Justice Marshall took no part in the consideration or decision of this case.

No. 83-6084. William Neal Moore, Petitioner v. Charles Balkcom,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Brennan dissenting: Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth

Amendments, Gregg v. Georgia, 428 U.S. 153, 227 (1976), I would grant certiorari and vacate the death sentence in this case. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-6150. Jesse Joseph Tafero, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Bren- nan dissenting: Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and

Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227 (1976), I would grant certiorari and vacate the death sentence in this case. Jus- tice Marshall took no part in the consideration or decision of this petition.

No. 83-5825. Daniel Michael Daly, Petitioner v. United States. The petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit is dismissed. Molinaro v. New Jersey, 396 U.S. 365 (1970). Justice Marshall took no part in the consideration or decision of this petition.

Mandamus Denied

No. 83-1269. In Re Jose M. Fernandez, et al, Petitioners. Petition for writ of mandamus is denied. Justice Marshall took no part in the consideration or decision of this petition.

Rehearings Denied

No. 82-357. Michigan, Petitioner v. Raymond Clifford and Emma Jean Clifford; 424 MONDAY, MARCH 5, 1984

No. 83-638. Alcan Aluminium Limited, Petitioner v. Franchise Tax Board of California, et al;

No. 83-5581. Willie L. Glover, Jr., et al., Petitioners v. Clifford L. Alexander, Jr. Secretary of the Army; ,

No. 83-5696. Rodney B. Caulton, Petitioner v. Hospital of the Good Samaritan, et al;

No. 83-5724. George Baltsavias, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services;

No. 83-5734. David E. Martel, et al., Petitioners v. New Hampshire, et al.; and

No. 83-5862. Paul Richard Manko, Petitioner v. United States. The petitions for rehearing are denied. Justice Marshall took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

James M. Aaron Jr. Rossville, GA Larry Dean Ruskaup Bruce P. Babbitt Seattle, WA Thomas J. Greenan Irving A. Backman Boston, MA Jack H. Backman John Feild Batte Jr. Richmond, VA Oakley James Graham Jr. Mark F Baum Vancouver, WA Barbara Dencie Johnson James Peter Bennett Pasadena, CA Hans E. Menter Wesley Gene Beverlin Los Angeles, CA B. Richard Marsh Richard L. Bourland Fort Worth, TX John B. McClane Timothy J. Brennan Mount Kisco, NY Richard Ethan Grayson Thomas H. Brock Monroe, IA Joseph E. Casson Myron B. Charfoos Birmingham, MI Melvyn J. Kates Dale R. Crandall Perrysburg, OH David R. Pheils Jr. Steven Paul Crickard Los Angeles, CA Judge Jack A. Crickard Daniel Frank Dean Palestine, TX J. Christopher Kolstad MONDAY, MARCH 5, 1984 425

Applicant City and State Movant

David Harold Dille Pittsburgh, PA Robert J. Stefanko Charles J. DiMare Amherst, MA Richard Wayne Cole John C. Dodge Rogers, AR John E. Jennings Frank W. Doster Milwaukee, WI Dominic Salvatore Amato James Michael Dubelko North Olmsted, Arthur P. OH Lambros Mark Eckstein Amherst, MA Richard Wayne Cole Mark Edward Edison Shepherds ville, J. Chester Porter KY David R. Ford Washington, DC Joseph E. Casson Jeffrey Kelsey Furrow Sandusky, OH Kenneth Edward Tone Michael Raymond Gareau North Olmsted, Arthur P. OH Lambros Richard Anthony Gartner St. Louis, MO Erio M. Comici Edward Samuel Gelfand Los Angeles, CA Robert Dean LaFramenta Peter J. S. Gerard Buffalo, NY Stanley A. Moskal " Jr. Robert Gold Washington, DC Jon T. Brown Merwin Darwin Grant Phoenix, AZ Solicitor General Rex E. Lee Madeleine Fried Grossman Westport, CT William J. Doyle Elizabeth Hubbard Chicago, IL Claudia Oney Richard John Jason Marquette, MI David M. Savu Stephen W. Jones Little Rock, AR Philip K. Lyon Harry Thomas Jones Jr. Washington, DC Lee Loevinger Zev Evan Kaplan Carson City, NV William Parnell Curran J. Frank Kimbrough Fort Wayne, IN Frank James Gray David Biggs Kultgen Houston, TX William L. Owen William Armstrong Leffler Sanford, FL Harvey M. Alper III Kenneth Lerner Portland, OR Steven T. Wax j

I 426 MONDAY, MARCH 5, 1984

Applicant City and State Movant

Hugh Andrew Lloyd Orange, CA D. Elliott Whitlock Arnold Buffum Lovell New York, NY Gordon Lee Garrett Jr. Richard J. McAfee Chattanooga, TN George M. Derryberry Bruce Lane McClure Covington, KY Richard Stanley Nelson

John C. McDonald Columbus, OH Dwight I. Hurd

T"> TA/T j_ " j T\ XT Brian Meer Detroit, MI Erwin A. Rubenstein Lawrence N. Minch San Francisco, CA Thomas Eaton Kimball Donald William Molloy Billings, MT James Battin James Joseph Montague Jr. Knoxville, TN Douglas A. Trant Tim Moran Tampa, FL Lawrence Hanna Samaha Peter J. Mozena Vancouver, WA Daniel Gabe Marsh James Alan Murray San Francisco, CA Frank Conger Fawcett David Z. Nevin Boise, ID Timothy K. Ford Mary K. Nichols Taunton, MA Donna MacLean Vaughn John Theodore Nockleby Charlotte, NC Jonathan Wallas Mark Randall Oppenheimer Los Angeles, CA Charles Peter Diamond Rinaldo Arthur Pace Smithtown, NY Alfred Clifford Tisch Sheldon Carl Perhacs Birmingham, AL Billy L. Barnett Donald G. Peterson Chicago, IL Wayne B. Giampietro Charles C, Piatt New York, NY Grant S. Lewis Dyarme Klein Polatin Boston, MA Barbara A. H. Smith Charles F. G. Raikes New York, NY Gordon Lee Garrett Jr. Charles W. Rankin Boston, MA Max D. Stern MONDAY, MARCH 5, 1984 427

Applicant City and State Movant

Joseph Marc Sellers Washington, DC Roderic V. 0. Boggs

WilliamTT XXXXCXXX1 JKJ • StackKJ l/l4V>Xk. Houston, TX Charles W. Matthews Douglas R Stevens Manhasset NY William Dodd Hathaway

Rirhard E Timhip "Wash 1110+011 \J\J11\JOono RXV* Namorato

Osvaldo Tolpdo-Martinez San Juan PR Juanxj vtCXXl. RXV* Zalduondo Viera Tjarrv D Vai]p*ht Little Rock AR Judffe Richard Sheppard Arnold Michael Brunson Wallace Jackson, MS Thomas Lyon Wallace John Howard Watson Atlanta, GA Arch Y. Stokes Joseph Jerrold Watson Greenville, SC Cecil Huron Nelson Jr. John R. Wilks Fort Wayne, IN Frank James Gray B. John Williams Jr. Washington, DC Glenn LeRoy Archer Jr. Mark Travis Young Chattanooga, TN Clarence E. Walker

Opinions

No. 82-1050. Margaret M. Heckler, Secretary of Health and Human

Services, Appellant v. Robert H. Mathews, et al. Appeal from the United States District Court for the Northern District of Alabama. Judgment reversed and case remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan.

No. 82-1256. Dennis Lynch, etc., et al., Petitioners v. Daniel Don- nelly, et al. 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 the Chief Justice. Concurring opinion by Jus- tice O'Connor. Dissenting opinion by Justice Brennan with whom Jus- 428 MONDAY, MARCH 5, 1984 tice Marshall, Justice Blackmun and Justice Stevens join. Dissenting opinion by Justice Blackmun with whom Justice Stevens joins.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Minna K. Katz Detroit, MI Solicitor General Rex E. Lee Alan Curtis Nelson Washington, DC Solicitor General Rex E. Lee Koteles Alexander, I Miami, FL William T. Coleman, Jr. Skip Short New York, NY Thomas George Krattenmaker Timothy Newell Atherton Johnstown, PA Judge Joseph F. O'Kicki James M. Gdula Johnstown, PA Judge Joseph F. O'Kicki W. Patrick James Johnstown, PA Judge Joseph F. O'Kicki Norman Augustus Johnstown, PA Judge Joseph F. Krumenacker III O'Kicki Edward G. Kuyat Jr. Johnstown, PA Judge Joseph F. O'Kicki Mark Parseghian III Johnstown, PA Judge Joseph F. O'Kicki Toni-Renee Putt Ebensburg, PA Judge Joseph F. O'Kicki Michael W. Sahlaney Johnstown, PA Judge Joseph F. O'Kicki Ernest R. Walker Johnstown, PA Judge Joseph F. O'Kicki James Richard Walsh Johnstown, PA Judge Joseph F. O'Kicki Paul Wilson Wheeler Ebensburg, PA Judge Joseph F. O'Kicki Randy M. Wisnouse Johnstown, PA Judge Joseph F. O'Kicki

Raymond J. Zadzilko Ebensburg, PA Judge Joseph F. O'Kicki MONDAY, MARCH 5, 1984 429

Applicant City and State Movant

David Wesley Sumner Fayetteville, AR H. J. Clausen Kevin William Bond San Francisco, CA H. J. Clausen Debra Lynn Boudreau San Diego, CA H. J. Clausen James Michael Miller Anaheim, CA H. J. Clausen Randall Bruce Pyles Oceanside, CA H. J. Clausen Gary Michael Manuele Cocoa, FL H. J. Clausen Michael Patrick Morgan Jacksonville, FL H. J. Clausen Richard D. Rosen Miami, FL H. J. Clausen Henry Franklin Young III Bartow, FL H. J. Clausen Thomas Joseph Murphy Davenport, IA H. J. Clausen Robert John VanHooser Highland Park, IL H. J. Clausen Philip A. Savoie Cut Off, LA H. J. Clausen John Popescu Detroit, MI H. J. Clausen Steven Kent Mulliken St. Louis, MO H. J. Clausen Garry Leroy Brewer Moss Point, MS H. J. Clausen Judith M. Guarino Fayetteville, NC H. J. Clausen Peter Arnold Hill Southern Pines, H. J. Clausen NC Donald Thomas MacArgel Colonia, NJ H. J. Clausen Bruce Edward Avery Rochester, NY H. J. Clausen Paul A. Capofari Staten Island, NY H. J. Clausen John Thomas Phelps II Zanesville, OH H. J. Clausen Jessica Pennybacker Polley Pryor, OK H. J. Clausen Harry Daniel Brown Allentown, PA H. J. Clausen Harry Lee Dorsey Pittsburgh, PA H. J. Clausen Richard Allen Bursell Vermillion, SD H. J. Clausen Nolon John Benson Jr. Murfreesboro, TN H. J. Clausen David V. Houpe Memphis, TN H. J. Clausen Kathryn Sue Fetchin Pasadena, TX H. J. Clausen Forrester

V. Monty Forrester Austin, TX H. J. Clausen Holly Mix Kennerly Harker Heights, H. J. Clausen TX Michael Devon Kennerly Harker Heights, H. J. Clausen TX Frank Lee Melton Lubbock, TX H. J. Clausen Stuart Haston Simms San Antonio, TX H. J. Clausen 1 0P

430 MONDAY, MARCH 5, 1984

Applicant City and State Movant

f^lancipn Donald William Struve Austin TX H11. oJ • viaUoCH

Johnny Wesley Thomas Jr. WichitaVV Id 11 Let 1Fallsdllo, TX1 J\. H T f^.lmiQPnV^ldUoCll flitv T Robert Lawrence Horalek Salt T.akp 11H . o . V-zldUocll TITU 1

(~^, John S. Albanese KjiiaLVi s> vl1ULLC&nt" f cviV lilt:,1 1 & H. J. Clausen

VAv n.

(~*, William Edward Bubsey OlldlVl 51 1*1lULLcoCitt &C VIV llltr,1 1 & H. J. Clausen

VAV A

1 Wayne Thomas Crowder KjUcLII Vl 51 vllULLcOCitf (± CV1Vlllc,1 1 H.J. Clausen

VAv n

- Thomas Rene Henry V^llctll! Vi ci vllULLcont t & sviVllltJ,1 H. J. Clausen

VAV -Tjl

51 C 1 1 Roger Douglas Marlow f^!V^lldlVl vllULLcbt A VIV llltr,e» H. J. Clausen VA James Thomas Marshall Jr. Charlottesville H. J. Clausen VA

James Albert McAtamney XFalkdllo V_^ilUldl,CVmrrVi VAV -Tl. H. J. Clausen

James Dickson Polley IV OkJI lllgllClll, V A H. J. Clausen

Steven Michael Post V_>lldl^Vl 51 vlnflULLCOf PdvillflVlilt, H. J. Clausen

VAv ri

Thomas Joseph Romig V^llctlC*. Vl 51 vllULLCor»t" t" P <2 VIV 111c,1 1 H.J. Clausen VA

David W. Wagner V^lldlf^Via vlnttpQvillpIL/Ll/Co V 111C, H. J. Clausen VA

Michael E. Schneider ivj.il wdUncc, yy l H. J. Clausen Bradley Eugene Bodager Elkview, WV H. J. Clausen Danny Ray Moye Beckley, WV H. J. Clausen * Kevin L. Call Afton, WY H. J. Clausen

Adjourned until Monday, March 19, 1984 at 10 o'clock. (JOURNAL) TUESDAY, MARCH 13, 1984 431 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Certiorari Denied

No. 83-5720, James David Autry, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6388. James David Autry, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. The application for stay of execution of the sentence of death presented to Justice White and by him referred to the Court is denied. The application for certificate of probable cause is denied. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins.

(JOURNAL) WEDNESDAY, MARCH 14, 1984 433 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Order in Pending Case

No. A-725. Harry Eugene Claiborne, United States District Judge,

Applicant v. United States. The application to stay proceedings in the United States District Court for the District of Nevada presented to Justice White and by him referred to the Court is denied.

(JOURNAL) MONDAY, MARCH 19, 1984 435 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-640. Texas, Appellant v. KVUE-TV, Inc., et al. Appeal from the United States Court of Appeals for the Fifth Circuit. The judgment is affirmed. Justice Rehnquist, Justice Stevens and Justice O'Connor would note probable jurisdiction and set the case for oral argument.

No. 83-880. Raymond Johnson, Appellant v. Jeff Schermerhorn and Perry Schermerhorn. Appeal from the Supreme Court of Minnesota. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1190. Athens Lumber Company, Incorporated and John P.

Bondurant, Appellants v. Federal Elections Commission, et al. Appeal from the United States Court of Appeals for the Eleventh Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1265. Daniel R. DeNardo, Appellant v. Karl S. Johnstone,

Judge, Alaska Judicial Council, et al. Appeal from the Supreme Court of Alaska. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6166. Joan A. Pope, et al., Appellants v. Joliet Federal Sav- ings and Loan Association. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6202. Vincent Graham Taylor, Appellant v. United States. Appeal from the United States Court of Appeals for the Eleventh Cir- cuit. The appeal is dismissed for want of jurisdiction. Treating the pa- 436 MONDAY, MARCH 19, 1984 pers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-911. United States Brewers Association, Inc., et al., Appel- lants v. Abe Rodriguez, Director, New Mexico Department of Alcoholic Beverage Control, et al.; and

No. 83-927. Anheuser-Busch, Inc., Appellant v. Abe Rodriguez, Di- rector, New Mexico Department of Alcoholic Beverage Control. Ap- peals from the Supreme Court of New Mexico. The appeals are dismissed for want of a substantial federal question. Concurring opinion by Justice Stevens. Justice Powell took no part in the consideration or decision of these cases.

No. 83-1086. Top Tile Building Supply Corporation, et al., Appel- lants v. New York State Tax Commission, et al. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of jurisdiction.

No. 83-1224. Consumer Value Stores, Appellant v. Board of Phar- macy of New Jersey. Appeal from the Superior Court of New Jersey, Appellate Division. The appeal is dismissed for want of a substantial federal question.

No. 83-6186. Ralph Clapp Rogers, Appellant v. North Carolina. Ap- peal from the Supreme Court of North Carolina. The appeal is dismissed for want of a substantial federal question.

No. 83-1280. Jeanne Aimone, Appellant v. Morgan M. Finley, Clerk of the Circuit Court of Cook County. Appeal from the Appellate Court of Illinois, First District. The appeal is dismissed for want of jurisdiction, it appearing the judgment below rests upon independent and adequate state grounds.

Certiorari—Summary Disposition

No. 82-2094. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner v. Sidney J. Webb. 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 remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Heckler v. Mathews, 465 U.S. (1984).

No. 82-5812. Douglas James Scanlon, Petitioner v. Atascadero State Hospital and California Department of Mental Health. 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 MONDAY, MARCH 19, 1984 437 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 Ap- peals for the Ninth Circuit for further consideration in light of Consoli- dated Rail Corporation v. Darrone, 465 U.S. (1984).

No. 8&-650. Lee Meyerson, Petitioner v. Arizona, et al. 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 remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Con-

solidated Rail Corporation v. Darrone , 465 U.S. (1984). Justice O'Connor took no part in the consideration or decision of this case.

Orders in Pending Cases

No. . Hoopa Valley Tribe of Indians, Petitioner v. Jessie Short, et al. The motion for leave to file a petition for writ of certiorari with an appendix that does not comply with the Rules of the Court is granted. No. D-368. In the Matter of Disbarment of Allan F. Glasschroeder. Disbarment order entered. No. D-379. In the Matter of Disbarment of Neal L. Grossman. Dis- barment order entered. No. D-381. In the Matter of Disbarment of Victor C. Cairo. Disbar- ment order entered. No. D-394. In the Matter of Disbarment of Arnold Schlesinger. Dis- barment order entered.

No. D-409. In the Matter of Disbarment of William C. Maier. It is ordered that William C. Maier, of Hobbs, New Mexico, 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-410. In the Matter of Disbarment of Victor N. Pacor. It is ordered that Victor N. Pacor, of The Bronx, 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-411. In the Matter of Disbarment of Donald Joseph Sheehy. It is ordered that Donald Joseph Sheehy, of Annapolis, 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. 438 MONDAY, MARCH 19, 1984

No. D-412. In the Matter of Disbarment of Carl S. Spitznagel, Jr. It is ordered that Carl S. Spitznagel, Jr., of Tampa, 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-413. In the Matter of Disbarment of Charles H. Goldstein. It is ordered that Charles H. Goldstein, of West Islip, 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-414. In the Matter of Disbarment of Malcolm L. Block. It is ordered that Malcolm L. Block, 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 him to show cause why he should not be disbarred from the practice of law in this Court.

No. 98, Original. Commonwealth of Pennsylvania, Plaintiff u State of Oklahoma. The motion for leave to file a bill of complaint is denied.

No. 83-18. Dun & Bradstreet, Inc., Petitioner v. Greenmoss Build- ers, Inc. The motion of respondent for leave to file supplemental brief is denied.

No. 83-141. Hawaii Housing Authority, et al., Appellants v. Frank E. Midkiff, et al.;

No. 83-236. Portlock Community Association (Maunalua Beach), et al., Appellants v. Frank E. Midkiff, et al.; and

No. 83-283. Kahala Community Association, Inc., et al., Appellants v. Frank E. Midkiff, et al. The motion of appellants in No. 83-236 for divided argument is denied. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-305. California, Petitioner u Albert Walter Trombetta, et al. The motion of respondents for divided argument is denied.

No. 83-751. Securities and Exchange Commission, et al., Petitioners v. Jerry T. O'Brien, Inc., et al. The motion of North American Securi- ties Adniinistrators Association, Inc. for leave to file a brief as amicus curiae is granted.

No. 83-812. George C. Wallace, Governor of the State of Alabama, et al., Appellants v. Ishmael Jaffree, et al. The motion of American Civil Liberties Union, et al. for leave to file a brief as amid curiae is granted. MONDAY, MARCH 19, 1984 439

No. 83-916. United States, Petitioner v. Allan Wayne Morton. The motion of the Solicitor General to permit Michael W. McConnell, Es- quire, to present oral argument pro hac vice is granted.

No. 83-967. Territory of Guam, Petitioner v. Concepcion Okada. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H.

Thurston, et al. The motion of the parties to dispense with printing the joint appendix is granted.

No. 83-1158. Estate of Donald E. Thornton, Petitioner v. Caldor, Inc. The motion of Connecticut for leave to intervene as a party petitioner is granted.

No. 83-1246. Louis F. Peick, et al., Petitioners v. Pension Benefit Guaranty Corporation. The motion of American Trucking Associations,

Inc. for leave to file a brief as amicus curiae is granted.

No. 83-1279. Florida, Petitioner v. John Scott Meyers, etc. The motion of respondent for leave to proceed in forma pauperis is granted.

No. 83-5778. Mary Louise Ordway, Petitioner v. The Region 13 Men- tal Health-Mental Retardation Commission, etc., et al. The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied. Appeal-Jurisdiction Noted

No. 83-1035. Tennessee, Appellant v. Cleamtee Garner, etc., et al. Appeal from the United States Court of Appeals for the Sixth Circuit; and

No. 83-1070. Memphis Police Department, et al., Petitioners v. Cleamtee Garner, etc., et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of Cleamtee Garner for leave to proceed in forma pauperis is granted. In No. 83-1035 probable jurisdiction is noted. In No. 83-1070 the petition for writ of certiorari is granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Granted

No. 83-728. Herb's Welding, Inc., et al., Petitioners v. Robert H. Gray, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 83-859. California, Petitioner v. Charles R. Carney. Petition for writ of certiorari to the Supreme Court of California granted. 440 MONDAY, MARCH 19, 1984

No. 83-1170. United States, Petitioner v. 50 Acres of Land, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 83-935. United States, Petitioner v. John Clyde Abel 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 granted.

No. 83-1065. County of Oneida, New York, et al., Petitioners v. Oneida Indian Nation of New York State, etc., et al.; and

No. 83-1240. New York, Petitioner v. Oneida Indian Nation of New York State, etc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

No. 83-5424. Glen Burton Ake, Petitioner v. Oklahoma. Motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma granted.

Certiorari Denied

No. 82-1159. Metropolitan Atlanta Rapid Transit Authority, Peti- tioner v. William E. Jones. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No e 82-5857. Jimmy Aponte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-227. Leslie B. Schlansky, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-779. Wayne Laglia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 83-795. International Union, United Automobile, Aerospace and

Agricultural Implement Workers of America, et al., Petitioners v. Ray-

mond J. Donovan, Secretary, Department of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-807. Carl Michael Siebert, Petitioner v. D. T. Baptist, Dis-

trict Director of Internal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, MAKCH 19, 1984 441

No. 83-848. Ignacio DeLeon Martinez and Jesus Chavarria Garcia, Petitioners v. William French Smith, Attorney General of the United

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

No. 83-857. Town of Orangetown, Petitioner v. William D. Ruckelshaus, Administrator, United States Environmental Protection

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

No. 83-858. Leonard Ray Blanton, Petitioner v. United States; and No. 83-860. Clyde Edward Hood, Jr. and James M. Allen, Petition- ers v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-864. Kenneth Joe Whitten, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-886. State Board of Equalization of Georgia, et al., Petition- ers v . Southern Railway Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-933. L. Patrick Gray, III, Petitioner v. Griffin Bell, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-937. Matias Montemayor de la Paz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-942. Ripley County Area Plan Commission, Petitioner v. Mel- vin Rouse, et al. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 83-956. Fred S. Berryman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-972. Railway Labor Executives' Association, Petitioner v.

Richard B. Ogilvie, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 83-973. 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 District of Columbia Circuit denied.

No. 83-978. Samuel Moore and Company, et al., Petitioners v. Multiflex, Inc.; and 442 MONDAY,.MARCH 19, 1984

No. 83-1141. Multiflex, Inc., Petitioner v. Samuel Moore and Com- pany and Eaton Corporation. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-986. Grand Jewels, Inc., Petitioner v. Montres Rolex, S.A., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-994. CarlJ. Mollnow, Petitioner v. Paul K. Carlton, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1010. Brown & Williamson Tobacco Corporation, Petitioner v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1027. Kerry D. Morton, Petitioner v. Arch F. Hildebrandt, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-1046. Gjergj Gjieli, Petitioner v. United States; and

No. 83-6087. Nickola Lulgjuraj and Zeff Lulgjuraj, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1085. American Cyanamid Company, Petitioner v. Melamine

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

No. 83-1107. City of Dearborn, etc., et al., Petitioners v. Katherine

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

No. 83-1146. Railway Labor Executives' Association, Petitioner v. United States and Consolidated Rail Corporation. Petition for writ of certiorari to the Special Court, Regional Rail Reorganization Act of 1973 denied. No. 83-1151. Gilbert M. Spring, Petitioner?;. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-1156. John R. Wilson, et al, Petitioners v. United States and Omaha Indian Tribe. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1168. Airline Pilots Association, International, et al., Peti- tioners v. Western Air Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1172. Robert S. Riley, Petitioner v. International Union of

Allied Industrial Workers, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. MONDAY, MARCH 19, 1984 443

No. 83-1179. Richard W. Stenquist, Petitioner v. Marilyn B. Stenquist. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Fourth Appellate District, denied.

No. 83-1181. Michael Angelo Meldish, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1183. New Motor Vehicle Board of California, Petitioner v. Chevrolet Motor Division, General Motors Corporation; No. 83-1185. Northern California Motor Car Dealers Association,

Inc., et al., Petitioners v. Chevrolet Motor Division, General Motors Corporation; and No. 83-1195. 49er Chevrolet and Richard E. Wilmshurst, Petitioners v. Chevrolet Motor Division, General Motors Corporation. Petitions for writs of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 83-1188. Joseph T. Smith, Petitioner v. Pennsylvania Board of Law Examiners. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 83-1189. Board of Education of the Northport-East Northport

Union Free School District, et al., Petitioners v. Gordon M. Ambach, etc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-1192. Wilford Leroy Thompson, Petitioner v. Johns- Manville

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

No. 83-1194. George Thomas Cullen, Petitioner v. Hortense Marie Cullen. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied.

No. 83-1197. Gerald A. Mason, et al., Petitioners v. Burger King Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1207. Lou Raines Riffe, Administratrix of the Estate of Don

C. Riffe, Petitioner v. International Harvester Company. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 83-1211. Teamsters Local Union No. 36, Building Material and

Dump Truck Drivers, Petitioner v. Lee 0. Edwards, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 444 MONDAY, MARCH 19, 1984

No. 83-1214. Donald A. Alessi and John P. Bartolomei, Petitioners v. Committee on Professional Standards, Third Judicial Department. Pe- tition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-1217. V. William Di Buono, etc., et al, Petitioners v. William H. Fauver, Commissioner, New Jersey Department of Corrections; and

No. 83-1218. Union County Jail Inmates, et al, Petitioners v. Wil- liam H. Fauver, Commissioner, New Jersey Department of Correc- tions. Petitions for writs of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-1223. Whirlpool Corporation, Petitioner v. Wilfred H. Vance. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1225. Norman E. Wymbs, et al., Petitioners v. Republican State Executive Committee of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1238. Marvin I. May, Petitioner v. American Southwest Waterbed Distributors, Inc., and Frank Lucas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1243. Tom Franklin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-1245. Robert L. Wilhelm, Petitioner v. Continental Title

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

No. 83-1247. Powell Manufacturing Company, Inc., Petitioner v. Harrington Manufacturing Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1270. Edward W. Dailey and Mary Jane Dailey, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1271. Joseph G. McDonagh, Petitioner v. Massachusetts. Pe- tition for writ of certiorari to the Appeals Court of Massachusetts denied.

No. 83-1295. Fern A. Caron, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, MARCH 19, 1984 445

No. 83-1313. Twin Parks Limited Partnership, Petitioner v. N.S.C. Contractors, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1324. Kenneth Lange Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1343. Alberto Lopez-Llerena, Felix Parra and Jose Borges, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1366. Gregory Foster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1382. John M. Geraghty, etc., Petitioner v. United States Pa- role Commission and Attorney General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5102. Martin Karl Maurer, Petitioner v. George V. Kartozian, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5214. Dennis M. Vogel, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 83-5714. Earl Bruton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5780. Pete Vardas, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5809. James Carroll Beckett, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5811. Stanford Anthony Shane, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 83-5814. Russell B. Hughes, Jr., Petitioner v. Charles J. Rowe, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-5819. Michael Ledger, Petitioner v. Arnold R. Jago, Superin- tendent, London Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 446 MONDAY, MARCH 19, 1984

No. 83-5914. Mary Ella Frank, Petitioner v. United States Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-5915. David Brooks, Petitioner v. John Cunningham, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5923. Harold Lansdown, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-5930. Oscar Villegas-Rojas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-5962. Earl Joseph Anderson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5981. Levino Michelena-Orovio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6056. Barron Dean Fonner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6058. William Collins Gunter, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6063. Gregory Bright, et al., Petitioners v. Frank Blackburn,

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

No. 83-6076. John Thomas Moss, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 83-6101. Gary Kinslow, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 83-6106. Reginald Lannon, Petitioner v. William Hogan, Com- missioner of Corrections of Massachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6107. Melvin Leroy Tyler, Petitioner v. James Thompson,

Governor of Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, MARCH 19, 1984 447

No. 83-6109. David Ortiz, Petitioner v. Charles Scully, Superintend- ent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6115. Jerome Griffin, Petitioner v. Walter Richard Little, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6116. Gregory Tyrone Darden, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-6118. Albert R. Soza, et al., Petitioners v. Town of Yreka City. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 83-6119. Nathaniel Williams, Petitioner v. M.H. Gupton, Super- intendent, Wayne Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6120. Fred Mabery, Petitioner v. Ann Presley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6121. Michael S. Nelson, Petitioner v. Richard Willie, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6127. Melvin Leroy Tyler, et al., Petitioners v. Lee Roy Black, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6128. Sunni AH, Petitioner v. Joseph Ponte, Superintendent, Massachusetts Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6131. Horace James Cooper, Petitioner v. Pauline Cooper

Blount, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-6134. Howard Eugene Foren, Petitioner v. Washington. Peti- tion for writ of certiorari to the Supreme Court of Washington denied.

No. 83-6135. Donnie Long, Petitioner v. David R. McKeen, Chief, Institutions, Ohio Department of Rehabilitation and Correction. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6140. James E. Baker, Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 448 MONDAY, MARCH 19, 1984

No. 83-6144. Vernon Graham Ward, Petitioner v. W.C. Owen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6149. Charles T. McCorkle, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-6151. Willie James Hill, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6152. Albert H. Carter, Petitioner v. Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6154. William Davidson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6159. Debra Ramirez, Petitioner v. St. Paul Fire and Marine

Insurance Company, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied.

No. 83-6160. Joseph J. Warnas, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6162. Albert M. Mark, Petitioner v. Kenneth Sharaga, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6164. Annie A. Montgomery, Petitioner v. American Express Company. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 83-6165. Bailey Woods, Petitioners G.W. Sumner, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6167. Kristopher Leahy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6172. Ellwood Leuschner, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-6174. Kenneth Michael Dunlap, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-6178. Clyde Harris, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. MONDAY, MARCH 19, 1984 449

No. 83-6179. Burl Anderson Howell, Petitioner v. Marvin Trumpower, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6180. Burl Anderson Howell, Petitioner v. John F. DeWitt, Sheriff. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-6185. Ernest L. McMinn, Petitioner v. Neil W. Whitfield, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6187. Edgar C. Platel, Petitioner v. Maguire, Voorhis and

Wells, et al. Petition for writ of certiorari to the District Court of Ap- peal of Florida, Fifth District, denied.

No. 83-6188. Dean F. Vereen, Petitioner v. Lanson Newsome, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6191. Arnold Maxwell Harris, Petitioner v. S.I. Lezak, U.S. Prosecutor of the District of Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6207. William A. Youngerman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6209. Joseph Cohen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-6222. Rogelio Edwards, Petitioner v. Immigration and Natu- ralization Service, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6236. Terry Dee Snider, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6240. Clifford Lovelace, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 83-6244. Chester Wheeler Campbell, Petitioners. Frank J. Kel- ley, Attorney General of Michigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6248. Larry Grant Bowring, Petitioner v. Douglas Marrs, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 450 MONDAY, MARCH 19, 1984

No. 83-6255. Sara Moody, Petitioner v. Margaret M. Heckler, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6259. Noel Edward Plunkett, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6261. Jay D. Street, III, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6271. James Joseph Gustin, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6274. Walter Cotton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6278. Julia A. Foster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 82-1749. Metropolitan Atlanta Rapid Transit Authority, Peti-

tioner v. George C. Kelly. 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. 83-1082. Richard J. Elrod. Sheriff of Cook County, et al., Peti-

tioners v. Dan Duran, 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 Seventh Circuit denied. No. 83-1160. Hinson McAuliffe, Individually; James L. Webb, as So-

licitor General for the County of Fulton, Georgia, Petitioners v. Pent-

house International Ltd. The motion of Charles H. Keating Jr., et al.

for leave to file a brief as amiei curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-1166. Paul Silver and Donald W. Parker, Petitioners v. John

C. Benson, Jr., et al. The motion of United States Conference of May-

ors, et al. for leave to file a brief as amici curiae is granted. The motion

of Pennsylvania State Association of Township Supervisors, et al. for

leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 83-1171. Exxon Corporation, et al., Petitioners v. Interstate

Natural Gas Association of America, et al.; and MONDAY, MARCH 19. 19S4 451

No. 83-1173. Federal Energy Regulatory Commission, Petitioner v.

Interstate Natural Gas Association of America, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White would grant certiorari.

No. 83-1200. National Association of Recycling Industries. Inc.. et al., Petitioners v. American Mail Line. Ltd.. et al. 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. 83-1230. Capitol Hill Dodge. Inc., et al., Petitioners v. Chrysler

Credit Corporation. The motion of respondent for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-5965. Michael Wayne Evans, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6097. Roger Keith Coleman, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-6136. Richard Dillon, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6048. Richard Sherman Williams, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. Dis- senting statement by Justice Brennan. Dissenting opinion by Justice Marshall.

No. 83-6129. Michael C. Bowles, et al.. Petitioners v. Georgia. The application for bail presented to Justice Brennan and by him referred to the Court is denied. The petition for a writ of certiorari to the Court of Appeals of Georgia is denied. Rehearing Denied

No. 81-1687. Sony Corporation of America, et al. . Petitioners v. Uni- versal City Studios, Inc., etc., et al.: No. 82-1135. Dan V. McKaskle, Acting Director. Texas Department of Corrections, Petitioner v. Carl Edwin Wiggins;

No. 83-593. Ellsworth Freight Lines, Inc.. et al.. Appellants v. State Tax Commission of Missouri; and

No. 83-5903. Douglas Jones, Petitioner v. United States. The petitions for rehearing are denied. 452 monday, march 19, 1984 Admissions to the Bar on Written Motions

Applicant City and State Movant

John Stanley Adler San Diego, CA Thomas Edward Gniatkowski Barbara Anthony Arlington, VA Elliott M. Seiden Richard J. Arsenault Alexandria, VA Stephen Carver LeBlanc John D. Arseneault Newark, NJ Donald A. Robinson Peter Arth Jr. San Francisco, CA Randolph W. Deutsch Frank Bayard Aycock III Charlotte, NC Henry W. Underhill Jr. Lawrence Ruben Barba Beverly Hills, CA Michael Donald Daniels Haley Reeves Barbour Yazoo City, MS Herman Brister Decell Mark Wayne Baserman Wooster, OH Ann M. Aldrich Griffin B. Bell Jr. Atlanta, GA Charles Kelso III Joseph Lee Benson Las Vegas, NV Harry Reid James E. Brick Des Moines, IA Donald John Polden

Huntsville, AL Roscoe Roberts Jr. Gordon W. Brown Groveland, MA Charles E. Jones Donald J. Brown Jr. Chicago, IL John Albert Knebel Brian J. Brundin Anchorage, AK Kenneth P. Jacobus Edward J. Burke New York, NY Henry Clifton Jr. Richard Gordon Burns Mill Valley, CA Warren Arthur Staiger Robert Matthew Arlington, VA John T. Cambridge Westermeier Jr. John J. Casey Chicago, IL Glenn Arthur Schwartz Stephen Barnard Catron Bowling Green, Joseph Russell KY Huddleston MONDAY, MARCH 19, 1984 453

Applicant City and State Movant

Joseph Blount Cheshire V Raleigh, NC Howard F. Twiggs David Jon Churchill Washington, DC Peter Candito DePaolis

Patricia FitzPatrick Torrance, CA Seymour I. Cohen Clothier Roger T. Coffin Martinsville, IN John Paul Godich George Ross Dean Atlanta, GA C. Michael Abbott Thomas R. Denniston Red Bank, NJ George J. Koelzer Frank Joseph DeSalvo Oak Brook, IL Lee Anthony Marinaccio John Lynn DeWeerdt Denver, CO Gary L. Greer Walter Elmer Diercks Washington, DC Eric M. Rubin Joseph Cono DiPaola RockviUe, MD Herbert C. Malone James D. Doyle III Austin, TX Robert John Kuhn Kevin Francis Driscoll Boston, MA Newman A. Flanagan Carlyle M. Dunaway Jr. New York, NY Henry Clifton Jr. Phillip J. Duncan Little Rock, AR Thomas Muldrew Bramhall Thomas H. Eagen Triangle, VA Joel Martin Flaum Joseph Haynsworth Earle Greenville, SC Edward P. Riley Jr. Hugh M. Emory Berwyn, PA Henry T. Reath James Guise Ennis Washington, DC Vincent Joseph Curtis Jr. Mary Lucretia Fahey Washington, DC Michael L. Paup Steven Ross Fansler West Liberty, OH James Colvin Dodge Jeffrey John Gale Sacramento, CA Carl Edward Larson William Russell Gibson Fayetteville, AR E. Lamar Pettus John J. Gill III Washington, DC John Denis O'Toole Gary R. Goldman Pomona, NY Arthur Joseph Ferraro Malcolm A. Goldstein New York, NY Asher William Schwartz 454 MONDAY, MARCH 19, 1984

Applicant City and State Movant

Daniel Andrew Gonzales Las Cruces, NM Stanley" A. Halpin Jr.

Alan I. Goodman Cleveland, OH Charles Martin Rosenberg James M. Gorski Anchorage, AK Kenneth P. Jacobus Thomas Grady San Diego, CA Gerald Jorgensen Lewis Robert Morris Haggard Miami, FL Stephen J. Bronis Henry Joseph Hanley Pawtucket, RI John M. Furlong Dale Michael Heist Philadelphia, PA John J. Mackiewicz Stuart Stephen Heller Bedford, MA John Murdoch Crane Edward Joseph Hennessy Houston, TX Marvin B. Peterson Jr. Allan McAlpin Heyward Jr. Richmond, VA Conard Blount Mattox Jr. Ann Lipscomb Hill Encinitas, CA Judge Gordon Thompson Jr. Larry Floyd Hinton Bowling Green, Joseph Russell KY Huddleston Mazie K. Hirono Honolulu, HI A. Bernard Bays Jr. Louis Hofferbert Knoxville, TN Louis C. Woolf John E. Huston Chicago, IL Michael Martin Mulder Dale Harrison Itschner Flagstaff, AZ Thomas Alfred Miller Michael Lewis Kaiser Laurel, MD Charles Philip Nichols Jr. Patricia Ann Kaufman Fort Washington, Arnold Leon MD Yochelson David Allen Kennedy Atlanta, GA Robert L. Barr Jr. William Poston Kenworthy Memphis, TN Bruce Macon Smith Douglas Lee Kindrick San Francisco, CA Timothy Lawrence Porter MONDAY, MARCH 19, 1984 455

Applicant City and State " Movant

Kirk Nathaniel Kirkconnell Winter rark, r L Robert James Buonauro Gerhard Ernst Fort Worth, TX David 0. Belew Kleinschmidt Jr. Ronald A. Lane Chicago, IL Gus Svolos James Terry Laws Greenville, oG baward r. Kiley Richard J. Lewandowski Madison, Wl Jack Richard DeWitt

/"I XT Jack L. Lewis Great r alls, MI George N. Mcuabe John Waldemar Lohrmann Walla Walla, WA Herbert H. Freise Bruce Wallace Lorber ban Diego, CA Gerald Jorgensen Lewis Edward L eland Mackey Riverside, CA James u. Ward Isaiah Madison Greenville, MS Charles Victor lvic i eer Robin Paul Malloy Lubbock, TX William Richard Casto Jr. Thomas Courtland Manning Raleigh, NC Howard F. Twiggs Mary McCorry New York, NY Frederick A. 0. Schwarz Jr. Joseph McLaughlin New York, NY Michael Mason Maney David Phillip Metzger Washington, DC Donald Autrey Randall Edward A. Miller New York, NY Alan Sayre RosenthalT"» i 1 1 James William Morrison Manhattan, KS Kay Michael Kimball Ti T% ft n >r n John M. Mullen Waukegan, IL William George Rosing Mary Anne Mumme New Orleans, LA Eugene Barriffe Jr. Richard Knight Muser New York, NY Henry Clifton Jr. Richard S. Myers Washington, DC Erwin N. Griswold Sheldon Bart Nagelberg Chicago, IL Brooke R. Whitted 456 MONDAY, MARCH 19, 1984

Applicant City and State Movant

Thomas P. Nally Tulsa, OK Jerry R. Nichols Larry H. Nance Memphis, TN J. Houston Gordon David John Newacheck San Francisco, CA Ronald F. Phillips Jerome Allen Nicholas Jr. Baltimore, MD John Spencer Wood Edward J. O'Connor Jr. Upper Marlboro, Robert Hal MD Silberman Phyllis Mary Oetgen Fort Washington, Arnold Leon MD Yochelson Perry Eric Olsen Watsonville, CA Stephen Wyckoff Joyce Ann Orliss Los Angeles, CA Sheldon Mayer Jaffe John Keith Parker Flint, MI George Edward Bushnell Jr. William Alfred Parsons Burley, ID Claude V. Marcus Richard Clayton Poland Showhegan, ME Andrew Ketterer Janet L. Pulliam Little Rock, AR Philip E. Kaplan Manuel A. Ramos Denver, CO Jonathan D. Asher Richard J. Ray Kodiak, AK John Wells King Ivan C. Reichard- Washington, DC Ariel L. Mendez Mackenzie Peter Stuart Reichertz Washington, DC Edward Aeneas McCabe John Marston Richard Jr. Anchorage, AK Ronald Wm. Drathman Kenneth L. Rinzler Paterson, NJ Peter W. Rodino Jr. Edward Stayton Riss Kansas City, MO Rodger John Walsh Joel Z. Robinson New York, NY Ronald F. Storette Stuart Todd Rossman Boston, MA Daniel Barber Bickford Mitchell Eugene Roth Washington, DC Robert H. Chanin James Todd Russell Carson City, NV Paul D. Laxalt

Angel Lomeli Saenz Las Cruces, NM Stanley" A. Halpin Jr. o u •

MONDAY, MARCH 19, 1984 457

Applicant City and State Movant

Edward C. Saltzberg WOuUm, 1V1A rwODeri Jr. JDlgeiOW

Spencer Meridith Sax r>oca rvaton, r .l Henry Bennett xidnciier

Patricia Mary bcnnegg IjOS Angeies, x3. rvicnaru lviarsn j_

1 nomas otratton bcott J r. ivnoxvixie, iin Foster D. Arnett limoiny lvi. ocreen Baton Rouge, LA wiinam rigoii Brumfield William Blakney Bathe iiiiania, Gordon Lee .Tv OlllltllSmith VJTcxxCawpttICLt O x .

1VT Qf era -rtJlllclAnifa lYldxqvioIt; Ol. OnWllgc WinthrnnVVlilLllIUp, iVIJZjMF, V^lldl lCb IVlldpp xjcdUUcLttrl

Tr»Vin I^1qt*1/' ^f"£»rvnc*nc J UI1I1 vvldx IV OL/Cpilcllb Carrnlltnn HA AA/illiQmVV lllldlll VeinV dll T-Tpa rnbn vcr xxcai x i lxx g ^anta Ana iVULIldtrl ej . OLcpUllU Vldl eJ I . Odllld -Txlld, OAPA «J U1H1 ± llltJgcx Pollock

CharlpXIdX ICO Xvlv.ilPipharHCXX VI kjlCSfpwartVV CXI L vjxOrppnvillpv7 v7ii v iixvt kj>SC Edward PX . Rilpv , IJUVVCUU XVXXCJ' T^vcnH"nn OSwainiW cxi 1 11 X 1 dl L11U SnhhanOUUildii IvdJllccblljJUx dill, r l diirv o uoocioUii OR

r Elizabpth Svmonds W^ashin2IT CiOlllllC toTivvll^ DC\_ Arthur Rarrv

OSnit7PrUl LZjCX i-/a.VlU lVllLIlacl ldyiUI Udlldb,Dallas TY± rvlLlldlT? "i r> Vi ttiU O.01 VJclgcllini rrc»v» i dllltrld rVllll ldylUI "Rnctnn MA IvUb&cll XV.

X/Dnnnino"14.1 11 111 lc

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Rprninsx ' *r i xxx lxo Pnv TCnnv Tv

CarvVJ CXX ^/llliamT Y XXXXCXXXX TTHnniVJ WintprYY111LC1 XParkCXX XV XFT,XJ PipharHX VXCllCXX Ll A J UUUJ j A

CnlbprtcsnnV_7 LXX UCX LovyXX Davirl P TTvcilln rvonclnn T? T TrvociY^Vi T T?r\rii/v J_/dvlLl IV • UlblllU v_>x dllblUll, 1\1 d Ubcpil 0 . xvUUlU

1Vio>*t7 A vino \/ oyi^Q IVldx y rxllllc V dllLc oediLie, wa otepnen ivoiaen

kjStrnncrLX lg Swami Satyam Vishuddha Rajneeshpuram, Frank Josselson OR Huffman Reed Walker Kansas City, KS John Nicholas Badgerow 458 MONDAY, MARCH 19, 1984

Applicant City and State Movant

Gaither S. Walser Lexington, NC Charles H. McGirt David Brent Watkiss Salt Lake City, Michael D. UT Zimmerman Robert Louis Weaver Los Angeles, CA James H. Knecht Nina Kanning Wuestling St. Louis, MO William F. James JoAnn Leigh Zuercher Washington, DC Daniel L. Goelzer Admissions to the Bar on Oral Motions

Applicant City and State Movant

Robert Clark Hall West Chester, PA Alice Louise O'Donnell Linda Jane Smith Los Angeles, CA Charles Peter Diamond Jon Douglas Botsford Grand Rapids, MI Joseph G. Scoville Oral Arguments

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v.

San Antonio Metropolitan Transit Authority, et al. Argued by Mr. Theodore B. Olson for the appellants and by Mr. William T. Coleman, Jr., for the appellees. No. 82-1577. Michigan Canners and Freezers Association, Inc., et al., Appellants v. Agricultural Marketing and Bargaining Board, et al. Argued by Mr. Joseph G. Scoville for the appellants, by Mr. John H. Garvey for the United States as amicus curiae, by special leave of Court, and by Mr. James A. White for the appellees.

No. 82-2042. Westinghouse Electric Corporation, Petitioner v. Christine Vaughn and Marion Gee. Argued by Mr. James W. Moore for the petitioner and by Mr. Clyde E. Murphy for the respondents.

No. 83-185. Sylvia Cooper, et al., Petitioners v. Federal Reserve Bank of Richmond. Argued by Mr. Eric Schnapper for the petitioners, by Mrs. Harriet S. Shapiro for the United States and Equal Employ- ment Opportunity Commission as amicus curiae, by special leave of Court, and by Mr. George R. Hodges for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, MARCH 20, 1984 459 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinions

No. 82-1616. United States, Petitioner v. Weber Aircraft Corpora-

tion, 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 Stevens.

No. 82-485. Kathy Keeton, Petitioner v. Hustler Magazine, Inc., et

al. 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 Rehnquist. Opinion by Justice Brennan concurring in the judgment.

No. 82-1401. Iain Calder and John South, Appellants v. Shirley Jones. Appeal from the Court of Appeal of California, Second Appellate

District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is granted. Judgment affirmed. Opinion by Justice Rehnquist.

No. 82-914. Monsanto Company, Petitioner v. Spray-Rite Service Corporation. On writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Powell. Concurring opinion by Justice Brennan. Justice White took no part in the consideration or decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Christopher Michael Cicconi Harrisburg, PA Solicitor General Rex E. Lee Sandra L. Meilton Harrisburg, PA Solicitor General Rex E. Lee 460 TUESDAY, MARCH 20, 1984

Applicant City and State Movant

Christopher Kent Price Harrisburg, PA Solicitor General Rex E. Lee John Frederic Shepherd Washington, DC Jerome Christian Muys

Oral Arguments

No. 83-271. National Collegiate Athletic Association, Petitioner v. Board of Regents of the University of Oklahoma and University of Georgia Athletic Association. Argued by Mr. Frank H. Easterbrook for the petitioner, by Mr. Andy Coats for the respondents, and by Mr. So- licitor General Rex E. Lee for the United States as amicus curiae, by special leave of Court.

No. 82-2113. Robert D. H. Richardson, Petitioner v. United States. Argued by Mr. Allan M. Palmer for the petitioner and by Mr. Michael W. McConnell for the respondent, pro hac vice, by special leave of Court.

No. 83-128. United States, Petitioner v. William Gouveia, et al. Ar- gued by Mr. Andrew L. Frey for the petitioner, by Mr. Charles P. Dia- mond for the respondents, Mills, et al., and by Mr. Joel Levine for respondents, Gouveia, et al.

No. 83-173. Milton R. Wasman, Petitioner v. United States. Argued

by Mr. Jay R. Moskowitz for the petitioner and by Mr. Alan I. Horo- witz for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, MARCH 21, 1984 461 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

• Opinions

No. 81-1374. Barbara Blum, individually and in her capacity as Com- missioner of New York State Department of Social Services, Petitioner v. Ellen Stenson, etc. On writ of certiorari to the United States Court of Appeals for the Second 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. Justice Powell announced the opinion of this Court. Concurring opinion by Justice Bren- nan with whom Justice Marshall joins.

No. 82-618. Joseph A. Kosak, 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 Stevens. No. 82-874. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner v. Mildred M. Edwards, etc. 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 reinstatement of the Secretary of Health and Human Service's appeal. Opinion by Jus- tice Marshall.

No. 82-960. National Labor Relations Board, Petitioner v. City Dis- posal Systems Inc. On writ of certiorari to the United States Court of Appeals 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, including an inquiry into whether respondent may continue to defend this action on the theory that Brown's refusal to drive truck No. 244 was unprotected, even if concerted. Opinion by Jus- tice Brennan. Dissenting opinion by Justice O'Connor with whom the Chief Justice, Justice Powell and Justice Rehnquist join.

No. 82-687. United States, Petitioner v. Arthur Young & Company, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed in part, reversed in part and case 462 WEDNESDAY, MARCH 21, 1984 remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Robert B. Leggat Jr. St. Louis, MO Dumond Peck Hill Randal Lee Huizenga Orland Park, IL Dean Suter Clatterbuck Dorene B. Wolf Los Angeles, CA David Alan Reed David Richard Grundy Reno, NV Loyal Robert Hibbs Edward J. Lemons Reno, NV Loyal Robert Hibbs Frank H. Roberts Reno, NV Loyal Robert Hibbs Oral Arguments

No. 82-1998. William P. Clark, Secretary of the Interior, et al., Peti- tioners v. Community for Creative Non-Violence, et al. Argued by Mr. Paul M. Bator for the petitioners and by Mr. Burt Neuborne for the respondents.

No. 82-1766. Securities Industry Association, et al., Petitioners v.

Board of Governors of the Federal Reserve System, et al. Argued by Mr. Harvey L. Pitt for the petitioners and by Mr. Louis F. Claiborne for the respondents.

No. 83-371. Federal Communications Commission, et al., Petitioners v. ITT World Communications, Inc., et al. Argued by Mr. Albert G. Lauber, Jr., for the petitioners and by Mr. Grant S. Lewis for the respondents.

No. 83-18. Dun & Bradstreet, Inc., Petitioner v. Greenmoss Build- ers, Inc. Argued by Mr. Gordon Lee Garrett, Jr., for the petitioner and by Mr. Thomas F. Heilmann for the respondent.

Adjourned until Monday, March 26, 1984 at 10 o'clock. x (JOURNAL) MONDAY, MARCH 26, 1984 463 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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." Appeals—Summary Disposition

No. 83-1262. Southeast Volusia Hospital District, et al., Appellants v. Florida Patient's Compensation Fund, et al. Appeal from the Su- preme Court of Florida. The appeal is dismissed for want of a substantial federal question.

No. 83-6251. Lyle H. Prenzler, Appellant v. Workers Compensation Appeals Board. Appeal from the Court of Appeal of California, Fourth Appellate District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Certiorari—Summary Disposition

No. 82-1538. Hillsdale College, Petitioner v. Department of Educa- tion, et al. 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 to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Grove City College v. Bell, 465 U.S. (1984). No. 83-103. Woodkraft Division, Georgia Kraft Company, Petitioner v. National Labor Relations Board. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Upon consideration of the motion of the Solicitor General and the response filed thereto, that portion of the judgment of the Court of Appeals on which certiorari was granted is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit with directions that the case be remanded to the National Labor Relations Board for further consideration in light of Clear Pine Mouldings, Inc., 268 N.L.R.B. No. 173 (Feb. 22, 1984).

Orders in Pending Cases

No. . In Re Ronald Clark O'Bryan, Petitioner. The motion for leave to file a petition for writ of habeas corpus is denied. Justice Bren- 464 MONDAY, MARCH 26, 1984 nan and Justice Marshall dissenting: Adhering our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant the motion and vacate the death sentence in this case.

No. . Pez Mex, S.A., Petitioner v. Consolidated Fouus Corpora- tion, et al. The motion to direct the Clerk to file the petition for writ of certiorari, out-of-time, is denied

No. D-374. In the Matter of Disbarment of Milton Lorenzo McGhee. Disbarment order entered.

No. D-382. In the Matter of Disbarment of Henry W. Laber. Disbar- ment order entered.

No. D-385. In the Matter of Disbarment of J. Wesley Drawdy. Dis- barment order entered.

No. D-391. In the Matter of Disbarment of Irving M. Drobny. Dis- barment order entered.

No. D-392. In the Matter of Disbarment of Dan Alan Sinema. Dis- barment order entered.

No. D-402. In the Matter of Disbarment of Nancy J. Young. Nancy J. Young, of Cos Cob, Connecticut, having requested to resign as a member of the Bar of this Court, it is ordered that her 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 27,

1984, is hereby discharged.

No. D-415. In the Matter of Disbarment of Robert W. Luoma. It is ordered that Robert W. Luoma, of Lansing, 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. 83-1273. Lewis Service Center, Inc., Petitioner s. Mack Trucks,

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

No. 83-6413. Christopher A. Burger, Petitioner v. Walter Zant, Warden. The application for stay of execution of the sentence of death presented to Justice Powell and by him referred to the Court is granted pending final disposition of the petition for writ of certiorari. MONDAY, MARCH 26, 1984 465 Appeal—Jurisdiction Noted

No. 83-240. Lawrence County, et al. Appellants v. Lead- Deadwood , School District No. 40-1. Appeal from the Supreme Court of South Da- kota. In this case probable jurisdiction is noted.

Certiorari Granted

No. 83-1153. Mills Music, Inc., Petitioner v. Marie Snyder and Ted Snyder, Jr., etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 83-1266. United States, Petitioner v. Robert W. Boyle, Execu- tor of the Estate of Myra W. Boyle, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 83-703. Florida Power & Light Company, Petitioner v. Joette Lorion, etc., et al.; and No. 83-1031. United States Nuclear Regulatory Commission and

United States, Petitioners v. Joette Lorion, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 83-912. Edward Luce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Justice Stevens took no part in the consideration or decision of this petition.

Certiorari Denied

No. 82-1683. West Texas State University, et al, Petitioners v. Tina Bennett, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-824. Patmon, Young and Kirk and Frederick Patmon, Peti- tioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-888. Felix S. Jacob, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-941. Iowa Electric Light and Power Company, Petitioner v.

National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 466 MONDAY, MARCH 26, 1984

No. 83-975. Patmon, Young and Kirk, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1012. Dan Bagbey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1024. Trio Manufacturing Company, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1066. Jack Reilly's, Inc., dba Jack's, Petitioner v. Virginia Thurber. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1077. Dennis Partee, Petitioner v. San Diego Chargers Foot- ball Company. Petition for writ of certiorari to the Supreme Court of California denied.

No. 83-1124. National Committee, et al, Petitioners v. Robert Mor- genthau, District Attorney of New York County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 83-1143. Carol M. Captline and Equibank, N.A., Co- Executors of the Estate of Mike Mazzaro, Deceased, Petitioners v. County of Alle- gheny, etjal. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 83-1260. Bradley Thomas Pfeifer and Diane Rene Pfeifer, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1268. L. & L. Howell, Inc., Petitioners. Cincinnati Coopera- tive Milk Sales Association and Miami Valley Milk Producers Associa- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 83-1281. Adolfo Sanchez and Luis Herrera, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 83-1283. Harry Toussaint Alexander, Petitioner v. Board of Pro- fessional Responsibility of the District of Columbia Court of Appeals. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied.

No. 83-1293. Henry Carpenter, et al., Petitioners v. Commissioner of Public Works of the City of Racine, Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin denied. MONDAY, MARCH 26, 1984 467

No. 83-1296. Willie Breedlove, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-1303. Owen R. Jones, Petitioner v. John 0. Marsh, Jr., Secre- tary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1305. David Willard Buchanan, Petitioner v. Merit Board of the State Universities Civil Service System of Illinois, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-1306. Alton Clark Bingham, Petitioner v. Nevada State Board of Accountancy. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 83-1319. Anthony J. Garafola, Petitioner v. G. C. Wilkinson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1354. Morris Sankary and Wanda Sankary, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1370. Oliver C. Christensen, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1376. Martin Roofing, Inc., Petitioner v. Sheldon S. Goldstein, etc. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-1384. Jerry R. Tucker, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1385. Richard A. Brown, et ux., Petitioners v. Ski Roundtop, Inc. tdba Ski Liberty. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1388. Robert J. Arnold, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-1404. Vincent Charles Piteo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1415. Fred M. Glover, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied. 468 MONDAY, MARCH 26, 1984

No. 83-1417. Oltrado Michaelangelo Lisotto and John James Pella, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1419. Ozzie Lee Avery, Jr. , Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1435. Carlo Maramonte, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 83-1440. James Dowell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5736. Moses Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5806. Michael Lee Towns, Petitioner v. United States. Peti- | tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5821. Nelson Oliver Duarte, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-5832. Michael A. Williams, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5847. Joseph Coppola, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-5985. Marvin D. Searles, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 83-6001. Eddie Almon, Petitioner v. Marvin Jernigan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6147. Leon Robinson, Petitioner v. John T. Hadden, Warden, j et ai. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 83-6182. Clarence J. Tillis, Petitioner v. Fob James, et al. Peti- ;J tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, MARCH 26, 1984 469

No. 83-6183. Grady Lee Smith, Petitioner v. Dan V. McKaskle, Act- ing Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6189. Jerry Anthony Van Hoorelbeke, Petitioner v. Califor- nia. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 83-6201. Alberta Spears, Petitioner v Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 83-6203. Barbara Piatkowska, Petitioner v. Interinsurance Ex- change, etc. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-6208. Jules A. Jutras, Petitioner v. Gulf Fleet Marine Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6210. Thomas Johnson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 83-6212. Aaron Holsey, Petitioner v. James P. Tinney, Warden, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-6219. Patrick A. Kelleher, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 83-6228. Glenn Roche, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6256. Earl 0. McFall, Petitioner v. Al C. Parke, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6267. Irene Brooks, Petitioner v. Ashtabula County Welfare

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

No. 83-6289. Richard Ralph Martinez, Petitioner v. New Mexico. Pe- tition for writ of certiorari to the Supreme Court of New Mexico denied.

No. 83-6299. Leo M. Mullen, Petitioner v. James A. Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 470 MONDAY, MARCH 26, 1984

No. 83-6301. Edward Milan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6304. Leonard DeWayne White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6317. Steven Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6320. Marlin Walter Larson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6322. Earl Hibbard, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-6330. William P. Rieger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6336. James Eacopelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-6343. Franklin Guerrero-Serquen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-741. Joseph Falcone, Petitioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dissenting opinion by Justice White.

No. 83-1056. General Motors Corporation, Petitioner v. Oklahoma County Board of Equalization, et al. The motion of Oklahoma Indus- tries Authority for leave to file a brief as amicus curiae is granted. The motion of Bunte Candies, Inc., et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 83-1286. Director, Illinois Department of Corrections, Petitioner v. Paula Gray. 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. 83-5940. Richard King, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. ;

MONDAY, MARCH 26, 1984 471

No. 83-6184. Freddie Lee Williams, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 83-6197. In Re David C. Johnson, Petitioner. Petition for writ of mandamus is denied.

Rehearings Denied

No. 83-5764. Alfred Fleming, Petitioner v. Harry W. Staller, et al.;

No. 83-6004. E. Bradley Davis, et al, Petitioners v. Central Intelli- gence Agency, et al.

No. 83-6021. Alan N. Rogers, Appellant v. Timothy Scott Farquar; and

No. 83-6111. In Re Naum S. Bers, Petitioner. The petitions for rehearing are denied.

Recess Order

The Court will take a recess from Monday, April 2, 1984 until Mon- day, April 16, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Alan J. Agathen St. Louis, MO Harvey Tessler Thomas Webb Avent Jr. Oxford, MS William M. Fay Tommy P. Baer Richmond, VA Clarence Brodwater Neblett Jr. William B. Baggett Lake Charles, LA Drew Ranier Thomas Martin Berliner San Francisco, CA Robert Alfred Kenealey Jonathan Birenbaum New York, NY Harry G. Silleck Jr. Albert P. Blaustein Camden, NJ Saul Israel Weinstein Gregory Alan Cada Cleveland, OH David Richard Percio 472 MONDAY, MARCH 26, 1984

Applicant City and State Movant

Richard B. Cappel Lake Charles, LA Allen L. Smith Jr. Gary Wayne Catron Oklahoma City, Judson Sage OK Woodruff Melodie Howard Clayton Marietta, GA Thomas J. Charron J. H. Corpening II Wilmington, NC James Lambuth Nelson William Francis Crockett Wailuku, HI Philip Henry Lowenthal Horace Newton Dallas, TX Ralph W. Pulley Cunningham III Jr. Howard Coolidge Washington, DC Ronald Charles Davenport Jessamy Paul Steven Diamond Philadelphia, PA Bruce W. Kauffman Janet Dore New York, NY Thomas P. Dowling Patrick Earl Dwyer El Paso, TX Richard C. White John Michael Economidy San Antonio, TX Clarence Emile Bourassa Rudolph L. Ennis Knoxville, TN Robert Stillwell Marquis Paul A. Epstein San Francisco, CA Fred Haruz Altshuler Lon E. Farris Manassas, VA Peter K. McCrary Michael T. Gallagher Houston, TX Michael W. Perrin Michael Philip Gottschalk Eureka, CA Leon Allen Karjola Bryce U. Graham Tuscumbia, AL John Raymond Benn Benjamin E. Griffith Cleveland, MS Charles C. Jacobs Jr. Stefan Grotz Monterey, MA Philip Franklin Heller David L. Harbaugh Philadelphia, PA Richard P. Brown Jr. Randolph Burton Harris Oshkosh, WI J. Drew Ryberg Wilson Hayman Raleigh, NC William F. O'Connell MONDAY, MARCH 26, 1984 473

Applicant City and State Movant

Prentis Otis Hibler San Antonio, TX Stewart J. Alexander Alan J. Hoffman Philadelphia, PA Judge Bruce W. Kauffman Robert James Holland Houston, TX William Valerio Dorsaneo III Mark F. Huffman Dallas, TX William Francis Huffman Roger Q. Hyde Warren, MI Enrico V. Gualtieri Kathleen Katovich Intini Chicago, IL Hans Ulrich Stucki Scott E. Ivey Darien, CT David S. Golub Ellen L. Janos Boston, MA Thomas R. Kiley James Stephen Keyser Houston, TX Larry Stephen Perry John Koshel Jr. New York, NY Richard M. Schmidt Jr. Christopher Paul Kralick Newport Beach, Michael R. Capizzi CA Stephen M. Krason Bryn Mawr, PA W. Howard Mann Kip Merrill Kugler Richardson, TX Nathan S. Carr Mark Joseph Lawless New York, NY Richard M. Schmidt Jr. Pearson Liddell Jr. Washington, DC Robert L. Bell Lawrence E. Lindeman Alexandria, VA Leo C. Franey Laura B. Locklin Wayne, NJ George D. Malhiot Steven M. Looney New York, NY Harvey L. Pitt William A. Lubbers Bethesda, MD Norton Jay Come Philip Anthony Marraccini New York, NY Joseph J. Ferone Jr. John Devereux Marshall Atlanta, GA Charles Archibald Edwards Peggy Renate Mastroianni Washington, DC Philip B. Sklover Wm. G. McCaffree Nevada, MO Lynn Moore Ewing Jr. Michael Jesse McNulty III Lake Charles, LA Allen L. Smith Jr. John Edwin Messick Georgetown, DE Robert White Tunnell 474 MONDAY, MARCH 26, 1984

Applicant City and State Movant

Gray Hampton Miller Houston, TX Theodore Goller Thomas G. Minder Sacrampnto OA Frank KpIIop^p* Richardson Larry R. Morgan Cairo GA Richard A Culbertson Thomas R. Muck St Paul MN Bvron E Stams Jr. David Hisao Nakamura Wailuku, HI Philip Henry Lowenthal James Patrick O'Hara Overland Park, Douglas KS Lancaster Michael G. Okun Raleigh, NC Eugene Gressman

William S. Partridge ITXCvllXVCitV/Mankato j MN11X1 1 Jamps H Manahan

Daniel I. Prywes Washington, DC Leonard Harry Becker David Wayne Reagan Midland, TX Joseph M. Nuessle Michael Rubin San Francisco, CA Justice William J. Brennan Jr. Robert P. Rusch Medford, WI Frank L. Nikolay Freddie S. Rush Vicksburg, MS Lucius Bryan Dabney Jr. Dennis Lee Schrader Georgetown, DE A. Dean Betts Kenneth Robert Shear Seattle, WA Arthur Kinoy Mark DeLand Shelnutt Ocala, FL Wallace E. Sturgis Jr. James Carlos Smith Charlotte, NC George R. Hodges Stephen R. Smith Rye, NY David H. Pfeffer Richard Henry Sommer San Antonio, TX Stewart J. Alexander Charles David Stinson Oklahoma City, Stanley Lloyd OK Cunningham Richard Earl Stites Bloomington, IL Leon Joseph Zanoni French Lafayette Stone Oakland, CA D. Lowell Jensen Bobby Lee Stromile Plain Dealing, LA Henry N. Brown Jr. MONDAY, MARCH 26, 1984 475

Applicant City and State Movant

Kenneth M. Stroud Indianapolis, IN Gerald L. Bepko Chester L. Tennyson Jr. Boston, MA Irving H. Sheff Robert Loyd Tobey Dallas, TX Lawrence Edward Steinberg Joseph Gary Trichter Houston, TX Edward A. Mallett

Opinion Per Curiam

No. 83-1. Theodore Koehler, Warden, Petitioner v. Tilden N. Engle. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice Marshall took no part in the decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Aviata Fano Faalevao Pago Pago, Douglas Ross American Samoa George Andrew Frank Philadelphia, PA Hoge Tyler Sutherland James P. Hecht Woodstock, IL Joel Elihu Hoffman Herbert Shafer Atlanta, GA John Bronson Walsh

Oral Arguments

No. 82-2056. Escondido Mutual Water Company, et al., Petitioners v. La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, et al. Argued by Mr. Paul D. Engstrand for the petitioners, by Mr. Jerome M. Feit for the respondent Federal Energy Regulatory Commission, urging reversal, by Mr. Elliott Schulder for the respondent Secretary of Interior, and by Mr. Robert S. Pelcyger for the respondents Mission Indian Bands.

No. 83-264. Calvin W. Burnett, etc., et al., Petitioners v. James R. Grattan and Adrienne S. Hedman. Argued by Mr. Paul F. Strain for the petitioners and by Mr. Sheldon H. Laskin for the respondents. 476 MONDAY, MARCH 26, 1984

No. 83-498. G. Michael Brown, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et aL; and

No. 83-573. Martin Danziger, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al. Argued by Mr. Anthony J. Parrillo for the appellants and by Mr. Laurence Gold for the appellees.

No. 83-141. Hawaii Housing Authority, et al., Appellants v. Frank

E. Midkiff, et al.; • No. 83-236. Portlock Community Association (Maunalua Beach), et al., Appellants v. Frank E. Midkiff, et al.; and

No. 83-283. Kahala Community Association, Inc., et al., Appellants v. Frank E. Midkiff, et al. Argued by Mr. Laurence H. Tribe for the appellants and by Mr. Clinton R. Ashford for the appellees.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, MARCH 27, 1984 477 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Marilyn Gilbert Santa Barbara, J. Joseph Moakley CA Janet Marie Dolan Minneapolis, MN Carolyn Frances Corwin William George Moore Minneapolis, MN Carolyn Frances Corwin Maria Teresa Pombo Philadelphia, PA Juan J. Laureda Arlene R. Weiss Plainsboro, NJ Allan Joseph Nodes Don Affeldt Allen Washington, DC Allan Abbott Tuttle Bruce D. MacLachlan San Bernardino, Peter D. Isakoff CA

Opinions

No. 82-1031. Jefferson Parish Hospital District No. 2, et al., Peti-

tioners v. Edwin G. Hyde. 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 Stevens. Concurring opinion by Justice Brennan with whom Justice Marshall joins. Opinion by Justice O'Connor concurring in the judgment with whom the Chief Justice, Justice Powell and Justice Rehnquist join.

No. 82-1295. Escambia County, Florida, et al., Appellants v. Henry

T. McMillan, et al. Appeal from the United States Court of Appeals for the Fifth Circuit. Judgment vacated and case remanded to the Court of Appeals for consideration of the question whether the Voting Rights Act provides grounds for affirmance of the United States District Court for the Northern District of Florida's judgment. Opinion per curiam announced by the Chief Justice. Justice Blackmun, while joining the

(JOURNAL) WEDNESDAY, MARCH 28, 1984 479 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Donna M. DiTullio Washington, DC Roger A. Yochelson Timothy Alan Raezer Lancaster, PA John Paul Galligan

Oral Argument

No. 82-2120. Thomas F. Smith, Jr., et al., Petitioners v. William P. Robinson, Jr., Rhode Island Associate Commissioner of Education, et al. Argued by Mr. E. Richard Larson for the petitioners and by Mr. Forrest L. Avila for the respondents. No. 83-317. Sherman Block, Sheriff of the County of Los Angeles, et al., Petitioners v. Dennis Rutherford, et al. Argued by Mr. Frederick R. Bennett for the petitioners and by Mr. Alvin J. Bronstein for the respondents.

No. 82-712. New Jersey, Petitioner v. T.L.O. Argued by Mr. Allan J. Nodes for the petitioner and by Ms. Lois De Julio for the respondent.

No. 83-630. Efrem Bernal, Petitioner v. John W. Fainter, Jr. , Secre- tary of State of Texas, et al. Argued by Mr. Cornish F. Hitchcock for the petitioner and by Ms. Mary F. Keller for the respondents.

Adjourned until Monday, April 2, 1984 at 10 o'clock. x

Order in Pending Case

No. A-770. Edwin Edwards, Governor of Louisiana, et al., Appli- cants v. Paul Valteau, et al. The application for a stay of the order of the United States District Court for the Eastern District of Louisiana, entered March 21, 1984 pending appeal, presented to Justice White and by him referred to the Court is denied.

(JOURNAL) FRIDAY, MARCH 30, 1984 481 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Orders in Pending Cases

No. 83-1526. Alan J. Karcher, Speaker, New Jersey Assembly, et al., Appellants v. George T. Daggett, et al. The application for stay presented to Justice Brennan and by him referred to the Court is denied. Concurring opinion by Justice Stevens. Dissenting opinion by Justice Brennan with whom Justice White and Justice Marshall join.

No. A-786. Ronald Clark O'Bryan, Applicant v. Dan V. McKaskle, Acting Director, Texas Department of Corrections; and

No. A-787. Ronald Clark O'Bryan, Applicant v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. The applications for stay of execution of sentence of death presented to Justice White and by him referred to the Court are denied. Justice Brennan and Jus- tice Marshall would grant the applications.

No. A-791. Ronald Clark O'Bryan, Petitioner v. Margaret M. Heck- ler, Secretary of Health and Human Services. The petitioner's application for emergency relief, with respect to the order of the Court of Ap- peals for the District of Columbia Circuit, dated this day, presented to the Chief Justice and by him referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application.

(JOURNAL) MONDAY, APRIL 2, 1984 483 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-1323. Richard C. Cox, et al., Appellants v. Lexington-

Fayette Urban County Government, et al. Appeal from the Supreme Court of Kentucky. The appeal is dismissed for want of a substantial federal question.

No. 83-1387. Leona M. Holt, Appellant v. County of Tioga, New York. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question.

No. 83-1335. Nancy A. Konig, Appellant v. Sharon C. Abbott. Ap- peal from the Appellate Department, Superior Court of California,

County of Los Angeles. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1352. Neil E. Bischoff, et al., Appellants v. City of Austin. Appeal from the Court of Appeals of Texas, Third Supreme Judicial District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6264. Willis W. Chapman, Appellant v. Michigan National Bank of Detroit, etc. Appeal from the United States District Court for the Eastern District of Michigan. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 82-1787. Buckingham Corporation, Petitioner v. Odom Corpora- tion, dba Arizona Distributing Company. 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 remanded to the United States Court of Appeals for the 484 MONDAY, APRIL 2, 1984

Ninth Circuit for further consideration in light of Monsanto Company v. Spray-Rite Service Corporation, 465 U.S. (1984).

No. 82-2061. National Labor Relations Board, Petitioner v. Roadway Express, Inc. 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 vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of National Labor Relations Board v. City Dis- posal Systems, Inc., 465 U.S. (1984).

Orders in Pending Cases

No. . Julius T. Cuyler, Superintendent , Graterford Prison, Peti- tioner v. John Sullivan. The motion to direct the Clerk to file a petition for writ of certiorari with an appendix that does not comply with the Rules of the Court is denied.

No. . Lawrence W. Wardell, Petitioner v. Wilbert Holler, et al.

The motion to direct the Clerk to file a petition for writ of certiorari that does not comply with the Rules of the Court and is out-of-time is denied.

No. . Larry E. Gaulmon, Petitioner v. United States. The motion for leave to proceed in forma pauperis without filing an affidavit of indigency required by Rule 46 of the Rules of this Court is denied.

No. A-709. L. C, Applicant v. Florida Department of Health and Rehabilitative Services. The application for stay addressed to Justice

Blackmun and referred to the Court is denied.

No. A-739. Louis Porter, Applicant v. United States. The application for bail addressed to Justice Marshall and referred to the Court is denied. No. A-766. Mississippi Republican Executive Committee, Applicant v. Owen H. Brooks, etc., et al. The application for stay pending appeal addressed to Justice Stevens and referred to the Court is denied.

No. D-416. In the Matter of Disbarment of Dovey J. Roundtree. It is ordered that Dovey J. Roundtree, of Washington, D. C, 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-417. In the Matter of Disbarment of Jacob Friedland. It is ordered that Jacob Friedland, of Jersey City, New Jersey, be suspended from the practice of law in this Court and that a rule issue, returnable MONDAY, APRIL 2, 1984 485 within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 86, Original. State of Louisiana, Plaintiff v. State of Mississippi, et al. The application of the Special Master for compensation in the amount of $64,829.50 is hereby granted. One-half of this amount shall be paid to the Special Master by the plaintiff and one-half by the defendants. Dissenting opinion by the Chief Justice. Justice Blackmun dissents. He would allow the Special Master a total fee of $40,000.

No. 83-558. Irving Independent School District, Petitioner v. Henri Tatro, et ux., Individually and as next friend of Amber Tatro, a Minor. The motion of New York State Commission on the Quality of Care for the Mentally Disabled, Protection and Advocacy System for leave to file a brief as amicus curiae is granted. The motion of Association for

Persons with Severe Handicaps, et al. for leave to file a brief as amid curiae is granted. The motion of New Jersey Department of the Public Advocate for leave to file a brief as amicus curiae is granted.

No. 83-710. Harry J. Berkemer, Sheriff of Franklin County, Ohio, Petitioner v. Richard N. McCarty. The motion of respondent for divided argument is denied.

No. 83-751. Securities and Exchange Commission, et al., Petitioners v. Jerry T. O'Brien, Inc., et al. The motion of respondents for divided argument is denied.

No. 83-1096. Gomez-Hermanos, Inc., Appellant v. Secretary of the Treasury of Puerto Rico. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 83-1526. Alan J. Karcher, Speaker, New Jersey Assembly, et al., Appellants v. George T. Daggett, et al. The motion of appellants to expedite consideration of the statement as to jurisdiction is denied.

No. 83-6125. Roger Dale Stafford, Petitioner v. Oklahoma. The application for stay of execution of sentence of death set for April 3, 1984 presented to Justice White and by him referred to the Court is granted pending final disposition of the petition for writ of certiorari.

No. 83-6229. In Re Thomas G. Mueller, Petitioner. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 23, 1984 within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Justice Marshall, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of mandamus 486 MONDAY, APRIL 2, 1984 without reaching the merits of the motion to proceed in forma pauperis.

No. 83-6453. Robyn Leroy Parks, Petitioner v. Oklahoma. The application for stay of execution of sentence of death set for April 13, 1984 presented to Justice White and by him referred to the Court is granted pending final disposition of the petition for writ of certiorari.

Appeals—Jurisdiction Noted

No. 83-812. George C. Wallace, Governor of the State of Alabama, et al., Appellants v. Ishmael Jaffree, et al.; and

No. 83-929. Douglas T. Smith, et al., Appellants v. Ishmael Ja&ee, et al. Appeals from the United States Court of Appeals for the Elev- enth Circuit. In these cases probable jurisidiction is noted limited to

Question 1. The cases are consolidated and a total of one hour is allotted for oral argument. The judgment with respect to other issues presented by the appeals is affirmed. Concurring opinion by Justice Stevens.

Certiorari Granted

No. 83-1007. Tiffany Fine Arts, Inc., et al., Petitioners n United States, et aL Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 83-1325. Air Line Pilots Association, International, Petitioner v.

Harold H. Thurston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted. The case is con-

solidated with No. 83-997, Trans World Airlines, Inc. v. Thurston and a total of one hour is allotted for oral argument.

No. 83-1045. United States Department of Justice, et al., Petitioners

v. Anthony Provenzano. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit; and

No. 83-5878. Alfred B. Shapiro and Gregory J. Wentz, Petitioners v. Drug Enforcement Administration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The motion of petitioners in No. 83-5878 for leave to proceed in forma pauperis is granted. The petitions for writs of certiorari are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 83-6061. Jose Garcia and Francisco Garza, Petitioners v. United States. The motion of petitioners 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 Eleventh Circuit granted. MONDAY, APRIL 2, 1984 487 Certiorari Denied

No. 82-1909. National Labor Relations Board, Petitioner v. Scooba Manufacturing Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-395. Frances Brahna Denberg and Albert A. Denberg, etc., Petitioners v. United States Railroad Retirement Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-412. Roesch, Inc. and Marketing Division, Inc., Petitioners v.

Star Cooler Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-610. Babbitt Ford, Inc., Petitioner v. Navajo Indian Tribe, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-804. Board of School Commissioners of Mobile County, Ala- bama, et al., Petitioners v. Ishmael Jaffree, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

No. 83-915. Mary Laura Brookins, et al., Petitioners v. South Bend

Community School Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-943. American Trucking Associations, Inc., et al., Petitioners v. United States, et al.;

No. 83-1030. Ryder/PIE Nationwide, Inc., Petitioner v. United

States, et al.; and

No. 83-1119. National Association of Regulatory Utility Commission- ers, Petitioner v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-946. William Keene, et al., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-954. Conference of State Bank Supervisors, et al., Petitioners v. C. T. Conover, Comptroller of the Currency of the United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1000. J. D. Court, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. 488 MONDAY, APRIL 2, 1984

No. 83-1014. Mark Blumenthal, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 83-1090. Painters and Decorators Joint Committee East Bay Counties, Inc., Petitioner v. Painting and Decorating Contractors As- sociation of Sacramento, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1091. Andra A. Capaci, Petitioner v. Katz & Besthoff, Inc., et al.; and

No. 83-1094. Katz & Besthoff, Inc., Petitioner v. Equal Employment Opportunity Commission. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1121. Paul F. Gray, Jr., 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. 83-1134. Raymond Lurch, Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1209. Angora Enterprises, Inc., et al., Petitioners v. Benja-

min Cole, et ux., et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 83-1294. American Motors Corporation, Petitioner v. Joseph S. Lord, III, Judge, United States District Court for the Eastern District of Pennsylvania; and Jeep Corporation, Petitioner v. Joseph S. Lord, III, Judge, United States District Court for the Eastern District of Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1304. Emma Lee Paul, Petitioner v. Alex Haley, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1314. Betty Galvin, Petitioner v. Heritage First National Bank of Lockport, Illinois, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1322. Soula O'Bannon, Petitioner v. Robert Azar. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 83-1328. Timothy Dane Moore, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. MONDAY, APRIL 2, 1984 489

No. 83-1331. Lamar Barclay Pine, Sr., et al., Petitioners v. Credithrift of America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1333. American Dredging Company, Petitioner v. Berkley Curtis Bay Co., Inc. and Moran Towing & Transportation Co., Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1344. Ingram Manufacturing Co., Petitioner v. International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC and its Local 1013. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1347. Unigard Insurance Company, Petitioner v. Formica Corporation and American Cyanamid Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1348. County of St. Louis, Minnesota and Minnesota Chip- pewa Tribe, Petitioners v. Federal Land Bank of Saint Paul. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 83-1349. Magnisea Fisheries, Inc., Petitioner v. Oregon Oyster Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1359. Charles H. Landfried, Sr., et al., Petitioners v. Termi- nal Railroad Association of St. Louis. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1361. United Home Rentals, Inc., et al., Petitioners v. Texas Real Estate Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1383. Mark Krieg, Petitioner v. Paul Revere Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-1462. International Fidelity Insurance Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1471. William W. Wirtz, etc., et al., Petitioners v. Susan Mary Norris. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-5671. Willie Earl Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 490 MONDAY. APRIL 2. 1984

No. 83-5761. Roy Lee Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5831. Anibal Soberal-Perez. et al., Petitioners v. Margaret M. Heckler, Secretary. Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-5870. Billy Ray Dawson. Petitioner v. William French Smith,

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

No. 83-5913. Daniel A. Etlin, et al.. Petitioners v. Robert W. Horan. Jr., Commonwealth's Attorney. Petition for writ of certiorari to the Su- preme Court of Virginia denied.

No. 83-5928. Idi Amin Seifuddin. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-5941. Eddie D. Cox. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5974. Doy Lee Jones. Petitioner v. Thomas R. Israel, Super- intendent, Waupun Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6041. Salvatore Russotto, Petitioner v. Harold J. Smith, Su- perintendent. Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6214. Alfred Brooks. Petitioner v. Mack Alford. Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6232. Elbert Rush Jr., Petitioner <\ Larry E. Spears. War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6234. Jose M. Sanabria. Petitioner v. Charles Zimmerman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6242. James M. Kizziar. Petitioner v. Dan V. McKaskle. Act- ing Director. Texas Department of Corrections. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. MONDAY, APRIL 2, 1984 491

No. 83-6245. William F. Howard, Petitioner v. Donald Wyrick, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 83-6246. Linda S. Cannon, Petitioner v. Department of Elections for New Castle County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6250. Donald Wadsworth, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-6253. Donald Storms, Petitioner v. Lawrence H. Cooks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6257. James Waits, Petitioner v. Don Carter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6262. Carl M. Brown, Petitioner v. Dan V. McKaskle, Acting

Director, Texas Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6273. John Tarkowski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-6280. George Fulton, Petitioner v. Margaret M. Heckler, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6290. Eugene C. Kirk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6311. Alberta R. Aponte, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6331. Benny Grant Minor, Petitioner v. Veterans Administra- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6332. Dan Frederick Schramm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6357. Billy Reese Wagoner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 492 MONDAY, APRIL 2, 1984

No. 83-6359. Ronnie Fields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6365. Lucius F. McKoy, 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. 83-6372. Joseph W. Di Silvestro, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6376. Mauro Lopez-Salazar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-848. Service Merchandise Company, Inc., Petitioner v. Amana Refrigeration, Inc., and Davis-Watkins Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 83-431. Jeffrey B. Battle, et al., Petitioners v. The Lubrizol Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 83-1327. Clifton N. Cherry, et ux., et al., Petitioners v, Wesley

E. Steiner, et al. 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. 83-1301. Milgo Electronic Corporation, Petitioner v. Codex Cor- poration, et al. The motion of Jackson, Jones & Price for leave to file a brief as amicus curiae, out-of-time, is denied. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1316. Florida, Petitioner v. Arthur Hayes Burwick. 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.

No. 83-6258. Robert Sawyer, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall. Habeas Corpus Denied

No. 83-1395. In Re Alex Raineri, Petitioner. The petition for writ of habeas corpus is denied. MONDAY, APRIL 2, 1984 493 Rehearings Denied

No. 83-5549. Katherine Ann Cantrell, Petitioner v. Florida;

No. 83-5783. Raymond Simpson, Petitioner v. D. F. Isringhausen;

No. 83-5799. Clifton Charles Russell, Jr., Petitioner v. Texas;

No. 83-5872. Charles M. Gates, Petitioner v. Margaret M. Heckler, Secretary, Health and Human Services;

No. 83-5975. Ruth Iverson Senti, Petitioner v. K.C. Sharma, et al.; and

No. 83-6018. Helen T. White, Petitioner v. Catherine M.Toppitzer. The petitions for rehearing are denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Mark Thomas Altieri Bridgeport, CT James J. Gentile Barbara W. Bishop Brooklyn, NY Barbara Dale Underwood Alexander L. Blondeau Jr. Benton, LA Henry N. Brown Jr. Andrew Lavoott Bluestone Brooklyn, NY Barbara Dale Underwood Monica Rose Bohlen Cincinnati, OH Steven E. Simon A. Paul Burton Hampton, VA L. Eldon James Roger Louis Camacho Newark, NJ Matthias D. Dileo Caryn Goldenberg Carvo Staten Island, NY Barbara Dale Underwood Thomas James Cavuto Fairfax, VA John H. Rust Thomas Wilton Chellis El Paso, TX Woodrow Wilson Bean II John David Collins San Diego, CA Gerald S. Davee David J. Creahan Cincinnati, OH Steven E. Simon Richard A. Damiani Cleveland, OH Edmund Balfour Round Alan Paul Danovitch Boston, MA Charles A. Roberts Peter Alan Davidson Los Angeles, CA Robert M. Loeffler !

494 MONDAY, APRIL 2, 1984

Applicant City and State Movant

William Isaac Diggs Columbia, SC Elizabeth Caughman Fullwood Merrilynn R. Douglas Grafton, MA Thomas J. Donahue Jr. Laura Ellen Drager Brooklyn, NY Barbara Dale Underwood J. Michael Earp Westminster, MD Charles Merriken Byrd John Brendan Elbert Philadelphia, PA Janet Marloff Sonnenfeld Joseph T. Farrell Orlando, FL Robert William Simmermon Joseph M. Fine Albuquerque, NM William Joseph Lock John Kenneth Ford Brockton, MA Bernard Cohen Judith Christine Foster Springfield, VA Walter E. Thomas Robert J. Frejlich Chicago, IL James W. Reilley Abraham A. Friedman New York, NY Barbara Dale Underwood

v XV_/ X. J_ i. James~f till Vj HaroldCiX W X \_4 FritzX. X. 1 LZj LosUUU AntrelesX11C v>iv_,o ^ CAvii Eugene Robert Grace

Haroldx J.U1 Peter-1- v v^l GoldfieldVjlV/lUllvlU New York, NY Fred F. Fielding v^llcll lCu kJ U LidX L llCllllliLUll Seattle WA Michael C. III Duggan N. Michael Katz Philadelphia, PA Bernard N. Katz Dipcrn •j aiiico J_j • xviiiji OctSan11 I/lCcUj CA\J xi. Gerald S. Davee Edward Robert Kump Washington, DC John Albert Borsari

Tlonvo T oiiDV T AO A VI fTol OC | A -nLilgclco, v_y ijL Michael P. King Bruce Christopher Lee Philadelphia, PA Lois Goldstein Forer Robert James Link Jacksonville, FL Wm. J. Sheppard John D. Lowery Seattle, WA Stephen E. DeForest Claudia J. Martin Philadelphia, PA Maria Parisi Vickers Gary Duncan Martin Enid, OK Earl B. Mitchell Jr. MONDAY, APRIL 2, 1984 495

Applicant City and State Movant

James Augustus Mather Tucson, AZ Arthur Bates Butler III Robert J. McGuire Minneapolis, MN Roderick D. Blanchard Richard Alan Merkt Chatham, NJ Thomas R. O'Brien # Thomas Patrick Monaghan Clarksville, TN Charles E. Rice William Stephen Moore Hampton, VA L. Eldon James Ira M. Myers New York, NY Frank A. Weg Alan Steven Nadel Philadelphia, PA Roberta L. Jacobs Lars Franklin Nance Brooklyn Heights, Barbara Dale NY Underwood Thomas C. Nyhan Chicago, IL James L. Coghlan Donald F. Paine Knoxville, TN Foster D. Arnett Ronald Louis Panitch Philadelphia, PA Roberta L. Jacobs George Edgar Parker Winston-Salem, Fred G. Crumpler NC Jr. Gerald F. Penca Cleveland, OH Edmund Balfour Round Ivan Joseph Punchatz Edison, NJ Joseph T. Maloney Andrew Howard Quinn Jr. Philadelphia, PA John Mattioni Lee H. Russell Chicago, IL James W. Reilley Marc Samuel Russo Brooklyn, NY Barbara Dale Underwood Ellen Scalettar Baltimore, MD Joseph Davies Tydings Robert Martin Scherk Los Angeles, CA Michael P. King Tony Tso-Wan Shu Chicago, IL Gordon Victor Levine Jeffrey Singer New York, NY Jeffrey Arnold Nemerov Larry L. Snodgrass Rogers, AR Walter Raymond Niblock Randolph Daniel Stowe Norfolk, VA John W. Brown Dennis Ward Strain Pittsburgh, PA Paul Farrell Strain David C. Sturm Brooklyn, NY Barbara Dale Underwood 496 MONDAY, APRIL 2, 1984

Applicant City and State Movant

Henry T. Swann III Miami, FL David A. Russell Michael J. Tague Champaign, IL Charles L. Palmer Jonathan Cooper Thacher Fairfax, VA John C. Wood Roger D. Thompson Junction City, KS Richard F. Waters William W. Thompson Jr. Washington, DC John B. Tacke John S. Torigian Houston, TX Craig E. Power Anthony Tupler Santa Fe, NM Charlotte Uram Wayne Walker Houston, TX Howard Russell Dixon Jr. Donald E. Walsh Wilmington, DE Richard R. Lee Harry J. Weiss Washington, DC Benjamin Greenspoon Joseph A. Woods Jr. Oakland, CA Arnold M. Lerman

Opinions

No. 82-1167. United States, Petitioner v. Bradley Thomas Jacobsen and Donna Marie Jacobsen. 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. Opinion by Justice White concurring in part and concurring in the judgment. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins.

No. 86, Original. State of Louisiana, Plaintiff v. State of Mississippi, et al. On Exceptions to the Report of the Special Master. The Excep- tions of Mississippi are overruled. The recommendations of the Special

Master are adopted and his Report is confirmed. Opinion by Justice Blackmun. No. 82-825. Equal Employment Opportunity Commission, Petitioner v. Shell Oil Company. 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 Marshall. Opinion by Justice O'Connor concurring in part and dissenting in part with whom the Chief Justice, Justice Powell and Justice Rehnquist join. MONDAY, APRIL 2, 1984 497

Admissions to the Bar on Oral Motions

Applicant City and State Movant

George C. Eskin Ventura, CA Mary M. Kearney Hannah-Beth Jackson Ventura, CA Mary M. Kearney John R. Marquis Holland, MI Garry E. Brown Marsha H. Cellucci Naperville, IL George G. Olsen Richard D. Felice Wheaton, IL George G. Olsen LeRoy A. Grotto Wheaton, IL George G. Olsen L. William Kolb River Forest, IL George G. Olsen John Panegasser Elmhurst, IL George G. Olsen Erich 0. Pavel III Warrenville, IL George G. Olsen Kenneth G. Vincolese Elmhurst, IL George G. Olsen Marianne D. Yacobellis Naperville, IL George G. Olsen JoAnn Abbadessa New York, NY Lenore Kramer Ronnie Laine Bernon New York, NY Lenore Kramer Barbara Pfeffer Billauer New York, NY Lenore Kramer Helene E. Blank New York, NY Lenore Kramer Joyce A. Brauer-Weston New York, NY Lenore Kramer Katharine S. Brooks New York, NY Lenore Kramer Katherine M. Burns New York, NY Lenore Kramer Bridget Elizabeth Farrell New York, NY Lenore Kramer William A. Gallina New York, NY Lenore Kramer Maryssa Kannigan Gilbride New York, NY Lenore Kramer Lester R. Hill Jr. New York, NY Lenore Kramer Barbara E. Hoppmann New York, NY Lenore Kramer Anita Terese Isola New York, NY Lenore Kramer Sheila Josefsberg Kasten Brooklyn, NY Lenore Kramer Annette Zwiren Kolman New York, NY Lenore Kramer Marjorie A. Lesch Hollis Hills, NY Lenore Kramer Carol Levine New York, NY Lenore Kramer Benedict Peter Morelli New York, NY Lenore Kramer Camillo Nardelli New York, NY Lenore Kramer Janet D. Slavin New York, NY Lenore Kramer Mark Alan Burstein Southfield, MI Dennis M. Hertel Joseph E. Crehan Rochester, MI Dennis M. Hertel Harry Steven Ellman Birmingham, MI Dennis M. Hertel 498 MONDAY, APRIL 2, 1984

Applicant City and State Movant

Donald Charles Garavaglia Warren, MI Dennis M. Hertel Gregory R. Lane Southfield, MI Dennis M. Hertel William R. McNamee Detroit, MI Dennis M. Hertel William J. Schramm Mt. Clemens, MI Dennis M. Hertel Kim Donald Shaw Flint, MI Dennis M. Hertel James A. Waske Southfield, MI Dennis M. Hertel Ralph H. Watt Royal Oak, MI Dennis M. Hertel

Adjourned until Monday, April 16, 1984 at 10 o'clock. x (JOURNAL) WEDNESDAY, APRIL 4, 1984 499 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Stevens and Justice O'Connor.

Certiorari Denied

No. 83-6533. Elmo Patrick Sonnier, Petitioner v. Ross Maggio, Jr., Warden. The application for stay of execution of the sentence of death presented to Justice White 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 Bren- nan and Justice Marshall. Justice Rehnquist took no part in the consideration or decision of this application and petition.

No. 83-6532. Arthur Frederick Goode, III, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. The application for stay of execution of the sentence of death presented to Justice Powell 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 Brennan and Justice Marshall. Justice Rehnquist took no part in the consideration or decision of this application and petition. I (JOURNAL) MONDAY, APRIL 16, 1984 501 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. 8, Original. State of Arizona, Plaintiff v. State of California, et al. On Exceptions to Special Master's Report and Recommended De- cree. Supplemental Decree entered. It is ordered, adjudged and decreed:

A. Paragraphs (2) and (5) of Article 11(D) of Decree in this case entered March 9, 1964 amended.

B. Paragraph 1(A) of Decree of January 9, 1979 amended. C. In addition to mainstream diversion rights in favor of Indian Res- ervations specified in Paragraph 1(A) of Decree of January 9, 1979, as amended by Paragraph B of this decree, a mainstream diversion right of 2,026 acre-feet for Cocopah Reservation shall be charged against the State of Arizona with a priority date of June 24, 1974.

D. Except as otherwise provided herein, Decree entered March 9,

1964, and Supplemental Decree entered January 9, 1979, remain in full force and effect. E. Allocation of costs previously made by Special Master approved and no further costs shall be taxed in this Court, absent further proceedings after entry of this Decree. F. The Special Master appointed by the Court is discharged with thanks of the Court. G. The Court shall retain jurisdiction herein to order such further proceedings and enter such supplemental decree as may be deemed appropriate. Opinion per curiam. Justice Marshall took no part in the consideration or decision of this matter.

No. 83-181. Baldwin County Welcome Center, Petitioner v. Celinda Brown. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh 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 reversed. Opinion per curiam. Dissenting 502 MONDAY, APRIL 16, 1984 opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

Appeals—Summary Disposition

No. 83-985. Southern Pacific Transporation Company, Appellant v. Public Utilities Commission of California, et al.; and Southern Pacific Transportation Company, et al., Appellants v. Public Utilities Commis- sion of California, et al. Appeal from the Supreme Court of California. The appeal is dismissed for want of a substantial federal question.

No. 83-1251. National Liberty Life Insurance Company, Appellant v. State Board of Equalization; and

No. 83-1264. Illinois Commercial Men's Association, Appellant v. State Board of Equalization. Appeals from the Supreme Court of Cali- fornia. The appeals are dismissed for want of a substantial federal question.

No. 83-1397. Minneapolis Police Relief Association, al. et , Appellants v. Barbara L. Sundquist, etc., et al. Appeal from the Supreme Court of Minnesota. The appeal is dismissed for want of a substantial federal question.

No. 83-1472. Charles E. Home, etc., Appellant v. Betty Chafin, et al. Appeal from the Supreme Court of North Carolina. The appeal is dismissed for want of a substantial federal question.

No. 83-1371. Paul F. Perati, Appellant v. Fred Cutter. Appeal from the Court of Appeal of California, First Appellate District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1409. Bergen Pines County Hospital, Appellant v. New Jer- sey Department of Human Services, et al. Appeal from the Superior Court of New Jersey, Appellate Division. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1423. William P. Pointon, Jr., Appellant v. Raymond J. Dono- van, Secretary of Labor. Appeal from the United States Court of Ap- peals for the Tenth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-6297. June Underwood, Appellant v. Ohio. Appeal from the Court of Appeal of Ohio, Franklin County. The appeal is dismissed want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. MONDAY, APRIL 16, 1984 503

No. 83-1422. City of Pleasanton, et al., Appellants v. Travis J.

Smith, et al. Appeal from the United States District Court for the Western District of Texas. The judgment is affirmed.

Orders in Pending Cases

No. . Robert B. Eubank, etc., Petitioner v. Lee Lumber Com- pany, Ltd., et al.

No. . Jack C. Givens, etc., et al, Petitioners v. United States Railroad Retirement Board.

No. . Libertarian Party of Louisiana, Petitioner v. James H. Brown, Secretary of State of Louisiana, et al.

No. . M. W. Zack Metal Co., Petitioner v. Supreme Court of New York, County of New York, et al.

No. . Sandusky Real Estate, Inc. dba Real Estate One and R. G. Holderness, Petitioners v. DeWitt McDonald, et ux. The motions to direct the Clerk to file petitions for writs of certiorari that do not comply with the Rules of this Court are denied.

No. . Florence Talamini, Administratrix of Estate of John A. Talamini, Deceased, Appellant v. Allstate Insurance Company. The motion to direct the Clerk to file a jurisdictional statement that does not comply with the Rules of this Court is denied.

No. . Carl Cuthbertson, et al., Petitioners v. Biggers Brothers,

Inc. The motion to direct the Clerk to file a petition for writ of certiorari, out-of-time, is denied.

No. A-790. Paul Wm. Polin, et ux., Applicants v. Jews for Jesus, et al. The application for stay of mandate addressed to the Chief Justice and referred to the Court is denied. No. D-418. In the Matter of Disbarment of Floyd Witherspoon An- derson. It is ordered that Floyd Witherspoon Anderson, of Washing- ton, 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. 82-2113. Robert D. H. Richardson, Petitioner v. United States.

The motion of petitioner for leave to file a supplemental brief after argument is granted.

No. 83-614. Securities Industry Association, Petitioner v. Board of

Governors of the Federal Reserve System, et al. The motion of Legal

Foundation of America for leave to file a brief as amicus curiae is granted. 504 MONDAY, APRIL 16, 1984

No. 83-1368. Northwest Wholesale Stationers, Inc., Petitioners. Pa-

cific Stationery and Printing Co. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 83-1378. Paul Kavanaugh, Superintendent, Blackburn Correc- tional Complex and David L. Armstrong, Attorney General, Petition- ers v. Keith E. Lucey. The motion of respondent for leave to proceed in forma pauperis is granted.

Appeals—Jurisdiction Noted

No. 83-1274. Metropolitan Life Insurance Company, et al., Appel- lants v. W. G. Ward, Jr., et al. Appeal from the Supreme Court of Ala- bama. In this case probable jurisdiction is noted.

No. 83-1032. Federal Election Commission, Appellant v. National

Conservative Political Action Committee, et al.; and No. 83-1122. Democratic Party of the United States and Democratic National Committee, Appellants v. National Conservative Political Ac- tion Committee and Fund for a Conservative Majority. Appeals from the United States District Court for the Eastern District of Pennsylva- nia. The motion of Gulf & Great Plains Legal Foundation, et al. for leave to file a brief as. amici curiae is granted. 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. 83-1334. Andrew J. Winston, Sheriff and Aubry M. Davis, Jr., Petitioners v. Rudolph Lee, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 8&-1360. Leonard Webb, Petitioner v. County Board of Educa- tion of Dyer County, Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Certiorari Denied

No. 82-837. Arthur Young & Company, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-401. A. E. Staley Manufacturing Co., Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-625. James D. Griffin, Mayor of the City of Buffalo, et al., Petitioners v. Board of Education of the City of Buffalo, New York, et MONDAY, APRIL 16, 1984 505 al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-663. New York and James L. Larocca, Commissioner, De- partment of Transportation of New York, Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-874. Tracy Coy Poe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-960. Giles Galahad, Petitioner v. Zita L. Weinshienk, Judge, United States District Court for the District of Colorado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-981. Stanley Spencer, et al., Petitioners v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-984. V.N.A. of Greater Tift County, Inc., Petitioner v. Mar- garet M. Heckler, Secretary of Health and Human Services, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-998. Foley Construction Company, Petitioner v. U.S. Army Corps of Engineers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1040. Seaboard System Railroad, Inc., et al., Petitioners v. Raymond J. Donovan, Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1053. Southern Pacific Transportation Company, Petitioner v. Public Utilities Commission of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1068. Lloyd Spencer, et al., Petitioners v. Eula Mae Logan. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1145. Robert Singer, Petitioner v. Brad Gates, Sheriff-Coro- ner, County of Orange, and County of Orange. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 506 MONDAY, APRIL 16, 1984

No. 83-1148. Leo Vittorio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 83-1178. American Air Parcel Forwarding Company, Ltd. and

E. C. McAfee Company, Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1182. Ensign-Bickford Company, Petitioner v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Sec- retary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1184. Tennessee Water Quality Control Board, et al., Peti- tioners v. Tennessee Valley Authority. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1191. Bruce Grazdano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1198. Stone Boat Yard, Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1201. Todd Shipyards Corporation and Fireman's Fund In- surance COc, Petitioners v. Gerald L. Black and Director, Office of Workers' Compensation Programs, United States Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1226. John Garrett, Petitioner v. United States; and

No. 83-1227. L. G. Moore, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1255. Stephen J. Hacker, Petitioner v. Fifth Third Bank. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1263. Edward Conway, Petitioner v. Consolidated Rail Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1353. Gloria Harlan, Petitioner v. First Interstate Bank of Utah. Petition for writ of certiorari to the Supreme Court of Utah denied. MONDAY, APRIL 16, 1984 507

No. 83-1364. Gerard Colby Zilg, Petitioner v. Prentice- Hall, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1375. Gloria D. Akin and Ted M. Akin, Petitioners v. George L. Dahl. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 83-1379. Diamond M Drilling Company and Union Oil Company of California, Petitioners v. Delton H. Cason. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 83-1380. Lloyd D. O'Quinn, Petitioner v. Whitney National Bank of New Orleans. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied.

No. 83-1390. LaVerne William Brown, Jr., Petitioner v. Rosamond F. Brown. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Fourth Appellate District, denied.

No. 83-1399. Marshall L. Pecina, Petitioner v. Atchison, Topeka & Santa Fe Railway Company and Brotherhood of Railway, Airline and Steamship Clerks. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1408. John J. Toner, Judge, Juvenile Court, Petitioner v. Freddie Cody. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 83-1410. Carlos OUvera-Chirino, Raul Pinera and Fausto Manuel Sanchez, Petitioners v. United States; No. 83-1425. Jose Luis Marino, Petitioner v. United States; No. 83-1428. Hector Theodore Valdes, Petitioner v. United States; and No. 83-1530. Jose Delfin Mule-Vasquez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1411. Anthony Ernest Lunati, et al., Petitioners v. Tennes- see. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied.

No. 83-1412. City of Cambridge, Massachusetts, Petitioner v. Rob- ert W. Meserve and Benjamin H. Lacy, etc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1424. Jack Brock, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. I 508 MONDAY, APRIL 16, 1984

No. 83-1436. Darlene R. White, Petitioner v. International Tele- phone and Telegraph Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1458. Frank E. Ferreira, et al., Petitioners v. L&M Profes- sional Consultants, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 83-1461. Miguel A. Gargallo, Petitioner v. Franklin County Court of Common Pleas, Domestic Relations, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1483. Buel Lee Shepherd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1484. Eddie Barboa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1487. Pauline T. Sawyer, Petitioner v. duPont Glore Forgan,

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

No. 83-1502. Seldon B. Graham, Jr., Petitioner v. Three or More Members of the Six Member Army Reserve General Officer Selection

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

No. 83-1504. George S. McLean, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1507. Michael P. Dreher and Christina Dreher, Petitioners v. Martin Morrison, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1512. Antonio Iglesias-Uranga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1523. Lawrence D. Wilson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1546. Gloria F. Anderberg, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, APRIL 16, 1984 509

No. 83-1549. Park Corporation, Petitioner v. National Savings and Trust Co. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5384. Vincent L. Boylan, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-5733. Jerry Lee Norman, Petitioner v. Eddie Lucas, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5856. John W. Mowery, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-5866. James Raymond Kajfasz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-5961. Celeste Broughton, Petitioner v. North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5967. Ernest Green, Petitioner v. United States;

No. 83-5972. Stevenson Bey, Petitioner v. United States; and

No. 83-6026. Robert Bey, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5971. Hanson Joseph Boykins, Petitioner v. Frank C. Blacks burn, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5982. Gene R. Rhodes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6010. Christopher Michael Anthony Eden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6070. James A. Nichols, Petitioner v. John R. Gagnon, Super- intendent, Fox Lake Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6075. Alex P. McCoy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 510 MONDAY, APRIL 16, 1984

No. 83-45102. Tyrone Good, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6139. Donald R. Jermosen, Petitioner v. Harold J. Smith, Su- perintendent, Attica Correctional Facility. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-6206. David Henry Southworth, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-6241. Rudolph L. Lucien, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-6247. Barbara Thibodeau Ayers, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 83-6276. Getroy Nevels, Jr., Petitioner v. L.G. Tohey, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6279. Frank W. Smith, Petitioner v. E.P. Perini, Superin- tendent, Marion Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6283. Pasquale J. Coleman, Petitioner v. Sussex County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6284. Pasquale J. Coleman, Petitioner v. Millsboro Township. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6287. Ronald Herrington, Petitioner v. Met Coal and Coke Company, Inc. Petition for writ of certiorari to the Circuit Court of the 17th Judicial Circuit, Monongalia County, W. VA denied.

No. 83-6291. Albert J. Scarselli, Petitioner v. Fiduciary Trust Com- pany of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6292. Brian Rothschild, Petitioner v. Y.M.C.A. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6293. Leonard Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, APRIL 16, 1984 511

No. 83-6294. Ross P. Webster, Petitioner v. John Rees, Superin- tendent, Kentucky State Reformatory, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6295. John Taylor Queen, Petitioner v. Mary P. Easley. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6296. Gerald Donald Robinson, Petitioner v. National Union Fire Insurance Company, etc. Petition for writ of certiorari to the Su- preme Court of Texas denied.

No. 83-6302. Michael Taylor, Petitioner v. Bryant Devereaux. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6305. Dale Albert Zygadlo, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6306. Edith Woodberry, et al., Petitioners v. Samuel Pierce, Secretary, Housing and Urban Development. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6307. Royce Arlington Young, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6309. Samuel P. Moore, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6310. Joseph G. Romeri, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 83-6314. Roberto Rafael Brown, Petitioner v. William Callahan, Associate Commissioner, Massachusetts Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6316. Marcus Aaron Dixon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6324. Jerry Lewis Thomas, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. 512 MONDAY, APRIL 16, 1984

No. 83-6325. Melvin 0. Wright, Petitioner v. Lawrence H. Cooke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6328. Herber J. Norton, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 83-6329. Donald Ray Sceifers, Sr., Petitioner v. Indiana. Peti- tion for writ of certiorari to the Supreme Court of Indiana denied.

No. 83-6335. Harvey Lowe, et al. , Petitioners v. Continental Insur- ance Company, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-6338. Bickett Douglas Fort, Petitioner v. William E. Henry, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-6349. J. B. McGlocklin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6351. Rudolph Lee, Jr., Petitioner v. Andrew J. Winston, Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6354. Thaddeus Wright, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 83-6368. Brian Rothschild, Petitioner v. Robert Lockwood, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6379. Robert D. Cerveny, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6382. Rafael Pizarro, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6383. Peter James Atherton, Petitioner v. Circuit Court of Loudoun County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 83-6385. Martin John Cote, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6393. Suchart Chanya, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, APRIL 16, 1984 513

No. 83-6394. James Henry Walker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6398. John Waldo Birges, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6403. James Miller, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 83-6408. Wayne E. Sinn, Petitioner v. Norman G. Owens. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6414. Ronald DiGiovanni, Petitioner v. National Transporta- tion Safety Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6415. Michael Conyers, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6416. Iverson Broadway, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6418. David Karl Crites, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6426. Royce Arlington Young, Petitioner v. William Mrock, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-6439. Darrell D. Hawkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6445. Conrad L. Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 82-716. El Paso Company, Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell would grant certiorari. No. 83-977. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. John Hudgins. 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. 514 MONDAY, APRIL 16, 1984

No. 83-1116. Lucy M. Hunt and Guess What, Inc., Petitioners v. Tennessee. Petition for writ of certiorari to the Court of Criminal Ap- peals of Tennessee, Western Division, denied. Justice Brennan and Jus- tice Marshall would grant the petition for a writ of certiorari and reverse the judgments of conviction.

No. 83-1180. Liane Buix McDonald, etc., Petitioner v. United Air

Lines, Inc., et al.;

No. 83-1377. Joyce Barr, Petitioner v. United Air Lines, Inc., et al.; and

No. 83-1391. United Air Lines, Inc., Petitioner v. Liane Buix Mc-

Donald, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Stevens took no part in the consideration or decision of these petitions.

No. 83-1222. California, Petitioner v. Clerow Wilson. The application for stay presented to Justice O'Connor and by her referred to the Court is denied. The petition for a writ of certiorari to the Supreme Court of California is denied.

No. 83-1310. Edward T. Young, Jr., et al., Petitioners v. Southwest-

ern Colorado Water Conservation District, et al. Petition for writ of certiorari to the Supreme Court of Colorado denied. Justice White and Justice Powell took no part in the consideration or decision of this petition.

No. 83-1336. Mary Jones, et al., Petitioners v. Amalgamated Warbasse Houses, Inc., et al. The motion of NAACP Legal Defense

and Educational Fund, 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 Second Circuit denied.

No. 83-1369. William W. Bryson, Petitioner v. Macfield Texturing, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 83-1372. C & H Transportation Co., Inc., Petitioner v. Jensen and Reynolds Construction Company, et al. The motion of respondent

Par Industries, Inc. for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6141. David Leon Cheadle, Petitioner v. New Mexico. Peti- tion for writ of certiorari to the Supreme Court of New Mexico denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, APRIL 16, 1984 515

No. 83-6215. Robert Franklin Godfrey, Petitioner v. Robert Francis, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6231. James Ronald Meanes, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6281. Jeffrey Joseph Daugherty, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6285. George Clifton Gilmore, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-6318. James Flowers, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6268. Michael Ray Horine, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon. The petition is dismissed for want of a final judgment.

Rehearings Denied

No. 82-827. Minnesota, Petitioner v. Marshall Donald Murphy;

No. 82-1041. Esther C. Dickman, et al., Petitioners v. Commissioner of Internal Revenue;

No. 82-1845. Colorado, Petitioner v. Antonio Guadalupe Nunez;

No. 82-1888. Volkswagenwerk Aktiengesellschaft, Appellant v. Jo- seph Falzon, et al.;

No. 83-926. Axel-Felix Kleiboemer, et al., Petitioners v. District of Columbia;

No. 83-1106. C'est La Place, Appellant v. Groner Apartments;

No. 83-5352. Gregory Arnold Murphy, Petitioner v. Kentucky;

No. 83-5662. Keith Phillips, Petitioner v. Kentucky;

No. 83-5679. Ella Hornick, Petitioner v. Ruth Noyes, et al.;

No. 83-5772. J. W. McQueen, Petitioner v. J. E. Ramsey, Warden;

No. 83-5883. Timothy Paul Keenan, Petitioner v. Frank Elo, et al.;

No. 83-5910. David Caylor, Petitioner v. Mississippi;

No. 83-6033. Edward Tugman, et al., Petitioners v. Margaret M. Heckler, Secretary, Health and Human Services; and 516 MONDAY, APRIL 16, 1984

No. 83-6088. Edward Dean Christensen, Petitioner v. Commissioner of Internal Revenue. The petitions for rehearing are denied.

No. 83-6122. Cyrus H. Khabiri, Petitioner v. George L. Wallace, etc., et al.; and

No. 83-6220. Everett R. Darnell, Petitioner v. United States. The petitions for rehearing are denied. Justice Marshall took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

V_/lLjrC\tv cullianrl ^tatpOldlc Movant

Dewitt Talmage Allred Jr. Collins, MS Frank Douglas Montague Jr. Bruce Allan Alter Miami, FL Melvin S. Black Patricia C. Ambrose Akron, OH Randall Ackley Cole Robert Morgan Amos Fairmont, WV Franklin D. Cleckley Claire T. Barile Newark, NJ William F. Tompkins E. William Barnett Houston, TX Reagan Kurt Burch W. Brian Bayly Daytona Beach, Mark Christopher FL Menser Peter F. J. Beagle Columbus, OH Harold E. Wonnell Clarence Bell Pittsburgh, PA Robert G. Johnston Susan Leslie Washington, DC Steven B. Blankenheimer Farbman Laura Wean Bonn Miami, FL Judge Nan R. Huhn Wayne Stephen Braveman Los Angeles, CA Raymond Corley Fisher Pamela Anne Bresnahan Baltimore, MD Aaron L. Handleman Clifford Cameron Caldwell El Centro, CA Charles A. Pinney Jr. David Alan Caldwell Cincinnati, OH Kenneth Joseph Schneider MONDAY, APRIL 16, 1984 517

Applicant City and State Movant

Frederic Ernest Cann Portland, OR Preston C. Hiefield Jr. Mark S. Caramanica Waltham, MA Jean A. Nicolazzo Frank Louis Carrabba Houston, TX Ramon Edward Williams Dennis Michael Cavanaugh Newark, NJ William F. Tompkins Robert Brian Cave Washington, DC Vincent H. Cohen Edmund F. Chojnowski South Lancaster, Wayne Louis MA Belair Philip A. Clancey Traverse City, MI Stuart D. Hubbell James T. Cox West Memphis, Bruce Stephen AR Kramer Denis F. Cronin New York, NY Leonard M. Rosen Jack W. Crooks Tampa, FL Thomas Michael Foster Kevin X. Crowley Tallahassee, FL Bruce Douglas Barkett Howard F. Daniels Los Angeles, CA Maxwell Michael Blecher Donald Martin Dawkins Rockingham, NC John T. Page Jr. Robert 0. Dawson Austin, TX David Wyatt Robertson Conrad Alvis Day Houston, TX Edward Arthur Kelly John P. Dellera New York, NY Charles Dickerman Williams Gene Victor DelTredici San Francisco, CA Larry W. Shelton Dana Lee Dembrow Silver Spring, MD Judge Peter Henry Wolf David Gregg Derickson Phoenix, AZ Daniel F. Cracchiolo Greg David Derin Los Angeles, CA Robert Edward White John Chapman Dice Memphis, TN Felix H. Bean III Kathryn L. Dietz Bismarck, ND Calvin N. Rolfson Patrick L. Durusau Jena, LA Edwin Rene Hughes 518 MONDAY, APRIL 16, 1984

Applicant City and State Movant

Lucille Falcone New York, NY Robert J. Miller Bruce A. Featherstone Denver, CO James Harvey Schink George James Felos Dunedin, FL Thomas Warren Ruggles James C. Ferguson Baton Rouge, LA Mark A. Holden Nello V. Ferrara River Forest, IL John James Alioto Edward James Finnegan Leesburg, VA David Tillman Stitt Robert William Gagniuk Pontiac, MI William John Beer John Burwell Garvey Laconia, NH John Pierce Chandler William H. Goddard Dandridge, TN Alfred Benjamin Strand Jr. Peter Henry Gould Washington, DC Baruch A. Fellner Robert M. Granger Boston, MA William A. Thurman David M. Gubow Bloomfield Hills, Wade H. McCree MI Jr. John Patrick Hanrahan Beverly Hills, CA Lawrence Ruben Barba Joel Frederick Hansen Las Vegas, NV Roger L. Hunt Kirk R. Harrison Las Vegas, NV Solicitor General Rex E. Lee Carl H. Hellerstedt Jr. Pittsburgh, PA Charles Richard Volk Tim Davidson Hemingway Macon, GA Sam Nunn Robert Myles Hertzberg Los Angeles, CA Don Erik Franzen Edward W. Hess Jr. Tustin, CA Peter Michael Callahan Otto D. Hewitt III Galveston, TX Benjamin Rush Powel Laura Hankins Hinrichs Santa Ana, CA Rosalee Pothier Charles Hamilton Hobgood Raleigh, NC Lester Vermont Chalmers Jr. Susan Marie Hoffman Washington, DC Francis L. Casey Jr. James A. Hogue Sr. Tulsa, OK Kent Frizzell MONDAY, APRIL 16, 1984 519

Applicant City and State Movant

Howard K. Holme Denver, CO Robert F. Welborn Katherine Denise Howe Buchanan, VA Patricia Bowen Atkins Randall Warren Hugo Newtown, PA Robert A. Godwin James R. Jenkins Covington, LA William McM. King Robert Wilson Jones Memphis, TN John C. Hough Jr.

Elaine D. Kaplan Washington, DC Charles I. Hadden Lawrence Jeffrey Kaplan San Diego, CA Keith E. McWilliams John K. Keane Jr. Mitchellville, MD Carmen D. Legato Norman R. Kelly Salina, KS Ronald D. Barta Robert C. Ken- Boulder, CO Richard B. Collins Rand Eric Kruger Louisville, KY Alan T. Slyn Thomas W. Kurrus Gainesville, FL Larry G. Turner Arnold H. Landis Chicago, IL John Joseph Fitzgerald Joseph M. Laraia Wheaton, IL Richard D. Felice Gary J. Lavine Syracuse, NY John Benjamin Carroll Larry Raymond Lavoie Reston, VA Benjamin Greenspoon Victor B. Lebovici Boston, MA Stanley M. Schurgin John A. Leopard Atlanta, GA John Sholar Langford Jr. Jerome Nathan Lerch San Francisco, CA Patrick Michael Kelly David Lorrie Lewis New York, NY Paul O'Dwyer Harris Tsvie Lifshitz Rocky Hill, CT Martin S. Stillman Richard Curtis Litman Washington, DC Jack Y. Dinsmore Jill Nickerson MacDonald Dearborn, MI Kermit G. Bailer Stephen R. Madsen Provo, UT George H. Mortimer Carl E. Mallory Fort Worth, TX Danny Duane Bums Edward D. Manzo Chicago, IL Granger Cook Jr. 520 MONDAY, APRIL 16, 1984

Applicant City and State Movant

James Alfred Marcus Sandusky, MI H. Dale Cubitt John Paul Martin St. Paul, MN John W. Petersen Craig Robert Mayton Columbus, OH Mary Elizabeth Manton John Michael McCormack Portland, OR J. Pierre Kolisch William L. McCulley Marietta, GA Steven W. Ludwick Malcolm Leonard McCune Nashville, TN John Keith Maddin Jr. Robert B. McKay New York, NY Salvatore Anthony Ranieri William H. Mecom Santa Ana, CA Laidler Bowie Mackall Jerome H. Mooney Salt Lake City, John H. Weston UT

Sfpvpn A lVTnvptti r^vfjnQtnnVlCUlOtUllj T?TXV J. Joseph J. Rodio John K. Moroney San Diego, CA Maurice Henry DeFord Jr. J. Barry Mulhern Londonderry, NH Ferninand S. Pacione Vernon J. Neely Augusta, GA John H. Raffin Jr. Ana Matilde Nin San Juan, PR Samuel T. Cespedes Wilbert Evans Noel New Orleans, LA Charles Kohlmeyer Jr. Robert McKim Norris Jr. Birmingham, AL Arthur Jackson Hanes Jr. Martin Lloyd Norton Ann Arbor, MI David J. Sargent Rufus W. Oliver III Houston, TX Albert P. Jones Joel H. Pachino Baltimore, MD S. Leonard Rottman David Lawrence Palmer Baltimore, MD Jack Barry Rubin Laura L. Payne Denver, CO Peter D. Dickson Jose M. Pizarro-Zayas San Juan, PR Daniel F. Lopez- Romo Harry D. Polatsek Fort Lauderdale, S. David Harrison FL David Francis Power Washington, DC Baruch A. Fellner MONDAY, APRIL 16, 1984 521

Applicant City and State Movant

Thomas John Radio Minneapolis, MN Robert G. Renner Michael E. Raiden Winter Haven, Judge Charles FL Burchard Curry Charles Michael Raymond Baton Rouge, LA James H. Gill Jr. Robert Philip Remet Star City, AR Hendrix A. Taylor Jr. Wilson S. Ritchie Knoxville, TN Robert Wayne Ritchie Ronald B. Rubin Baltimore, MD James R. Miller Jr. Francis Joseph Scanlon Nashville, TN C. Hayes Cooney Ivan L. Schraeder Springfield, IL Anne L. Draznin Wayne B. Schroeder Denver, CO H. Harold Calkins Randolph E. Schum St. Louis, MO Roy William Strawn Robert D. Shapiro Miami, FL Joseph Hackney Jr. Robert Connor Sharpe Springfield, IL Greig R. Siedor Leopold Z. SHer New Orleans, LA James Forrest Hinton Jr. Lisa Short Sacramento, CA Julia Cline Newcomb Ronald B. Shwartz Boston, MA David H. Greenberg D. Robert Silber Fort Lauderdale, Edward Mark Kay FL Jack Silver Denver, CO James Barry Lapin Robert W. Smith Denver, CO James Barry Lapin Darryl Snider San Francisco, CA John E. Sparks Elizabeth Anne Spurlock Washington, DC Benjamin Greenspoon Gerald R. Statza Chicago, IL Robert Gilbert Johnston James Thomas Stein Mount Pleasant, Reynolds H. MI Campbell David E. Stern Philadelphia, PA Howard Gershman 522 MONDAY, APRIL 16, 1984

Applicant City and State Movant

David 0. Stewart Washington, DC Milton David Stewart Deborah Charlotte Strauss New York, NY Christopher Hanna Lunding Glen James Sullivan Los Angeles, CA Thomas Daniel Clarke Thomas Robert Taggart Savannah, GA James Edward McAleer Robert L. Templeton Amarillo, TX Robert E. Garner Paul Marc Tendler Washington, DC William Ramsey Clark Jonathan Nicholas New York, NY Gregory Thomas Thalasinos Prete Emil G. Trott Jr. Des Moines, IA Ward Reynoldson Thomas Adkins Turner Jr. Manhattan Beach, James Harold CA Laughlin Jr. Robert J. Udland Bismarck, ND Calvin N. Rolfson Luis Vallejo Austin, TX Linda L. Walden Peter J. Vangsnes Washington, DC William Francis Mulroney James L. Ware Galveston, TX Benjamin Rush Powel John W. Waters Jr. New Orleans, LA P. Albert Bienvenu Jr. Jerry A. Weiss New York, NY Robert J. Miller William J. Wenzel Jr. Tulsa, OK James Clay Lang Robert Arthur Weppner III Portland, OR Lee David Yates Lynn H. Whatley Atlanta, GA Robert Altman Welsh S. White Pittsburgh, PA John B. Attanasio Bradfield Fore Wright Houston, TX Thomas Reaves Conner Charles Herbert Wyatt Jr. Birmingham, AL James K. Baker Richard Samuel Yusem Raritan, NJ Richard Patrick Boehmer Jonathan Alan Zimring Atlanta, GA Robert Boyle Remar Stanley Steven Zinner Melville, NY Andrew Greene Alan Lee Zmija Seven Hills, OH Anthony Victor Leanza MONDAY, APRIL 16, 1984 523 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Paul Stuart Rutter Los Angeles, CA Chief Judge Alex Kozinski Dan C. Bowen Reno, NV Betty Southard Murphy Robert Roy Recknagel Long Beach, CA Betty Southard Murphy Judith Stevens Burk Greenville, SC Stephen W. Cannon John Stephen Caflisch Kensington, MD Baruch A. Fellner Paul Dennis Kreisinger Rutherford, NJ Henry G. Klein Joan Lipsky Cedar Rapids, IA Abbott Bennett Lipsky Jr. Jacquelyn Eileen Steinberg Fort Lauderdale, Bruce S. Rogow FL Jack Randolph Loving Fort Lauderdale, Bruce S. Rogow FL Karen Margolis Primack Silver Spring, MD Lorna G. Margolis Kenneth L. Schriber Dayton, OH Jeffrey B. Shulman Alice Ann Burns Little Rock, AR John Steven Clark Robert Leland Sills Los Angeles, CA Barry Marshall Sax

Oral Arguments

No. 83-245. Pension Benefit Guaranty Corporation, Appellant v. R. A. Gray & Company; and No. 83-291. Oregon-Washington Carpenters-Employers Pension Trust Fund, Appellant v. R. A. Gray & Company. Argued by Mr. Ba- ruch Fellner for the appellants and by Mr. Thomas M. Triplett for the appellee. No. 83-328. James Mabry, Commissioner, Arkansas Department of Correction, Petitioner v. George Johnson. Argued by Mr. John Steven Clark for the petitioner, by Mr. Jerrold J. Ganzfried for the United States as amicus curiae, by special leave of Court, and by Mr. Richard Quiggle for the respondent.

No. 83-558. Irving Independent School District, Petitioner v. Henri Tatro, et ux., Individually and as next friend of Amber Tatro, a Minor. 524 MONDAY, APRIL 16, 1984

Argued by Mr. James W. Deatherage for the petitioner and by Mr. James C. Todd for the respondents.

No. 83-490. Ralph Davis, etc., et al., Appellants v. Gregory Scott Scherer. Argued by Mr. Mitchell D. Franks for the appellants, by Mr. Richard G. Wilkins for the United States, as amicus curiae, by special leave of Court, and by Mr. Bruce S. Rogow for the appellee.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, APRIL 17, 1984 525 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Helen Bunt Smith Pasadena, CA James William Klein Robert Smith Pasadena, CA James William Klein Mary B. Hinrichs Denver, CO William G. Hundley Neil Robert Porter Jr. Orinda, CA John Wall Hanft Howard A. Kapp Los Angeles, CA Ted Marcus Handel Maurice Owens Ellsworth Hailey, ID William H. Coldiron

Opinions

No. 82-1186. Trans World Airlines, Inc., Petitioner v. Franklin Mint

Corporation, et al.; and

No. 82-1465. Franklin Mint Corporation, et al., Petitioners v. Trans World Airlines, Inc. On writs of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice O'Connor. Dissenting opinion by Justice Stevens.

No. 82-708. Summa Corporation, Petitioner v. California ex rel. State Lands Commission and City of Los Angeles. On writ of certiorari to the Supreme Court of California. Judgment reversed and case remanded to the Supreme Court of California for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehn- quist. Justice Marshall took no part in the decision of this case.

No. 82-1271. Immigration and Naturalization Service, et al., Peti- tioners v. Herman Delgado, 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 Rehnquist. 526 TUESDAY, APRIL 17, 1984

Concurring opinion by Justice Stevens. Opinion by Justice Powell concurring in the result. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall joins.

No. 82-15. Ray E. Oliver, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit; and

No. 82-1273. Maine, Petitioner v. Richard Thornton. On writ of certiorari to the Supreme Judicial Court of Maine. Judgment in No. 82-15 is affirmed. Judgment in No. 82-1273 is reversed and case remanded to the Supreme Judicial Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Powell. Opinion by Justice White concurring in part and concurring in the judgment. Dis- senting opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join.

Oral Arguments

No. 83-751. Securities and Exchange Commission, et al., Petitioners v. Jerry T. O'Brien, Inc. , et al. Argued by Mr. Kenneth S. Geller for the petitioners and by Mr. William D. Symmes for the respondents.

No. 83-5596. Joseph Robert Spaziano, Petitioner v. Florida. Argued by Mr. Craig S. Barnard for the petitioner and by Mr. Mark C. Menser for the respondent.

No. 83-297. Armco, Inc., Appellant v. David C. Hardesty, Jr., State Tax Commissioner of West Virginia. Argued by Mr. Richard R. Dailey for the appellant and by Mr. Robert Digges, Jr., for the appellee.

No. 83-372. Franchise Tax Board of California, Appellant v. United States Postal Service. Argued by Mrs. Patti S. Kitching for the appellant and by Mr. David A. Strauss for the appellee.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, APRIL 18, 1984 527 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Susan D. Thompson Los Angeles, CA Carl R. Schenker Jr. Charles J. Zabilski Los Angeles, CA Carl R. Schenker Jr. Craig Russell Johnston Santa Rosa, CA Thomas Richard Kenney Jr. John Alroy Pettis Martinez, CA Thomas Richard Kenney Jr.

Opinions

No. 82-1860. Schneider Moving & Storage Company, Petitioner v. Loran W. Robbins, et al.; and

No. 82-1862. Prosser's Moving and Storage Company, Petitioner v. Loran W. Robbins, et al. On writs of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Powell.

No. 83-96. Joanne Limbach, Tax Commissioner of Ohio, Petitioner v. The Hooven & Allison Company. On writ of certiorari to the Supreme Court of Ohio. Judgment vacated and case remanded to the Supreme Court of Ohio for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Blackmun.

No. 82-1479. Justices of Boston Municipal Court, Petitioners v. Mi- chael Lydon. On writ of certiorari to the United States Court of Ap- peals 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 White. Opinion by Justice Brennan concurring in part and concurring in the judgment with whom Justice Marshall joins. Opinion by Justice Powell concurring in part and concurring in the judgment with whom the Chief Justice joins. Opinion 528 WEDNESDAY, APRIL 18, 1984 by Justice Stevens concurring in part and concurring in the judgment. Opinion by Justice O'Connor concurring in the judgment.

No. 82-6840. Michael P. James, Petitioner v. Kentucky. On writ of certiorari to the Supreme Court of Kentucky. Judgment reversed and case remanded to the Supreme Court of Kentucky for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Dissenting statement by Justice Rehnquist. Justice Marshall took no part in the decision of this case.

No. 83-219. Gary McDonald, Petitioner v. City of West Branch, Michigan, et al. 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 Brennan.

Oral Arguments

No. 83-305. California, Petitioner v. Albert Walter Trombetta, et al. Argued by Mr. Charles R. B. Kirk for the petitioner and by Mr. John F. DeMeo for the respondents.

No. 8&-710. Harry J. Berkemer, Sheriff of Franklin County, Ohio, Petitioner v. Richard N. McCarty. Argued by Mr. Alan C. Travis for the petitioner and by Mr. R. William Meeks for the respondent. No. 83-724. Kathryn R. Roberts, Acting Commissioner, Minnesota Department of Human Rights, et al., Appellants v. United States Jay- cees. Argued by Mr. Richard L. Varco, Jr., for the appellants and by Mr. Carl D. Hall, Jr., for the appellees.

Adjourned until Monday, April 23, 1984 at 10 o'clock. x (JOURNAL) MONDAY, APRIL 23, 1984 529 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. 83-599. Capital Cities Media, Inc., etc., et al., Petitioners v. Pat- rick J. Toole, Jr. Judge, Court of Common Pleas of Luzerne County. , On petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District. Petition for writ of certiorari granted. Judgment vacated and and case remanded to the Supreme Court of Pennsylvania for such further proceedings as it may deem appropriate to clarify the record. See Philadelphia Newspapers, Inc. v. Jerome, 434 U. S. 241 (1978); California v. Krivda, 409 U. S. 33 (1972). Opinion per curiam.

No. 83-1279. Florida, Petitioner v. John Scott Meyers, etc. On petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District. Petition for writ of certiorari granted. Judgment reversed and case remanded to the District Court of Appeal of Florida for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

Appeals—Summary Disposition

No. 83-1193. Frank A. Ford, etc., et al., Appellants v. Department of Revenue of Florida, etc. , et al. Appeal from the Supreme Court of

Florida. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1434. Moses Williams and Mannie Black, Appellants v. Free- man T. Wyche. Appeal from the District Court of Appeal of Florida,

Third District. The appeal is dismissed for want of jurisdiction. Treat- ing the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. 530 MONDAY, APRIL 23, 1984

No. 8&-1454. Winfield S. Condict, et al. , Appellants v. County of San Luis Obispo. Appeal from the Court of Appeal of California, Second Ap- pellate District. The appeal is dismissed for want of jurisdiction. Treat- ing the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1456. P. D. Hanes Duggins, et ux., Appellants v. Town of Walnut Cove. Appeal from the Court of Appeals of North Carolina. The appeal is dismissed for want of a substantial federal question.

No. 83-1465. Fyke Farmer, Appellant v. Board of Professional Responsibility of the Supreme Court of Tennessee. Appeal from the Su- preme Court of Tennessee, Middle Division. The appeal is dismissed for want of a substantial federal question.

No. 83-1478. Jersey Central Power & Light Company, Appellant v. Board of Public Utilities of New Jersey. Appeal from the Superior Court of New Jersey, Appellate Division. The appeal is dismissed for want of a substantial federal question.

No. 83-6226. Sterling Barnette Spann, Appellant v. South Carolina. Appeal from the Supreme Court of South Carolina. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Jus- tice Brennan and Justice Marshall, dissenting: Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.

Orders in Pending Cases

No. . International Union of Operating Engineers, Local 675,

Petitioner v. Archie M. Odom and Steadman S. Stahl, Jr. The motion to direct the Clerk to file a petition for writ of certiorari, out- of-time, is denied.

No. . William Leighton, Petitioner v. Elliot Dubowski, etc., et al. The motion of respondent Dubowski to direct the Clerk not to file

the petition for writ of certiorari is denied. The request to impose sanc- tions is denied.

No. . Shelby County Sheriff's Department, Petitioner v. Deogracias Ruiz. The motion to direct the Clerk to file the petition for writ of certiorari that does not comply with the Rules of the Court is denied. MONDAY, APRIL 23, 1984 531

No. A-757. Elon Eric Ashby, Applicant v. Texas. The application for stay addressed to Justice Marshall and referred to the Court is denied.

No. A-812. Lyndon H. LaRouche, Jr., et al., Applicants v. North Carolina State Board of Elections, et al. The application to vacate the stay entered by the United States Court of Appeals for the Fourth Cir- cuit addressed to Justice Stevens and referred to the Court is denied. No. D-390. In the Matter of Disbarment of Edward A. Nagel. Dis- barment order entered.

No. D-399. In the Matter of Disbarment of Thomas Petigru Lesesne, III. Thomas Petigru Lesesne, III, of Charleston, South Carolina, 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 21, 1984, is hereby discharged.

No. D-419. In the Matter of Disbarment of Mitchell Lee Stevens. It is ordered that Mitchell Lee Stevens, of Lombard, Illinois, 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-420. In the Matter of Disbarment of Jerry D. Brownlow. It is ordered that Jerry D. Brownlow, of Grand Prairie, 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. 94, Original. State of South Carolina, Plaintiff v. Donald T. Regan, Secretary of the Treasury of the United States. It is ordered

that Honorable Samuel J. Roberts, of Erie, Pennsylvania, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Special Master is directed to submit such reports as he may deem appropriate. The compensation of the Special Master, the compensation paid to his technical, stenographic, clerical and legal assistants, the cost of printing his report, and all other proper expenses shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.

No. 82-1253. Herman S. Solem, Warden, and Mark V. Meierhenry, Attorney General of South Dakota, Petitioners v. John Bartlett. The 532 MONDAY, APRIL 23, 1984 application of Counties of Dewey, et al. to direct the Clerk to file a petition for rehearing submitted by amid curiae is denied.

No. 83-5907. Charles Iseley, Sr., Appellant v. Pennsylvania. The motion of appellant for leave to proceed in forma pauperis is denied. Appellant is allowed until May 14, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court. Jus- tice Brennan, Justice Marshall and Justice Stevens would dismiss the appeal. Molinaro v. New Jersey, 396 U. S. 365 (1970).

Appeal—Jurisdiction Noted

No. 83-1466. Supreme Court of New Hampshire, Appellant v. Kath- ryn A. Piper. Appeal from the United States Court of Appeals for the First Circuit. In this case probable jurisdiction is noted.

Certiorari Granted

No. 83-1378. Paul Kavanaugh, Superintendent, Blackburn Correc- tional Complex and David L. Armstrong, Attorney General of Ken- tucky, Petitioners v. Keith E. Lucey. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. No. 83-1437. Jeffrey Marek, Thomas Wadycki and Lawrence Rhode, Petitioners v. Alfred W. Chesny, Individually and as Administrator of the Estate of Steven Chesny, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

Certiorari Denied

No. 83-910. General Teamsters, Chauffeurs, Warehousemen & Help- ers Local Union No. 249, etc., Petitioner v. Pennsylvania Truck Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1080. Iowa Power & Light Company, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1117. William S. Lawson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1144. Giles Garmon, et al., Petitioners v. Michael A. Galvan. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, APRIL 23, 1984 533

No. 83-1176. Stephen H. Demarest, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1203. Ian T. Allison and Fred K. Austin, Petitioners v. Se- curities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1204. Susan Lee Cultee, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-1241. Roy E. Davis, etc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1258. Michigan Department of Mental Health, Petitioner v. David L. Rasimas. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1272. Robert Frank Lee, Petitioner v. City of Knoxville, Ten- nessee. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-1282. Matthew Shuttleworth, et ux., Petitioners v. Catholic

Family Services, et al. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.

No. 83-1285. Janice Fitzgerald, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1289. Charles Ben HoweU, Petitioner v. State Bar of Texas, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-1342. Willie F. Allen, dba Willie F. Allen Janitorial Service,

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

No. 83-1358. M. P. Doran, et al., Petitioners v. F. H. Houle and James W. Glosser. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1392. Thomas LoGiudice, Petitioner v. Georgia; and

No. 83-1403. Stephen M. Karlovich and Tammy R. Harms, Petition- ers v. Georgia. Petitions for writs of certiorari to the Court of Appeals of Georgia denied. 534 MONDAY, APRIL 23, 1984

No. 83-1439. Charles Henderson, Petitioner v. Shelly Katz and Time, Inc. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-1448. Seatrain Lines, Inc. and J & J Denholm Management,

Ltd. , Petitioners v. John Carcich, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial De- partment, denied.

No. 83-1453. Board of Review of Will County, et al., Petitioners v.

Beverly Bank, etc. , et al. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 83-1460. Betty Sander Harvey, Petitioner v. Stephen P. Carponelli, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-1469. Ben Schwartz, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 83-1474. Harris-Teeter Super Markets, Inc., Petitioner v. Paul

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

No. 83-1482. Charles A. Weil, Petitioner v. Joseph T. McClough and Ermyn Stroud. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-1514. Dodson Christopher Couch, Petitioner v. Alabama. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-1524. Antonio Cordova Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1543. Patrick J. Cunningham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1579. Tino Fiumara, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1586. Grinnell Mutual Reinsurance Company, Petitioner v. Empire Fire & Marine Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, APRIL 23, 1984 535

No. 83-5899. Albert Williams, Petitioner v. Ross Maggio, Jr., War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-6177. Guillermo Guzman and Robert Wells, Petitioners v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-6190. Norma D. Talley, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 83-6193. Ondrae Gant, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6265. Titus Edwin Aaron, Petitioner v. Michael Hanrahan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6308. Charles Curtis McPeek, Petitioner v. Leo E. Green, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-6315. Dave Allen Jamison, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6327. Elaine Martin, Petitioner v. Unemployment Compensa- tion Board of Review. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied.

No. 83-6333. Robert Melchior, Petitioner v. Arnold R. Jago, Super- intendent, London Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6341. John William Deletto, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied.

No. 83-6345. Reginald Leon Green, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6355. Emmitt E. Stevenson, Petitioner v. Mack H. Alford, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6356. Vernell Richardson, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 536 MONDAY, APRIL 23, 1984

No. 83-6360. Gene W. Gaylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6362. Raymond Rochon, Petitioner v. Robert McManus. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6363. Oscar L. Wallace, Petitioner v. Sea Land Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6364. Fernando Alberto Jackson, Petitioner v. Reginald Pul- ley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6367. Brian Rothschild, Petitioner v. City of Ft. Lauderdale. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6373. Clifton Belton, Jr. , Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 83-6374. Joseph J. Attwell, et ux., Petitioners v. Heritage Bank

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

No. 83-6375. Aaron Holsey, Petitioner v. Inmate Grievance Commis- sion. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-6386. Paul Edward Archie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6396. Nazareen Ward, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6422. Glynn T. Price, Petitioner v. Department of Fisheries, etc. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 83-6429. Bruce E. Register, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-6437. Shelly Joseph, Petitioner v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. MONDAY, APRIL 23, 1984 537

No. 83-6446. Lee Thomas Lynk, Petitioner v. Laporte Superior Court, II, et al. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 83-6471. Eunice L. Hayes, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6508. Clifford Brookins, II, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1341. Western Coal Traffic League, et al., Petitioners v.

United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari. Justice Powell took no part in the consideration or decision of this petition.

No. 83-1444. McDermott Incorporated, et al., Petitioners v. Exxon

Corporation, et al. 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. 83-1533. Phillip Wayne Tomlin, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-5995. Walter Key Williams, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6334. William Howard Putman, Petitioner v. Georgia. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6350. Timothy Wesley McCorquodale, Petitioner v. Charles Balkcom, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 83-6342. In Re Norman Roy Fenton, Petitioner. Petition for writ of mandamus is denied.

Rehearings Denied

No. 83-833. Trans-Canada Enterprises, Ltd., et al., Petitioners v.

Muckleshoot Indian Tribe, et al.; 538 MONDAY, APRIL 23, 1984

No. 83-958. Port of Tacoma, Petitioner v. Puyallup Indian Tribe;

No. 83-994. Carl J. Mollnow, Petitioner v. Paul K. Carlton, et al;

No. 83-5959. Patricia Ann Fahey, Petitioner v. Norman F. Codo, et al.; and

No. 83-6187. Edgar C. Platel, Petitioner v. Maguire, Voorhis and

Wells, et al. The petitions for rehearing are denied.

No. 83-949. William H. Stepney, Jr. , Petitioner v. Connecticut. The petition for rehearing is denied. Justice Marshall took no part in the consideration or decision of this petition.

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 arguments in the cases listed for hearing this week.

Recess Order

The Court will take a recess from Monday, April 30, 1984, until Mon- day, May 14, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Charles F. Adams Portland, OR Jere Michael Webb Mario N. Alioto San Francisco, CA Francis 0. Scarpulla Paul N. Arida New York, NY Lenore Kramer Tommy Bastian Dallas, TX Maurice Louis Held Cheryl D. Bezis Boston, MA Jerrold C. Katz Mitchell R. Bloomberg Miami, FL Irwin J. Block Merrick John Bobb Los Angeles, CA A. James Roberts III

J. Roger Bone Bradenton, FL Edward N. Fay Jr. Peter F. Boyce Norcross, GA Leighton B. Deming Jr.

Chris Christofides New York, NY . John L. Conners MONDAY, APRIL 23, 1984 539

Applicant City and State Movant

Michael V. Clegg Baton Rouge, LA Timothy M. Screen Paul S. Davidson Nashville, TN Hugh N. Scott Kit Conelly Decious New York, NY Ephraim S. London Jack M. de Cicco Garden City, NY Mark Gregory Farrell Lawrence A. Doris Montclair, NJ James P. Shannon Stephen P. Eisenberg Chicago, IL Robert Short Bailey Donald L. Ellis Tyler, TX Kenneth Ray Barron Maureen Collins Faes Detroit, MI Sharon M. Collins Woods C. Douglas Fisher Durham, NC Thomas Franklin Loflin III Richard L. Friedeman Great Bend, KS Robert J. Dole Paul David Gallego Laredo, TX Stanley Freed Timothy J. Geary Vandergrift, PA Thomas H. Ceraso Paul Francis Goodman Memphis, TN Clifford Davis Pierce Jr. James Austin Gray II New Orleans, LA' William Jennings Jefferson David Herndon Austin, TX Lloyd P. Lochridge Jr. Herbert D. Hinkle Trenton, NJ Michael Louis Perlin Clifford Stuart Hochman Boston, MA Michael A. Paris James Patrick Hurley Old Bridge, NJ William Himelman Edward A. Jaffe Honolulu, HI Julius C. Jaffe William E. Jaynes El Centro, CA James Hedrick Harmon Neil Eric Jokelson Philadelphia, PA Marilyn J. Gelb Mary M. Josefiak Denver, CO Philip Burton Green Anna Jovanovich Sacramento, CA Eric John Coffill Peter J. Kasal Hutchinson, MN Kent Gregory Harbison 540 MONDAY, APRIL 23, 1984

Applicant City and State Movant

H. Fred Kuhn Jr. Beaufort, SC James H. Moss William Kuo Hong Kong, Walter A. Slowinski Jr. Jerry B. Kurz Chicago, IL William Luciano Niro Henry Latimer Fort Lauderdale, Irwin J. Block FL Geoffrey H. Lewis Andover, MA James J. Delaney Andrew S. Lipton Cincinnati, OH Robert Edward Manley Mark Nathan Lystig Minneapolis, MN Robert F. Carolan

James I. Marcus Chicago, IL Robert B. Williams Robert William Matanky Chicago, IL Barry B. Kreisler Harold A. Mayerson New York, NY Michael David Ratner Lawrence W. McDaniel Durango, CO Frank E. Maynes Tyrone Carlton Means Montgomery, AL Solomon S. Seay Jr. David H. Meginniss Huntsville, AL Edwin Cutter Hughes Jr. Pasquale Menna Holmdel, NJ Thomas F.X. Foley Mark N. Miller Lakeland, FL Stephen C. Watson Wm. Eric Minamyer Dayton, OH John 0. Henry Christian John Mixter New York, NY Daniel F. Kolb Harry P. Ogden Knoxville, TN Robert Wayne Ritchie Norman Alan Paul Washington, DC Richard Grosgebauer F. Edwin Perry Oxford, MS John Edward Milner

Paul J. Petralia Boston, MA Howard Haskell Swartz David Keith Pinsonneault Nashua, NH Robert H. Rines Leslie Abrams Pizzi Denver, CO Barkley L. Clanahan MONDAY, APRIL 23, 1984 541

Applicant City and State Movant

John P. Reilly Detroit, MI Donald D. Cook Marvin David Rowen Los Angeles, CA Zad Leavy William H. Schneider Columbus, OH David C. Stradley James Martin Schoeppel Fairview, OK John W. McCue II Danny K. Shadid Oklahoma City, Larry Derryberry OK Lynn E. Shapiro Washington, DC William G. Kopit Burton G. Shiro Waterville, ME Ronald M. Roy Mark Stephen Sifferman Phoenix, AZ Lawrence Austin Hammond Norman Pitman Snell Jasper, AL Walter Sanderson Turner Katherine Van Wezel Stone New York, NY Victor Rabinowitz Silas Bent Taylor Charleston, WV Gregory W. Bailey Milan Drago Tesanovich Portage, IN Edwin Marger Kenneth Lamar Thomas Montgomery, AL Donald V. Watkins Edgar R. Thompson Austin, AR Joseph Harold O'Bryan

James B. Thompson St. Petersburg, Morris E. White FL Mark Waldman Los Angeles, CA Robert Mann B. Lee Ware Houston, TX Paul Edward Stallings Ellen Kabcenell Wayne Washington, DC Charles Bruce Wayne Robert Andrew Wayne Newark, NJ Donald A. Robinson Edward Clark Weber Akron, OH Max Rothal Arthur James Wright Dallas, TX James Richard Coffee Richard C. Yarmuth Seattle, WA William L. Dwyer 542 MONDAY, APRIL 23, 1984

Applicant City and State Movant

Raymond F. Zvetina San Diego, CA William Omar Bittman Admissions to the Bar on Oral Motions

Applicant City and State Movant

Patricia Ann Blackmon Cleveland, OH Judge Ann Aldrich Luther Townsend Munford Jackson, MS Rhesa Hawkins Barksdale Richard P. Lancaster St. Petersburg, Ollie Lancaster Jr. FL Opinion Per Curiam

No. 83-87. Board of Education of Paris Union School District No. 95, et al., Petitioners v. Jesse A. Vail. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed by an equally divided Court. Opinion per curiam announced by the Chief Justice. Justice Marshall took no part in the decision of this case. Oral Argument

No. 83-226. Arizona, Petitioner v. Dennis Wayne Rumsey. Argued by Mr. William J. Schafer, III, for the petitioner and by Mr. James R. Rummage for the respondent. No. 82-1330. Morris Thigpen, Commissioner, Mississippi Depart- ment of Corrections, et al., Petitioners v. Barry Joe Roberts. Argued by Mr. William S. Boyd, III, for the petitioners and by Mr. Rhesa H. Barksdale as amicus curiae in support of the judgment below by special order of the Court.

No. 83-838. United States, Petitioner v. Paul B. Lorenzetti. Argued by Ms. Carolyn Corwin for the petitioner and by Mr. Charles Sovel for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, APRIL 24, 1984 543 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admission to the Bar on Oral Motion

Applicant City and State Movant

Rosemary Nixon Fullerton, CA John Hamilton Korns, II

Opinions

No. 82-1127. Helicopteros Nacionales de Colombia, S.A., Petitioner v. Elizabeth Hall, et al. On writ of certiorari to the Supreme Court of Texas. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Brennan.

No. 81-2394. Westinghouse Electric Corporation, Appellant v. James H. Tully, Jr., et al. Appeal from the Court of Appeals of New York. Judgment reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opin- ion by Justice Blackmun.

Oral Arguments

No. 83-436. Donald Regan, Secretary of the Treasury, et al., Peti- tioners v. Ruth Wald, et al. Argued by Mr. Paul M. Bator for the petitioners and by Mr. Leonard B. Boudin for the respondents.

No. 83-458. John R. Block, Secretary of Agriculture, et al., Petition- ers v. Community Nutrition Institute, et al. Argued by Ms. Kathryn A. Oberly for the petitionners and by Mr. Ronald L. Plesser for the respondents.

No. 83-614. Securities Industry Association, Petitioner v. Board of

Governors of the Federal Reserve System, et al. Argued by Mr. James B. Weidner for the petitioner and by Mr. Carter G. Phillips for the respondents. No. 83-747. Washington Metropolitan Area Transit Authority, Peti- tioner v. Paul D. Johnson, et al. Argued by Mr. E. Barrett Pretty- 544 TUESDAY, APRIL 24, 1984 man, Jr. for the petitioner and by Mr. William F. Mulroney for the respondents.

Adjourned until tomorrowWednesday, April 25, 1984 at 10 o'clock. x (JOURNAL) WEDNESDAY, APRIL 25, 1984 545 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Aliza Karney Guren Washington, DC Richard George Stuhan Marc Douglas Guren Washington, DC Richard George Stuhan Colleen A. Falkowski Painesville, OH John Esper Shoop Stewart W. Savage Willoughby, OH Albert Linden Purola JudsonJ. Hawkins Cleveland, OH Joseph Michael Gurley

Opinions

No. 82-1150. Howard Ellis, et al., Petitioners v. Brotherhood of Rail- way, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, et al. On writ of certiorari to the United States Court of Appeals for the Ninth 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 White. Opinion by Justice Powell concurring in part and dissenting in part.

No. 82-1734. Linda Sidoti Palmore, Petitioner v. Anthony J. Sidoti. On writ of certiorari to the District Court of Appeal of Florida, Second District. Judgment reversed and case remanded to the District Court of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion by the Chief Justice.

Oral Arguments

No. 82-2140. Wilbur Hobby, Petitioner v. United States. Argued by

Mr. Daniel H. Pollitt for the petitioner and by Mr. Joshua I. Schwartz for the respondents. 546 WEDNESDAY, APRIL 25, 1984

No. 82-850. United States, Petitioner v. James Connors Karo, et al. Argued by Mr. Andrew L. Frey for the petitioner and by Mr. Charles Louis Roberts for the respondents.

No. 82-904. Ohio, Petitioner v. Kenneth M. Johnson. Argued by Mr. John E. Shoop for the petitioner and by Mr. Albert L. Purola for the respondent.

No. 83-916. United States, Petitioner v. Alan Wayne Morton. Ar- gued by Mr. Michael W. McConnell for the petitioner, pro hac vice, by special leave of Court, and by Mrs. Kaletah N. Carroll for the respondent.

Adjourned until Monday, April 30, 1984 at 10 o'clock. x (JOURNAL) MONDAY, APRIL 30, 1984 547 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-1089. Rack and Ball Club, Inc., Appellant v. Korean Presby- terian South Church of New York. Appeal from the Appellate Term, Supreme Court of New York, Second and Eleventh Judicial District. The appeal is dismissed for want of a substantial federal question. No. 83-5494. In the Interest of Edward Stephens, a Minor. Appeal from the Supreme Court of Pennsylvania, Eastern District. The appeal is dismissed for want of a substantial federal* question.

No. 83-6337. Samuel Corrado, Appellant v. Seth K. Gifford. Appeal from the Supreme Court of Rhode Island. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 83-1061. Catalytic, Inc., Petitioner v. National Labor Relations Board, 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, insofar as it pertains to Samuel Thrach, is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit with directions that the case be remanded to the National Labor Relations Board for further consideration in fight of Clear Pine Mouldings, Inc., 268 NLRB No. 173 (Feb. 22, 1984).

Orders in Pending Cases

No. . In the Matter of Admission of Daniel S. Zevin. The application for admission to the Bar presented to Justice Powell and by him referred to the Court is granted. Dissenting opinion by the Chief Jus- tice with whom Justice O'Connor joins. Justice Blackmun would deny 548 MONDAY, APRIL 30, 1984 the application for admission at this time without prejudice, however, to its renewal three years for this date.

No. A-707. Margaret M c Heckler, Secretary of Health and Human Services, Applicant v. Mario Lopez, et al. The application for stay presented to Justice Rehnquist and by him referred to the Court is denied, insofar as it relates to the claims of respondent class members whose benefits were terminated on or after December 6, 1982, or who com- pleted the administrative appeal process on or after December 6, 1982. As to all other members of the respondent class, the application for stay of judgment of the United States Court of Appeals for the Ninth Circuit is granted pending the timely filing and final disposition of a petition for writ of certiorari.

No. A-799. Martha B. Gaunce, Applicant v. National Transportation Safety Board and Federal Aviation Administration. The application for stay of mandate addressed to Justice Brennan and referred to the Court is denied.

No. D-396. In the Matter of Disbarment of Samuel McMorris. Dis- barment order entered.

No. D-406. In the Matter of Disbarment of Julian M. Goldstein. Dis- barment order entered.

No. D-413. In the Matter of Disbarment of Charles H. Goldstein. Charles H. Goldstein, of West Islip, New York, 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 19, 1984, is hereby discharged.

No. D-421. In the Matter of Disbarment of Lloyd Earl Taylor. It is ordered that Lloyd Earl Taylor, of Stapleton, Alabama, 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-422. In the Matter of Disbarment of Claude McEuen Harden, Jr.. It is ordered that Claude McEuen Harden, Jr., of Lakeland, 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-423. In the Matter of Disbarment of Robert Edward Hedicke. It is ordered that Robert Edward Hedicke, of El Paso, Texas, be suspended from the practice of law in this Court and that a rule issue, re- MONDAY, APRIL 30, 1984 549

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-424. In the Matter of Disbarment of Bobby R. Stewart. It is ordered that Bobby R. Stewart, of Houston, 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-425. In the Matter of Disbarment of William Leonard Denend. It is ordered that William Leonard Denend, of Port Orchard, Washing- ton, 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-426. In the Matter of Disbarment of Harold Stephen Peckron. It is ordered that Harold Stephen Peckron, of Houston, 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. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. 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 thereto, with supporting briefs, may be filed by the parties within 30 days. Justice Marshall took no part in the consideration or decision of this order.

No. 83-1032. Federal Election Commission, Appellant v. National

No. 83-1170. United States, Petitioner v. 50 Acres of Land, etc., et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 83-1307. United States, Petitioner v. Betty Lou Powell. The motion of respondent for leave to proceed in forma pauperis is granted.

Certiorari Granted

No. 82-5920. Kevin Micheal Shea, Petitioner v. Louisiana. Motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the Supreme Court of Louisiana is granted. 550 MONDAY, APRIL 30, 1984

No. 83-1013. Chemical Manufacturers Association, et al., Petitioners v. Natural Resources Defense Council, Inc., et al.; and No. 83-1373. United States Environmental Protection Agency, Peti- tioner v. Natural Resources Defense Council, Inc. , et al. The motion of

Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. The petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit are granted. The cases are consolidated and a total of one hour is allotted for oral argument. No. 83-1427. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Johnny Paul Witt. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit is granted.

Certiorari Denied

No. 82-976. California, Petitioner v. Roscoe Howard, Jr. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. No. 82-6957. Ronnie Dale Walton and Michael Dewayne Allen, Peti- tioners v. Tennessee. Petition for writ of certiorari to the Court of Ap- peals of Tennessee, Western Division, denied.

No. 83-1047. Franklin Jefferson, Petitioner v. John 0. Marsh, Jr.,

Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1074. A. L. Lockhart, Director, Arkansas Department of Correction, Petitioner v. James Dean Walker. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1169. Steven Mark Holloman, et al., Petitioners v. William P. Clark, Secretary of the Department of Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1186. University of Arkansas Board of Trustees, et al., Peti- tioners v. Rachel Greer and Rose Marie Word. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1235. June Oil and Gas, Inc., et al., Petitioners v. William P. Clark, Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, APRIL 30, 1984 551

No. 83-1236. Celeste C. Grynberg and Dean G. Smernoff, etc., Peti- tioners v. William P. Clark, Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1259. City of Fairmont, Petitioner v. Pitrolo Pontiac-Cadillac Company and Acme Land Company. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 83-1284. American Hospital Association, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-1312. Piper Aircraft Corporation, Petitioner v. Seven Bar Flying Service, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1357. American Distributing Company, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1446. Samuel C. McMorris, Petitioner v. State Bar of Califor- nia. Petition for writ of certiorari to the Supreme Court of California denied.

No. 83-1449. District 1199C, National Union of Hospital and Health Care Employees, Division of RWDSU, AFL^CIO, Petitioner v. Saunders House, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1464. Frances W. West, Petitioner v. National Trust Com- pany, as personal representative of the Estate of Albert C. West, etc. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 83-1473. Patrolmen's Benevolent Association of the City of New

York, Incorporated, et al., Petitioners v. Samuel DeMilia. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 83-1475. William Kiraly, Petitioner v. Clarence Clark, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1486. Radiofone, Inc., Petitioner v. Louisiana Public Service

Commission, et al. Petition for writ of certiorari. to the Supreme Court of Louisiana denied. 552 MONDAY, APRIL 30, 1984

No. 83-1489. Robert Johnson and Geraldine Johnson, Petitioners v. City of Glencoe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1491. Larry Sikes, et al., Petitioners v. Eddie Boone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1494. Ronald Kent Montesano, Petitioner v. Donrey Media Group dba Las Vegas Review Journal, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 83-1497. Marion Barrow, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

No. 83-1516. C & H Transportation Co., Inc., Petitioner v. Frontier Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1531. Donrey Communications Company, Inc., Petitioner v. City of Fayetteville, Arkansas. Petition for writ of certiorari to the Su- preme Court of Arkansas denied.

No. 83-1542. John Potts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1553. Lyman Meade Flinn, Petitioner v. Virginia, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1582. U. S. Industries, Inc., Petitioners. F. Browne Gregg. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1583. David E. Graham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1592. Stanley E. Tranowski, Petitioner v. United States Se- cret Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1601. Werner Meyer, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1609. Edward Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, APRIL 30, 1984 553

No. 83-1610. H. D. Gross and Helen Gross, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 83-1612. Paul W. Gibson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-5835. Janson Newball Steele, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6161. Ray Sales, etc., Petitioner v. R.C. Marshall, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6216. Larry Alan French, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6227. Ernest Perkins, Petitioner v. James Thompson, Gover- nor of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 83-45235. Gregory Parks, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6238. Robert J. Verner, Petitioner v. Colorado. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6313. Gary Carswell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6319. Robert Lipscomb, Petitioner v. First Independence Na- tional Bank. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6347. Mary Hayes, Petitioner v. Peachtree Plaza Hotel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6366. Johnny Bernard Miller, Petitioner v. R. C. Forester, Superintendent, Craggy. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6369. Randolph E. Neal, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. 554 MONDAY, APRIL 30, 1984

No. 83-6371. Isaac J. Moore, Petitioners. Inspector Lynch, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6380. Otis Thompson, Jr. , Petitioner v. Missouri, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6395. Nazareen Ward, Petitioner v. General Motors Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 83-6400. Michael Brothers, Petitioners. R.C. Marshall, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6401. Donald Ferrin, Petitioner v. Everett W. Jones, Super- intendent, Great Meadows Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6411. Michael Charles Jones, Petitioner v. Warren Young, Superintendent, Waupun Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6412. Ralph G. Acuff, Petitioner v. Dallas Legal Services

Foundation, Inc., et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 83-6460. Mario Hidalgo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6484. Annette Braggs, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-6485. P.V.N. Acharya, Petitioner v. Edwin Young, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6498. Norman Z. Flick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-6505. Sandra Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, APRIL 30, 1984 555

No. 83-6507. Louis Heimann, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 83-6511. Gil Berrio-Cordoba, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-6520. Rosena Poston, Bernard Poston, and Lizzie Poston,

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

No. 83-6521. Bernard I. Sommer, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6522. Diane Twyman, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6525. Darrell G. Hafen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6531. Robert McDuff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-122. Hydrokinetics, Inc., Petitioner v. Alaska Mechanical, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell would grant certiorari.

No. 83-1093. Michigan, Petitioner v. Gregory Deval Parker. 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. 83-1421. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. William Lee Thompson. 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 Elev- enth Circuit denied.

No. 83-1118. Winthrop P. Rockefeller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-1254. Richard W. Velde, et al., Petitioners v. National Black Police Association, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit de- 556 MONDAY, APRIL 30, 1984 nied. Justice Powell and Justice Stevens took no part in the consideration or decision of this petition.

No. 83-1488. Global Terminal & Container Services, Inc., Petitioner v. Colgate Palmolive Company, et al. The motion of New York Ship- ping Association, Inc. 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. 83-1551. Brown Bear, Inc., et al., Petitioners v. Kentucky. Peti- tion for writ of certiorari to the Circuit Court of Kentucky, Campbell County, denied. Justice Brennan and Justice Marshall would grant the petition for a writ of certiorari and reverse the judgments of conviction.

No. 83-6230. Theodore Harris, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 8S-6390. Terrell M. Johnson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6397. William Gibbs Hyman, Petitioner v. South Carolina. Petition for writ of certiorari to the Court of Common Pleas of Charles- ton County, South Carolina, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6456. Larry Joe Johnson, Sr. , Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 83-6404. In Re Jessie D. McDonald, Petitioner. The petition for writ of mandamus is denied.

Rehearings Denied

No. 83-1081. Rodger C. Finvold and Elise R. Finvold, Appellants v.

James M. Sambs, et al.; and

No. 83-6188. Dean F. Vereen, Petitioner v. Lanson Newsome, War- den, et al. The petitions for rehearing are denied.

No. 83-921. Commonwealth National Bank, Petitioner v. Charles E.

Ashe, et ux., et al. The motion for leave to file a petition for rehearing is denied. MONDAY, APRIL 30, 1984 557 Admissions to the Bar on Written Motions

Applicant City and State Movant

Anthony W. Agard Brooklyn, NY Esmeralda Simmons Pedro Ismael Torres San Juan, PR Jaime R. Nadal Amador Arcelay Richard A. Auerbach Tucson, AZ Roger S. Auerbach David Michael Bigeleisen San Francisco, CA Ephraim Margolin John Morgan Comolli Atlanta, GA Jerry L. Sims Thomas E. Davies Morton, IL Nathan T. Elliff David Patrick Durbin Washington, DC James F. Jordan Laura E. Eckert Olympia, WA William E. Remy Jr. John Rogers Evans Madison, WI Donald Joseph Goldsworthy

William S. Fair Jr. Grand Rapids, MI John R. Oostema

Stephen F. Fogg Herndon, VA David J. Sargent Larry Paul Frith Houston, TX Richard L. McGonigle Michael Graham Furlong Burlington, VT William Barton Gray

Mary Keohan Ganz Seabrook, NH David J. Sargent Newell John Gardner Beverly Hills, CA John Farley Reed James L. Hammer Englewood, CO Jay L. Gueck Kevin John Handly Arlington, VA James Virgil Mattingly Jr. William R. Heck Chattanooga, TN John Carlyle Littleton Stewart T. Herrick Boston, MA Joan Carol Schmidt Wayne Alfred Hersh Newport Beach, Charley Mackey CA Stoll Edward Stewart Hochman Paterson, NJ Robert B. Meyner R. Douglas Hoffman Trenton, NJ David Alan Saltman 558 MONDAY, APRIL 30, 1984

Applicant City and State Movant

Thomas K. Irvine Phoenix, AZ David C. Tierney Kenneth Ian Juster Washington, DC William Dill Rogers J. Lyndell Kirkley Fort Worth, TX Richard Everett Miles David Albert Kopech Columbus, OH Michael Edward Gurley Thomas William Kostoff Fairlawn, OH Nick V. Durbakoff Ernest G. Lawhorne Columbia, SC F. Earl Ellis Jr. Cyrus J. Lemmon San Bernardino, Paul Robert CA Walter James J. Longolucco Westerly, RI David J. Sargent Edward Joseph Lopata Severna Park, MD John T. Coyne Mario W. Mainero Jr. Santa Ana, CA Ernest A. Kessler Francis P. McDermott Milton, MA David J. Sargent Charles W. McGrady Atlanta, GA Jay D. Bennett Ralph Miles New York, NY Cary Robert Wiener William B. Miller III Atlanta, GA Dan Leyland Denison S. Roger Panunzio Alfred, ME David J. Sargent Rory Jeffrey Radding New York, NY Thomas F. Reddy Jr. John Franklin Rodgers Washington, DC Richard Hildreth Harvel Murray Rogers Jr. Nashville, TN Edward Scruggs Kelly Jr. Steven S Rosenthal San Francisco, CA James Ermal Wesner Harley Michael Sacks Northampton, MA David J. Sargent Robert Kendal Sawyer Jr. Worcester, MA David J. Sargent John William Settle Fort Smith, AR Donald Ray Langston Albert Skorupa Jr. Providence, RI Benedetto A. Cerilli Howard M. Squadron New York, NY Slade R. Metcalf Michael Warren Sweet Auburn, CA Richard L. Gilbert L. Craig Turner Indianapolis, IN Philip F. Boberschmidt MONDAY, APRIL 30, 1984 559

Applicant City and State Movant

David J. Twa Mankato, MN James C. Harten Allen Kuno VonSpiegelfeld Tampa, FL Brendan Patrick O'SuUivan Bruce W. Warren Cambridge, MA Matthew J. Ferraro Raymond E. Whiteaker Springfield, MO William H. McDonald Robert Edward Wisniewski Phoenix, AZ W. Lloyd Benner Daniel S. Zevin Atlanta, GA Howard Leonard Stopeck Opinions

No. 82-1246. Bose Corporation, Petitioner v. Consumers Union of United States, Inc. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice Stevens. Concurring statement by the Chief Justice. Dissenting opinion by Justice White. Dissenting opinion by Justice Rehnquist with whom Justice O'Connor joins.

No. 83-620. United States, Petitioner v. Larry Wayne Rodgers. 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 Rehnquist.

No. 83-371. Federal Communications Commission, et al., Petitioners v. ITT World Communications, Inc., et al. 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 Powell.

No. 82-2042. Westinghouse Electric Corporation, Petitioner v. Christine Vaughn. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The writ of certiorari is dismissed as improvidently granted. Opinion per curiam announced by the Chief Justice. Admissions to the Bar on Oral Motions

Applicant City and State Movant Mary K. Carrington Newport Beach, Kimball Ann Lane CA Mary Juanita Wood San Diego, CA Kimball Ann Lane James Clemens Wecker Redondo Beach, Duane Dennis CA Conover 560 MONDAY, APRIL 30, 1984

Applicant City and State Movant

J. Barry Epperson Tulsa, OK Robert David Evans Steven Antonelli Vineland, NJ Jay H. Greenblatt Mitchell H. Kizner Vineland, NJ Jay H. Greenblatt Jose A. LaBoy Vineland, NJ Jay H. Greenblatt Christopher H. Riley Jr. Millville, NJ Jay H. Greenblatt Arnold Robinson Millville, NJ Jay H. Greenblatt Paul Stern Vineland, NJ Jay H. Greenblatt Rocco J. Tedesco Vineland, NJ Jay H. Greenblatt Richard P. Tonetta Vineland, NJ Jay H. Greenblatt Gary D. Wodlinger Vineland, NJ Jay H. Greenblatt Steven R. Abramovitz Pittsburgh, PA Lawrence Gerald Wallace Charles H. Alpern Pittsburgh, PA Lawrence Gerald Wallace Donald E. Ambrose Pittsburgh, PA Lawrence Gerald Wallace Bruce A. Antkowiak New Kensington, Lawrence Gerald PA Wallace Cynthia Ackron Baldwin Pittsburgh, PA Lawrence Gerald Wallace Jon Albert Barkman Somerset, PA Lawrence Gerald Wallace Karen M. Baskin Pittsburgh, PA Lawrence Gerald Wallace Mary-ann Bastiaans- Pittsburgh, PA Lawrence Gerald Chamovitz Wallace Cynthia Currens Berger Pittsburgh, PA Lawrence Gerald Wallace Phillip T. Cheswick Pittsburgh, PA Lawrence Gerald Wallace Thomas W. Corbett Jr. Pittsburgh, PA Lawrence Gerald Wallace Barbara G. Cymerman Pittsburgh, PA Lawrence Gerald Wallace Arnold M. Epstein Pittsburgh, PA Lawrence Gerald Wallace Henry W. Ewalt Pittsburgh, PA Lawrence Gerald Wallace Russell C. Frazee Pittsburgh, PA Lawrence Gerald Wallace Melvin P. Gold Pittsburgh, PA Lawrence Gerald Wallace MONDAY, APRIL 30, 1984 561

Applicant City and State Movant

James G. Gordon Pittsburgh, PA Lawrence Gerald Wallace Gail Lynne Gratton Pittsburgh, PA Lawrence Gerald Wallace Carla Howell Greenfield Pittsburgh, PA Lawrence Gerald Wallace T\ • i ttt i r% ii David Wesley Greenfield Pittsburgh, PA Lawrence Gerald Wallace Linda Haddad Hogue Pittsburgh, PA Lawrence Gerald Wallace George A. Huber Pittsburgh, PA Lawrence Gerald Wallace

mi 1 "T"! TX 1 j * T Theodore F. Huckestem Jr. Pittsburgh, PA Lawrence Gerald Wallace George W. Jacoby Pittsburgh, PA Lawrence Gerald Wallace William Charles Kaczynski Pittsburgh, PA Lawrence Gerald Wallace Charles W. Kenrick Pittsburgh, PA Lawrence Gerald Wallace

TTT*11* /^<1 • j tt» x Wilham Clinton King Jr. Pittsburgh, PA Lawrence Gerald Wallace Allen T. Lane Pittsburgh, PA Lawrence Gerald Wallace TT* ill T"k T 11 Kathleen Berge Larchuk Pittsburgh, PA Lawrence Gerald Wallace Steven B. Larchuk Pittsburgh, PA Lawrence Gerald Wallace T1 1 1 T T Donald J. Lee Pittsburgh, PA Lawrence Gerald Wallace

T 1 T"k J_ • 1 T 1 John Patrick Lydon Pittsburgh, PA Lawrence Gerald Wallace 1 nomas A. McCaffrey Pittsburgh, PA Lawrence Gerald Wallace Patricia McCommon Pittsburgh, FA Lawrence Gerald Wallace

Richard I. Miller Pittsburgh, PA Lawrence Gerald Wallace Gary Milnes Pittsburgh, PA Lawrence Gerald Wallace Charles Stanley Morrow Pittsburgh, PA Lawrence Gerald Wallace 562 MONDAY, APRIL 30, 1984

Applicant L>ny ana otate Movant

Robert LeRoy Murphy Pittsburgh, PA Lawrence Gerald O 7 Wallace John F. Perry Pittsburgh, PA Lawrence Gerald Wallace Jerome John Pottmeyer III Pittsburgh, PA Lawrence Gerald Wallace William Charles Price Jr. Pittsburgh, PA Lawrence Gerald O 7 Wallace Robert V. Racunas Pittsburgh, PA Lawrence Gerald Wallace Karyn Ashley Rok Pittsburgh, PA Lawrence Gerald Wallace Linda Carol Sadler Pittsburgh, PA Lawrence Gerald O 7 Wallace Raymond N. Sanchas Carnegie, PA Lawrence Gerald Wallace Eugene F. Scanlon Jr. Pittsburgh, PA Lawrence Gerald Wallace Nancy S. Schultz OH City, PA Lawrence Gerald Wallace David Allen Scotti Pittsburgh, PA Lawrence Gerald Wallace Neil Yahr Siegel Pittsburgh, PA Lawrence Gerald Wallace James Carl Sinwell Turtle Creek, PA Lawrence Gerald Wallace Peter John Taylor Pittsburgh, PA Lawrence Gerald Wallace Richard B. Tucker III Pittsburgh, PA Lawrence Gerald Wallace Jane Anne Watkinson Pittsburgh, PA Lawrence Gerald Wallace Robert S. Whitehill Pittsburgh, PA Lawrence Gerald Wallace

Adjourned until Monday, May 14, 1984 at 10 o'clock. x (JOURNAL) WEDNESDAY, MAY 9, 1984 563 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-910. Louie L. Wainwright, Secretary, Florida Department of

Corrections, Applicant v. James Adams. The application of the State of Florida to vacate the order of the United States Court of Appeals for the Eleventh Circuit dated May 8, 1984, staying the execution of sentence of death in case No. 84-5322, presented to Justice Powell and by him referred to the Court, is granted. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Justice Blackmun and Jus- tice Stevens would deny the application to vacate the stay.

(JOURNAL) MONDAY, MAY 14, 1984 565 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Blackmun, Justice Powell, Justice Rehnquist, and Justice O'Connor. 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. 83-1202. National Labor Relations Board, Petitioner v. Interna- tional Association of Bridge, Structural & Ornamental Ironworkers, Local 480, AFL-CIO. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The petition for writ of certiorari is granted. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Dissenting statement by Justice Marshall.

No. 83-1338. Massachusetts, Petitioner v. George Upton. On petition for writ of certiorari to the Supreme Judicial Court of Massachusetts. The petition for writ of certiorari is granted. Judgment reversed and case remanded to the Supreme Judicial Court for further proceedings not inconsistent with the opinion of of this Court. Opinion per curiam. Opinion by Justice Stevens concurring in the judgment. Dissenting statement by Justice Brennan and Justice Marshall.

Appeals—Summary Disposition

No. 83-357. James Lawrence Cunningham, Appellant v. Judy Baker Inman Golden and Steven Lee Inman. Appeal from the Court of Ap- peals of Tennessee, Eastern Division. The appeal is dismissed for want of a substantial federal question. Justice White and Justice Blackmun would note probable jurisdiction and set the case for oral argument.

No. 83-1346. Poleate Baham, Jr., et al., Appellants v. Edwin Ed- wards, Governor of Louisiana, et al. Appeal from the United States District Court for the Middle District of Lousiana. The appeal is dismissed for want of jurisdiction.

No. 83-1505. City of Los Angeles, et al., Appellants v. County of Los Angeles, et al. Appeal from the Court of Appeal of California, Second Appellate District. The appeal is dismissed for want of jurisdiction. 566 MONDAY, MAY 14, 1984

Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1518. John Heilig, et al., Appellants v. Edison W. Miller. Ap- peal from the Court of Appeal of California, Fourth Appellate District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1532. Ben McFather, et al., Appellants v. Cotton States Mu- tual Insurance Company. Appeal from the Supreme Court of Georgia. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1562. Richard Joseph Burg, Appellant v. Municipal Court for the Santa Clara Judicial District of Santa Clara County and California. Appeal from the Supreme Court of California. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1552. Robert C. Bacon, et al., Appellants v. John Carlin, Gov- ernor of the State of Kansas, et al. Appeal from the United States Dis- trict Court for the District of Kansas. The judgment is affirmed. Justice Blackmun would note probable jurisdiction and set the case for oral argument.

No. 83-6417. Trudy Ann Hall, Appellant v. Hettie Taylor. Appeal from the Supreme Court of California. The appeal is dismissed for want of a substantial federal question.

Orders in Pending Cases

No. . Professional Positioners, Inc., etc., et aL, Petitioners, v. T.P. Laboratories, Inc. The motion to direct the Clerk to file a petition for writ of certiorari with an appendix that does not comply with the Rules of the Court is denied. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins. Justice O'Connor would grant the motion.

No. A-842. John H. Wilson and Donna S. Sly, Applicants v. Colo- rado. The application for stay addressed to Justice Marshall and referred to the Court is denied. No. D-398. In the Matter of Disbarment of Eugene Lee Armentrout. Disbarment order entered. No. D-400. In the Matter of Disbarment of Andrew White Pracht. Andrew White Pracht, of Eglin, Florida, having requested to resign as MONDAY, MAY 14, 1984 567 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 21, 1984, is hereby discharged. No. D-401. In the Matter of Disbarment of Robert Kyle Ballard, Jr.. Disbarment order entered. No. D-405. In the Matter of Disbarment of Peter Gettinger. Disbar- ment order entered. No. D-407. In the Matter of Disbarment of Edward L. Cates. Dis- barment order entered. No. D-408. In the Matter of Disbarment of Leonard L. Levenstein. Disbarment order entered.

No. D-428. In the Matter of Disbarment of Allan T. Quello. It is ordered that Allan T. Quello, of Hopkins, Minnesota, 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-429. In the Matter of Disbarment of Saul J. Cooper. It is ordered that Saul J. Cooper, 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-431. In the Matter of Disbarment of Norma Mims Watson. It is ordered that Norma Mims Watson, of Houston, Texas, 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. 86, Original. State of Louisiana, Plaintiff v. State of Mississippi, et al. The motion of defendant Avery B. Dille, Jr., for clarification of opinion is denied.

No. 83-1545. Western Air Lines, Inc., Petitioner v. Charles G.

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

No. 83-6323. Johnnie A. Jones, etc., Petitioner v. East Baton Rouge Parish School Board, et al. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 4, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For 568 MONDAY, MAY 14, 1984

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

No. 83-6451. Marilyn Omernick, Petitioner v. George Richards, Sr., et al. The motion of petitioner for leave to proceed in forma pauperis is

denied. Petitioner is allowed until June 4, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan and Jus- tice Marshall, dissenting: For the reasons expressed in Brown v. Her- ald, Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 83-1084. Vista Resources, Inc., et al., Petitioners v. Seagrave Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 83-1416. National Labor Relations Board, Petitioner v. Action Automotive, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Certiorari Denied

No. 83-502. Field Communications Corporation, et al. , Petitioners v. Joseph P. Braig, Judge, Court of Common Pleas of Philadelphia County. Petition for writ of certiorari to the Superior Court of Pennsyl- vania, Philadelphia Office, denied.

No. 83-619. Joseph C. Graves, Petitioner v. Lexington Herald-Lead- er Company. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 83-976. Hospital Service Association of New Orleans, Inc., Peti- tioner v. St. Bernard General Hospital, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1126. Jon Cary Maier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 83-1129. Antonio Ciammitti and Sabatino Ciammitti, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, MAY 14, 1984 569

No. 83-1162. Anthony Piccolo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1164. Richard Jack Phillips, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1216. William E. Jones, et ux., et al., Petitioners v. Prescott

A. Berry, District Director, Internal Revenue Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1219. Macon Telegraph Publishing Company, Petitioner v. Betty H. Elliott. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 83-1220. William J. Farrah, Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1231. George R. Teslovich, Petitioner v. United States; and

No. 83-1291. George A. Solomon, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1232. Howard William Murray, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 83-1237. Francisco Sanchez-Martinez, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1242. Sun Myung Moon and Takeru Kamiyama, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1298. Oil, Chemical and Atomic Workers International Union and Its Local 4-23, Petitioners v. Raymond J. Donovan, Secretary of Labor and American Petrofina Company of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1299. Karen H. Kahalewai and Leroy Kahalewai, Petitioners v. Anthony N. Rodrigues; and Karen H. Kahalewai, et al., Petitioners v. Charles Rodrigues. Petition for writ of certiorari to the Supreme Court of Hawaii denied. 570 MONDAY, MAY 14, 1984

No. 83-1302. Guillermo T. Nava, Petitioner v. Merit Systems Protec- tion Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1308. Strick Corporation, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1311. Department of Human Services, Petitioner v. Caspar W. Weinberger, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1315. Riverbend Farms, Inc., Petitioner v. Agricultural Labor Relations Board and United Farm Workers of America, AFL-CIO; and

No. 83-1332. Rivcom Corporation, Petitioner v. Agricultural Labor

Relations Board, et al. Petitions for writs of certiorari to the Supreme Court of California denied.

No. 83-1326. Jay C. Wissler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1337. Hero Lands Company, 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. 83-1339. Lance E. Eisenberg, Petitioner v. United States; and

No. 83-1340. Milton B. Dorison, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1381. Walter Feinstein, et al., Petitioners v. Nettleship Co. of

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

No. 83-1396. Alfred L. Easterday, Petitioner v. Donald W. Coyer, et

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

No. 83-1401. Donald C. Felton and Marianne V. Felton, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1405. Hiram B. Webb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, MAY 14, 1984 571

No. 83-1418. City of Little Rock, et al., Petitioners v. Johnnie Gil- bert, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1480. Geosearch, Inc., et al., Petitioners v. William P. Clark,

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

No. 83-1511. John J. Stanton, Petitioner v. District of Columbia Court of Appeals. Petition for writ of certiorari to the District of Co- lumbia Court of Appeals denied.

No. 83-1521. Morris Weiss, Petitioner v. Employer-Sheet Metal Workers Local Union No. 544, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1525. Charles F. Carroll, Jr., Petitioner v. Wilbur B. Scott, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1529. Frederica Ann Robinson, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-1541. Pearl Jean McNeil Porter, Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 83-1547. Gordon Novel, Petitioner v. Louisiana Exposition, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1548. Frank Kustina, Petitioner v. City of Seattle, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1550. Litton Systems, Inc., etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-1556. Michael Adams, Petitioner v. Providence & Worcester Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 83-1557. Pacific Intermountain Express Company, Petitioner v. Cathy Jean Johnson, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 83-1568. Arthur A. Coia, Arthur E. Coia, Albert J. Lepore and Joseph J. Vaccaro, Jr., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. 572 MONDAY, MAY 14, 1984

No. 83-1570. Wanda D. Foster and Terrance Willingham, Petitioners v. James Miller, Chairman, Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1571. William M. Radigan, Petitioner v. Supreme Court of Kentucky. Petition for writ of certiorari to the Supreme Court of Ken- tucky denied.

No. 83-1574. City of Perryton, Texas, Petitioner v. Donald W. Jacks, et ux. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-1575. John J. Ayoob, et al., Petitioners v. Patricia Morrison, Blanche Lowe, Rachel Dawkins, and George Black, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1580. Casper Citron, et al., Petitioners v. Fiona Graham Cit- ron. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 83-1585. Wolters Village, Ltd., Petitioners. Village Properties, Ltd. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 83-1588. Virginia Cramer, Petitioner v. State Bar of Michigan, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-1595. Armando Valeriano, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 83-1603. Donald Otis Burnworth, Petitioner v. Eula Del Burnworth. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

No. 83-1639. Robert LaFontaine, Petitioner v. Chesapeake and Ohio Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1641. Vernon Lee Mullen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1644. Robert Carroll Morris, IV, Petitioner v. Attorney Grievance Commission of Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 83-1665. Phyllis F. Borrell, Petitioner v. United States Informa- tion Agency. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY, MAY 14, 1984 573

No. 83-1694. Jimmie Harold Primrose, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1701. William T. Boston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-5869. Randall Lewis Crowder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6005. Harlan K. Kindem, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 83-6024. Flora Santana, et al., Petitioners v. Jenaro Collazo

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

No. 83-6057. Thomas R. Mock, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6066. Freddie L. Glover, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-6130. Jerry Carlo Moreno, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6142. David Huffman, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6169. Clarence E. Ferguson, Petitioner v. D.J. McCarthy, Superintendent, California Men's Colony. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6181. Adolphus Hill, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6218. Murrell Toby Hockenbury, III, Petitioner v. Steven Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6233. Dennis Ronald Sheehan, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. 574 MONDAY, MAY 14, 1984

No. 83-6288. Arlice Lee Perkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6348. Abdul M. Shah, Petitioner v. T.D, Hutto, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6377. Henry Andrews, Petitioner v. William D. Leeke, Com- missioner, 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. 83-6420. Ellis Richard Douglas, Jr., Petitioner v. Charles S.

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

No. 83-6423. Chris Jameson, Petitioner v. Louie L. Wainwright, Sec- retary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6428. Albert Scarselli, Petitioner v. New York Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6431. Raymond J. Rogers, Petitioner v. Louie Wainwright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6432. Keith Austin Smith, Petitioner r. Donald E. Bordenkircher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6433. David Wilkins, Petitioner v. Howard N. Lyles, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-6434. Ralph H. Silver, Petitioner v. Mohasco Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6441. Squire Logan, III, Petitioner v. Clerk, Sedgwick County Circuit Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6442. Vertis James Johnson, Petitioner v. Consolidated Freightways, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, MAY 14, 1984 575

No. 83-6444. Charles Jones, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6448. Douglas Holman, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-6450. Steven Lawrence Schmidt, Petitioner v. California. Pe- tition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

No. 83-6461. Robert Caston, Petitioner v. Ross Maggio, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6462. Johnny Lee Wilson, Petitioner v. Ernest E. Morris,

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

No. 83-6464. Sam Maldonado, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6465. Keith Mason Knight, Petitioner v. Charles H. Zimmerman, Superintendent, State Correctional Institution at Hun- tingdon. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 83-6472. Ike Shaw, Jr., Petitioner v. Richard Neece, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6477. Leonard 0. Diaz, Jr., Petitioner v. T.C. Martin, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6478. Huey Leroy Fullard, Petitioner v. Florida. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6489. Joseph Blair, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 83-6491. Robert Clinton, Petitioner v. Lt. Roble, Correctional Officer, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6495. Robert Petty, Petitioner v. Al Parke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 576 MONDAY, MAY 14, 1984

No. 83-6499. Herman Thomas Woods, Jr., Petitioner v. Pennsylva- nia. Petition for writ of certiorari to the Superior Court of Pennsylva- nia, Philadelphia Office, denied.

No. 83-6517. Anthony Puchalski, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 83-6530. Erie C. Bonner, Petitioner v. Philadelphia Interna- tional Records, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6534. Algarine Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6553. Wayne Martin Casteel, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6563. James W. McDonald, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6566. Jose Robert Gomez-Soto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6579. Elmer Wayne Crisco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6582. Lawrence Floyd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6588. David Roman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 82-859. R. C. Marshall, Superintendent, Southern Ohio Correc- tional Facility, Petitioner v. Jimmy Lee Clark. 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. 83-1519. Florida, Petitioner v. Raymond Lee Drake. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 83-1187. International Union, United Automobile, Aerospace & Agricultural Implement Workers, etc., Petitioner v. ITT Lighting Fix- MONDAY, MAY 14, 1984 577 tures, Inc., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan joins.

No. 83-1290. Mobil Oil Corporation, Petitioner v. United States Environmental Protection Agency and Valdus Adamkus, Regional Ad- ministrator, Region V, United States Environmental Protection Agency. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-6321. Linda Jean King, etc., Petitioner v. Williams Indus- tries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 83-1297. United States, Petitioner v. Karl L. Dahlstrom, et al. The motion of respondent Gaze Durst for leave to proceed in forma pauperis is granted. The motion of respondent Hiram E. Conley 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. Justice Brennan would grant certiorari.

No. 83-1544. Muriel Siebert, etc., et al., Petitioners v. Conservative

Party of New York State, et al. The motion of Center for Responsive Politics 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. 83-1561. Commissioner of Internal Revenue, Petitioner v. Es- tate of Ada E. Van Home, Deceased, Robert L. Farmer and Richard R. Cole, Executors. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice White would grant certiorari.

No. 83-1567. Danny Clark Cross, Petitioner v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 83-5785. Hernando Williams, Petitioner v. Illinois. The petition for a writ of certiorari to the Supreme Court of of Illinois is denied. Dis- senting opinion by Justice Marshall with whom Justice Brennan joins in this case and in Nos. 83-5966 and 83-6199, post

No. 83-5808. Henry Martinez Porter, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. The pe- 578 MONDAY, MAY 14, 1984

tition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-5966. Wendell Byron Dixon, Petitioner v. Illinois. The petition for a writ of certiorari to the Appellate Court of Illinois, First Dis- trict, is denied. Dissenting opinion by Justice Marshall with whom Jus- tice Brennan joins in this case, in No. 83-5785, ante, and in No. 83-6199, post.

No. 83-6080. Ricky Ray Rector, Petitioner v. Arkansas. The petition for a writ of certiorari to the Supreme Court of Arkansas is denied. Dis- senting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6173. Roland Paul Hamilton, Petitioner v. Walter D. Zant, Superintendent, Georgia Diagnostic and Classification Center. The petition for a writ of certiorari to the Supreme Court of Georgia is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6199. Lonnie Yates, Petitioner v. Illinois. The petition for a writ of certiorari to the Supreme Court of Illinois is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins in this case and in Nos. 83-5785 and 83-5966, ante.

No. 83-6346. Richard Danny Tichnell, Petitioner v. Maryland; and James Arthur Calhoun, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6430. James Dupree Henry, Petitioner v. Louie L. Wain- wright, Secretary, Florida Deparment of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6459. Johnny Luke, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6527. Frederick Kirkpatrick, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6568. Thomas Henry Battle, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-6583. Charles Kenneth Foster, Petitioner v. Charles G.

Strickland, Jr., Warden, et al. Petition for writ of certiorari to the MONDAY, MAY 14, 1984 579

United States Court of Appeals for the Eleventh Circuit denied. Dis- senting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 83-6436. In Re Steve Tepp, Petitioner; No. 83-6509. In Re Geneva H. Sayles, Petitioner; and No. 83-6535. In Re James Andrew Johnson, Petitioner. Petitions for writs of mandamus are denied.

Rehearings Denied

No. 82-1256. Dennis Lynch, etc., et al., Petitioners v. Daniel Don- nelly, et al.;

No. 82-5857. Jimmy Aponte, Petitioner v. United States;

No. 83-888. Felix S. Jacob, Petitioner v. United States;

No. 83-956. Fred S. Berryman, Petitioner v. United States;

No. 83-1120. John J. Scarselletti, Petitioner v. Aetna Casualty & Surety Company; No. 83-1160. Hinson McAuliffe, Individually; James L. Webb, as So-

licitor General for the County of Fulton, Georgia, Petitioners v. Pent- house International Ltd.;

No. 83-1419. Ozzie Lee Avery, Jr. , Petitioner v. United States;

No. 83-5736. Moses Scott, Petitioner v. United States;

No. 83-5998. Casimir Mally, Petitioner v. New York University, et

al.;

No. 83-6121. In Re Michael S. Nelson, Petitioner;

No. 83-6228. Glenn Roche, Petitioner v. Ross Maggio, Jr., Warden;

No. 83-6311. Alberta R. Aponte, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services;

No. 83-6331. Benny Grant Minor, Petitioner v. Veterans Administra- tion, et al.; and

No. 83-6372. Joseph W. Di Silvestro, Petitioner v. United States. The petitions for rehearing are denied.

No. 82-914. Monsanto Company, Petitioner v. Spray-Rite Service Corporation. The petition for rehearing is denied. Justice White took no part in the consideration or decision of this petition.

No. 83-851. South Street Seaport Museum, etc., Petitioner v. Craig McCarthy, et al. The petition for rehearing is denied. Justice Marshall took no part in the consideration or decision of this petition. 580 MONDAY, MAY 14. 1984

No. 83-1200. National Association of Recycling Industries. Inc., et al., Petitioners v. American Mail Line, Ltd., et al. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

Recess Order

The Court will take a recess from Tuesday, May 15. 1984, until Mon- day, May 21, 1984.

Admissions to the Bar on Written Motions

Applicant L-ity ana stoic Movant

Jo Angela Abies Ada, OK Carl Bert Albert Mark A. Adams Columbus, OH Richard M. Huhn Ben M. Allen Albuquerque. NM William Robert Lasater Jr. Bradford Anderson New York, NY Joseph T. McLaughlin Thomas N. Arnett Jr. Salt Lake City, Judge Joel Dennis UT Frederick Robert Lewis Bachman Irvine, CA Richard C. White Patrick H. Baker Corpus Christi, John Everett TX Seddelmeyer Walter Michael Bank ban Francisco, CA Steven Englander Albert Joseph Bannon rortiana, urc Judge John F. Kilkenny Eric V. Benham San Diego, CA Robert Graham Sullivan Barry Milton Bennett Haddonfield, NJ Robert F. O'Brien Lisa Bennett Miami, FL Joe Norman Unger Robert R. Berluti Boston, MA Malcolm D. Finks Lewis Stephen Bernstein St. Paul, MN Clark Franklin Isaacs Sanford L. Beshear Jr. Rison, AR Michael Greenwood Thompson Edward E. Boshears Brunswick, GA Randall M. Clark Jeffrey B. Bove Wilmington, DE Rudolf Edward Hutz MONDAY, MAY 14, 1984 581

Applicant City and State Movant

Daniel Wesley Brandt Portland, OR Gary Roberts Frederick Christian Brown Minneapolis, MN David F. Jr. Durenberger Russell Loren Caplan Washington, DC Solicitor General Rex E. Lee Carroll Kent Casteel Jr. Jefferson City, Christopher MO Samuel Bond David A. Cheek Oklahoma City, Tom A. OK Friedmann Carlton Joseph Cheramie Cut Off, LA Terrence J. Lestelle Donald J. Chrisholm Burley, ID William Alfred Parsons John Kenneth Connor Singapore Walter A. Slowinski Jr. Joseph Adams Cope Boulder, CO Robert C. Kerr George D. Davis Oklahoma City, Tom A. OK Friedmann Peter G. DeGelleke Carlisle, MA William P. Homans Jr. Scott W. Draughon Tulsa, OK E. John Eagleton Joe Garrard Dykes Jr. DeLand, FL Thorwald John Husfeld Frederick John Engbarth Sebastopol, CA Alfred J. Sehweppe Gilberto Eduardo Espinoza Antonito, CO Brooke Wunnicke William Estrella Lopez San Juan, PR Francisco Castro deVictoria Amy Wayne Faris St. Paul, MN Thomas Patrick Kane

Theodore J. Fischkin Morganville, NJ Grant S. Lewis Bruce Conrad Fishelman Jersey City, NJ Raymond A. Brown Diane Fisher Albuquerque, NM Nancy Hollander Barney Roland Freasier Jr. Richmond, VA Allan McAlpin Heyward Jr. John Edward Freund III Allentown, PA William Henry Piatt 582 MONDAY, MAY 14, 1984

Applicant City and State Movant

Thomas Robert Frizzell Waterbury, CT Peter Lucian Constantino John Basil Gantt Washington, DC B. Jenkins Middleton Fred Gatti Jr. San Diego, CA Floyd Clarence Stilley T\ 11 rp"V Tl °J TT J Carl Allen Generes Dallas, TX David Howard Rosenberg Edward L. Gerstein Providence, RI Barbara Hurst George R. Gilmore loms Kiver, jnj Frank A. Louis Jannet J. Greenberg Arlington, ia Donald C. Adams William Martin Greene L

TT! ^ ^4 T\ A «~ ,,4-4- Lewis K. xiagood Knoxville, 1JN r oster JJ. Amett TT' „ J „1 ^ TT /~1 „ ITT Corinne J . Mailett Hinsdale, 1L George W. Unverzagt t *n „ IT TT Wiliiam J . Hayes Janesville, Wl Samuel B. Loizzo John C. Heavey Newark, NJ I nomas L. Morrissey Georgette Renata Herget Santa Momca, CA PeterT"k j JosephT 1 Sullivan

A It-— Tilt DI^U/N John Fraser Himes 1 ampa, r L Allen M. Blake

T "I TT TT* T John H. Hmes Jr. Smithneld, RI William F. McMahonair n it l

T\ 1 i T 1 T7" i Robert Joseph Cmcmnati, OH T>Ralph1 B.T*» Kohnen T Hollmgsworth Jr.

T 1 T~v * 1 TT T 1 * A John David Hooper Austm, TX Leslie Anne BemtezT> 'i. Suzanne Kennedy Horrigan Cleveland, OH Arthur Ngiraklsong Francis Martin Howard Chicago, IL Richard Frank Pellegrino Billy D. Hullum Wills Point, TX John Harbell Hagler Bradford B. Ingram Peoria, IL Timothy L. Bertschy

Lawrence S. Jackier Southfield, MI Sherwin M. Birnkrant MONDAY, MAY 14, 1984 583

Applicant City and State Movant

John Michael Jacob Huntington Samuel B. Taylor Beach, CA Jr. Gerald Lee Johnson Abilene, TX William Gaston Welborn Jr. Margaret M. Joyce Johnson Helena, MT Michael T. Greely Richard G. Johnson Jr. Mesa, AZ Mark Wilmer Martha Elizabeth Johnston Greensboro, NC Norman B. Smith Beth L. Kaufman New York, NY Michael Edward Schoeman Colin Kelly Kaufman San Antonio, TX Terence A. Willis Michael Gene Kendrick Birmingham, AL Charles William Gorham Timothy James Kielty Omaha, NB Roman L. Hruska William G. Kozub Doylestown, PA Steven Paul Burkett Eli B. Kuhnreich Vineland, NJ Jay H. Greenblatt Anthony Michael Laizure Tulsa, OK Gene Stipe James R. Learned Cheyenne, WY Stanley K. Hathaway Roger Jorge Leo Portland, OR Alex L. Parks Paul Eliot Levy Indianapolis, IN David Paul Freund Gary Stephen Lewis Los Angeles, CA Jerome Bernard Rosenthal Charles Stephan Lima Honolulu, HI Earle Arthur Partington James Eric Lindell Minneapolis, MN Gary Stoneking Roger D. Ling Rupert, ID Phillip M. Barber James H. Logan Pittsburgh, PA Joseph Manion Ludwig R. L. Lucas Addison, IL Robert Van Epps Palmer V. Mabry Jr. Pendleton, OR Charles O'Connell Marilyn Una MacNiven- Irvine, CA P. Joseph Trimble Young David Phillip Madden Tulsa, OK Jack Yelton Goree J. Thomas McCarthy San Francisco, CA Dirks B. Foster Willie Edward McGlory Detroit, MI Jill Nickerson MacDonald 584 MONDAY, MAY 14, 1984

Applicant City and State Movant

Richard W. Meyer Austin, TX Thomas Wilson Bullington Barbara J. Neill Miller Boise, ID William F. Ringert Jerome A. Miranowski St. Paul, MN Thomas Patrick Kane Paul Robert Moran Cincinnati, OH Ralph B. Kohnen Jr. PaulJ. Murphy Everett, MA Edmond F. McKeown Jr. John D. Musick Jr. Boulder, CO Robert C. Kerr J. R. Nash Little Rock, AR Marion Steele Hays Karen S. Nash New Haven, CT Charles G. Albom Victor Hugo Negron Jr. San Antonio, TX James Hildred Pearl II Martin Caples Nielsen Alexandria, VA Floyd Clarence Stilley Steven L. Nordquist Rockford, IL Donald Laurence Shriver Stuart B. Nordquist Rockford, IL Donald Laurence Shriver Maurice P. O'Brien Binghamton, NY Frank C. Shaw J. Lincoln Passmore Dover, MA David J. Sargent David Joseph Pels Alexandria, VA Robert C. Erickson Jr. Richard J. Piepszak Trenton, NJ David Alan Saltman Nancy Grey Postero Tucson, AZ Peter Byrne Keller Scott McKinney Powers Newport, KY David Rand Steele Jim T. Priest Oklahoma City, Tom A. OK Friedmann Michael Leigh Reagan Santa Ana, CA Keith C. Monroe Janet Kay Reese Charlottesville, Dennis Scott VA Rooker Gustin Lewis Reichbach New York, NY Victor Rabinowitz Charles James Reilly Barrington, RI Harold Conrad Arcaro Jr. MONDAY, MAY 14, 1984 585

Applicant City and State Movant

Lola Sullivan Reynolds New York, NY William Hughes Mulligan Timothy Gerard Reynolds New York, NY William Hughes Mulligan Ralph Wells Robinson III San Francisco, CA Jerome Nathan Lerch James Edwin Rodgers Washington, DC Richard Hildreth Yona Rozen Dallas, TX James Lowery Hicks Jr. Donald M. Saunders Raleigh, NC Gregory Coleman Malhoit Richard H. Schnadig Chicago, IL Theophil Carl Kammholz George McCall Secrest Jr. Houston, TX Roland Edmund Dahlin II Arthur L. Smith Idaho Falls, ID John M. Ohman Jerry Lynn Smith Nashville, TN Robert A. Grunow John G. Sprankling San Francisco, CA Harry Daniel Miller Daniel Thomas Stacey Columbia, SC Elizabeth Caughman Fullwood Thomas L. Stewart Birmingham, AL Charles William Gorham John A. Stewart Jr. New Orleans, LA John I. Hulse IV Irwin P. Stotzky Miami, FL Christopher Keith Hall Glenn Summers Washington, DC Carl Larsen Taylor Eliot P. Tucker Houston, TX Michael H. Gottesman Ronald Lynn Walker Oklahoma City, Tom A. OK Friedmann Reginald Leander Watkins Raleigh, NC William W. Melvin David R. Weiner San Antonio, TX Pat Priest John Fredrick Weitkamp Granada Hills, CA Matthew S. Rae Jr. Donald Raymond Wharton Window Rock, AZ Lawrence A. Aschenbrenner 586 MONDAY, MAY 14, 1984

Applicant City and State Movant

Thomas E. Wilson Washington, DC S. Steven Karalekas Harrison Richard Winters Oak Brook, IL Alan Richard Post Sarah R. Wunsch New York, NY Rhonda Copelon

Opinions

No. 82-1554. Charles E. Strickland, Superintendent, Florida State Prison, et al., Petitioners v. David Leroy Washington. On writ of certiorari to the United States Court of Appeals for the Eleventh 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 O'Connor. Opinion by Justice Brennan concurring in part and dissenting in part. Dissenting opinion by Justice Marshall. No. 82-1772. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner v. Freeman H. Ringer, 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 Jus- tice Rehnquist. Opinion by Justice Stevens concurring in the judgment in part and dissenting in part with whom Justice Brennan and Justice Marshall join.

No. 82-1474. Charles R. Hoover, et al., Petitioners v. Edward Ronwin. 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 Powell. Dissenting opinion by Justice Ste- vens with whom Justice White and Justice Blackmun join. Justice Rehnquist took no part in the decision of this case. Justice O'Connor took no part in the consideration or decision of this case. No. 82-1432. Gladys Pulliam, Magistrate for the County of Culpeper, Virginia, Petitioner v. Richmond R. Allen and Jesse W. Nicholson. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment of the Court of Appeals allowing the award of attorney's fees against petitioner is affirmed. Opinion by Justice Blackmun. Dissenting opinion by Justice Powell with whom the Chief Justice, Jus- tice Rehnquist, and Justice O'Connor join.

No. 82-660. United States, Petitioner v. Harrison P. Cronic. On writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit. Judgment reversed and case remanded to the Court of Appeals for MONDAY, MAY 14, 1984 587 further proceedings in conformity with the opinion of this Court. Opin- ion by Justice Stevens announced by the Chief Justice. Justice Marshall concurs in the judgment.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Eugene Maurice Kadish Tempe, AZ Solicitor General Rex E. Lee Gary Alan Goldberg Troy, MI Solicitor General Rex E. Lee Mary Brady Trancredi Salt Lake City, Nicola S. Tancredi UT Joseph T. Schlosser Seattle, WA Nicola S. Tancredi Patricia Aileen Mahoney Washington, DC Richard Hildreth Nancy Elizabeth Grandine Lyme, NH William J. Madden Jr. Fred C. Rathert Williston, ND Frank F. Jestrab Brelend Charles Gowan Sacramento, CA Donald L. I vers David Richard Taggart Shreveport, LA John Kemp Maser III Joseph John Ganz Seattle, WA Steven Ronald Ross David E. Gilman Indianapolis, IN Kevin O'Brien Faley

San J.I?Vsinf»ic:pnI C*,\ David Lee Case OctH dllLloCU , V^xTl itxcu jx vjtx cgux y Farrell John Edward Ford Newport Beach, Mark Gregory CA Farrell Robert Andrew Ford San Francisco, CA Mark Gregory Farrell Burk M. Wiedner Los Angeles, CA Mark Gregory Farrell Thomas J. DeMarino Denver, CO Mark Gregory Farrell Richard E. Marrs Simsbury, CT Mark Gregory Farrell James Robert Murphy New Britain, CT Mark Gregory Farrell 588 MONDAY, MAY 14, 1984

Applicant City and State Movant

Geoffrey Naab Manchester, CT Mark Gregory Farrell James M. Henderson Fort Lauderdale, Mark Gregory FL Farrell James 0. Nelson Miami, FL Mark Gregory Farrell James Forrest Robinson Fort Lauderdale, Mark Gregory FL Farrell Thomas J. Flynn Chicago, IL Mark Gregory Farrell Michael A. Tyrrell Chicago, IL Mark Gregory Farrell Grayson H. Brown Baton Rouge, LA Mark Gregory Farrell James J. Morse New Orleans, LA Mark Gregory Farrell Edward D. Guinan Springfield, MA Mark Gregory Farrell John P. Linehan Boston, MA Mark Gregory Farrell Neil A. Martin Worcester, MA Mark Gregory Farrell Catherine A. Gofrank Southfield, MI Mark Gregory Farrell Alex B. Leibel Minneapolis, MN Mark Gregory Farrell Richard A. DeMichele Voorhees, NJ Mark Gregory Farrell Peter J. Farabaugh Nutley, NJ Mark Gregory Farrell Robert William Frieland West Orange, NJ Mark Gregory

F. Michael Giles West Orange, NJ Mark Gregory £ all ell John C. Alletto Rochester, NY Mark Gregory Farrell Albert T. Gervais Huntington, NY Mark Gregory Farrell Bert F. Halderman Syracuse, NY Mark Gregory Farrell MONDAY, MAY 14, 1984 589

Applicant City and State Movant

James M. McLaughlin Jr. New York, NY Mark Gregory Farrell Hubert D. Miles Albany, NY Mark Gregory Farrell Samuel F. Simone White Plains, NY Mark Gregory Farrell Frank Soldat Cleveland, OH Mark Gregory Farrell John F. Dougherty Jr. Philadelphia, PA Mark Gregory Farrell Thomas Michael Wochok Philadelphia, PA Mark Gregory Farrell Hugh L. Moore Jr. Providence, RI Mark Gregory Farrell Amis Joe Riddles Dallas, TX Mark Gregory Farrell Alan Aaron Abramowitz Baltimore, MD Stephen H. Sachs Reginald Stewart Barroll Chestertown, MD Stephen H. Sachs Malcohlm Joseph Bond Baltimore, MD Stephen H. Sachs James Fitzgerald Brewer II Westminster, MD Stephen H. Sachs Sandra Jackson Cohen Annapolis, MD Stephen H. Sachs Keith S. Franz Baltimore, MD Stephen H. Sachs Richard Jurgen Gunkel Towson, MD Stephen H. Sachs Paul Allan Hackner Upper Marlboro, Stephen H. Sachs MD Jeffrey Warren Harab Rockville, MD Stephen H. Sachs Alfred Nance Baltimore, MD Stephen H. Sachs Norman Earl Parker Jr. Baltimore, MD Stephen H. Sachs John Frederick Price Chestertown, MD Stephen H. Sachs James L. Prichard Baltimore City, Stephen H. Sachs MD Darle Mervyn Short Rockville, MD Stephen H. Sachs David Wayne Young Baltimore, MD Stephen H. Sachs Edgar N. Fox III Westfield, NJ Barbara Dale Underwood Laura W. Green Brooklyn, NY Barbara Dale Underwood Theodore Daly Heyck New York, NY Barbara Dale Underwood 590 JV1UIN JJA I , Mill 14, iy?>4

Applicant City and State Movant

Stenhanie Lvnn Morse Brooklyn NY Barbara Dale Underwood

XAndrewXllvil V/ VT RXv# PlumDX. 1U111L/ NewX 1 V TT YorkX V/X 1**, XNY1 X X-JBarbaraCXX JL/CXX C4r DaleX-/ CAIV^ Underwood

MarcITXCil V S • SchindelheimkJvlllllVlvlllVllli BrooklynX-/-L vlUJ lit NYX 1 X X-**BarbaraCXI. KJ cxx CX DaleX-/ C«1v Underwood

11 1CX V CI X-S-L J. 1 X ^ Barbara Dale ill lvllt BrooklynVvlHJ' s NYX Underwood

JJCUX"RairvV J. • WpissT T ClOO BrooklynXJX. \J\J x\JL.y XX.J NYxi JL •Ucu ucu a i/oic Underwood

Joel R. Weiss Roslyn Heights, BarbaraX-' tXJ. CXX tX DaleJ-/WAV NY Underwood Karen M. Wigle Roslyn Heights, Barbara Dale NY Underwood John Frank DeChiaro Yonkers, NY Mario Biaggi Arthur J. Doran Jr. Yonkers, NY Mario Biaggi

Robert I. Eber Yonkers, NY Mario Biaggi John P. Farrauto Yonkers, NY Mario Biaggi Barry Stewart Kaiser New York, NY Mario Biaggi Joseph Ross LoCascio Jr. Hastings on Mario Biaggi Hudson, NY Bruce Edward Tolbert Yonkers, NY Mario Biaggi

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, MAY 15, 1984 591 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Powell, and Justice Rehnquist.

Opinions

No. 82-2056. Escondido Mutual Water Company, et al., Petitioners v. La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians, et al. On writ of certiorari to the United States Court of Ap- peals for the Ninth 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 White.

No. 82-5466. Edward G. Welsh, Petitioner v. Wisconsin. On writ of certiorari to the Supreme Court of Wisconsin. Judgment vacated and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Brennan. Con- curring opinion by Justice Blackmun. Dissenting opinion by Justice White with whom Justice Rehnquist joins. Dissenting statement by the Chief Justice. No. 82-975. Members of the City Council of the City of Los Angeles,

et al. Appellants v. Taxpayers for Vincent, etc. , et al. Appeal from 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 Stevens announced by Justice Brennan. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join.

Adjourned until Monday, May 21, 1984 at 10 o'clock. x

(JOURNAL) MONDAY, MAY 21, 1984 593 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, Justice White, Justice Marshall, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. Justice Brennan said: "Today's orders of the Court have been certified by me, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-592. Lori L. Ostrosky, Julianne Ostrosky and Harold C. Os- trosky, Appellants v. Alaska. Appeal from the Supreme Court of Alaska. The appeal is dismissed for want of a substantial federal question. Justice Blackmun and Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 83-1356. Henning Reimer, Appellant v. California; and

No. 83-6156. Robert Carlton Enright, Appellant v. California. Ap- peals from the Court of Appeal of California, Second Appellate District. The appeals are dismissed for want of jurisdiction. Treating the papers whereon the appeals were taken as petitions for writs of certiorari, certiorari is denied.

No. 83-6494. Thomas M. Rettig, Appellant v. Kent City School Dis-

trict, et al. Appeal from the United States Court of Appeals for the Sixth Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 81-1636. Florida, Petitioner v. Frank J. Brady, et al. On writ of certiorari to the Supreme Court of Florida. The motion of California Farm Bureau Federation, et al. for leave to file a brief as amid curiae is granted. The writ of certiorari as to respondent Brady is dismissed it appearing that the Circuit Court of Florida, Martin County, has accepted the State's nolle prosequi. The judgment as to the remaining respondents is vacated and the case is remanded to the Supreme Court of

Florida for further consideration in light of Oliver v. United States, 466 U. S. (1984).

No. 82-508. United States, Petitioner v. Ronald Dale Dunn. 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 judg- 594 MONDAY, MAY 21, 1984 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 Oliver u United States, 466 U. S. (1984).

Orders in Pending Cases

No. . Richard A. Lauchli, Petitioner v. United States. The motion to direct the Clerk to file a petition for writ of certiorari that does not comply with the Rules of the Court is denied. Justice Blackmun and Justice Stevens would grant the motion.

No. . Menominee Tribe of Indians, etal., Petitioners v. United States. The motion to waive the requirement that the trial court opinions be printed as an appendix to the petition for writ of certiorari is denied. Justice Blackmun, Justice Stevens and Justice O'Connor would grant the motion.

No. A- 852. S. J. Vandross, Applicant v. Palmetto State Savings & Loan Association. The application for stay and reinstatement of prior order addressed to Justice Marshall and referred to the Court is denied. No. D-395. In the Matter of Disbarment of Stanley Charles Shapiro. Disbarment order entered.

No. D-403. In the Matter of Disbarment of Patrick J. Cunningham. Disbarment order entered. No. D-414. In the Matter of Disbarment of Malcolm L. Block. Dis- barment order entered. No. D-427. In the Matter of Disbarment of Jesse Benjamin Stoner. It is ordered that Jesse Benjamin Stoner, of Marietta, 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-430. In the Matter of Disbarment of Robert Charles Levinson. It is ordered that Robert Charles Levinson, of Indianapolis, 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-432. In the Matter of Disbarment of Anthony J. Graffagnino, Jr.. It is ordered that Anthony J. Graffagnino, Jr., of Metairie, Louisi- ana, 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-433. In the Matter of Disbarment of Allen E. Gramza. It is ordered that Allen E. Gramza, of Racine, Wisconsin, be suspended MONDAY, MAY 21, 1984 595 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. 83-56. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Community Health Services of Crawford County, Inc., et al. The motion of respondents for leave to file a supplemental brief after argument is granted.

No. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H. Thurston, et al.; and

No. 83-1325. Air Line Pilots Association, International, Petitioner v. Harold H. Thurston, et al. The motion of United Air Lines, Inc. for leave to file a brief as amicus curiae is granted.

No. 83-1158. Estate of Donald E. Thornton, Petitioner v. Caldor, Inc. The motion of Council of State Governments, et al. for leave to file a brief as amid curiae is granted.

No. 83-6350. Timothy Wesley McCorquodale, Petitioner v. Charles

Balkcom, Warden, et al. The application to suspend the effect of the order denying the petition for writ of certiorari addressed to Justice Brennan and referred to the Court is granted pending further order of the Court. Execution of the sentence of death scheduled for May 24, 1984, is stayed pending further order of the Court.

Certiorari Granted

No. 83-1307. United States, Petitioner v. Betty Lou Powell. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 83-1330. United States, Petitioner v. Thomas J. Hensley. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 83-1622. Elizabeth Brandon, et al., Petitioners v. John D. Holt, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 83-1362. Cleveland Board of Education, Petitioner v. James Loudermill, et al.;

No. 83-1363. Parma Board of Education, Petitioner v. Richard Don- nelly, et al.; and

No. 83-6392. James Loudermill, Petitioner v. Cleveland Board of Education, et al. The motions of James Loudermill for leave to proceed informa pauperis and the petitions for writs of certiorari to the United MONDAY, MAY 21, 1984

States Court of Appeals for the Sixth Circuit are granted. The cases are consoiiated and a total of one hour is allotted for oral argument. Certiorari Denied

No. 83-1252. Neuro Affiliates, etc., Petitioner v. National Labor Re- lations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1257. Safeway Stores, Incorporated, Petitioner v. Equal Em- ployment Opportunity Commission and Teamsters Local 745. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1350. Kenneth E. Moore, III, and Kenneth E. Moore, Jr., Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1365. Richard Mastrangelo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1402. John C. Condon, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 83-1414. Brotherhood of Railway, Airline and Steamship Clerks,

Freight Handlers, Express and Station Employees, Petitioner v. Laurence G. Russell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1447. Birmingham Linen Service, Petitioner v. Nora C. Bell. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1467. Carl Vainio, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 83-1490. City of Altoona, Pennsylvania, Petitioner v. Equal Em- ployment Opportunity Commissiono Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1493. General Hospitals of Humana, Inc., Petitioner v. Ar- kansas Statewide Health Coordinating Council, et al. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 83-1495. Thorsteinn Laufkvist Thorsteinsson, et al., Petitioners v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1538. Richard Lafferty, Petitioner u Alyeska Pipeline Serv- ice, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied. MONDAY, MAY 21, 1984 597

No. 83-1565. Bertie L. Lomas, Petitioner v. Northwestern Lehigh School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1566. Darnell Hunter, Petitioner v. Reardon Smith Lines, Ltd. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-1576. Eugene R. Sutton, et al., Petitioners v. Weirton Steel Division of National Steel Corporation, et al.; and

No. 83-1584. Gerald W. Brunner, et al., Petitioners v. National Steel Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1589. City of North Olmsted, Ohio, Petitioner v. Greater Cleveland Regional Transit Authority. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1591. Charter Consolidated, Ltd., et al., Petitioners v. An- thony A. Barber, et al. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office denied.

No. 83-1594. Joseph A. LaScala, Petitioner v. Burlington Northern, Inc. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 83-1597. John Rees, Petitioner v. County of Los Angeles. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 83-1604. Franklin Stone Products, Inc., Petitioner v. J. Dale Dawson, et al. Petition for writ of certiorari to the Court of Appeals of

Wisconsin, District I, denied.

No. 83-1606. John B. Kennedy, Petitioner v. Board on Professional

Responsibility of the Supreme Court of Delaware, et al. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 83-1607. Edward Curley, Petitioner v. Johanna H. Curley. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 83-1608. Rainsford J. Winslow and Winifred W. Winslow, Peti- tioners v. Keith D. Williams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1627. Marshall P. Safir, Petitioner v. Elizabeth Hanford Dole, Secretary of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 598 MONDAY, MAY 21, 1984

No. 83-1628. Herbert M. Shelton, et al., Petitioners u Joan F. Carlton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-1630. Mary Ann Schwegmann, aka Mary Ann Blackledge, Pe- titioner v. John G. Schwegmann, Jr., et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied.

No. 83-1650. Jonez P. Suthoff, et al., Petitioners v. Yazoo County In- dustrial Development Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1658. James F. McManus, Petitioner v. Village of Southamp- ton, New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1672. The Heil Company, Petitioner v. Jessie W. Meller. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 83-1674. M. Wharton Young, Petitioner u Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-1696. Vincent Piteo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1699. Mario Gigante, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1703. David Allen Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1714. Eugene Muzychka, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1718. Thomas Joseph Decarlo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals fo the Third Circuit denied. No. 83-1737. Consolidated X-Ray Service Corporation, Petitioner u Forrest Bugher, et al. Petition for writ of certiorari to the Unite States Court of Appeals for the Fifth Circuit denied.

No. 83-5855. Bobby J. Moss, Petitioner u United States. Petition fo writ of certiorari to the District of Columbia Court of Appeals denied. MONDAY, MAY 21, 1984 599

No. 83-6053. Linda Majcina, Petitioner v. Edward Frances John Majcina, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 83-6239. Antonio Melchor, Petitioner v. Los Angeles County De- partment of Adoptions. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-6249. Raymond R. Mileski, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6254. William Maldonado, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-6275. Charles Roberts, Petitioner v. Ronald C. Marshall, Su- perintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6300. Donald Lee Wells, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6389. Kenneth Crawford, Petitioner v. Barry Mintzes, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6470. James Manago, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 83-6473. Victor D. Vaughn, Petitioner v. Carl White, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6474. James Edward Seibert, Petitioner v. Barry Mintzes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6482. Bruce DeWayne Casey, Petitioner v. Commissioner Freddie E. Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6483. Robert Lee Brown, et al., Petitioners v. Lanson Newsome, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6486. Kenneth T. Lucas, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. 600 MONDAY, MAY 21, 1984

No. 83-6488. Robert Lee Brown, Petitioner v. David C. Evans, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6497, David Washington, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division, denied.

No. 83-6503. Jerry B. Carlock, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 83-6512. Patricia Columbo, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-6513. Jessie D. McDonald, Petitioner v. William Leech, At- torney General, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6526. Carl Lee Ashley, Petitioner v. William F. Grant, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 83-6537. William N. Holland, Jr., Petitioners. Office of Person- nel Management, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 83-6545. George James Payton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6546. Cornelius Miller, Petitioner v. Julius T. Cuyler, Super- intendent, State Correctional Institution and Correctional Diagnostic and Classification Center. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6551. Jack Ma, Petitioner v. The First National Corporation of Appleton, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6584c Anse Garth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6587. Edward Lester Schronce, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 83-6593. Leonardo Rodriquez-Mora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, MAY 21, 1984 601

No. 83-6600. Jesus Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6602. Armando Cardenas, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6613. Michael Conrad Saunders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6620. Jackie Wayne Scarborough, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 82-2030. Damon Tucker Anderson, aka Chub Anderson, Peti- tioner v. Oklahoma. Petition for writ of certiorari to the Court of Crimi- nal Appeals of Oklahoma denied. Justice Marshall would grant certiorari.

No. 83-67. Daniel Ingle, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied. Justice Marshall would grant certiorari.

No. 83-988. Alonzo Berrong and Jack McKay, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. Justice Marshall would grant certiorari.

No. 83-1011. Jon Olson, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice Marshall would grant certiorari.

No. 83-5027. Tilman J. Bentley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Marshall would grant certiorari.

No. 83-623. Frank B. James, et al., Petitioners v. William P. Clark,

Secretary of the Interior, et al. The motion of Center for Constitutional

Rights, et al. for leave to file a brief as amici curiae is granted. The motion of petitioners to strike brief of Native American Rights Fund for Gay Head Tribe is denied. 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 First Circuit denied.

No. 83-892. California State Department of Education, et al., Peti- tioners v. Los Angeles Branch NAACP, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit de- 602 MONDAY, MAY 21, 1984 nied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-906. United States, Petitioner v. Richard W. (Dick) Ry- lander, Sr. 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. 83-1355. Orange County and Kenneth Kienth, Petitioners v. Be- atrice S. Wood and Sandra Surburg Ritter, etc. 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 Eleventh Circuit denied.

No. 83-1455. Chester A. Wilk, et al., Petitioners v. American Medi- cal Association, et al.; and

No. 83-1602. American Medical Association, et al., Petitioners v.

Chester A. Wilk, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White and Justice Blackmun took no part in the consideration or decision of these petitions.

No. 83-1587. Naartex Consulting Corporation, Petitioner v. William

P. Clark, Secretary of Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 83-6312. Michael C. Antonelli, Petitioner v. Federal Bureau of

Investigation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 83-1600. Anthony Francis Ebert, et ux., Petitioners v. Judith P.

Ritchey, etc., et al. The motion of respondent for damages is denied. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 83-1712. The Co-operative Legislative Committee, Railroad

Brotherhoods and Railroad Unions, State of Ohio, Petitioner v. Norfolk and Western Railway Company. Petition for writ of certiorari to the Special Court, Regional Rail Reorganization Act of 1973, denied. Jus- tice Powell took no part in the consideration or decision of this petition.

No. 83-6421. Larry Clark, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, MAY 21, 1984 603

No. 83-6453. Robyn Leroy Parks, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6490. Gary Bradford Cone, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6610. Margie Bullard Barfield, Petitioner v. Kenneth W. Har- ris, Superintendent, North Carolina Correctional Center for Women, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6625. Leonard Marvin Laws, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-6435. John Carter, Jr., etc., Petitioner v. City of Birming- ham, etc. , et al. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice Brennan would grant certiorari.

Mandamus Denied

No. 83-6570. In Re Alvah Buckmore, Jr., Petitioner. The petition for writ of mandamus is denied.

Rehearing Denied

No. 83-1000. J. D. Court, Inc., Petitioner v. United States. The petition for rehearing is denied.

No. 82-6591. John Paul Wilson, Petitioner v. United States. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Tuesday, May 22, 1984, until Tues- day, May 29, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Zalye A. Bernstein Fort Lauderdale, Jack Stein FL Arthur C. Blue III Gastonia, NC Philip Marshall VanHoy 604 MONDAY, MAY 21, 1984

Applicant City and State Movant

Sheldon R. Blum San Jose, CA Martin S. Snitow Harold J. Boreanaz Buffalo, NY Edgar C. NeMoyer Alexander Bortnick Anchorage, AK Robert Stephen Lasnik Adam Bourgeois Jr. Chicago, IL Howard Thornton Savage Jonathan E. Buchan Charlotte, NC Edwin Osborne Ayscue Jr. Francis Carlton Burke Jr. Clinton, MA David J. Sargent Elaine M. Callahan Boston, MA David J. Sargent Rubin Cobb Atlanta, GA George S. Stern Helene Zimmerman Cohen Atlanta, GA James W. Callison Maria Luisa Contreras San Juan, PR Ismael H. Herrero Jr. Philip Russell Cosgrove Los Angeles, CA Ronald John Skocypec Gary Edward Daigh Los Angeles, CA Frederick R. Bennett A. Wayne Davis Little Rock, AR R. David Lewis Michael Paul DeGeorge Silver Spring, MD Robert Caterson Park Jr. Michael DeMarco Boston, MA William F. Meara Jr. Daniel Augustine Doran III Chappaqua, NY Minna J. Edelman Philip G. Dufford Denver, CO Robert F. Welborn Jeffrey Mack Dumas Cottonwood, AZ Charles M. Haar Timothy Eugene Eble Cincinnati, OH Judge Nathaniel R. Jones Stuart E. Eizenstat Washington, DC Simon Lazarus III Jerome D. Elbaum Hartford, CT John C. Yavis Jr. Kenneth W. Fields Pampa, TX BiU W. Waters Jeffrey Russell Frank Evansville, IN John Daniel Clouse Ruth Anne E. Gaiter Lincoln, NB Tyler B. Gaines Scott Barry Gorman Tampa, FL Stephen Leslie Rosen MONDAY, MAY 21, 1984 605

Applicant City and State Movant

John Roscoe Guittard Dallas, TX Tom Thomas Philip Nathaniel Gumbs Aberdeen, NJ Henry J. Byrne Bruce Hall Albuquerque, NM William A. Sloan Benjamin Andrew Hardy Little Rock, AR Jack Brian Hood Jr. Jacob P. Hart Philadelphia, PA Bernard G. Segal Thomas J. Herten Hackensack, NJ Judge Frederick Bernard Lacey Nicholas W. Hetman Owensboro, KY Robert Wayne Best Gerhardt M. Hoff Atlanta, GA Ellie G. Arnall David E. Holt Pampa, TX Bill W. Waters Dorothy Elise Hughes New York, NY John F. X. Peloso Edward 0. Hunter Huntington Philip J. Cohan Beach, CA R. Jan Jennings Nashville, TN Cecil D. Branstetter Robert W. Jones Dallas, TX John C. Nabors William Carl Jordan Houston, TX John Edward Kennedy Bruce Gary Joseph Washington, DC James Hunter III Rosalyn B. Kaplan Chicago, IL Patricia Rosen Stephen J. Kessler Washington, DC Thomas L. Holzman Renate Klass Detroit, MI Bruce A. Miller Gaither Martin Kodis Spokane, WA Francis J. Conklin Ronald A. Krauss New York, NY Leo Pfeffer Morris J. Kriger Memphis, TN Richard B. Fields Bernard J. Kubetz Bangor, ME Arthur B. Hanson Richard F. Lanciloti Medinah, IL Joseph F. Mirabella Jr. Leslie Scott Landen Middletown, OH James Delano Ruppert Ivan L. R. Lemelle New Orleans, LA William J. Guste Jr. Alan Jay Lerner Bigfork, MT James A. Cumming Stuart F. Lewin Boulder, MT Gregory 0. Morgan 606 MONDAY, MAY 21, 1984

Applicant City and State Movant

Lawrence M. Litus Melbourne, FL Edmond Lewis Eley Gerald Edward Loehr Yonkers, NY Ralph R. Nobile Fred Ray Lybrand Anniston, AL Jack Wilson Roy E. Mabrey Jr. Boston, MA John Slater Rodman Susan Martin New York, NY Richard Dorn Michael T. Materna Detroit, MI A. Robert Zeff Charles E. Merchant Cleveland, OH Marion Blase Amato Louis J. Mestre Milwaukee, WI Patricia D. McMahon Giles E. Miller Dallas, TX Donald R. Moore Gerald D. Morgan Jr. Washington, DC Robert Reed Gray Timothy Leffard Mullin Jr. Baltimore, MD James L. Lekin Peter J. Neeson Philadelphia, PA Julian N. Eule Philip Craig Olsson Washington, DC David Frank Weeda Eleanor M. Palk Santa Ana, CA Gerald J. Phillips Debra Winter Petrover Brooklyn, NY Barbara Dale Underwood Matthew Daniel Piermatti Ridgewood, NJ Roger A. Hauser II Douglas J. Powley Akron, OH Max Rothal Randy S. Rabinowitz Washington, DC Jacob Rabinowitz Thomas Jerrell Ray Jr. Oklahoma City, T. Hurley Jordan OK Jr. John William Renneisen Cheyenne, WY Gerald A. Stack Thomas J. Rueter Philadelphia, PA Thomas J. Ziomek David E. Sandel Jr. Philadelphia, PA Thomas J. Ziomek Marcia L. Scully Inglewood, CA Jack Ballas Robert James Sharkey Battle Creek, MI John Marshall Brundage G. William Shaw Seattle, WA George W. Shaw Clark Reid Silcox Washington, DC David J. McKean John David Smith Franklin, OH James Delano Ruppert David M. Spotts Cleveland, OH William D. Carle III MONDAY, MAY 21, 1984 607

Applicant City and State Movant

R. Lane Stebbins Spring Lake Anthony J. Heights, NJ Parrillo Robert H. Stevenson Seattle, WA David W. Harris James Alexander Swart Beckley, WV Rudolph L. DiTrapano Catherine Elizabeth Charlotte, NC William Donald Thompson Carroll Jr. Robert P. Tobias New York, NY Ivan Rivera Carol Marie Vlack Topor Hollywood, FL Thomas Karl Topor Clyde W. Waite Bristol, PA Edwin Nelson Popkin Stevenson Lee Weeks Morehead City, Warren J. Davis NC Arthur S. Weitzner Miami, FL Louis Phillips Roy H. Wepner Westfield, NJ Lawrence Irwin Lerner Gail Elaine Wetzel San Francisco, CA Michael B. Roger 1 T"> TTT1 it T Claud R. Wheatly Jr. Beaufort, NC Warren J. Davis James Kenneth Wilkens Washington, DC John Stewart Miles Bene Marsha Wolf Chicago, IL Dennis H. McFarlin

Opinions

No. 83-56. Margaret M. Heckler, Secretary of Health and Human Services, Petitioner u Community Health Services of Crawford County, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Third 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. Opinion by Justice Rehnquist concurring in the judgment with whom the Chief Justice joins.

No. 82-1721. Seattle Times Company, et al., Petitioners v. Keith Mil- ton Rhinehart, et al. On writ of certiorari to the Supreme Court of Washington. Judgment affirmed. Opinion by Justice Powell. Concur- ring opinion by Justice Brennan with whom Justice Marshall joins. No. 83-321. Guy Waller, Petitioner u Georgia; and 608 MONDAY, MAY 21, 1984

No. 83-322. Clarence Cole, et al., Petitioners v. Georgia. On writs of certiorari to the Supreme Court of Georgia. Judgment reversed and cases remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Powell.

No. 82-1994. Kirby Forest Industries, Inc., Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed and case remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in conformity with the opinion of the Court. Opinion by Justice Marshall.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Bonnie Jean Barr Beverly Hills, CA Joseph Frederick Hennessey Kay Elkins-Elliott Dallas, TX Frank W. Elliott Jr. Steven Jonas Bienstock Potomac, MD Daniel J. B. Bierman Richard Langdon Huxtable Los Angeles, CA Daniel J. Andersen Roy Wallace Matthews III Anchorage, AK Robert E. Price Anita Frankel Alberts Doylestown, PA Robert W. Valimont William H. R. Casey Doylestown, PA Robert W. Valimont Christopher B. Chandor Doylestown, PA Robert W. Valimont Ann Marie Slook Daly Doylestown, PA Robert W. Valimont Greg B. Emmons Newtown, PA Robert W. Valimont Gordon G. Erdenberger Doylestown, PA Robert W. Valimont Charles M. Fink Levittown, PA Robert W. Valimont MONDAY, MAY 21, 1984

Applicant City and State Movant

Richard R. Fink Levittown, PA Robert W. Valimont Joseph Glantz Levittown, PA Robert W. Valimont Frank Samuel Guarrieri Newtown, PA Robert W. Valimont Mel D. Kardos Newtown, PA Robert W. Valimont Maris Clymer Langford Doylestown, PA Robert W. Valimont James Edward Lynch Newtown, PA Robert W. Valimont John T. Lynch Jr. Newtown, PA Robert W. Valimont James M. McMaster Bensalem, PA Robert W. Valimont Adrian L. Meyer Doylestown, PA Robert W. Valimont Robert Alan Naragon Doylestown, PA Robert W. Valimont Richard Hale Pratt Doylestown, PA Robert W. Valimont Craig A. Smith Holicong, PA Robert W. Valimont Robert Miller Stengel Doylestown, PA Robert W. Valimont Herbert Karl Sudfeld Jr. Doylestown, PA Robert W. Valimont John D. Trainer Doylestown, PA Robert W. Valimont Michael Stephen Valimont Doylestown, PA Robert W. Valimont Cynthia Marie Weaver Newtown, PA Robert W. Valimont Richard J. Leon Washington, DC Malcolm M. Donahue Joel Otto Lederer Port Charlotte, Malcolm M. FL Donahue 610 MONDAY, MAY 21, 1984

Applicant City and State Movant

Linda Ann Andros Salem, MA Malcolm M. Donahue Joseph E. Anton Boston, MA Malcolm M. Donahue Anna M. Barry Boston, MA Malcolm M. Donahue Debbie S. Bolan Lawrence, MA Malcolm M. Donahue Craig Michael Brown Boston, MA Malcolm M. Donahue Michael A. Brown Boston, MA Malcolm M. Donahue Gerard B. Carney Boston, MA Malcolm M. Donahue Cheryl Pilgrim Clarke Cambridge, MA Malcolm M. Donahue Joseph Bernard Collins Springfield, MA Malcolm M. Donahue Martin Stephen Cosgrove Quincy, MA Malcolm M. Donahue John W. Cossart Boston, MA Malcolm M. Donahue Mary Elizabeth Devitt Boston, MA Malcolm M. Donahue Eileen Marian Donoghue Boston, MA Malcolm M. Donahue Michael F. Farrington Boston, MA Malcolm M. Donahue Jordan H. F. Fiore Taunton, MA Malcolm M. Donahue Douglas Edward Franklin Braintree, MA Malcolm M. Donahue John T. Gaffney Jr. Boston, MA Malcolm M. Donahue Robert Albert George Boston, MA Malcolm M. Donahue Ellen Sue Grossman Brighton, MA Malcolm M. Donahue MONDAY, MAY 21, 1984

Applicant City and State Movant

Francis Edwin Hartig Boston, MA Malcolm M. Donahue Gale Rosalyn Johnson Lynn, MA Malcolm M. Donahue Charles S. Johnston Lowell, MA Malcolm M. Donahue Russell Roger Karl North Andover, Malcolm M. MA Donahue John Nelson Lewis Boston, MA Malcolm M. Donahue Bonnie H. MacLeod-Griffin Boston, MA Malcolm M. Donahue Edward C. Malik Boston, MA Malcolm M. Donahue Janet Louise Maloof Boston, MA Malcolm M. Donahue Dana Lawrence Mason Framingham, MA Malcolm M. Donahue Barbara A. McCarthy Braintree, MA Malcolm M. Donahue Mark Andrew McCue Boston, MA Malcolm M. Donahue John Patrick McGonagle Boston, MA Malcolm M. Donahue Thomas R. Mullen Hingham, MA Malcolm M. Donahue Louis L. Oggiani Great Barrington, Malcolm M. MA Donahue Martha Buxton Oney Boston, MA Malcolm M. Donahue Arthur Martin Pearlman Boston, MA Malcolm M. Donahue Alan Samuel Pierce Boston, MA Malcolm M. Donahue Christopher Charles Rich Saugus, MA Malcolm M. Donahue Lynda J. Robbins Reading, MA Malcolm M. Donahue 612 MONDAY, MAY 21, 1984

Applicant i^ity and otate Movant

Jane Shute Scifres Boston, MA Malcolm M. Donahue Stafford Sheehan FaU River, MA Malcolm M. Donahue Brian Stephen Terry- Taunton, MA Malcolm M. Donahue Peter S. Vallianos Great Barrington, Malcolm M. MA Donahue Harold Narus Gaithersburg, MD Malcolm M. Donahue Paul M. Gagnon Manchester, NH Malcolm M. Donahue Edward Warren Richards Nashua, NH Malcolm M. Donahue Richard S. Goldman Trenton, NJ Malcolm M. Donahue David Lee Darwin Huntington Malcolm M. Station, NY Donahue Karen C. Hildebrandt New York, NY Malcolm M. Donahue Gerald M. Brenner Woonsocket, RI Malcolm M. Donahue James Byrne Callahan Newport, RI Malcolm M. Donahue Alfred J. Lipperini McLean, VA Malcolm M. Donahue Robert Raymond Meeks Woodbridge, VA Malcolm M. Donahue Larry Felix Wheatley Alexandria, VA Malcolm M. Donahue Terry McGovern San Francisco, CA Kathleen T. Ryan Dacey Janice Gaston Croft Washington, DC Kathleen T. Ryan Dacey Kevin Thomas Cronin Washington, DC Kathleen T. Ryan Dacey Michael Dawson Derby Washington, DC Kathleen T. Ryan Dacey MONDAY, MAY 21, 1984 613

Applicant City and State Movant

Carel Theilgard Hedlund Washington, DC Kathleen T. Ryan Dacey Jay Andrew Resnick Washington, DC Kathleen T. Ryan Dacey Marilyn Gabe Bernstein Chicago, IL Kathleen T. Ryan Dacey Carol Stroud Ball Boston, MA Kathleen T. Ryan Dacey James L. Buechl Boston, MA Kathleen T. Ryan Dacey Margaret Bell Drew- Boston, MA Kathleen T. Ryan Dacey Irene Dwyer Emerson Boston, MA Kathleen T. Ryan Dacey Joseph D. Feaster Jr. Boston, MA Kathleen T. Ryan Dacey June Miles Gonsalves Lowell, MA Kathleen T. Ryan Dacey Amato V. Lepore Medford, MA Kathleen T. Ryan Dacey Anne K. Morrill Boston, MA Kathleen T. Ryan Dacey Kevin F. O'Donnell Quincy, MA Kathleen T. Ryan Dacey L. Kimball Pino Norton, MA Kathleen T. Ryan Dacey John T. Quirk Jr. Springfield, MA Kathleen T. Ryan Dacey Deborah Rubin-Barnhart Newton, MA Kathleen T. Ryan Dacey Janis Levart Barquist New York, NY Kathleen T. Ryan Dacey Benetta M. Mansfield Arlington, VA Kathleen T. Ryan Dacey William Herschel Lamb Washington, DC Kathleen Geralyn O'Reilly Alexander Stephens Panama City, FL Kathleen Geralyn Nicholas O'Reilly 614 MONDAY, MAY 21, 1984

Applicant City and State Movant

Bruce Terrence Brown Fort Washington, Kathleen Geralyn MD O'Reilly Timothy J. Malloy San Antonio, TX Kathleen Geralyn O'Reilly Conrad C. Baldwin Jr. Springfield, VA Kathleen Geralyn O'Reilly Verlin Dean Dickman Fairfax, VA Kathleen Geralyn O'Reilly

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, MAY 22, 1984 615 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinions

No. 82-1371. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Leon S. Day, et al. On writ of certiorari to the United States Court of Appeals for the Second 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 Powell. Dissenting opinion by Justice Marshall with whom Justice Brennan, Justice Blackmun and Justice Stevens join.

No. 82-1608. South-Central Timber Development, Inc., Petitioner v. Esther Wunnicke, Commissioner, Department of Natural Resources of Alaska, et al. On writ of certiorari to the United States Court of Ap- peals 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. Justice White delivered the opinion of the Court with respect to Parts I and II, and delivered an opinion with respect to Parts III and IV, in which Justice Brennan, Justice Blackmun, and Jus- tice Stevens join. Concurring opinion by Justice Brennan. Opinion by Justice Powell concurring in part and concurring in the judgment with whom the Chief Justice joins. Dissenting opinion by Justice Rehnquist with whom Justice O'Connor joins. Justice Marshall took no part in the decision of this case.

No. 82-940. Elizabeth Anderson Hishon, Petitioner v. King & Spal- ding. On writ of certiorari to the United States Court of Appeals for the Eleventh 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. Concurring opinion by Justice Powell.

Adjourned until Tuesday, May 29, at 10 o'clock. x

(JOURNAL) TUESDAY, MAY 29, 1984 617 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-1320. Wesley K. Bell, Appellant v. Township of Eagleswood. Appeal from the Superior Court of New Jersey, Appellate Division. The appeal is dismissed for want of a substantial federal question.

No. 83-1479. Jake Ayers, Sr., et al., Appellants v. William Winter, et al. Appeal from the United States District Court for the Northern District of Mississippi. The judgment is vacated and the case is remanded to the United States District Court for the Northern District of Mississippi for entry of a fresh judgment from which a timely appeal may be taken to the United States Court of Appeals for the Fifth Circuit.

Certiorari—Summary Disposition

No. 83-1287. Charles G. Strickland, Jr., Warden, et al., Petitioners v. Amos Lee King, Jr. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh 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 Elev- enth Circuit for further consideration in light of Strickland v. Washing- ton, 466 U.S. ^8- (1984).

No. 83-5500. Nathan Solomon, Petitioner v. David Harris, Warden, et al. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The motion of petitioner for leave to proceed informa 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 Second Circuit for further consideration in light of Strickland v. Washington, 466 U.S. &™ (1984). Justice Marshall would grant certiorari and set the case for oral argument. 618 TUESDAY, MAY 29, 1984

No. 83-5636. Roger Dale Stafford, 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 is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Criminal Appeals of

Oklahoma for further consideration in light of Strickland v. Washing- ton, 466 U.S. — (1984). Justice Brennan and Justice Marshall: Adher- ing to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amend- ments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.

No. 83-6125. Roger Dale Stafford, 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 is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Criminal Appeals of

No. 83-6413. Christopher A. Burger, Petitioner v. Walter Zant, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuiit. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted limited to Question 1(B) presented by the petition. The opinion of the United States District Court for the Southern District of Georgia on this question, which the Court of Appeals adopted without separate discussion, may be flawed in at least one respect. In judging the reasonableness of counsel's decision not to present character evidence, the District Court apparently mistook the arguments counsel made at petitioner's first, ultimately vacated, sentencing for the arguments counsel made at petitioner's second sentencing, the proceeding whose result is challenged in this petition. Blake v. Zant, 513 F. Supp. 772, 796-798 (1981). Petitioner is entitled to an assessment of his inef- fectiveness claim unaffected by this, as well as by any other, error. Ac- cordingly, the judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit with instructions to reconsider the effectiveness of counsel's assistance at petition- TUESDAY, MAY 29, 1984 619 er's second sentencing and for further consideration in light of

Strickland v. Washington, 466 U.S. (1984). Justice Brennan: Ad- hering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227 (1976), I would grant certiorari and vacate the death sentence in this case. Justice Marshall would grant certiorari for the reasons stated in the dissenting opinion of Judge Johnson and set the case for oral argument.

Orders in Pending Cases

No. . Amrit Lai, Petitioner v. CBS, Inc. The motion to direct the

Clerk to file a petition for writ of certiorari that does not comply with the Rules of the Court is denied.

No. . Mary Marshall, etc., Petitioner v. Burlington Northern, Inc. The motion to accept the petition for writ of certiorari as timely filed, or to waive the Rules of the Court, is denied.

No. A-900. Charles H. Robertson, Applicant v. United States. The application for stay addressed to Justice Brennan and referred to the Court is denied.

No. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. The petition for allowance of additional compensation to the

Special Master is granted and payments as requested in prayers 1, 2, and 3 are allowed. Further consideration of the remaining prayers is deferred until further order of the Court. Justice Marshall took no part in the consideration or decision of this matter.

No. 83-1685. Timothy Corbin, Appellant v. Alaska. The application for stay addressed to Justice Marshall and referred to the Court is denied.

No. 83-6536. John Fred Cirillo, Petitioner v. Republic Steel Corpora- tion. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 19, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. 620 TUESDAY, MAY 29, 1984 Appeal—Jurisdiction Noted

No. 83-1620. First National Bank of Atlanta, etc., Appellant v. Bartow County Board of Tax Assessors, et al. Appeal from the Su- preme Court of Georgia. In this case probable jurisdiction is noted.

Certiorari Granted

No. 83-1476. United States, Petitioner v. Mary Dann and Carrie Dann. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted. No. 83-1632. Harper & Row, Publishers, Inc. and The Reader's Di- gest Association, Inc., Petitioners v. Nation Enterprises and The Na- tion Associates, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 83-1292. David Alan Wayte, Petitioner v. United States. The petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit is granted limited to Question 1 presented by the petition.

Certiorari Denied

No. 83-595. Kenneth R. Snow, et aL, Petitioners v. Quinault Indian Nation, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-871. 0. S. Foster, Sheriff, Roanoke County, Virginia, et al.,

Petitioners v. Charles Lankford. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1067. Bill Maddox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Noc 83-1155. James Maurice Jackson, Petitioner v. United States;

No. 83-6086. Jeffrey Craig Bumgardner v. United States; and

No. 83-6092. Teresa Eleazar, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1261. William C. Lyddan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1400. Biscayne Federal Savings and Loan Association, et al.,

Petitioners v. Federal Home Loan Bank Board, et al. Petition for writ TUESDAY, MAY 29, 1984 621 of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1407. John Languirand, Petitioner v. City of Pass Christian, Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1420. Abraham A. Gammal, Petitioner v. James Hamrock, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1426. McKissick Products Company, et al., Petitioners v. Raymond J. Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-1445. Russell Hampshire and Walter Gernert, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1457. 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. 83-1470. Mid-South Grizzlies, et al., Petitioners v. National Football League. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1536. Jack A. Elliott, et al., Petitioners v. Group Hospital Service, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1617. Linward Coleman, Petitioner v. American Cyanamid Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1621. Detroit Plastic Molding Company, Petitioner v. USM Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1626. Gregory Lynn Johnson, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 83-1631. Alexis Kneeland, Petitioner v. Bloom Township High

School District No. 206, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1637. Willie L. Draper, Petitioner v. United Automobile, Aerospace and Agricultural Implement Workers of America, Local 387, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. 622 TUESDAY, MAY 29, 1984

No. 83-1642. U.S. Electrical Motors, A Division of Emerson Electric

Co., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1645. Charles Struemph, et al., Petitioners v. Michael McAuliffe. Petition for writ of certiorari to the Court of Appeals of Mis- souri, Eastern District, denied.

No. 83-1649. Francis A. Beimert, Petitioner v. Burlington Northern, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1736. Hugo Z. Segal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1741. Hyun Joon Chung, et ux., Petitioners v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1746. Abe R. Schwartz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1763. David Llaguno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1797. Jack Graham, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 83-6196. Gerald M. Schaflander and Stephen M. Wright, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6200. John Thomas Taylor, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6243. Charles F., Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-6340. Luther Larry Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6344. Ronnie D. Drew, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6370. Chester Strong, Petitioner v. United States; and TUESDAY, MAY 29, 1984 623

No. 83-6378. Samuel G. Redwine, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6399. Jo Ann T. Oberlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6406. Jose Ramon Vallez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6492. Ivy Lucilla Knott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6514. Daniel Tilli, Petitioner v. Donato Capobianco, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6515. Gene L. Perry, Petitioner v. Superintendent, M.C.I. Norfolk. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6523. Thomas Kelt, Administrator of the Estate of Troy Kelt,

Petitioner v. Ronald A. Quezada, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6529. David A. Jones, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6538. Jack A. Griffith, Petitioner v. Louie L. Wainwright,

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

No. 83-6539. Tag Arthur Greek, Petitioner v. Superior Court of Yolo County, California, et al. Petition for writ of certiorari to the Supreme Court of California denied.

No. 83-6541. David X. Harrison, Petitioner v. Eugene Gallagher, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6544. Franklin Delano Vipperman, Petitioner v. Vernon Housewright, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6554. Mitchel Calvin Carnivale, Petitioners. Wisconsin. Peti- tion for writ of certiorari to the Supreme Court of Wisconsin denied. 624 TUESDAY, MAY 29, 1984

No. 83-6557. Michael C. Antonelli, Petitioner v. Richard Schryver, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-6573. Charlie L. Holloway, Petitioner v. Margaret M. Heck- ler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6590. John Hilary Durham, Petitioner v. Donald W. Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6599. John A. Burks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6601. Raymond J. Emery, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6604. Shane Venkatesan, Petitioner v. International Union of Operating Engineers, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6606. Clifford Thomas Henderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-6622. Tangerline Terrell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6624. Robert D. Chilcote, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6629. Matthew John Kavanaugh, Petitioner v. Sperry Univac. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-6635. Amelia Aispuro, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6637. Stephen Paul Koppe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6639. Roger Lee Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. TUESDAY, MAY 29, 1984 625

No. 83-6640. Gordon N. Beerbower, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6650. Thomas Randazza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6662. Carl Blaine Lininger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-1691. Illinois, Petitioner v. Dennis Williams. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice White took no part in the consideration or decision of this motion and this petition.

No. 83-147. Illinois, Petitioner v. Willie Rainge. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice White took no part in the consideration or decision of this motion and this petition.

No. 82-7003. Ivon Ray Stanley, Petitioner v. Ralph Kemp, Superin- tendent, Georgia Diagnostic and Classification Center. The motion of NAACP Legal Defense and Educational Fund, Inc. 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. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-1072. Herman S. Solem, Warden and Mark V. Meierhenry,

Attorney General of South Dakota, Petitioners v. Dennis Lufkins. 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. 83-1389. Texas, Petitioner v. Serlee Benson. The motion of respondent for leave to proceed informa pauperis is granted. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 83-1138. Gary J. Peed and James C. Coddington, Petitioners v. United States. The motion of petitioners to strike brief of the United States is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1229. Richard John Longstaff, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United 626 TUESDAY, MAY 29, 1984

States Court of Appeals for the Fifth Circuit denied. Justice Brennan would grant certiorari.

No. 83-1345. Union Carbide Corporation, et al., Petitioners v. Natu- ral Resources Defense Council, Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied. Justice Rehnquist and Justice O'Connor took no part in the consideration or decision of this petition.

No; 83-1656. Bertold J. Pembaur, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice Brennan and Justice White would grant certiorari.

No. 83-5088. Larry Gilbert, Petitioner v. South Carolina. Petition for writ of certiorari to the Court of Common Pleas of Lexington County, South Carolina, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5092. J. D. Gleaton, Petitioner v. James Aiken, Warden, et al. Petition for writ of certiorari to the Court of Common Pleas for Lex- ington County, South Carolina, denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 83-5148. Jose Martinez High, Petitioner v. Ralph Kemp, Super- intendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5432. Timothy George Baldwin, Petitioner v. Ross Maggio, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-5716. Charles Thomas Corn, Petitioner v. Walter Zant, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6090. Michael Gene Berryhill, Petitioner v. Robert Francis, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6519. Edward Lonzo McCall, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 83-6549. Jimmy Lee Smith, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. TUESDAY, MAY 29, 1984 627

No. 83-5826. Charles W. Johnson, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice Marshall would grant certiorari.

Reheaeings Denied

No. 83-1436. Darlene R. White, Petitioner v. International Tele- phone and Telegraph Corporation, et al. The petition for rehearing is denied.

Recess Order

The Court will take a recess from Wednesday, May 30, 1984, until Monday, June 4, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Thomas Alvie Adams III Katy, TX Joseph Ettiene Turner Philip Baker Landrum Alton, iLi Victor J. iVLosele Alfeld Lowell Andrew Barto Stillwater, OK Winfrey D. Houston Jay Cary Bennett Oxford, OH James G. Robinson William M. Berlowitz Lincoln, NB Douglas F. Duchek Rebecca Aline Betts Charleston, WV Robert Bruce King David Bissett Black Houston, TX Jack Ronald Bailey Gary Brian Carson McLean, VA Raymond Kit Carson Robert A. Cesari Boston, MA Jerry Cohen James G. Colvin II Colorado Springs, Mervin Allen CO Ziegler Jr. Robert Bradley Cordle Charlotte, NC Edwin Osborne Ayscue Jr. Stephen P. Curtis Albuquerque, NM Frank Orlen Westerfield Jr. 628 TUESDAY, MAY 29, 1984

Applicant City and State Movant

Richard W. Douglas Hagerstown, MD Lynn Franklin Meyers James Glenville Dowling Jr. Fairfield, CT Richard G. Kent David J. Eckle Pittsburgh, PA Howard F. Messer Rachelle Jan Eisenstat Los Angeles, CA Michael P. King Glenn Matthew Engelmann Washington, DC Joseph Semo Edward D. Etheredge Northampton, MA James A. Bisceglia Janice Sindelar Evans Painesville, OH David P. Freed Levi W. Evans III Philadelphia, PA Timothy P. Booker Nathan T. Fairchild Adrian, MI Harvey A. Koselka Jack D. Fudge Los Angeles, CA Sheldon A. Gebb Robert Arthur Garretson Newport Beach, John Bruce Cobb CA Mark D. Gately Baltimore, MD George Beall Charles Terry Hall Raleigh, NC David Phillip Tennant Robert Francis Harchut Philadelphia, PA Bernard G. Segal Steven J. Henry Boston, MA Jerry Cohen Andy Karl Hughes Magee, MS Wayne M. Snuggs Frances Baker Jack Shreveport, LA Tom Stagg Joe David Jackson Atlanta, GA Virginia M. McGuffey Constance J. Kaplan Hollywood, FL George Irving Piatt III Mark Joseph Kenney San Francisco, CA Kurt W. Melchior Edward F. Kohnke IV New Orleans, LA George A. Frilot III Edward Charles Krawiecki Bristol, CT Robert Fair Jr. Edward Paul Kreiling Miramar, FL Christopher R. Mazzella Les E. Lederer Los Angeles, CA Robert G. Leff Arthur W. Lefco Philadelphia, PA Marc S. Cornblatt Jeffrey Hans Leo Los Angeles, CA Roger A. Parkinson TUESDAY, MAY 29, 1984 629

Applicant City and State Movant

Robert J. Lepri Chicago, IL Frank Michael Covey Jr. Barry R. Levine Lynn, MA Arnold Stanley Goldstein Larry Lewis Oklahoma City, James F. Howell OK Jeffrey Marc Lipshaw Detroit, MI Robert G. Cutler Michael Charles Lucas Lyndhurst, OH John William Wiles D. M. Lynn Dallas, TX William David Elliott Stewart S. Manela Washington, DC Stanley Joseph Brown Austin McCaskill Little Rock, AR Ernest Guy Amsler Jr. Austin McCaskill III Little Rock, AR Ernest Guy Amsler Jr. Robert Earl Melton Albuquerque, NM Frank Orlen Westerfield Jr. Richard Allan Morgan Tacoma, WA Kathleen Geralyn O'Reilly Martin J. O'Donnell Boston, MA Jerry Cohen Henry Andrew Perles Fairfield, CT Jerome A. Perles James Clyde Peterson Santa Ana, CA Conrad Gravier Tuohey Oreste Louis Puccini Jr. Albuquerque, NM Frank Orlen Westerfield Jr. Elizabeth Ray Houston, TX Andrew S. Hanen Emil Ernst Reichstadt Dallas, TX James Guy Tucker Jr. Stuart M. Reynolds Jr. Dallas, TX Thomas Alba Roberts Colleen Mary Rohan San Francisco, CA William Lathan Osterhoudt Elias John Saad Mobile, AL Richard L. Jones Howard Schiffman Washington, DC Sidney Dickstein Louis F. Sette Ridgewood, NJ Robert Brian Leaman 630 TUESDAY, MAY 29, 1984

Applicant City and State Movant

Edward Michael Sharkey Buffalo, NY Edward Charles Cosgrove John Wilmes Sivertsen Jr. Anchorage, AK Edgar Paul Boyko Jackson L. Smith Colorado Springs, Mervin Allen CO Ziegler Jr. Bruce Gordon Spicer Santa Clara, CA Thomas E. Schatzel John L. Stawicki Colchester, CT Melvin Scott Patricia Denuzze Stevens Hartford, CT Joseph M. Shortall M. Milton Sweeney Nashville, TN H. Francis Stewart J. T. Thomas Wailuku, HI Bruce Nathan Metz Edward G. Thompson Memphis, TN John C. Hough Jr. Angela Maria Tulley Methuen, MA Michael T. Stella Jr. Andrew Marshall Upton New York, NY Richard Schoolman Donald Edward Walker Troy, MI Peter Thomas Jameson Edward 0. Wayson Jr. Annapolis, MD Thomas Mohler Downs N. Laurence Willey Jr. Bangor, ME David J. Sargent William Blough Young Medina, OH Dale Herbert Chase Opinions

No. 83-226. Arizona, Petitioner v. Dennis Wayne Rumsey. On writ of certiorari to the Supreme Court of Arizona. Judgment affirmed. Opin- ion by Justice O'Connor. Dissenting opinion by Justice Rehnquist with whom Justice White joins.

No. 83-128. United States, Petitioner v. William Gouveia, 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 Rehnquist. Opinion by Justice Stevens concurring in the judgment with whom Justice Brennan joins. Dissenting opinion by Justice Marshall. No. 82-629. Three Affiliated Tribes of the Fort Berthold Reserva-

tion, Petitioners v. Wold Engineering, P.C., et al. On writ of certiorari TUESDAY, MAY 29, 1984 631

Applicant City and State Movant to the Supreme Court of North Dakota. Judgment vacated and case remanded to the Supreme Court of North Dakota for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Rehnquist with whom Justice Stevens joins.

No. 83-838. United States, Petitioner v. Paul B. Lorenzetti. On writ of certiorari to the United States Court of Appeals for the Third 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 Blackmun.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Patricia Jackson Moore Silver Spring, MD Judge Norma Holloway Johnson Thomas Adams Duckenfield Washington, DC Judge Norma Holloway Johnson B. A. Fluker Boston, MA Judge Norma Holloway Johnson Gerald Irwin Jarrett Nutley, NJ Judge Norma Holloway Johnson

Jonathan I. Feil Washington, DC Judge Daniel M. Friedman Ann Zelhart Cook Washington, DC Francis J. Lorson Patricia A. Shanahan Los Angeles, CA Francis J. Lorson Gregg D. Ottinger Washington, DC C. Emerson Duncan II Jean Lynn Kiddoo Washington, DC Amanda Bethsabe Pedersen Richard Patrick Murphy Washington, DC Amanda Bethsabe Pedersen Monica Shepard Wasson Spokane, WA Marianne McGettigan 632 TUESDAY, MAY 29, 1984

Applicant City and State Movant

Paul J. Wasson Spokane, WA Marianne McGettigan Ira Ross Shapiro Miami, FL Fred D. Shapiro Monica M. Balavage Sacramento, CA A. Albert Balavage Michael S. Balavage Sacramento, CA A. Albert Balavage Janice McKenzie Cole Hertford, NC Esmeralda Simmons Maude Elizabeth Chaney New York, NY Esmeralda Simmons Paula Jones Dladla New York, NY Esmeralda Simmons Leslie S. Evans Brooklyn, NY Esmeralda Simmons Michael C. Fahey New York, NY Esmeralda Simmons Eileen Daphne Millett Brooklyn, NY Esmeralda Simmons Victor Olds New York, NY Esmeralda Simmons Loris P. Primus New York, NY Esmeralda Simmons Kathryn Montgomery Brooklyn, NY Esmeralda Smith Simmons Lewis N. Angermeier Indianapolis, IN Earl W. Kintner Margaret A. Berry Brazil, IN Earl W. Kintner Charles Nicholas Braun II Indianapolis, IN Earl W. Kintner Mary Elizabeth Davis Elkhart, IN Earl W. Kintner Richard William Davis Jr. Elkhart, IN Earl W. Kintner Cindy Ann Ellis Indianapolis, IN Earl W. Kintner Charles Eugene Fritz Indianapolis, IN Earl W. Kintner Maurice J. Holland Bloomington, IN Earl W. Kintner Arthur Merrill Lotz Bloomington, IN Earl W. Kintner Alphonso Manns Bloomington, IN Earl W. Kintner Dollie Stafford Manns Bloomington, IN Earl W. Kintner George T. McNaughton Fremont, IN Earl W. Kintner Kris Meltzer Shelbyville, IN Earl W. Kintner TUESDAY, MAY 29, 1984 633

Applicant City and State Movant

Roger McClelland Miller Huntington, IN Earl W. Kintner Sheldon J. Plager Bloomington, IN Earl W. Kintner Melinda Louise Selbee Indianapolis, IN Earl W. Kintner Richard Donald Small Jr. Indianapolis, IN Earl W. Kintner Janis L. Summers La Porte, IN Earl W. Kintner Richard Vincent Willis Richmond, IN Earl W. Kintner

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY, MAY 30, 1984 635 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Marshall, Justice Blackmun, and Justice O'Connor.

Opinions

No. 83-141. Hawaii Housing Authority, et al., Appellants v. Frank

E. Midkiff, et al.; No. 83-236. Portlock Community Association (Maunalua Beach), et al., Appellants v. Frank E. Midkiff, et al.; and

No. 83-283. Kahala Community Association, Inc., et al., Appellants v. Frank E. Midkiff, et al. Appeals from the United States Court of Ap- peals for the Ninth 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 O'Connor. Justice Marshall took no part in the consideration or decision of these cases.

No. 83-630. Efrem Bernal, Petitioner v. John W. Fainter, Jr., Secre- tary of State of Texas, 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 Marshall. Dissenting statement by Justice Rehnquist.

No. 82-1724. New York, Petitioner v. Robert Uplinger and Susan Butler. On writ of certiorari to the Court of Appeals of New York. Writ of certiorari dismissed as improvidently granted. Opinion per curiam announced by the Chief Justice. Concurring opinion by Justice Stevens. Dissenting opinion by Justice White with whom the Chief Justice, Jus- tice Rehnquist and Justice O'Connor join.

Adjourned until Monday, June 4, 1984 at 10 o'clock. x

(JOURNAL) THURSDAY, MAY 31, 1984 637 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-980. Louie Wainwright, Secretary, Florida Department of Corrections, Applicant v. Alvin B. Ford. The application of the State of Florida to vacate the order of the United States Court of Appeals for the Eleventh Circuit, dated May 30, 1984, staying the execution of sentence of death presented to Justice Powell and by him referred to the Court, is denied. Concurring opinion by Justice Powell with whom Justice White and Justice Blackmun join, and with whom Justice Stevens joins in Part L Statement by Justice Stevens. Justice Brennan and Justice Marshall join in the order of the Court. The Chief Justice, Justice Rehnquist and Justice O'Connor would grant the State's application to vacate the stay of execution of sentence of death.

(JOURNAL) MONDAY, JUNE 4, 1984 639 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 82-1564. Joseph Lonewolf, Appellant v. Theresa Rey Lonewolf. Appeal from the Supreme Court of New Mexico. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

No. 83-1648. James L. Pickering, Appellant v. City of Buffalo, New York. Appeal from the United States Court of Appeals for the Second Circuit. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari,

certiorari is denied.

No. 83-1526. Alan J. Karcher, Speaker, New Jersey Assembly, et

al., Appellants v. George T. Daggett, et al. Appeal from the United States District Court for the District of New Jersey. The judgment is affirmed. Dissenting opinion by Justice Brennan with whom Justice White and Justice Marshall join. No. 83-1677. Sherrod Brown, Secretary of State of Ohio, Appellant

v. Juanita C. Brandon, et al.;

No. 83-1678. Richard F. Celeste, Governor of Ohio, Appellant v. Jua-

nita C. Brandon, et al.; and

No. 83-1679. Patrick A. Flanagan and Ann Butler, Appellants v. Jua-

nita C. Brandon, et al. Appeals from the United States District Court

for the Southern District of Ohio. The judgment is affirmed. Justice Powell and Justice Rehnquist would note probable jurisdiction and set the cases for oral argument.

No. 83-1685. Timothy Corbin, Appellant v. Alaska. Appeal from the Court of Appeals of Alaska. The appeal is dismissed for want of a substantial federal question.

No. 83-1731. Larry Cohran, Appellant v. State Bar of Georgia. Ap- peal from the Supreme Court of Georgia. The appeal is dismissed for want of a substantial federal question. 640 MONDAY, JUNE 4, 1984

Certiorari—Summary Disposition

No. 83-277. Harry N. Walters, Administrator of Veterans' Affairs,

Petitioner v. Home Savings and Loan Association of Lawton, Okla- homa. 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 Heckler v. Community Health Services of Crawford County, Inc., 467 U.S. (1984). No. 83-1149. Margaret M. Heckler, Secretary of Health and Human

Services, et al., Petitioners v. Eula B. Starnes, et al. 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 Heckler v. Ringer, 466 U.S. —- (1984). Justice White took no part in the consideration or decision of this case.

Orders in Pending Cases

No. . Anthony Fernandez, Petitioner v. Harry Kiner, et al. The motion to direct the Clerk to file a petition for writ of certiorari that does not comply with the Rules of the Court is denied.

No. . Lillie R. Hill, etc., Petitioner v. Sam Watts, etc., et al. The motion to direct the Clerk to file the petition for writ of certiorari, out- of-time, is denied.

No. A-959. Eulalia Mayoral, et al., Applicants v. Jeffco American

Baptist Residences, Inc., et al. The order entered by Justice White on May 25, 1984 is vacated and the application for stay of mandate of the United States Court of Appeals for the Tenth Circuit is denied. No. D-411. In the Matter of Disbarment of Donald Joseph Sheehy. Disbarment order entered.

No. D-416. In the Matter of Disbarment of Dovey J. Roundtree. Dovey J. Roundtree, of Washington, D.C., having requested to resign

as a member of the Bar of this Court, it is ordered that her 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 April 2, 1984, is hereby discharged.

No. D-434. In the Matter of Disbarment of John C. Schettino. It is ordered that John C. Schettino, of Bedford Hills, New York, be sus- MONDAY, JUNE 4, 1984 641 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. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H.

Thurston, et al.; and

No. 83-1325. Air Line Pilots Association, International, Petitioner v.

Harold H. Thurston, et al. The motion of Equal Employment Advisory

Council 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

Trans World Airlines, Inc. for divided argument is granted and a total of fifteen minutes is allotted for that purpose. The motion of Air Line

Pilots Association for divided argument is granted and a total of fifteen minutes is allotted for that purpose.

No. 83-1020. Ohio, Petitioner v. William Lee Kovacs, dba B & W En- terprises, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. The motion of Council of State Governments, et al. for leave to file a brief as amici curiae is granted.

No. 83-1158. Estate of Donald E. Thornton and Connecticut, Peti- tioners v. Caldor, Inc. The motion of National Right to Work Legal De- fense Foundation, Inc. for leave to file a brief as amicus curiae is granted.

No. 83-1386. Ronald A. Leggett, etc., et al., Petitioners v. Craton

Liddell, et al.;

No. 83-1721. Missouri, et al., Petitioners v. Craton Liddell, et al.; and

No. 83-1838. North St. Louis Parents and Citizens for Quality Edu- cation, etc., et al., Petitioners v. Craton Liddell, et al. The motion of petitioners in No. 83-1386 and respondents Leggett, et al. in Nos. 83-1721 and 83-1838 to expedite consideration of the petitions for writs of certiorari is denied.

No. 83-1569. Mitsubishi Motors Corporation, Petitioner v. Soler Chrysler-Plymouth, Inc.; and

No. 83-1733. Soler Chrysler-Plymouth, Inc., Petitioner v. Mitsubishi

Motors Corporation. The Solicitor General is invited to file a brief in these cases expressing the views of the United States. 642 MONDAY, JUNE 4, 1984 Appeal-^Jurisdiction Noted

No. 83-1394. United States, et al., Appellants v. Madison D. Locke, et al. Appeal from the United States District Court for the District of

Nevada. In this case probable jurisdiction is noted.

Certiorari Granted

No. 83-1590. Robert Francis, Warden, Petitioner v. Raymond Lee Franklin. 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 granted.

Certiorari Denied

No. 83-422. Group Health Incorporated, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1128. Mary Louise Seay, aka, Mary Louise Derringer, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1273. Lewis Service Center, Inc., Petitioner v. Mack Trucks, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1374. John Cody, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1406. Wilfred H. Vance, Petitioner v. Whirlpool Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1413. Joseph C. Lemire, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 83-1438. Sophia E. Selman, Executrix of the Estate of Richard

J. Selman, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 83-1501. Alean Hester Faust, Administratrix of the Estate of

Charles Lonnie Faust, et al. , Petitioners v. South Carolina State High- way Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, JUNE 4, 1984 643

No. 83-1572. William Flannery, etc., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1581. Travis Ward, Petitioner v. Sentry Title Co., Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1640. G. C. Templeton, Jr., et ux., Petitioners v. Arsenal Savings Association, et al. Petition for writ of certiorari to the Court of Appeals of Indiana, Second District, denied.

No. 83-1653. Scripps-Howard Broadcasting Company, Petitioner v. Embers Supper Club, Inc. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 83-1661. Brooklyn Psychosocial Rehabilitation Institute, Inc.,

Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1664. William Baird, et al., Petitioners v. Francis X. Bellotti, Attorney General of Massachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-1666. Julian Emmett Turner, III, Petitioner v. Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1676. James E. Saunders, Petitioner v. John 0. Marsh, Jr., Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1682. Martin Steel Corporation, et al., Petitioners v. United States District Court for the District of Minnesota (Owatonna Elevator Company, et al., Real Parties in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-1686. Eastern Bancorporation, Petitioner v. Former Officers and Directors of Eastern Bancorporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1761. Charles M. Corwin, et al., Petitioners v. John F. Leh- man, Jr., Secretary of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1768. Karter R. Thomas and Karter R. Thomas, Inc., Peti-

tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 644 MONDAY, JUNE 4, 1984

No. 83-1772. Moye Wayne Woolard, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-1775. Edward D. Becker and Carretta Trucking Company,

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

No. 83-1780. Aaron Mark Zimmerman, Petitioner v. Grievance Com- mittee of the Fifth Judicial District of the State of New York, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1806. Theodore M. McAnlis, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1809. Lina F. Rhodes, Petitioner v. Richard J. Hogan, Jr. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1824. Melvin R. Jennings, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6252. Bobbie Jean Carter, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-6282. William Mothershed, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 83-6303. Thomas Leroy Johnston, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6358. Richard Worthing, Petitioner v. Thomas Israel, Super- intendent, Waupun Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6387. Carl Henry Howell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6391. Charles Albert Lacoste, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6427. William L. Thoma, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. MONDAY, JUNE 4, 1984 645

No. 83-6447. Anthony Hall, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-6480. Larry Wayne Jones, Petitioner v. James Mabry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6502. Carl Jerry London, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6548. Ralph Edward Palmer, Petitioner v. John Perko, Dep- uty Director, Colorado Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6550. Joseph M. Pires, Petitioner v. Grumman Aerospace Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6556. Robert Lee Buchman, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6558. John D. Gormon, Petitioner v. Gerard T. Frey, etc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6559. Arthur Frank Sanford, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-6560. Pedro Gonzales Munoz, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6561. Brian Rothschild, Petitioner v. Judges Letts, Downey, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-6562. Darlene Schmidt, Petitioner v. John David Schmidt. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 83-6564. Mario Santiago Salcedo, Petitioner v. New York. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 83-6569. Ronald Leroy Koehler, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. 646 MONDAY, JUNE 4, 1984

No. 83-6571. Charles Coleman, Petitioner v. Larry Spears, Warden, et aL Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-6572. William N. Holland, Jr., Petitioner v. Agriculture Fed- eral Credit Union, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit.

No. 83-6576. Mark Molasky, Petitioner v. George "Buzz" Westfall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6578. Angelo Hayes Palmer, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6585. Michael C. Antonelli, Petitioner v. Illinois, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 83-6586. Kenneth Bailey, Petitioner n United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-6597. Donald Jermosen, Petitioner v. Harold J. Smith, Superintendent,Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6598. Gregory Crutchfield, Petitioner v. Officer Fitzgerald, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-6605. William J. Noll, Petitioner v. Timothy Keohane, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-6619. Larry Raymond Smith, Petitioner v. Detective Brad- ford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6627. Francisco Cepero Alers, Petitioner v. Commonwealth of Puerto Rico, et al. Petition for writ of certiorari to the Supreme Court for the Commonwealth of Puerto Rico denied.

No. 83-6632. James Harrison Barham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6655. Willie Jasper Darden, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. Petition for MONDAY, JUNE 4, 1984 647 writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6657. Fred Landis, 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. 83-6659. Russell Kageler, et al., Petitioners v. Thomas Keohane,

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

No. 83-6667. Thomas Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6677. Calvin L. Hanson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6678. Barbara Hutchinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6681. Joe R. Rangel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6684. Ciriaco John Zullo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6686. Robert Lee Morrow, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6687. Istvan Kele, Petitioner v. Jack A. Hanberry, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6692. Pete Rutledge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 82-1758. Keith Milton Rhinehart, et al., Petitioners v. Seattle Times, et al. Petition for writ of certiorari to the Supreme Court of Washington denied. Justice White took no part in the consideration or decision of this petition.

No. 83-802. Burlington Northern Railroad Company, et al. , Petition- ers v. C. Michael Lennen, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Jus- 648 MONDAY, JUNE 4, 1984 tice O'Connor took no part in the consideration or decision of this petition.

No. 83-1662. Dennis J. Lewis, Petitioner v. Brown & Root, Inc. The motion of respondent for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1671. Orvil T. Braswell, et al., Petitioners v. Flintkote Mines, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Brennan took no part in the consideration or decision of this petition. Mandamus Denied

No. 83-6577. In Re Samuel L. Sommer, Petitioner; and No. 83-6592. In Re Kwasi M. Seitu, Petitioner. Petitions for writs of mandamus are denied. Rehearings Denied

No. 82-1186. Trans World Airlines, Inc., Petitioner v. Franklin Mint

Corporation, et al.; and

No. 82-1465. Franklin Mint Corporation, et al., Petitioners v. Trans World Airlines, Inc.;

No. 83-181. Baldwin County Welcome Center, Petitioner v. Celinda Brown;

No. 83-1375. Gloria D. Akin and Ted M. Akin, Petitioners v. George L. Dahl;

No. 83-6215. Robert Franklin Godfrey, Petitioner v. Robert Francis, Warden;

No. 83-6283. Pasquale J. Coleman, Petitioner v. Sussex County, et

al.;

No. 83-6284. Pasquale J. Coleman, Petitioners. Millsboro Township;

No. 83-6287. Ronald Herrington, Petitioner v. Met Coal and Coke Company, Inc.;

No. 83-6307. Royce Arlington Young, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections; No. 83-6308. Charles Curtis McPeek, Petitioner v Leo E. Green, et al.; and

No. 83-6393. Suchart Chanya, Petitioner v. United States. The petitions for rehearing are denied.

No. 82-708. Summa Corporation, Petitioner v. California ex rel. State Lands Commission and City of Los Angeles. The petition for re- MONDAY, JUNE 4, 1984 649 hearing is denied. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-243. Brown & Root, Inc., et al., Petitioners v. Billy Thornton, et al. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Tuesday, June 5, 1984, until Mon- day, June 11, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Elizabeth Anania Raleigh, NC Daniel Calvin Oakley Elaine Carlton Bachman Clayton, MO Anthony LeClaire AndersonA 1 Jeffrey J. Belovin Bronx, NY Howard Maizes Wm. G. Berry Dallas, TX Duane C. Aldrich Bert Neil Bisgyer Washington, DC Robert V. Schnabel Robert E. Borton San Francisco, CA M. Laurence Popofsky T. Peter Breslin Kenner, LA Robert M. Murphy Steven Dennis Brooks Johnstown, PA Michael W. Sahlaney Anderson Carter II Amarillo, TX Paul J. Kelly Jr. Joseph Michael Chambers Oyden, UT Burton H. Harris Alan Cameron Christian Mobile, AL Alex T. Howard Jr. Eligah Dane Clark Clinton, MD Winston Jackson Hughes Daniel Loren Cohen Atlantic City, NJ Steven P. Perski Brian Michael Collins Chicago, IL Michael E. Shabat Francis T. Connor Providence, RI Peter P. D'Amico Jay Contorer Deerfield, IL Kenneth K. Ditkowsky J. Richard Crawford Oklahoma City, Franklin Jay Kivel OK 650 MONDAY, JUNE 4, 1984

Applicant City and State Movant

Alan S. Dambrov Springfield, MA Irving D. Labovitz Ernest P. DeSimone Boston, MA Leo S. McNamara Wayne Buchanan Eads Raleigh, NC Wade M. Smith E. Dixon Ericson Charleston, WV Stanley E. Preiser Donald Edward Ervin Houston, TX Sherman Ross George Theron Finlayson Perry, GA Harry Judd Fox Jr. P. Douglas Folk Phoenix, AZ Joseph L McCabe Jr. Robert Alan Goldberg Providence, RI Anthony Gilbert Iannuccillo Edward William Goldstein Houston, TX William Donald Durkee Frank A. Graham Jr. Columbia, SC Joseph C. Coleman Ernestine Steward Gray New Orleans, LA William Jennings Jefferson Mark Alan Greenberger Cincinnati, OH Earl J. Goldsmith Jr. Louis R. Hanoian San Diego, CA C. George Deukmejian Spencer Herbert Hipp Fresno, CA Allen W. Teagle Henriette D. Hoffman New York, NY Barry Thomas Bassis Pamela S. Hollis ' Chicago, IL D. Kendall Griffith Barbara Howe Buffalo, NY Edgar C. NeMoyer David Mitchell Ivester San Francisco, CA John Briscoe Richard Preston Johnson Garland, TX James Ralph Jordan J. Michael Kelly Melbourne, FL Terrence D. O'Hare Thomas Lloyd Kemp Elkton, MD Harry Joseph Goodrick Robert M. Klein Miami, FL Edward A. Perse Wayne D. Landsverk Portland, OR Verne W. Newcomb John K. Lieberman Philadelphia, PA Stanford Shmukler MONDAY, JUNE 4, 1984 651

Applicant City and State Movant

Nolte Scott Ament Lilly Louisville, KY William Thomas Warner Daniel Lippman New York, NY William Anthony DeCicco Joseph J. Marciano San Diego, CA Grace K. Banoff Michael Stephen Marcus Washington, DC Joseph Semo Mark F. Marshall Rapid City, SD Joseph M. Butler Dorothy Bickel McCarter Helena, MT Margaret M. Joyce Johnson J. Lane Middleton III Fort Lauderdale, Richard Allen FL Sherman Sr. Joseph William Moreland Kansas City, MO John J. Blake William Allman Morrison Atlanta, GA Theodore S. Worozbyt Patrick H. O'Neill Saint Paul, MN Michael R. O'Brien Eric Michael Page Richmond, VA Richard M. Price Rebecca J. Patten Norman, OK Marvin B. York Robert Wallace Pierce Atlanta, GA John Lloyd Blandford Robert W. Pillsbury Nashua, NH David Keith Pinsonneault Ellen B. Pinnes Santa Fe, NM Richard J. Rubin David Hurtis Pope Atlanta, GA John Phillip MacNaughton Christopher D. Quale Minneapolis, MN Raymond Cross Richard Steven Roberts Somerville, NJ Jerome Rosenstock David E. Ross Cincinnati, OH Judge John W. Peck Catherine Hunt Ruddy Los Angeles, CA Earl Clinton Adams Rick M. Schoenfield Chicago, IL John Seelig Elson Peter M. Shane Iowa City, IA Barbara A. Schwartz Harold Morton Shaw III Glenside, PA William Anthony DeCicco Ray Nelson Stevens Columbia, SC Joe L. Allen Jr. Michael J. Tully Somerville, NJ Leroy G. Sinn Patrick Joseph Wack Akron, OH G. Jerry Casalinova 652 MONDAY, JUNE 4, 1984

Applicant City and State Movant

John A. White Los Angeles, CA Thomas Long Flattery David Edwin Wickland Munster, IN Joseph Scott VanBokkelen Randall Eugene Yontz Columbus, OH Alan Craig Travis

Admissions to the Bar on Oral Motions

Applicant City and State Movant

W. Thompson Thorn III Clearwater, FL Lawton M. Chiles Jr. Dennis R. Kramer Hammond, IN Judge Roger Heyl Jones Richard Anthony Wier Clayton, MO Penny Quinn Seaman Donald Gilbert Isaacson Phoenix, AZ Robert A. McConnell Samuel Earle Clark Omaha, NB Francis Owen McDermott Richard G. Stewart Jr. Shreveport, LA Thomas Carlisle Watson Jr. William Steven Bozeman Biloxi, MS Thomas Carlisle Watson Jr. George Mills Conway III Haddonfield, NJ Frank M. Lario Jr. Daniel James DiStasi Haddonfield, NJ Frank M. Lario Jr. Richard Michael Flynn Gloucester City, Frank M. Lario NJ Jr. Stephen Mark Hiltebrand Erlton, NJ Frank M. Lario Jr. Andrew Joseph Karcich Cherry Hills, NJ Frank M. Lario Jr. David Scott Kouser Cherry Hill, NJ Frank M. Lario Jr.

Marshall E. Kresman Cherry Hill, NJ Frank M. Lario Jr. Jo Ann A. Laughlin Haddonfield, NJ Frank M. Lario Jr. MONDAY, JUNE 4, 1984 653

Applicant v_yity ana otate Movant

Michael D. Miller Haddon Heights, Frank M. Lario NJ Jr. George R. Piperno Pennsauken, NJ Frank M. Lario Jr. Alan L. Schwalbe Voorhees Frank M. Lario Township, NJ Jr. Howard Nat Sobel Cherry HiU, NJ Frank M. Lario Jr.

Robert J. Wiltsee Sewell, NJ Frank M. Lario Jr. William G. Wright Bellmawr, NJ Frank M. Lario Jr. Barry Edward Yellin Cherry Hill, NJ Frank M. Lario Jr. Dorothy K. Phillips Philadelphia, PA Frank M. Lario Jr. Alexander William Ross J Philadelphia, PA Frank M. Lario Jr. John Reese Evans III Willcox, AZ Alice Louise O'Donnell Jay Martin Siegel Washington, DC Alice Louise O'Donnell Daniel F. Carbone Fort Lauderdale, Alice Louise FL O'Donnell Rick A. Mason Joliet, IL Alice Louise O'Donnell Douglas Wayne Smith Chicago, IL Alice Louise O'Donnell Thomas E. McDonald III Louisville, KY Alice Louise O'Donnell Jude Joseph Landrum New Orleans, LA Alice Louise O'Donnell Richard Anthony Seid Olney, MD Alice Louise O'Donnell James Allan Borchers St. Charles, MO Alice Louise O'Donnell James David Scherzer Kansas City, MO Alice Louise O'Donnell 654 MONDAY, JUNE 4, 1984

Applicant City and State Movant

Nathanya Guritzky Silcox Belleville, NJ Alice Louise O'Donnell William Alan Beck Cleveland, OH Alice Louise O'Donnell Dean Gerald Pavick Akron, OH Alice Louise O'Donnell Jennifer L. Skord Chardon, OH Alice Louise O'Donnell Linda S. Stukey Dayton, OH Alice Louise O'Donnell William Harvey Hinkle Tulsa, OK Alice Louise O'Donnell Charlene Tholey Eagan Philadelphia, PA Alice Louise O'Donnell Linda K. Mowson Ludgate Reading, PA Alice Louise O'Donnell Nadia Rae Venable Calvert Houston, TX Alice Louise O'Donnell Gerald Wilson Nelligar Virginia Beach, Alice Louise VA O'Donnell Charles P. Seibold Madison, WI Alice Louise O'Donnell

Opinions

No. 80, Original. State of Colorado, Plaintiff v. State of New Mexico and Paul G. Bardacke, Attorney General of New Mexico. On Excep- tions to the Report of the Special Master. The Exceptions to the Special Master's Report by New Mexico are sustained and the case is dismissed. Opinion by Justice O'Connor. Dissenting opinion by Justice Stevens.

No. 83-458. John R. Block, Secretary of Agriculture, et al., Petition- ers v. Community Nutrition Institute, et al. 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 O'Connor. Justice Stevens took no part in the decision of this case. No. 82-1248. Ellen Schall, Commissioner of New York City Depart- ment of Juvenile Justice, Appellant v. Gregory Martin, et al., and MONDAY, JUNE 4, 1984 655

No. 82-1278. Robert Abrams, Attorney General of New York, Ap- pellant v. Gregory Martin, et al. Appeals from the United States Court of Appeals for the Second 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 Rehnquist. Dissent- ing opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join.

Adjourned until tomorrow at at 10 o'clock. x

(JOURNAL) TUESDAY, JUNE 5, 1984 657 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 82-973. Immigration and Naturalization Service, Petitioner v. Predrag Stevic. On writ of certiorari to the United States Court of Ap- peals 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 Stevens.

No. 82-1071. Aluminum Company of America, et al., Petitioners v. Central Lincoln Peoples' Utility District, 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 Blackmun. Dissenting opinion by Justice Stevens.

No. 82-1643. Interstate Commerce Commission, et al., Petitioners v. American Trucking Associations, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Eleventh 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 O'Connor with whom Justice Blackmun, Justice Powell, and Justice Stevens join.

Adjourned until Monday, June 11, 1984 at 10 o'clock. x

(JOURNAL) THURSDAY, JUNE 7, 1984 659 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-974. Wisconsin Elections Board, et al., Applicants v. Republi- can Party of Wisconsin, et al. The application for stay of the mandate of the United States District Court for the Eastern District of Wisconsin presented to Justice Stevens and by him referred to the Court is granted pending the timely docketing and final disposition of the appeal.

(JOURNAL) MONDAY, JUNE 11, 1984 661 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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."

Appeals—Summary Disposition

No. 83-1021. Equal Employment Opportunity Commission, Appel- lant v. Allstate Insurance Company. Appeal from the United States District Court for the Southern District of Mississippi. The appeal is dismissed for want of jurisdiction. Dissenting opinion by the Chief Jus- tice with whom Justice O'Connor joins.

No. 83-1700. Fredrick Blum, et al., Appellants v. Edward J. Rosewell, etc. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of a substantial federal question.

No. 83-1711. Albrecht, Inc., et al., Appellants v. Village of Hudson. Appeal from the Supreme Court of Ohio. The appeal is dismissed for want of a substantial federal question.

No. 83-6591. Ratimir Maximilian Pershe, Appellant v. Enrique

Irizarry, etc., et al. Appeal from the Superior Court of Puerto Rico Aguadillo Part. The appeal is dismissed for want of jurisdiction. Treat- ing the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Certiorari—Summary Disposition

No. 82-707. Aberdeen and Rockfish Railroad Company, et al., Peti- tioners v. United States, et al.; and

No. 82-804. National Motor Freight Traffic Association, Inc., Peti- tioner v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit. The petitions for writs of certiorari are granted. The judgment is vacated and the cases are remanded to the United States Court of Appeals for the Fifth Cir- cuit for further consideration in light of Interstate Commerce Commis-

sion v. American Trucking Associations, Inc., 467 U.S. (1984). 662 MONDAY, JUNE 11, 1984

Orders in Pending Cases

No. . In the Matter of Admission of Larry Warner. The application for admission to the Bar presented to Justice White and by him referred to the Court is granted. Dissenting opinion by the Chief Justice.

No. D-412. In the Matter of Disbarment of Carl S. Spitznagel, Jr.. Disbarment order entered. No. D-418. In the Matter of Disbarment of Floyd Witherspoon An- derson. Disbarment order entered.

No. D-435. In the Matter of Disbarment of William Davis Mann. It is ordered that William Davis Mann, of Akron, 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-436. In the Matter of Disbarment of Charles P. Howard, Jr.. It is ordered that Charles P. Howard, Jr., 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-437. In the Matter of Disbarment of Alexander Feinberg. It is ordered that Alexander Feinberg, of Haddonfield, 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-438. In the Matter of Disbarment of Joseph Richard Guardino. It is ordered that Joseph Richard Guardino, of East Williston, 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-439. In the Matter of Disbarment of Julius M. Gerzof. It is ordered that Julius M. Gerzof, of Freeport, 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 New Mexico to remand the case to the Special Master is denied. The Exception of New Mexico to the Report of the Special Mas- ter is overruled. The Report and Recommendation of the Special Mas- ter is approved. MONDAY, JUNE 11, 1984 663

No. 82-5920. Kevin Micheal Shea, Petitioner v. Louisiana. The motion for appointment of counsel is granted and it is ordered that Frances Baker Jack, Esq., of Shreveport, Louisiana, is appointed to serve as counsel for the petitioner in this case. No. 83-727. Lamar Alexander, Governor of the State of Tennessee, et al., Petitioners v. Rosier Jennings, 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. 83-990. School District of the City of Grand Rapids, et al., Peti- tioners v. Phyllis Ball, 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. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H. Thurston, et al.; and

No. 83-1325. Air Line Pilots Association, International, Petitioner v. Harold H. Thurston, et al. The motion of Chamber of Commerce of the United States of America for leave to file a brief as amicus curiae is granted.

No. 83-1158. Estate of Donald E. Thornton and Connecticut, Peti- tioners v, Caldor, Inc. The motion of Anti- Defamation League of B'nai

B'rith for leave to file a brief as amicus curiae is granted. The motion of

Seventh-Day Adventist Church for leave to file a brief as amicus curiae is granted. The motion of Americans United for Separation of Church and State for leave to file a brief as amicus curiae is granted.

No. 83-1307. United States, Petitioner v. Betty Lou Powell. The motion for appointment of counsel is granted and it is ordered that John J. Geary, Esquire, of San Diego, California, is appointed to serve as counsel for the respondent in this case.

No. 83-5424. Glen Burton Ake, Petitioner v. Oklahoma. The motion of New Jersey Department of the Public Advocate for leave to file a brief as amicus curiae is granted. The motion of American Psychiatric Association for leave to file a brief as amicus curiae is granted. The motion of American Psychological Association, et al. for leave to file a brief as amid curiae is granted. 664 MONDAY, JUNE 11, 1984

No. 83-6035. William T. Taylor, et al., Petitioners v. United States. The motion of petitioners for leave to proceed in forma pauperis is denied. Petitioners are allowed until July 2, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in

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

No. 83-6061. Jose Garcia and Francisco Garcia, Petitioners v. United States. The motion of petitioners to dispense with printing the joint appendix is granted.

No. 83-6628. William J. Lyons, Petitioner v. U.S. Air Force, et al. The motion of petitioner for leave to proceed in forma pauperis is de-

nied. Petitioner is allowed until July 2, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Certiorari Granted

No. 82-1832. Town of Hallie, et al., Petitioners v. City of Eau Claire. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al.,

Petitioners v. United States. Petition for writ of certiorari to the U. S. Court of Appeals for the Eleventh Circuit(former 5th Circuit) granted.

No. 83-1708. Dean Witter Reynolds Inc., Petitioner v. A. Lamar Byrd. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted.

No. 83-1249. John Cary Sims and Sidney M. Wolfe, Petitioners v. Central Intelligence Agency and William J. Casey, Director, Central Intelligence Agency. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. The case

is consolidated with No. 83-1075, CIA v. Sims, and a total of one hour is allotted for oral argument. MONDAY, JUNE 11, 1984 665 Certiorari Denied

No. 82-1827. American Trucking Associations, Inc., et al., Petition-

ers v. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-154. Title Insurance Rating Bureau of Arizona, Inc., Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1351. Andres Alonso, Jr., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1430. J. Baranello & Sons, Petitioner v. City of Paterson, et

al.;

No. 83-1683. Consolidated Precast, Inc. , Petitioner v. City of Pater-

son, et al.; and

No. 83-1725. Independent Electrical Co. , Inc. , Petitioner v. City of

Paterson, et al. Petitions for writs of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 83-1463. Miriam Billings Ledesma, Petitioner v. Georgia; and

No. 83-1578. Wesley Merritt, Petitioner v. Georgia. Petitions for writs of certiorari to the Supreme Court of Georgia denied.

No. 83-1520. Local 222, International Ladies' Garment Workers'

Union, AFL-CIO, Petitioner 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. 83-1539. Patricia C. Carroll, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1577. Paul DeFiore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-1599. Carl Holder, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 83-1652. Papago Tribal Utility Authority, Petitioner 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. 666 MONDAY, JUNE 11, 1984

No. 83-1663. Alan H. Schafer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1668. Fred Moskowitz and Clarence Koltun, Petitioners v.

SaulJ. Morgan Enterprises, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1670. American Motors Corporation, Petitioner v. Samuel C. Hanna. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 83-1680. Lawrence Lawless, Petitioner v. Robert Pierce, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 83-1681. Clinton P. Caron, Petitioner v. Bangor Publishing Com- pany. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 83-1684. Sergius Bryner, et al., Petitioners v. Security Pacific

National Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 83-1689. Kay J. Brown, Administratrix of the Estate of Edward

Carol Brown, et al. , Petitioners v. Patricia Ann Brown, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-1690. Jolene Gustafson, Petitioner v. Board of Governors,

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

No. 83-1698. D. E. Rogers Associates, Inc., et al., Petitioners v. Gardner-Denver Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-1705. James W. Pekarski, Individually and as President, Board of Commissioners, Township of Bristol, et al., Petitioners v. Abraham K. Abraham. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1707. R. Rothmann, et al, Petitioners v. M.V. Resolute, In Rem, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1709. Sheldon Stein, Petitioner v. Angelo Gagliardo. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-1717. Alabama Surface Mining Reclamation Commission, Pe- titioner v. Commercial Standard Insurance Company. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied. I

MONDAY, JUNE 11, 1984 667

No. 83-1720. Ralph Korn and Alex Siegel, Petitioners v. Rabbinical

Council of California, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 83-1724. Louise C. Griffis, Petitioner v. Delta Family-Care Dis- ability and Survivorship Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 83-1730. Sea-Hire Service, S.A., Petitioners. Trinidad Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-1742. James C. Scott, et al., Petitioners v. Betty Jane Siebel,

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

No. 83-1769. John Burche, aka loan Burche, Petitioner v. John S. Walters and Virginia L. Walters. Petition for writ of certiorari to the Court of Appeals of Iowa denied.

No. 83-1773. Kathleen Eilerson and George Gardener, Petitioners v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 83-1787. Deborah Robinson, et vir, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1795. Todd Pacific Shipyards and Aetna Casualty and Surety

Company, Petitioners v. Director, Office of Workers Compensation Programs, United States Department of Labor and Elbridge Stevens, III. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1802. Charles L. Daniel, et al., Petitioners v. Rush Pettway, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-1808. Ninety-Two Point Seven Broadcasting, Inc. , et al. , Pe-

titioners v. Hanover Radio, Inc. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 83-1810. Stanley Miller, Petitioner v. Port of Ilwaco, et al. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi-

sion 2, denied.

No. 83-1821. Frances Levenson, Petitioner v. Margaret M. Heckler, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 668 MONDAY, JUNE 11, 1984

No. 83-1828. Nicholas Sperling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. No. 83-1857. Kaiser Aluminum & Chemical Corporation, Petitioner v. Harris A. Parson. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1861. Allegheny Mutual Casualty Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 83-1866. Elbert Erkins, Samuel Denson, and Perry Culpepper,

etc., Petitioners v. United Steelworkers of America, AFL-CIO-CLC, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-5286. Barry Mills, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 83-6237. Joseph Lewis Walker, Petitioner v. United States Pa-

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

No. 83-6263. Michael A. Hood, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6270. Arthur Bernard Hayes, Petitioner v. Michael V. Mignano, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6353. Gabriel A. Bury, Petitioner v. Peter N. Macaluso, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6384. James D. Cherry, Petitioners R.C. Marshall, Superin- tendent, Southern Ohio Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6409. Dennis Ramos, Petitioner v. Charles Scully, Superin-

tendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6424. Daniel Atalig, Petitioner v. Commonwealth of the Northern Mariana Islands. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, JUNE 11, 1984 669

No. 83-6438. Hugh L. Fant, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western Dis- trict, denied.

No. 83-6463. Michael Rizzio, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 83-6476. Ray Girdler, Jr., Petitioners Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 83-6594. Richard P. Viccarone, Petitioner v. North Olmstead Po- lice Department. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6603. Frank Sena, Jr., Petitioner v. Harvey Winans, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 83-6609. Nathaniel Tony Gee, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 83-6612. Otis Dawson, Petitioner v. Ross Maggio, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6614. Clarence J. Tillis, Petitioner v. James C. Cooke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6615. Ramon Pedro Hernandez, Petitioner v. David Spencer, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6618. Edmund C. Smith, Petitioner v. Robert Carroll. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 83-6621. Henry Remson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6630. Robert Edward Lipscomb, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Supreme Court of Michigan denied.

No. 83-6643. Gregory Reilly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6664. Thomas Berry, Jr., Petitioner v. Dale Foltz, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 670 MONDAY, JUNE 11, 1984

No. 83-6669. Robert Bartels, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 83-6682. James Alfred Parker, Petitioner v. Joseph S. Petrovsky, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-6691. Tito Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6700. Tyrone Hiawatha Lee, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6701. Anthony Lawrence LaRoche, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-6703. James Hildebrand, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6705. Carl Junior Burris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6710. Bobby J. Stinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6711. Dennis McKiness, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 83-6719. Lynne Blake, Petitioner v. Sol Goldman, etc., et al. Pe- tition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-6720. James Edwin King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6721. Agostino Carlucci, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6725. Andrew L. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6726. John Palmer, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. MONDAY, JUNE 11, 1984 671

No. 83-6729. Juanita Ross Browning, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-6730. Robert Earl Hines, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 83-6731. Roger Jourdan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6734. Michael C. Antonelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1309. John Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Brennan would grant certiorari.

No. 83-1468. Richard Durant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Brennan would grant certiorari.

No. 83-6589. Olan Randle Robison, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6736. Terry Melvin Sims, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. Rehearings Denied

No. 83-998. Foley Construction Company, Petitioner v. U.S. Army Corps of Engineers, et al.;

No. 83-1465. Fyke Farmer, Appellant v. Board of Professional Responsibility of the Supreme Court of Tennessee;

No. 83-5995. Walter Key Williams, Petitioner v. Texas;

No. 83-6297. June Underwood, Appellant v. Ohio;

No. 83-6397. William Gibbs Hyman, Petitioner v. South Carolina;

No. 83-6416. Iverson Broadway, Petitioner v. United States;

No. 83-6485. P.V.N. Acharya, Petitioners. Edwin Young, et al.; and No. 83-6498. Norman Z. Flick, Petitioners. United States. The petitions for rehearing are denied. Recess Order

The Court will take a recess from Tuesday, June 12, 1984, until Mon- day, June 18, 1984. 672 MONDAY, JUNE 11, 1984 Admissions to the Bar on Written Motions

Applicant City and State Movant

Sam K. Abdulaziz Los Angeles, CA Ralph Jason Temple Emry James Allen Sacramento, CA James Duncan Skow Lloyd Yoshinobu Asato Honolulu, HI Morio Omori James Paul Aynes Corona del Mar, Leonard D. CA Brinley Duane Alan Baker El Paso, TX William James Derrick Brian Alan Bild St. Louis, MO Leo Edward HiicKnon Jr. John Richard Bird St. Louis, MO Harry F. Swanger Gerald S. Boisits Milwaukee, WI Robert B. Peregrine Richard D. Brady Tampa, FL Charles P. LockwoodT 1 J

XT * x T> A Thomas C. Branca Norristown, PA Richard J. HodgsonXT _ J James Edward Brenner Detroit, MI Richard Ford Larry Alan Campagna Houston, TX Robert Ingram WhiteTxrt_ *j. Michael M. Carlson San Francisco, CA Melvin Robert Lroioman Tamtam TTl TT jLM-jkll James Bradford Croy Midwest City, OK James r . Howell

HIT ' TT Norma Ann Dawson Los Angeles, CA Marvin H. TT% • 1 Kleinberg

T A 1 /I A David Timothy Daze Los Angeles, CA Edgar L. Fraser

1 T T John M. DiJoseph Arlington,A 11 VAA Harold Lewis INOV1CK

iviarc r. r airman oan r rancisco, iwuert u. i\aven

neitn xtooert r isner KOCKVllle, lYLJJ Joseph M. Hassett xvurx a. r ranK Milwaukee, WI rtoDert d. Peregrine

David J. Franks Detroit, MI Vicky W. Buckfire Bobby L. Freeman Palestine, TX Jerry L. Calhoon MONDAY, JUNE 11, 1984 673

Applicant City and State Movant

David I. Garrett Jr. Monroe, ±jJ± Merwin McGehee Brandon Jr. John Stephenson Gillig ijexingxon, ivi James B. Stephenson "NTT lydVlU Jj. iJ-dJ I IIS Tvon+rm Raymond Ignatius Korona

.L/UildlLl JU. lid Vci Illdllll VV dolllilg LUil, LJ\j Harry Anthony Rissetto

J-'ctvlll PidillvJJ.Il Xxcilolcjf wildULdilUUgd,f!hattanoocra TNHi Thomas Alan Harris T~)av~iH A Honking Littlp Rock AR Stephen Eugene Safly John Nohlp TinHno Tucson AZ A. Alan Hanshaw Mark F Kalina Whpaton IL Richard M. Guerard Ernest L. Keathley Jr. St. Louis County, Joseph B. Moore MO Paul Norman TCpIIpt* Chicaco TL John E. Owens Jr. Tjityipq U dlllCo FrlwinXjLlWiil XVClllljrTfprmv MilwunlrppiVlil W ctUxvc", WTVV J. Robert B. Peregrine Lonnip Rav TCnowlps Houston TX Marjorie Ann Wilhelm

Stpnhpnutcpiicn XTX.TVT IllKVi^toviphiOLU V Itll T,o«» AtictpIp^ (~!A William Alden McDaniel Jr. Edward L. Lasseter Jr. Mobile, AL A. Neil Hudgens Edward R. Leahy Washington, DC Charles Glaston Cole Robert Charles Lear Stroudsburg, PA Mark Steven Love Myles Avery Lenhoff Long Beach, CA James Patrick Spellman Kenneth Michael Lvons Washinfrton DC George Kaufmann

PaulX dU.1 XV.P ITJ-CIXMarcus\~ U.O lYXiCHlll,Miami XFLXJ Stanley J. Krieger Julian L. Mason III Anchorage, AK Douglas B. Baily Margaret Ellen McConnell Washington, DC Attorney General William French Smith James Cecil McGuire Dayton, OH Michael Wendell Mutek ,

674 MONDAY, JUNE 11, 1984

Applicant City and State Movant

Charles A. Medearis St. Petersburg, Ernest P. Jenkins FL Douglas Kemp Mertz Juneau, AK Ronald Walter Lorensen Robert Dale Metcalf Minneaoolis MN Robert Z Lewis

" Phillip H. Miller NashvilleX CC Oil V lilv^ j TN111 ChaHps Raulston Ray

Gordon C. Moosbrugger StK~J v< • PaulX U MNXTX.X 1 RichardIVlvllUl VX XX.*A XTJLVsVSXMoore

MacArthur Moten St Louis MO RavmondHO V lllVyllvi XmKJTTowardVV CXX \X Jr.

Jacquelyn P. Needelman xNorth1 v/x LII XrJ.xCti.llxMiami XPaulCl Li. 1 XX.A e GrrmsV_i X UOO Beach, FL Leonard Michael Quittner Reading, PA Harvey Goldstein Walter A. Record III T-Tnnt^villp ATi Ford Winship Ely Rees Lawrenceville Judge Reid GA Mprritt Luis Ernesto Rivera- Miami TTT, UctvlU OjJlcgcl Montalvo Patricia Driver Rogers uxioru, iVlo men n. udviason

Daniel Francisco Sanchez IjOS ringeies, v_/ri rvUIlalu d UIlll Skocypec Risa D. Sandler wasningxon, u\j uaniei v^an Schwartz Lynn Lincoln Sarko Washington, DC Kenneth A. Letzler

Jonathan D. Schiffman r miaueipnia, rt\ ijawara Lr. Kenaell

Leo Lawrence Sergi riuntmgtown, 1V1JJ Wilham Herschel Lamb Troy Bradley Smith Los Angeles, CA Joshua Thomas uiilelan ll

Til- "I J 1 1- * T> A Mark Elliott Squires Philadelphia, PA William J. Taylor David Stafford Santa Fe, NM J. Thomas Sullivan James William VanDeilen Toledo, OH James Douglas Bates Stephen M. Vaughan Houston. TX Sidney L. Ravkind MONDAY, JUNE 11, 1984 675

Applicant City and State Movant

Jeffrey Steven Weiss Pittsburgh, PA Robert Allen Seewald John Lawrence Williams Kansas City, MO James R. Wyrsch Lesley Salter Williams Carlsbad, NM James L. Dow Norris David Wolff New York, NY Paul Martinson Charles Howard Younger Huntsville, AL Ralph Hunter Ford Michael John Zopf Champaign, IL Thomas J. Difanis Larry Warner Port Isabel, TX Joseph A. Connors III

Opinions

No. 83-328. James Mabry, Commissioner, Arkansas Department of

Correction, Petitioner, v. George Johnson. 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. 83-372. Franchise Tax Board of California, Appellant v. United States Postal Service. Appeal from 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 Stevens.

No. 83-904. Ohio, Petitioner v. Kenneth M. Johnson. On writ of certiorari to the Supreme Court of Ohio. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehnquist. Opinion by Justice Brennan concurring in part and dissenting in part. Dissent- ing opinion by Justice Stevens with whom Justice Marshall joins.

No. 83-305. California, Petitioner v. Albert Walter Trombetta, et al. On writ of certiorari to the Court of Appeal of California, First Appel- late District. Judgment reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Marshall. Concurring opinion by Justice O'Connor.

No. 82-1577. Michigan Canners and Freezers Association, Inc., et

al., Appellants v. Agricultural Marketing and Bargaining Board, et al. Appeal from the Supreme Court of Michigan. Judgment reversed and 676 MONDAY, JUNE 11, 1984 case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Brennan.

No. 82-1651. Crispus Nix, Warden, Petitioner v. Robert Anthony Williams. 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 the Chief Justice. Concurring opinion by Jus- tice White. Opinion by Justice Stevens concurring in the judgment. Dis- senting opinion by Justice Brennan with whom Justice Marshall joins.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

David Louis Slate Washington, DC Solicitor General Rex E. Lee Carol Lynn Chomsky Washington, DC Judge Spottswood W. Robinson III James Lee Racusin Winnetka, CA Jan Horbaly Gerald Thomas Richardson Los Angeles, CA Jan Horbaly Patricia A. Dempsey Melville, NY Robert Logue Folks Ronald R. Sussman Commack, NY Robert Logue Folks Elizabeth L. Allen Encinitas, CA Linda Kay Davis John Bernard Gontrum Baltimore, MD David E. Fox Joseph Charles Girard Los Angeles, CA Raul Robert Tapia Lawrence Frederick Smith Radcliff, KY Tim Futrell Stephen Robert Campbell Cypress, CA Solicitor General Rex E. Lee Richard William Danforth Washington, DC Solicitor General Rex E. Lee Jessica Allegra Seigel Washington, DC Solicitor General Rex E. Lee David Robert Siddall Washington, DC Solicitor General Rex E. Lee Maggie Ann Wagman Washington, DC Solicitor General Rex E. Lee William Bradley Short Jr. Lexington, KY Solicitor General Rex E. Lee MONDAY, JUNE 11, 1984 677

Applicant City and State Movant

Elizabeth Buchanan Bazan Bethesda, MD Solicitor General Rex E. Lee Henry Allen Cohn Gaithersburg, MD Solicitor General Rex E. Lee Linda Anton Kincaid Frederick, MD Solicitor General Rex E. Lee Stuart Hayden Deming Kalamazoo, MI Solicitor General Rex E. Lee Jeanne Moorman Carter Choctaw, OK Solicitor General Rex E. Lee Dorothy Allene Lawson Oklahoma City, Solicitor General OK Rex E. Lee John Robert Morris Lawton, OK Solicitor General Rex E. Lee Jerome T. Dempsey Philadelphia, PA Solicitor General Rex E. Lee N. Reese Bagwell Jr. Clarksville, TN Solicitor General Rex E. Lee Gerson D. Bloom Galveston, TX Solicitor General Rex E. Lee Gregory Joseph Houston, TX Solicitor General Sergesketter Rex E. Lee Laura Rothenberg Haug Salt Lake City, Solicitor General UT Rex E. Lee Stephen Hugh Barber Annandale, VA Solicitor General Rex E. Lee Richard K. Cacioppo Sr. Woodland Hills, Anthony J. CA Cutrona Brian Christopher Massolo San Francisco, CA Anthony J. Cutrona

Judith Marie Cannavo Indianapolis, IN Anthony J. Cutrona Anthony Joseph Corizzi Indianapolis, IN Anthony J. Cutrona Louis C. Bosco Jr. Farmington Hills, Anthony J. MI Cutrona Carol Ann Martinelli Detroit, MI Anthony J. Cutrona , .

0 ( O MONDAY, JUNE 11, 1984

Applicant City and State Movant

A nt Vi nni' C "Pontes Tv A nt nATiT T .r^JlLHUIl \ . JTcIiLd elx. .L/C LI U1L, ^.tll .TVllLllUIlS J . Cutrona

J^-UOLiil U, r CI lULLd J_>1UUII1I1C1U 11 HIS A nt n An*.* T MI Cutrona

A nt h An *,* T L dUJl V ILIdllU OL. V^icLLL OIlUICo, .TVIiLIlUIlN 0 . MI Cutrona Ynrk A nt n Am* T . Mpw J Uccpil X JTLLUcUlCSC MY rvIlLIlOIlN J . Cutrona f ovnl Tn m o n t "i A vr>m*i WVn'fp Plain;: A nt n att\* T V, dl UI r UIIldilLI -rvILLLLl >> ILLLc rldlll^, W1 riJlLI10Il\ J . Cutrona A nf n Am* T ± L cLl Iri. U . J\l L ILL 1 .*\c\\ 1 UI K, ^.N X Cutrona A nf n Am* T IvOfcfc ALdLlilc\\ DI dilLd C W 1 UI K. .JN I rVllLIlOIlN -J . Cutrona

N o*.i," > avl* NT "Y A n Am* T dl Id 1. V_ dllUcldl Id >.> C\\ 1 UI IN 1 Cutrona

T OTTT'Ci'n/lQ | omit A A nt n Am* T \Jp\v^.N c>\ YnrL'1 Ul h.. i>MY1 Cutrona

*. VAA L" 1 ~n V \ A T rvilgcid CUldLc UlUU DxUUJUjrlljR IN 1 titnAm* Cutrona

Vat,- \ nth Am* T rvooen uemoia IS e \S Vovlr1 01 K, MYIN I rTjiinon} j Cutrona PvnnlrK-ri MY AntnAm* T vjrt?l diU J . Ul^nidld JDI 00K1\ 11, IN 1 JTJ1Li10I1\ J . Cutrona

r-* nTTOVn 11 r*> n C"/1A A nth An** T HUudlQ U. r LlsCO JDIRvaaI'I^tiOOKiyil. ISMY1 Cutrona

r I ailK J . -L.lv Oil iviineoia. i> l jijiinon} j . Cutrona RvaaI'Itti MY IVLcu Id L . iXLSu meiio .DlOOKiyn, IN I ^nmon\ j . Cutrona

\ mcent j. Jiartoiand IS Q\S 1 01 K. j.N 1 rininon^ j Cutrona

Richard J. McCord Glen Cove, NY Anthony J. Cutrona Chaises Daniel Miele Brooklyn, NY Anthony J. Cutrona

Anthony J. Montiglio New York. NY Anthony J. Cutrona MONDAY, JUNE 11, 1984

Applicant City and State Movant

Lawrence D. Moringiello Brooklyn, NY Anthony J. Cutrona Joan Mouganis New York, NY Anthony J. Cutrona Robert J. Musso Brooklyn, NY Anthony J. Cutrona Thomas C. Palermo Brooklyn, NY Anthony J. Cutrona James Patrick Pepe New York, NY Anthony J. Cutrona Albert W. Petraglia New York, NY Anthony J. Cutrona Joseph A. Salvo New York, NY Anthony J. Cutrona Vincent Peter Taranto Glen Cove, NY Anthony J. Cutrona

Adjourned until tomorrow at 10 o'clock.

(JOURNAL) TUESDAY, JUNE 12, 1984 681 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 82-1213. New York, Petitioner v. Benjamin Quarles. On writ of certiorari to the Court of Appeals of New York. Judgment reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehn- quist. Opinion by Justice O'Connor concurring in part in the judgment and dissenting in part. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join. No. 82-1579. Hayfield Northern Railroad Company, Inc. and Minne- sota, Appellants v. Chicago and North Western Transportation Com- pany. Appeal from 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 Marshall.

No. 82-206. Firefighters Local Union No. 1784, Petitioner v. Carl W. Stotts, et al.; and

No. 82-229. Memphis Fire Department, et al. , Petitioners v. Carl W.

Stotts, etc. , et al. On writs of certiorari to the United States Court of Appeals for the Sixth 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 White. Concurring opinion by Justice O'Connor. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Blackmun with whom Justice Bren- nan and Justice Marshall join.

No. 82-432. Local No. 82, Furniture and Piano Moving, Furniture Store Drivers, Helpers, Warehousemen and Packers, et al., Petitioners v. Jerome Crowley, et al. 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 Brennan. Dissenting opinion by Justice Stevens.

No. 83-297. Armco Inc., Appellant v. David C. Hardesty, Jr., State Tax Commissioner of West Virginia. Appeal from the Supreme Court of 682 TUESDAY, JUNE 12, 1984

Appeals of West Virginia. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Powell announced by the Chief Justice. Dissenting opinion by Justice Rehnquist.

Adjourned until Monday, June 18, 1984 at 10 o'clock. x (JOURNAL) MONDAY, JUNE 18, 1984 683 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Powell, and Justice Stevens. Justice Brennan said: "Today's orders of the Court have been certified by me, filed with the Clerk, and will not be announced orally."

Appeals—Summary Disposition

No. 83-1096. Gomez-Hermanos, Inc., Appellant v. Secretary of the Treasury of Puerto Rico. Appeal from the Supreme Court for the Com- monwealth of Puerto Rico. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Justice White, Justice Black- mun and Justice Rehnquist would postpone further consideration of the question of jurisdiction until the hearing of the case on the merits.

No. 83-1196. American Trucking Associations, Inc., et al., Appel- lants v. New York State Tax Commission, et al. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question.

No. 83-1764. L. D. Butler, Inc., Appellant v. Philip R. Ashley, Indi- vidually and dba Phil Ashley Trucking. Appeal from the Court of Ap- peal of California, Second Appellate District. The appeal is dismissed for want of a substantial federal question.

No. 83-1540. Elmer Lester, et al., Appellants v. Earl F. McGill. Ap- peal from the Court of Appeals of Idaho. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken

as a petition for writ of certiorari, certiorari is denied.

No. 83-6339. Kenneth Hanson, Appellant v. Illinois. Appeal from the Appellate Court of Illinois, Fifth District. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

Orders in Pending Cases

No. . Kenneth R. Amidon, et al., Petitioner v. Casper Weinber- ger, Secretary of Defense, et al. The motion to direct the Clerk to file a petition for writ of certiorari that does not comply with the Rules of the Court is denied. 684 MONDAY, JUNE 18, 1984

No. . Chevron, U.S.A., Inc., Petitioner v. Jay S. Hammond, et al. The motion to direct the Clerk to file the petition for writ of certiorari, out-of-time, is denied.

No. 82-976. California, Petitioner v. Roscoe Howard, Jr. The respondent is requested to file a response to the petition for rehearing within thirty days.

No. 83-240. Lawrence County, et al., Appellants v. Lead-Deadwood School District No. 40-1. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. No. 83-727. Lamar Alexander, Governor of the State of Tennessee, et al., Petitioners v. Rosier Jennings, et al. The motion of respondents to substitute Hershel Choate for Rosier Jennings, now deceased, is granted.

No. 83-1394. United States, et al., Appellants v. Madison D. Locke, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 83-1429. Alabama Power Co., et al., Petitioners v. Sierra Club, et al. The motion of Procter & Gamble Paper Products Company for leave to file a brief as amicus curiae is granted. The motion of Arizona

Electric Power Cooperative, Inc., et al. for leave to file a brief as amid curiae is granted. The motion of Associated Industries of Alabama, Inc. for leave to file a brief as amicus curiae is granted. The motion of Na- tional Coal Association for leave to file a brief as amicus curiae is granted. The motion of Ohio Mining and Reclamation Association for leave to file a brief as amicus curiae is granted. Justice Powell and Jus- tice O'Connor took no part in the consideration or decision of these motions.

No. 83-1620. First National Bank of Atlanta, etc., Appellant v.

Bartow County Board of Tax Assessors, et al. The motion of the Solici- tor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. No. 83-1747. Arthur Tate, Jr., Superintendent, Chillicothe Correc- tional Institute, Petitioner v. Charles E. Rose. The motion to vacate the stay entered by Justice O'Connor is denied.

No. 83-1840. John M. Berthelot, Petitioner v. United States. The motion of petitioner to compel the transmission of presentence report is denied.

No. 83-1959. Gary John Eklund, Petitioner, v. United States and

Russell James Martin, Petitioner v. United States. The motion of peti- MONDAY, JUNE 18, 1984 685 tioner to expedite consideration of the petition for a writ of certiorari is denied.

No. 83-1961. Landreth Timber Company, Petitioner v. Ivan K. Landreth, et al. The motion of petitioner to expedite consideration of the petition for a writ of certiorari is denied.

No. 83-5424. Glen Burton Ake, Petitioner v. Oklahoma. The motion of Office of the Public Defender of Oklahoma County, Oklahoma, et al. for leave to file a brief as amid curiae is granted. The motion of Na- tional Legal Aid and Defender Association, et al. for leave to file a brief as amid curiae is granted.

No. 83-6634. E. Christman Dawn, et al., Appellants v. H. Rex Greene, MD., Inc., et al. The motion of appellants for leave to proceed in forma pauperis is denied. Appellants are allowed until July 9, 1984, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court. Justice Brennan, Justice Marshall and Justice Ste- vens dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S (1983), we would dismiss the appeal for want of jurisdiction and, treating the papers whereon the appeal would be taken as a petition for writ of certiorari, we would deny certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 83-6676. Dolores Garcia, Petitioner v. Lawrence P. Ingram. The motion of petitioner to consolidate this case with No. 83-1360, Webb v. County Board of Education of Dyer County, Tennessee, is denied.

No. 83-6828. Robert L. Pepper, Petitioner v. Superior Court of Cali- fornia, County of Los Angeles (California Real Party in Interest). The application for stay addressed to Justice Marshall and referred to the Court is denied.

Appeal—Jurisdiction Noted

No. 83-1015. National Association for the Advancement of Colored

People, etc., et al., Appellants v. Hampton County Election Commis- sion, etc., et al. Appeal from the United States District Court for the District of South Carolina. In this case probable jurisdiction is noted. Justice Marshall took no part in the consideration or decision of this case.

Certiorari Granted

No. 82-2157. Central States, Southeast and Southwest Areas Pen- sion Fund, et al., Petitioners v. Central Transport, Inc., et al. Petition 686 MONDAY, JUNE 18, 1984 for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Noo 83-529. United States, Petitioner v. William Harris Sharpe and Donald Davis Savage. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 83-1623. Phyllis A. Anderson, Petitioner v. City of Bessemer City, North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 83-1625. United States, Petitioner v. Lyie Gerald Johns, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 83-1660. Charles M. Atkins, Commissioner of the Massachusetts

Department of Public Welfare, Petitioner v. Gill Parker, et al.; and

No. 83-6381. Gill Parker, et al., Petitioners v. John R. Block, Secre- tary, Department of Agriculture, et al. The motions of Gill Parker, et al. for leave to proceed in forma pauperis are granted. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit are granted. The cases are consolidated and a total of one hour is allotted for oral argument. No. 83-1878. Margaret M. Heckler, Secretary of Health and Human

Services, Petitioner v. Larry Leon Chaney, 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 Dis- trict of Columbia Circuit granted.

No. 83-5954. Wayne Lindahl, Petitioner v. Office of Personnel Man- agement. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted.

Certiorari Denied

No. 82-1699. Oakland Scavenger Company, Petitioner v. Joaquin

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

No. 83-1398. George Crockett, Jr., etc., et al., Petitioners v. Ronald

Wilson Reagan, 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. 83-1450. Kenneth R. Cunningham, et al., Petitioners v. Ray- mond J. Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JUNE 18, 1984 687

No. 83-1477. William Nezowy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1485. Joseph A. Moller, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

No. 83-1496. Shippers National Freight Claim Council, Inc., et al.,

Petitioners v. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 83-1503. James Cockrell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-1510. Donald Ferguson and Joseph Ferguson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1527. Christopher Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-1528. John Lane, Petitioner v. Arkansas Valley Publishing

Co., et al. Petition for writ of certiorari to the Court of Appeals of Colo- rado denied.

No. 83-1573. John P. Calandra, Petitioner v. United States;

No. 83-1657. James T. Licavoli, Petitioner v. United States; and

No. 83-1801. Anthony Liberatore, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1596. Frank J. Valenta, Petitioner v. United Steelworkers of America, AFL-CIO and Raymond J. Donovan, Secretary, U. S. De- partment of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-1614. Sue Gottfried, 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. 83-1636. John Proud, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 688 MONDAY, JUNE 18, 1984

No. 83-1719. Joseph Cusmano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 83-1728. Home Box Office, Inc. and Showtime Entertainment

Corporation, Petitioners v. Crimpers Promotions Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 83-1734. John R. Balelo, et al. , Petitioners v. Malcolm Baldrige,

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

No. 83-1735. Oregon, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1740. Senn Trucking Company, Petitioner v. Robert C. Wasson, et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 83-1749. Heinrich Schmidt Reederei, Petitioner v. Willie Mae Byrd, etc. Petition for writ of certiorari to the U. S. Court of Appeals for the Eleventh Circuit(former 5th Circuit) denied.

No. 83-1765. Willie Bray, et al., Petitioners v. Michigan, et al. Peti- tion for writ of certiorari to the Supreme Court of Michigan denied.

No. 83-1774. Raymark Industries, Inc., Petitioner v. John Ed Clay, et ux., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1784. Port Houston Marine, Inc., Petitioner v. Dockside Ter- minal Services, Inc. Petition for writ of certiorari to the Court of Ap- peals of Texas, First Supreme Judicial District, denied.

No. 83-1786. Obed Aarsvold, et al., Petitioners v. Greyhound Lines,

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

No. 83-1794. Edward J. Regan, Petitioner v. Town of Brookhaven. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 83-1804. Sandusky Real Estate, Inc. dba Real Estate One and

R.G. Holderness, Petitioners v. DeWitt McDonald, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-1825. Virginia Kirk Cord, Petitioner v. Edward D. Neuhoff and Charles E. Cord, Co-Executors of the Estate of E. L. Cord, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. MONDAY, JUNE 18, 1984 689

No. 83-1837. Deal Prince Watkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-1859. David R. Fothergill, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1881. M & K Farms, Inc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1883. Pedro Doamarel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-5846. Larry L. Lee, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6277. Deborah Handy, Petitioner v. James W. Peck, etc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6352. Christine Goldade, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 83-6457. David Lee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6466. Steven M. Wolf, Petitioner v. Darrol Gardner, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6469. Charles A. Hastings, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6475. Judy Marietta Castello, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-6516. Dean Scoble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6617. Betty Lou Powell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 690 MONDAY, JUNE 18, 1984

No. 83-6626. Ernest Collins, Jr., Petitioner v. Western Electric Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6638. John Koenig, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied.

No. 83-6641. Clifton Wells, Petitioner v. Thomas R. Israel, Superin- tendent, Waupun Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-6642. Harvey M. Sanders, Petitioner v. Michael Fair, Com- missioner, Massachusetts Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 83-6645. Larry Richard Phillips, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-6648. Lionel Richardson, Petitioner v. Sheriff of Johnston

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

No. 83-6649. William M. Slater, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6651. Delma Naff, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 83-6658. Huie Farley, Petitioner v. Eric Saunders, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6724. William George Wabbington, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Ala- bama denied.

No. 83-6728. William Edward Alley, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6735. Jose Antonio Pablo-Lugones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 83-6737. Darryl K. Threat, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. MONDAY, JUNE 18, 1984 691

No. 83-6739. Eduardo Garrido Ponce de Leon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 83-6743. Anthony Cooper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6744. Rudolfo Russell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6745. Steven A. McKinney, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 83-6747. Fred Lee Odom, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-6750. Gilbert Manson Hill, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6754. Edward Salvatore Rusk, Petitioner v. Maryland. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-6762. Richard Evans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-6764. Leonardo Garcia-Array, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-778. Frances Wambheim and Catherine Heggelund, etc., Pe- titioners v. J. C. Penney Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice Blackmun took no part in the consideration or decision of this petition.

No. 83-1498. Black Citizens for A Fair Media, et al., Petitioners 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. Justice Marshall took no part in the consideration or decision of this petition.

No. 83-1509. Murphy Oil Corporation, Petitioner v. Naph-Sol Refin- ing Company; and 692 MONDAY, JUNE 18, 1984

No. 83-1515. Mobil Oil Corporation, et al., Petitioners v. United

States Department of Energy, et al. Petitions for writs of certiorari to the United States Temporary Emergency Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 83-1555. Hoopa Valley Tribe of Indians, Petitioner v. Jessie

Short, et al.; and

No. 83-1638. Christopher Eddy, et al., Petitioners v. United States, et al. The motion of Cherokee Nation of Oklahoma, et al. for leave to file a brief as amid curiae in No. 83-1555 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the Federal Cir- cuit denied.

No. 83-1558. Walter D. Zant, Warden, Petitioner v. Henry Willis, III. 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. 83-1615. Michael O'Rourke, Petitioner v. Immigration and Natu- ralization Service. 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.

No. 83-6425. Chester Wayment, Petitioner v. Donald T. Regan, Sec- retary of the Treasury, et al. 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 Tenth Circuit denied.

No. 83-1752. Hubert H. Humphrey, III, Attorney General of Minne- sota, et al. , Petitioners v. Northern States Power Company, et al. The motion of National Association of State Utility Consumer Advocates for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 83-6260. Michael J. Travaglia, Petitioner v. Pennsylvania; and

No. 83-6266. John Charles Lesko, Petitioner v. Pennsylvania. Peti- tions for writs of certiorari to the Supreme Court of Pennsylvania, Western District, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6452. George David Tokman, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, JUNE 18, 1984 693

No. 83-6500. Lonnie Joe Dutton, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6608. Henry Willis, III, Petitioner v. Walter D. Zant, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6636. Michael Anthony Guzman, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied. Dissenting statement by Justice Brennan and Justice Marshall. Mandamus Denied

No. 83-6631. In Re J. Patrick Dohm, Petitioner; and No. 83-6652. In Re Douglas M. Yates, Petitioner. The petitions for writs of mandamus are denied. Rehearings Denied

No. 83-122. Hydrokinetics, Inc., Petitioner v. Alaska Mechanical, Inc.;

No. 83-1159. William Kuntz, III, Petitioner v. Winters National

Bank and Trust Co., et al.;

No. 83-6145. Frank Palazzo, Petitioner v. Gulf Oil Corporation;

No. 83-6227. Ernest Perkins, Petitioner v. James Thompson, Gover- nor of Illinois;

No. 83-6494. Thomas M. Rettig, Appellant v. Kent City School Dis- trict, et al.;

No. 83-6513. Jessie D. McDonald, Petitioner v. William Leech, At- torney General, etc., et al.; and

No. 83-6530. Erie C. Bonner, Petitioner v. Philadelphia Interna- tional Records, et al. The petitions for rehearing are denied. Recess Order

The Court will take a recess from Tuesday, June 19, 1984, until Mon- day, June 25, 1984. Admissions to the Bar on Written Motions

Applicant City and State Movant

Louis J. Aldini Park Ridge, IL Edward Lloyd Schuller Glenn W. Alexander Cameron, LA Louis D. Bufkin A

694 MONDAY, JUNE 18, 1984

Applicant City and State Movant

Paul Alexander San Francisco, CA M. Laurence Popofsky Leslie Webb Barham Jackson, MS David R. Farmer Ben A. Baring Jr. Houston, TX Chalmers M. Hudspeth Michael H. Bloom Miami, FL James J. Hogan Gregory B. Breedlove Mobile, AL Louis E. Braswell Timothy Edward Brophy Portland, OR William Fiske Bernard Robert B. Burke Philadelphia, PA Leonard Teddy Schwartz Samuel Israel Burstyn Miami, FL William P. Cagney III John Pollara Cardillo Naples, FL William Douglas Keith Patricia H. Char Seattle, WA Ronald E. McKinstry Hubert C. Childress Jr. Merritt Island, Joe M. Mitchell Jr. FL Joseph E. Cosgrove Jr. Overland Park, John L. McClain KS John R. Crayton Bensalem, PA Louis Margolis Allan James Culver Jr. Baltimore, MD David Lawrence Schaeffer Frank Nicholas D'Errico Garden City, NY B. Marc Mogil George William Dennis III Raleigh, NC Charles Woodrow Teague Patrick J. Dougherty Valparaiso, IN Robin D. Pierce Gerald W. Douglas Portland, OR Joseph H. Hairston Peter Martin Durney Boston, MA Tidal Boyce Henry Jr. Phillip Feldman Sherman Oaks, Arnold G. CA Regardie John J. Fleps Chicago, IL Ronald A. Lane Stephen M. Friedberg New York, NY Daniel Wallen Arthur F. Gilloon Dubuque, I Louis F. Fautsch J. Miles Goodwin Milwaukee, WI Dennis John Fitzpatrick Robert C. Gottlieb Commack, NY Robert Logue Folks MONDAY, JUNE 18, 1984 695

Applicant City and State Movant

Pamela R. Grove Alameda, CA David C. Phillips Carol A. Herman Ft. Washakie, Richard Irwin WY Leedy Michael A. Holmes Detroit, MI William A. Coughlin Jr. T. Edward Icenogle Denver, CO Russell P. Kramer Ronold John Karasek Bangor, PA Judge Franklin Stuart VanAntwerpen Stanley Howard Kimmel Los Angeles, CA Harold Gutenberg Peter Norman Larrabee San Diego, CA David Stephen Zweig Charles B. Lazzaro Cleveland, OH Mark R. DeVan Charles Tomerlin Lee Stamford, NY John V. Lindsay Robert Harrison Leonard Kansas City, MO Alexander Stephens Nicholas Richard Stern Lipman Hartford, CT Irving S. Ribicoff Gregory Charles McCarthy Bensalem, PA Louis Margolis J. Lawrence Mclntyre Saint Paul, MN Eugene M. Warlich Ralph Norman Mendelson Alameda, CA Robert L. Lofts Guy P. Michelson Seattle, WA Ronald E. McKinstry Brooks Courtney Miller Miami, FL Christian David Keedy John Molnar Bangor, PA Alan B. McFall Jacqueline G. Nanni St. Clair Shores, Anthony J. MI Cutrona Larry Douglas Noe Campbellsville, Harold D. Rogers KY Patrick J. Nolan III Minneapolis, MN Leonard Roy Steinsapir George Edward Ollinger III Fort Lauderdale, Robert D. FL VanderLaan Frank W. Ostrander Jr. Portland, OR James E. Mountain Jr. Randall A. Pentiuk Riverview, MI Randy L. Kalmbach David M. Rubin New York, NY Mark S. Arisohn 696 MONDAY, JUNE 18, 1984

Applicant City and State Movant

James Leonard Rudolph Boston, MA John Slater Rodman Lewis A. Sassoon Boston, MA John Slater Rodman Mark Vernon Scheehle Phoenix, AZ Roland J. LaVallee Roberto Schmidt-Monge San Juan, PR Reina Colon DeRodriguez Robert Howard Shaer Boston, MA John Slater Rodman Robert V. Shuff Jr. Mt. Vernon, IL Donna Lee Dagnall Gerald Dwight Snodgrass Burton, MI Hiram S. Grossman Paul Alan Sprowls New Orleans, LA Solicitor General Rex E. Lee Nathaniel W. Tindall II Tampa, FL Arthenia L. Joyner Edward Alan Trio Arlington Robert P. Levine Heights, IL George Moore Walker Mobile, AL Charles B. Arendall Jr. John J. Wessling Pasadena, CA James Maxwell Orendorff Brian R. Williams Toledo, OH E. J. Leizerman Carolyn Yvonne Williams Los Angeles, CA Richard Edward Dunlop Stephen Joseph Williams Salem, OR Gary Dana Babcock Jonathan Lee Willis San Francisco, CA Robert F. Kane Brian L. Wirt Des Moines, IA Donald A. Wine James A. Yance Mobile, AL Louis E. Braswell

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Gerald Augustus Wilfred Modesto, CA Solicitor General Haight Rex E. Lee Dennis Frank Mullins Newport Beach, Solicitor General CA Rex E. Lee MONDAY, JUNE 18, 1984 697

Applicant City and State Movant

Clifford Burton Hughes Hesperia, CA Charles Pashayan Jr. Frederick Shuffrnan Englewood, NJ Burtis W. Horner Kenneth Mark Malovos Sacramento, CA Timothy Edward Naccarato David Frost Sargent San Francisco, CA Joseph E. Mayer

Robert Marc Schwartzman Baltimore, MD Murray I. Resnick Richard Spence Wordes San Juan Joseph Charles Capistrano, CA Zengerle Robert Dean Jones Claremont, CA John Westerman Hunter S. Mark Lindsey Washington, DC John Madison Mason Michael D. Schley Washington, DC Robert Sargent Shriver Jr. Sam Edward Fowler Washington, DC Robert Sargent Shriver Jr. Gisela Bialik Huberman Washington, DC Robert Sargent Shriver Jr. Robert Michael Kalec Arlington, VA Robert Sargent Shriver Jr. David Lloyd Ansell Washington, DC Robert Sargent Shriver Jr. John Mitchell Gray Washington, DC Robert Sargent Shriver Jr. Richard H. Wyron Alexandria, VA Robert Sargent Shriver Jr.

Opinions

No. 83-751. Securities and Exchange Commission, et al., Petitioners v. Jerry T. O'Brien, Inc., 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.

No. 83-245. Pension Benefit Guaranty Corporation, Appellant v. R. A. Gray & Company; and No. 83-291. Oregon-Washington Carpenters-Employers Pension

Trust Fund, Appellant v. R. A. Gray & Company. Appeals from the 698 MONDAY, JUNE IS. 1984

United States Court of Appeals for the Ninth 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 Brennan.

No. 82-1795. Capital Cities Cable, Inc., et al.. Petitioners r. Richard A. Crisp, Director, Oklahoma Alcoholic Beverage Control Board. 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 Brennan.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JUNE 19, 1984 699 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Blackmun, Justice Powell, Justice Stevens and Justice O'Connor.

Opinions

No. 83-916. United States, Petitioner v. Allan Wayne Morton. On writ of certiorari to the United States Court of Appeals for the Federal 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. 82-1260. Copperweld Corporation, et al., Petitioners v. Inde- pendence Tube Corporation. 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 the Chief Justice. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join. Justice White took no part in the consideration or decision of this case.

No. 82-1349. United States, Petitioner v. S. A. Empresa De Viacao

Aerea Rio Grandense (Varig Airlines); and United States, Petitioner v. Emma Rosa Mascher, et al.; and

No. 82-1350. United States, Petitioner v. United Scottish Insurance

Co. , et al. On writs of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgments reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice.

Adjourned until Monday, June 25, 1984 at 10 o'clock.

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Order in Pending Case

No. A-1030. Carl Elson Shriner, Applicant v. Louie L. Wainwright, Director, Florida Department of Corrections. The application for stay 700 TUESDAY, JUNE 19, 1984 of execution of sentence of death presented to Justice Powell and by him referred to the Court is denied for the reasons stated in the opinion of the Court of Appeals for the Eleventh Circuit, F.2d (1984). Justice Brennan and Justice Marshall would grant the application. Jus- tice Rehnquist took no part in the consideration or decision of this application. "

(JOURNAL) MONDAY, JUNE 25, 1984 701 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor. 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. 83-507. Carpenters Pension Trust for Southern California, Peti- tioner v. Shelter Framing Corporation and G & R Roofing Company. 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 remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Pension Benefit Guaranty Corporation v. R. A. Gray & Company, 467 U.S. (1984).

Orders in Pending Cases

No. A-1019. Calvin Holderman, Jr., Applicant v. United States. The application for stay addressed to the Chief Justice and referred to the

Court is denied. No. D-409. In the Matter of Disbarment of William C. Maier. Disbar- ment order entered. No. D-410. In the Matter of Disbarment of Victor N. Pacor. Disbar- ment order entered. No. D-417. In the Matter of Disbarment of Jacob Friedland. Dis- barment order entered.

No. 83-240. Lawrence County, et al., Appellants v. Lead-Deadwood School District No. 40-1. The motion of National Association of Coun- ties, et al. for leave to file a brief as amid curiae is granted.

No. 83-728. Herb's Welding, Inc., et al., Petitioners v. Robert H.

Gray, Jr., et al. The motion of the Solicitor General for divided argument is granted. No. 83-1158. Estate of Donald E. Thornton and Connecticut, Peti- tioners v. Caldor, Inc. The motion of Connecticut for divided argument 702 MONDAY, JUNE 25, 1984 is granted. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument and for additional time for oral argument is denied.

No. 83-1234. Ashland Oil, Inc. and Ashland Exploration, Inc., Peti- tioners v. Frank Good, et al.;

No. 83-1248. Mobil Oil Corporation, et al., Petitioners v. Fern

Batchelder, et al; and No. 83-1278. Cities Service Oil Company and Cities Service Com- pany, Petitioners v. Carl F.Matzen, et al. The motions of the parties to defer consideration of the petitions for writs of certiorari are granted. Justice Powell and Justice O'Connor took no part in the consideration or decision of these motions. No, 83-1427. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Johnny Paul Witt. The motion of Texas

District and County Attorneys Association for leave to file a brief as amicus curiae is granted.

Certiorari Granted

No. 83-1452. R. Anthony Marrese and Michael R. Treister, Petition- ers v. American Academy of Orthopaedic Surgeons. The petition for a writ of certiorari to the United States Court of Appeals for the Seventh

Circuit is granted limited to Questions 1, 2 and 3 presented by the petition. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this petition.

Certiorari Denied

No. 82-1649. Hector Andres Marroquin-Manriquez, Petitioner v. Im- migration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 83-541. Republic Industries, Inc., Petitioners. Teamsters Joint Council No. 83 of Virginia Pension Fund. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-702. G & R Roofing Company, Petitioner v. Carpenters Pen- sion Trust for Southern California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-1221. Kathy Dunagir, et al., Petitioners v. City of Oxford, Mississippi, et al.; and

No. 83-1244. Lamar Outdoor Advertising, Inc., et al., Petitioners v. Mississippi State Tax Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, JUNE 25, 1984 703

No. 83-1246. Louis F. Peick, et al., Petitioners v. Pension Benefit Guaranty Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 83-1646. Sibley, Lindsay & Curr Co., etc., Petitioner v. Bakery, Confectionery & Tobacco Workers International Union of America,

AFL-CIO, et al. Petition for a writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 83-6410. Chester Patterson, Petitioner v. Phillip Heffron, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 83-6467. Anthony Miner and Eric Simmons, Petitioners v. Rick Brackney. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-665. Buffalo Teachers Federation, et al., Petitioners v.

George Arthur, et al. The motion of American Federation of Teachers,

AFL-CIO 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 Sec- ond Circuit denied.

No. 83-5933. Luis Garcia, Petitioner v. Illinois. The petition for a writ of certiorari to the Supreme Court of Illinois is denied. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6211. Wesley Eric Harris, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dis- senting opinion by Justice Marshall with whom Justice Brennan joins.

No. 83-6213. Connie Ray Evans, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 83-6419. David Ross Delap, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6567. John D. Arnold, Petitioner v. South Carolina. The petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting opinion by Justice Marshall with whom Justice Bren- nan joins in this case and in in No. 83-6575, post 704 MONDAY, JUNE 25, 1984

No. 83-6575. John H. Plath, Petitioner v. South Carolina. The petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting opinion by Justice Marshall with whom Justice Bren- nan joins in this case and in No. 83-6567, ante.

No. 83-6454. Allen Sanson, Petitioner v. United States. The petition for a writ of certiorari to the United States Court of Appeals for the

Seventh Circuit is denied. Dissenting opinion by Justice White.

Rehearings Denied

No. 82-1246. Bose Corporation, Petitioner v. Consumers Union of United States, Inc.;

No. 82-1554. Charles E. Strickland, Superintendent, Florida State

Prison, et al., Petitioners v. David Leroy Washington;

Noc 82-2056. Escondido Mutual Water Company, et al., Petitioners v. La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission

Indians, et al.;

No. 83-1521. Morris Weiss, Petitioner v. Employer-Sheet Metal Workers Local Union No. 544, etc., et al.;

No. 83-1547. Gordon Novel, Petitioner v. Louisiana Exposition, et al.;

No. 83-1574. City of Perryton, Texas, Petitioner v. Donald W. Jacks, et ux.;

No. 83-1627. Marshall P. Safir, Petitioner v. Elizabeth Hansford

Dole, Secretary of Transportation, et al.;

No. 83-1701. William T. Boston, Petitioner v. United States;

No. 83-5785. Hernando Williams, Petitioner v. Illinois;

No. 83-5808. Henry Martinez Porter, Petitioner v. Dan V. McKaskle, Acting Director, Texas Department of Corrections;

No. 83-5855. Bobby J. Moss, Petitioner v. United States;

No. 83-6249. Raymond R. Mileski, Petitioner v. Maryland; No. 83-6346. Richard Danny Tichnell, Petitioner u Maryland; and

James Arthur Calhoun v. Maryland;

No. 83-6430. James Dupree Henry, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections;

No. 83-6583. Charles Kenneth Foster, Petitioner v. Charles G. Strickland, Jr., Warden, et al.; and MONDAY, JUNE 25, 1984 705

No. 83-6604. Shane Venkatesan, Petitioner v. International Union of Operating Engineers, etc. The petitions for rehearing are denied.

No. 82-1474. Charles R. Hoover, et al., Petitioners v. Edward Ronwin. The petition for rehearing is denied. Justice Rehnquist and Justice O'Connor took no part in the consideration or decision of this petition.

No. 82-6840. Michael P. James, Petitioner v. Kentucky; and

No. 83-1288. Robert Brian Crim, Petitioner v. G. William Hunter, United States Attorney for the Northern District of California. The petitions for rehearing are denied. Justice Marshall took no part in the consideration or decision of these petitions.

No. 83-5432. Timothy George Baldwin, Petitioner v. Ross Maggio, Warden. The application to suspend the effect of the order denying certiorari presented to Justice White and by him referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application. The petition for rehearing is denied. Justice Brennan would grant rehearing.

No. 83-6296. Gerald Donald Robinson, Petitioner v. National Union Fire Insurance Company, etc. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Wednesday, June 27, 1984, until Monday, July 2, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Fred Adkins Huntington, WV Noel P. Copen Thomas E. Albro Charlottesville, E. Gerald VA Tremblay Manuel R. Angulo New York, NY Peter A. Kalat Robert H. Astor Northampton, MA John A. Odierna Barbara Lee Ayres Huntington, WV Andrew Stephen Zettle Michael G. Bagneris New Orleans, LA David Anthony Marcello David Jay Berger Miami, FL Lewis Horwitz 706 MONDAY, JUNE 25, 1984

Applicant City and State Movant

Robert M. Brady Cranston, RI Sheila Tobie Swan Lin Brett-Major Fort Lauderdale, John Harold All rY? LT Oltman Stephen M. CampoBasso Leominster, MA John Gazourian Clifford Ernest Cardone New Orleans, LA Samuel Sevier DaltonT*^-> 1-4. ~

William r . Larr Deonam, MA Joseph G. Bradley

Konalci r . Oascione Providence, RI J. Renn Olenn nr. rp i H. Vincent Conway Jr. Newport News, Shannon Taylor V A Mason Jr.

TT 1. /"I 1_ ' Leo Joseph Cushing Boston, MA Joseph G. Bradley Stephen Pierce Dalrymple North Attleboro, Gerard J. Dupont MA

r\\ \ 1 T71T T"» TT TT'i 1 T Robert Lee Dennis Okeechobee, FL R. H. Hitchcock Frederick Trent Densmore Oklahoma City, Herbert M. OK Graves Lucie-Anne Dionne Fall River, MA Emory Arthur Rounds III David F. Dobbins New York, NY Richard D. Parsons Harry Louie Dulick Cleburne, TX Charles Christopher Cooke III Gordon Paul Erspamer San Francisco, CA Robert D. Raven Elaine S. Feld Boston, MA Barbara Savitt Pearson James Erwin Ferguson Cleburne, TX Charles Christopher Cooke III Donald L. Gaffney Phoenix, AZ Lawrence Allen Katz E. Barry Greenberg Oak Brook, IL Judge Adam N. Stfflo Samuel E. Greydanus III Boston, MA Gregory C. Tveekrem George Grun Westhampton, Louise Antoinette NY Perrotta Susan S. Hailing San Francisco, CA Gary L. Hailing MONDAY, JUNE 26, 1984 707

Applicant City and State Movant

F. Donald Heck Jr. Quincv, IL James L. Palmer Robert John Henke Fish Creek, WI Adam J. Maida

Kenneth Beaumont Herman New York, NY Lars I. Kulleseid Michael Carlan Hickey Minneapolis, MN Robert Z. Lewis

Jefferson Lee Ingram ITXlVllClClIYTipVisipI O.TnQpnViUcCUll

MullinX TX LfcXAX* 1

lii ncrtnn DC"! lVTavlc T-Tptttv Abraham Penn Jones Wfl<3 1T.LCU. IV J. J.C11J. V Tuohey III Dorothy Reiffin Jones San Francisco CA Douglas J Malonev James Karathanasis Hvannis MA James H Quirk Jr.

Scott R. Keene San Francisco CA t/ VUVv Ull XXXlVlX V-/ VV o Forest

Don Clifton Kilgore Tarnna FT. X . Xyclllllo -TV1 V (XL "Ld

Betty-Jane Kirwan T ,r\c A Tirroloc i A Ppfpr1 cLcI WptVirpllVVcLIllCil d allies

Robert H. Kubie OL. J-jOUIS, iVIU israei ireiman Donald N. Lamson Washington, DC James Thurman .TlttS

Ronald Keith Lawn Myrtle r>eacn, J acK l . r lorn T^l-i awoof Daniel F. Lenzo .boston, MA 1 nomas \j. Hoffman John Thomas Logan Pasadena, CA Eugene Robert Grace Lori Jeanne Lustig Wasnmgton, Richard Winston Boone Lawrence Hiram Martin Jr. New Orleans, LA ijouis ii. vjeraes Jr.

James Corban Massie lananassee, r 1j WilVmvwiiDur Hi."FT Brewton Richard E. McFadin Kansas City, MO Wm. Harrison Norton Michael Stephen Mobile, AL James Hilton McGlothren Crosby

Tommy Eugene McPherson Pensacola, FL Marsha I. Segal Daniel M. Mills Bloomington, IN James M. Buthod Donald William Mills Houston, TX Paul J. McConnell III 708 MONDAY, JUNE 25, 1984

Applicant City and State Movant

Richard Zaven Minassian Brockton, MA Joseph G. Bradley Robert J. Mroz Albuquerque, NM John Edwards Conway John Francis Mulvihill Trumbull, CT Robert J. Cooney Joseph Michael Orlando Gloucester, MA Ralph Compton Pino John Robin Orme San Francisco, CA Ephraim Margolin Charles Daniel Ossola Potomac, MD Michael Blanton Barr Henry Thomas Padrick Jr. Virginia Beach, Richard George VA Brydges J. Douglas Parks Dahlonega, GA Douglas E. Smith Dennis L. Perkins Howell, MI Paul L. Decocq John T. Philipsborn San Francisco, CA Charles R. Garry Grey Pierson Arlington, TX John R. Feather Richard Jeffrey Pober Westport, CT Vincent Stuart Tirola Dennis Oliver Reiter Bellefonte, PA Robert Allan Mix David Ribak Chestnut HiU, MA Robert H. Quinn Robert Richard Riccio North Attleboro, Gerard J. Dupont MA Carol E. Rinzler New York, NY Charles Rembar Matthew David Rockman Worcester, MA Carl Emmett Baylis Elizabeth Grant Rome Montpelier, VT John J. Easton Jr. Douglas Brent Ross Tustin, CA Dennis Lee Greenwald Armand Eric Sabitoni Providence, RI Joseph G. Bradley Clant M. Seay Kosciusko,. MS John Howard Shows John E. Sexton New York, NY Alan B. Morrison Henry R. Simonelli Jr. Southbridge, MA Robert E. George David Alexander Smith Jeffersonville, IN George M. Geoghegan Jr. Robert W. Smith Orlando, FL Dennis Leonard Salvagio Susan L. Smith Washington, DC Jerome Christian Muys MONDAY, JUNE 25, 1984 709

Applicant City and State Movant

James A. Smith Jr. Seattle, WA Ronald E. McKinstry Marc Michael Sneider Boston, MA James D. St. Clair William F. Spallina Watertown, MA David James Barber Gregg Anthony Spath New York, NY Herbert J. Tamres Robert B. Stynes Newton, MA Joseph G. Bradley Thomas A. Thanas Joliet, IL Nicholas Evans Sakellariou Laurence Albert Velchek Chicago, IL George M. Petrich Roy E. Wagner Milwaukee, WI Joseph C. Niebler Daniel Westerburg Anchorage, AK Suzanne Cherot Pestinger Albert J. White Saddle River, NJ Alan Hirsh Kaplan Elvira Marie White Hyattsville, MD Alexander Williams Jr. Floyd A. White Jr. Kansas City, MO Wm. Harrison Norton Gilbert Gorman Whitmer Boulder, CO Charles Franklin Brannan Robert Bruce Whitney Allentown, PA Nicholas W. Fels R. Kenneth Willman Pittsburgh, PA Gerald W. Weaver Barry P. Wilson Boston, MA Norman Stanley Zalkind Steven Barth Witman New Orleans, LA Edward Phillips Lobman Christopher Mark Young Washington, DC Peter D. Dickson Ellen Swyler Young Washington, DC Jeffrey Scott Christie Robert James Zullas Brockton, MA Joseph G. Bradley

Opinions

No. 82-945. Sure-Tan, Inc. and Surak Leather Company, Petitioners

v. National Labor Relations Board. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed in part, reversed in part and remanded to the Court of Appeals with instructions to remand the case back to the National Labor Relations Board to permit formulation of an appropriate remedial order consist- 710 MONDAY, JUNE 25, 1984 ent with the opinion of this Court. Opinion by Justice O'Connor. Opin- ion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall, Justice Blackmun and Justice Stevens join. Opinion by Justice Powell concurring in part and dissenting in part with whom Justice Rehnquist joins.

No. 82-1988. Bruce Tower, etc., et al., Petitioners v. Billy Irl Glover. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Opinion by Justice Brennan concurring in part and concurring in the judgment with whom Justice Mar- shall, Justice Blackmun and Justice Stevens join.

No. 82-1005. Chevron U.S.A. Inc., Petitioner v. Natural Resources

Defense Council, Inc., et al.;

No. 82-1247. American Iron and Steel Institute, et al., Petitioners v.

Natural Resources Defense Council, Inc., et al; and No. 82-1591. William D. Ruckelshaus, Administrator, Environmen- tal Protection Agency, Petitioner v. Natural Resources Defense Coun- cil, Inc. , et al. On writs of certiorari to the United States Court of Ap- peals 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 Stevens. Justice Mar- shall and Justice Rehnquist took no part in the consideration or decision of these cases. Justice O'Connor took no part in the decision of these cases.

No. 83-185. Sylvia Cooper, et al., Petitioners v. Federal Reserve Bank of Richmond. 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 Stevens. Justice Marshall concurs in the judgment. Justice Powell took no part in the decision of this case.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Joseph Gallegos Oxnard, CA Solicitor General Rex E. Lee Hilda Gloria Tagle Corpus Christi, Maria del Carmen TX Aponte MONDAY, JUNE 25, 1984 711

Applicant City and State Movant

Marsha V. Mills Harrisburg, PA Paul L. Zeigler Jordan Woodard Lorence Mound, MN Michael P. Farris Marvin Edward Pitzak San Francisco, CA Lydia Irene Beebe Weldon Sanford Wood San Jose, CA E. David Doane III Lester D. Sitter Denver, CO Joseph Richard Tiano Robert D. Tomlinson Oklahoma City, John R. Swindler OK William John Fahres Corte Madera, CA James Andrew Aiello William Del'Lano Missouri Upper Marlboro, Arthur Albert MD Marshall Jr. Emmanuel Damascus Washington, DC Dennis Anthony Akpan Baird John Lydon McGann Arlington, VA Sumner Adams Brown Gilbert J. Lane, III San Bernardino, Robert H. Myers, CA Jr. Deborah Louise Daddio Guilford, CT Thomas Buergenthal Richard Phelps Lange Trumbull, CT Thomas Buergenthal Kevin W. Smith New Haven, CT Thomas Buergenthal Leslie Warder Bayliss Washington, DC Thomas Buergenthal Kirk Howard Betts Washington, DC Thomas Buergenthal Rosemarie Grace Bowie Washington, DC Thomas Buergenthal Shelley Sternad Dempsey Washington, DC Thomas Buergenthal Michael Otis DeMouy Washington, DC Thomas Buergenthal Mary Katharine Donohoe Washington, DC Thomas Buergenthal Michele Marie Giuliani Washington, DC Thomas Buergenthal Robert Charles Gottke Washington, DC Thomas Buergenthal 712 MONDAY, JUNE 25, 1984

Applicant City and State Movant

Richard Joseph Hirn Washington, DC Thomas Buergenthal Karen Adrianne Intrater Washington, DC Thomas Buergenthal John F. Karl Jr. Washington, DC Thomas Buergenthal Mark A. Pollak Washington, DC Thomas Buergenthal Ellen Phyliss Rosenberg- Washington, DC Thomas Blatt Buergenthal Martha Saenz-Schroeder Washington, DC Thomas Buergenthal Peg Shaw Washington, DC Thomas Buergenthal Ruth Nations Slaughter Washington, DC Thomas Buersrenthal Hugh 0 Stevenson Washington, DC Thomas Buergenthal Janine Sweeney Washington, DC Thomas Buergenthal Christopher Trayne Washington, DC Thomas Tourtellot Buergenthal Frederick H. Schranck Wilmington, DE Thomas Buergenthal Geoffrey Scott Black Westminster, MD Thomas Buergenthal Samuel John Brown Annapolis, MD Thomas Buergenthal John Joseph Dillon Rockville, MD Thomas Buergenthal Carol Ann Gavin Rockville, MD Thomas Buergenthal Martha Gamble Kavanaugh Bethesda, MD Thomas Buergenthal Everett Edward Bethesda, MD Thomas Kavanaugh Jr. Buergenthal Michael Ian Krensky Rockville, MD Thomas Buergenthal John Patrick Kudel Rockville, MD Thomas Buergenthal MONDAY, JUNE 25, 1984 713

Applicant City and State Movant

T"> „ J ,1, XT T William Curtis Herrmann Keel "P.-rJanK,1V jnj 1 nomas Buergenthal

Arnold Jtl. Miniman Pequannock, NJ 1 nomas Buergenthal Vincent D. Paragano onort xinis, jnj Thomas Buergenthal

Keith Firestone IN ew i orK, JN i l nomas Buergenthal Joanne Lichtenstem Harrisburg, PA Thomas Buergenthal Raymond L. Baccala Jr. Providence, RI Thomas Buergenthal Marjorie Shames Bertman Burke, VA Thomas Buergenthal

Mary Ellen Craig Keston, VA - Thomas Buergenthal Neil Arnold Lieberthal Bridgeport, Judge James R. Lawton Joseph Aloysius Amoroso oamoridge, ma Judge James R. jr. XJaW tUIl nene x3etn r>eiinsKy £>rOCKLOn, MA duage dames n.

Xjct VV LUll x aui v^. Jjisnop .DOS LOn, lYlri duage dames n.

XJCt W LUll uaviQ jonn .duczkowski JDOSLOn, Mix duage dames iv. XJdW LUll MJI-fVvWl M A John r . X. Davoren Minora, ma duage dames x\.

- XJdT .awlW LUllon

Deborah A. Dunn r>rocKton, ma duage dames i\. XJdW LUll

Barry A. r emstem x eaooay, ma duage dames i\. XJdW LUll Helene Horn Figman Brockton, MA Judge James R. Lawton Stephen M. Forlizzi Peabody, MA Judge James R. Lawton Martin C. Foster Cambridge, MA Judge James R. Lawton Roslyn Garfield Provincetown, Judge James R. MA Lawton 714 MONDAY, JUNE 25, 1984

Applicant City and State Movant

Leonard Howard Golder Brookline, MA Judge James K. Lawton Benjamin F. Harley brockton, MA Judge James K. Lawton James R. Julian Dennis, MA Judge James K. Lawton Michael Paul Koretz brockton, MA Judge James K. Lawton Thomas David Lawton Brockton, MA Judge James K.T) Lawton T) Christopher Francis Long r all Kiver, MA Judge James K. Lawton James Maurice McCormick Brockton, MA Judge James K. Lawton "7") A _i. A M l\/f A T) Thomas J. McLaughlin Boston, MA Judge James K. Lawton Steven Lawrence Murphy Brockton, MA Judge James R. Lawton Jeremiah Vincent O'Connor Boston, MA Judge James R. Lawton

Ci T) T> 1 n Susan R. Rockwell Boston, MA Judge James R. Lawton

/~1 xl- * T"> x ** O 1_ *x* Catherme Patricia Sabaitis Brockton, MA Judge James R. Lawton

T7 ' Kathleen F. Wnalen-TT7T. 1 Qumcy,r\ T\/TMAA Judge James R. Giannandrea Lawton

TT 1 H /T T • 1 j Howard M. Lightman Reading, PA Judge James R. Lawton Carolyn Roberta Barone North Providence, Judge James R. RI Lawton James Clinton Macomber Providence, RI Judge James R. Lawton Maureen Sullivan Ramirez Providence, RI Judge James R. Lawton George A. Skalkeas Alexandria, VA Judge James R. Lawton

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JUNE 26, 1984 715 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinions

No. 83-95. Ernest S. Patton, Superintendent, SCI-Camp Hill and Le Roy S. Zimmerman, Attorney General of Pennsylvania, Petitioners v. Jon E. Yount. On writ of certiorari to the United States Court of Appeals for the Third 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 Powell. Dissenting opinion by Justice Stevens with whom Justice Brennan joins. Justice Marshall took no part in the decision of this case. No. 83-196. William D. Ruckelshaus, Administrator, United States

Environmental Protection Agency, Appellant v. Monsanto Company. Appeal from the United States District Court for the Eastern District of Missouri. Judgment vacated and case remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Opinion by Justice O'Connor concurring in part and dissenting in part. Justice White took no part in the consideration or decision of this case.

No. 82-766. Secretary of State of Maryland, Petitioner v. Joseph H. Munson Company, Inc. On writ of certiorati to the Court of Appeals of Maryland. Judgment affirmed. Opinion by Justice Blackmun. Concur- ring opinion by Justice Stevens. Dissenting opinion by Justice Rehn- quist with whom the Chief Justice, Justice Powell and Justice O'Connor join. No. 83-747. Washington Metropolitan Area Transit Authority, Peti-

tioner v. Paul D. Johnson, et al. 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 futher proceedings in conformity with the opinion of this Court. Opinion by Jus- tice Marshall. Dissenting opinion by Justice Rehnquist with whom Jus- tice Brennan and Justice Stevens join.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY, JUNE 27, 1984 717 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinions

No. 83-271. National Collegiate Athletic Association, Petitioner v. Board of Regents of the University of Oklahoma and University of Georgia Athletic Association. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opinion by Justice White with whom Jus- tice Rehnquist joins.

No. 83-346. United States, Petitioner v. Esmail Yermian. 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 Powell. Dissenting opinion by Justice Rehnquist with whom Justice Brennan, Justice Stevens and Justice O'Connor join.

No. 83-264. Calvin W. Burnett, etc., et al., Petitioners v. James R. Grattan and Adrienne S. Hedman. On writ of certiorati to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice Marshall. Opinion by Justice Powell concurring in the judgment. Opinion by Justice Rehnquist concurring in the judgment with whom the Chief Justice and Justice O'Connor join. No. 83-1330. Morris Thigpen, Commissioner, Mississippi Depart-

ment of Corrections, et al, Petitioners v. Barry Joe Roberts. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice White. Dissenting opinion by Justice Rehnquist. Dissenting opinion by Justice O'Connor with whom Justice Powell joins. No. 83-218. Amos Reed, etc., and the Attorney General of North

Carolina, Petitioners v. Daniel Ross. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed with respect to the question of "cause." Opinion by Justice Brennan. Concurring opinion by Justice Powell. Dissenting opinion by Justice Rehnquist with whom the Chief Justice, Justice Blackmun and Justice O'Connor join.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) THURSDAY, JUNE 28, 1984 719 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Jus- tice O'Connor.

Opinions

No. 83-436. Donald Regan, Secretary of the Treasury, et al., Peti- tioners v. Ruth Wald, et al. 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 Rehnquist. Dissent- ing opinion by Justice Blackmun with whom Justice Brennan, Justice Marshall, and Justice Powell join. Dissenting opinion by Justice Powell.

No. 83-490. Ralph Davis, etc., et al., Appellants v. Gregory Scott Scherer. Appeal from the United States Court of Appeals for the Elev- enth 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 Powell. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall, Justice Blackmun, and Justice Stevens join.

No. 83-614. Securities Industry Association, Petitioner v. Board of Governors of the Federal Reserve System, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Powell.

No. 82-1766. Securities Industry Association, et al., Petitioners v. Board of Governors of the Federal Reserve System, et al. On writ of certiorari to the United States Court of Appeals for the District of Co- lumbia 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 O'Connor with whom Justice Brennan and Justice Stevens join.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) FRIDAY, JUNE 29, 1984 721 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, Justice White, Justice Marshall, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Opinions

No. 82-2113. Robert D. H. Richardson, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Dis- trict 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 Rehnquist. Opinion by Justice Bren- nan concurring in part and dissenting in part with whom Justice Mar- shall joins. Dissenting opinion by Justice Stevens.

No. 82-1565. Bacchus Imports, Ltd., et al., Appellants v. Herbert H.

Dias, Director of Taxation of the State of Hawaii, et al. Appeal from the Supreme Court of Hawaii. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Dissenting opinion by Justice Stevens with whom Justice Rehnquist and Justice O'Connor join. Justice Brennan took no part in the consideration or decision of this case.

No. 82-1998. William P. Clark, Secretary of the Interior, et al., Peti-

tioners v. Community for Creative Non-Violence, et al. On writ of certiorari to the United States Court of Appeals for the District of Colum- bia 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 the Chief Jus- tice. Dissenting opinion by Justice Marshall with whom Justice Bren- nan joins.

Adjourned until Monday, July 2, 1984 at 10 o'clock. x

(JOURNAL) MONDAY, JULY 2, 1984 723 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, and Justice Stevens. 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. 83-1564. William D. Ruckelshaus, Administrator, United States

Environmental Protection Agency, Appellant v. Union Carbide Agri- cultural Products Co., et al. Appeal from the United States District Court for the Southern District of New York. The judgment is vacated and the case is remanded to the United States District Court for the Southern District of New York for further consideration in light of Ruckelshaus v. Monsanto Company, 467 U.S. (1984). Justice White took no part in the consideration or decision of this case.

Certiorari—Summary Disposition

No. 83-902. Boeing Vertol Company, et al., Petitioners v. John F. Edwards. On petition for writ of certiorari to the United States Court of Appeals for the Third 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 Third Circuit for further consideration in light of Cooper v. Federal Reserve Bank of Richmond, 467 U.S. (1984).

No. 83-1506. W. J. Terry, Petitioner v. Hans Bothke. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The motion of respondent for damages is denied. 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 Davis v. Scherer, 468 U.S. (1984).

Orders in Pending Cases

No. A-888. Ruth Ellen Pearce, Applicant v. United States. The application for bail addressed to Justice Brennan and referred to the Court is denied. 724 MONDAY, JULY 2. 1984

No. A-974. Wisconsin Elections Board, et aL, Applicants v. Republi- can Party of Wisconsin, et al. The motion to vacate the stay, heretofore entered by the Court on June 7, 1984, is denied.

No. A-1027. Richard N. Hargraves, Applicant v. Roger Scrivner, Judge, Circuit Court of St. Clair County, Illinois, and Jerry Costello. The application for stay presented to Justice Stevens and by him referred to the Court is denied.

No. D-419. In the Matter of Disbarment of Mitchell Lee Stevens. Disbarment order entered.

No. D-435. In the Matter of Disbarment of William Davis Mann. Wil- liam Davis Mann, of Akron, 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 admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on June 11, 1984, is hereby discharged.

No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. The Honorable Jean Sala Breitenstein, whose long and invaluable service to the Court in this case is deeply appreciated, has requested that he be relieved of his duties as Special Master, and the Court having granted that request, it is necessary that a Special Master be appointed to conclude this case. It is therefore ordered that Charles J. Meyers of Denver, Colorado, be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, 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 Master is directed to submit such reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.

No. 82-1295. Escambia County, Florida, et al., Appellants v. Henry

T. McMillan, et al. The motion of appellees to retax costs is denied.

No. 83-599. Capital Cities Media, Inc., etc., et al., Petitioners v. Pat- rick J. Toole, Jr., Judge, Court of Common Pleas of Luzerne County.

The motion of respondent to retax costs is denied. No. 83-703. Florida Power & Light Company, Petitioner u Joette Lorion, etc., et aL; and MONDAY, JULY 2, 1984 725

No. 83-1031. United States Nuclear Regulatory Commission and

United States, Petitioners v. Joette Lorion, et al. The motion of petitioner in No. 83-703 for divided argument is granted and a total of fifteen minutes is allotted for that purpose. The motion of the Solicitor

General for divided argument is granted and a total of fifteen minutes is allotted for that purpose.

No. 83-727. Lamar Alexander, Governor of the State of Tennessee, et al., Petitioners v. Hershel Choate, et al. The motion of respondent Hershel Choate for leave to proceed further herein in forma pauperis is granted.

No. 83-1170. United States, Petitioner v. 50 Acres of Land, etc., et al. The motion of respondent and National Governors' Association, et al. for divided argument to permit National Governors' Association, et al. to present oral argument as amid curiae is denied.

No. 83-1362. Cleveland Board of Education, Petitioner v. James

Loudermill, et al.;

No. 83-1363. Parma Board of Education, Petitioner v. Richard Don- nelly, et al.; and

No. 83-6392. James Loudermill, Petitioner v. Cleveland Board of

Education, et al. The motion of James Loudermill for appointment of counsel is granted and it is ordered that Robert M. Fertel, Esquire, of

Cleveland, Ohio, is appointed pursuant to Rule 46.6 to serve as counsel for James Loudermill in these cases.

No. 83-1897. In Re Jose M. Fernandez-Toledo, et al., Petitioners. The motion of petitioners to expedite consideration of the petition for a writ of mandamus is denied.

No. 83-6610. Margie Bullard Barfield, Petitioner v. Kenneth W. Har- ris, Superintendent, North Carolina Correctional Center for Women, 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 granted pending further order of the Court. The respondent is requested to file a response to the petition for rehearing within thirty days.

Certiorari Granted

No. 82-1889. Springfield Township School District, et al., Petitioners v. Madelin H. Knoll. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. 726 MONDAY. JULY 2. 1984 Certiorari Denied

No. 82-1778. Marilyn Joyce Sellfors, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 83-861. City of Columbus, et al., Petitioners v. Robert Leonard, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 82-2079. Alabama, Petitioner v. Chris Prince. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 83-1429. Alabama Power Co., et al., Petitioners v. Sierra Club, 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.

Rehearings Denied

No. 83-1457. Hipolito Rivera-Ramirez, Petitioner v. United States;

No. 83-1617. Linward Coleman, Petitioner v. American Cyanamid

Company, et al.;

No. 83-6514. Daniel Tilli, Petitioner v. Donato Capobianco, et al.; and

No. 83-6629. Matthew John Kavanaugh. Petitioner v. Sperry Univac. The petitions for rehearing are denied.

No. 83-382. Bruce Warren Rush, Petitioner v. United States Agency for International Development, et al. The motion of petitioner for leave to file second petition for rehearing is denied. No. 83-592. Lori L. Ostrosky, Julianne Ostrosky and Harold C.

Ostrosky, Appellants v. Alaska. The motion of appellants for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is denied.

No. 83-1345. Union Carbide Corporation, et al., Petitioners i>. Natu- ral Resources Defense Council, Inc., et al. The petition for rehearing is denied. Justice Rehnquist and Justice O'Connor took no part in the consideration or decision of this petition.

No. 82-1587. George C. Christian, Petitioner v. Massachusetts, et al.; and

No. 83-1674. M. Wharton Young, Petitioner v. Commissioner of In- ternal Revenue. The motions for leave to file petitions for rehearing are denied. MONDAY, JULY 2, 1984 727

No. 83-6374. Joseph J. Attwell, et ux., Petitioners v. Heritage Bank Mt. Pleasant, et al. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Tuesday, July 3, 1984 until Thurs- day, July 5, 1984.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Dale Allinson Mineola, NY Montague Allan Hyman Joe Daniel Anderson Houston, lA Charles K. Stephenson Herbert Lee Beskin Charlottesville, Deborah Chasen VV AA wyatt Steven L. Brannock Tampa, FL Julian Derieux Clarkson

George Hi. butler Jr. r ayettevule, AK Lynn rields Wade

T> • r. ] T"> i John Wm. Butler Jr. Bloomneld Hills, Richard Paul MlATT Saslow David r. Cleek Charleston, WV Robert Bruce King Adrian N. Cohen Milwaukee, WI Howard A. Pollack Robert J. Conroy New York, NY Louise Hertwig Hayes George B. Costigan Jr. Mineola, NY Montague Allan Hyman Daniel Craig Emerson Indianapolis, IN Lewis C. Bose Bill J. English Norman, OK Benjamin Thomas Benedum Richard Murray Freeman San Diego, CA Gerald S. Davee Edgar H. Garza-Morales New York, NY Thomas Barry Kingham John Joseph Gilhooly Silver Spring, MD Thomas Lawton Beight A. Fuller Glaser Jr. St. Louis, MO Leonard Komen 728 MONDAY, JULY 2, 1984

Applicant City and State Movant

Merrill M. Glickstein Philadelphia, PA Alfred Sarowitz Joel Martin Glynn Phoenix, AZ Barbara Lee Caldwell Christine O'Grady Gregoire Olympia, WA Edward B. Mackie Edward Anthony Harmon Milwaukee, WI Hugh R. Braun Albert Theodore San Diego, CA Jack W. Crumley Harutunian III James H. Heidelberg Pascagoula, MS Fielding L. Wright Jr. Carl H. Hodges Morrow, GA William Howard Ison Robert Marshall Holliday Des Moines, IA Steven Hull Lytle David Mao-Ching Huang Cerritos, CA Mark Kenneth Wexler Ralph S. Hubbard III New Orleans, LA Mack E. Barham Vincent F. Igoe Jr. Liberty, MO Thomas F. Eagleton George Kahale III New York, NY Peter A. Kalat Mark F. Kelly Tampa, FL Richard Harlan Frank Brian Randolph Keyes Doylestown, PA Thomas E. Delate Daniel M. Kilbride Jr. Vero Beach, FL Claude Lamar Mullis Sr. Frank E. Lamothe III New Orleans, LA George Edward Pickle Jr. Thomas C. Lansworth Lincoln, NB Michael D. Gooch Vernon Eugene Leverty Reno, NV Stephen Howard Tabor Michael T. Londoff St. Charles, MO Ellsworth Cundiff Jr. Arthur John Madden III Mobile, AL Joseph E. Carr IV Elitza Messigner Meyer Loch Arbour, NJ Frank R. Ciesla Peter D. Miller Cleveland, OH Lawrence A. Salibra II Gary Brooks Mims Fairfax, VA Adelard L. Brault Victor M. Perri Reno, NV Stephen Howard Tabor Kathryn Pruessner Peters Kansas City, KS John Nicholas Badgerow \

MONDAY, JULY 2, 1984 729

Applicant uity ana otate Movant

Charles D. Reed Washington, DC Andrew Lewis Frey David Randolph Richardson New Orleans, LA Mack E. Barham Janice G. Scott Tallahassee, FL Wilbur E. Brewton Stephen Robert Shelton Wichita Falls, TX Lonny D. Morrison Thomas E. Spahn Richmond, VA James Hamilton Walsh Davida Stotland San Diego, CA Herman Allaun Hauslein Richard Robert Terzian Los Angeles, CA Katherine Watson Stone Charles F. Thensted New Orleans, LA George Edward Pickle Jr. Matias Alfonso Vega New York, NY Thomas Barry Kingham Jimmy Dale Williams Richmond, KY Arthur Jackson Hanes Jr.

Opinions

No. 83-5596. Joseph Robert Spaziano, Petitioner v. Florida. On writ of certiorari to the Supreme Court of Florida. Judgment affirmed. Opinion by Justice Blackmun. Opinion by Justice White concurring in part and concurring in the judgment with whom Justice Rehnquist joins. Opinion by Justice Stevens concurring in part and dissenting in part with whom Justice Brennan and Justice Marshall join.

No. 83-710. Harry J. Berkemer, Sheriff of Franklin County, Ohio,

Petitioner v. Richard N. McCarty. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Marshall. Opinion by Justice Stevens concurring in part and concurring in the judgment.

No. 82-912. Federal Communications Commission, Appellant v. League of Women Voters of California, et al. Appeal for the United States District Court for the Central District of California. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice White join. Dissent- ing opinion by Justice Stevens. 730 MONDAY, JULY 2, 1984

No. 83-498. G. Michael Brown, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al.; and

No. 83-573. Martin Danziger, etc., et al., Appellants v. Hotel and Restaurant Employees and Bartenders International Union Local 54, et al. Appeals from the United States Court of Appeals for the Third Circuit. Judgment vacated and cases remanded to the Court of Appeals with instructions to remand cases to the United States District Court the District of New Jersey for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice White with whom Justice Powell and Justice Stevens join. Justice Brennan and Justice Marshall took no part in the decision of these cases.

No. 82-2140. Wilbur Hobby, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by the Chief Justice. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join. Dissenting opinion by Justice Stevens.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JULY 3, 1984 731 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Stevens, and Justice O'Connor.

Opinions

No. 81-757. W. Wayne Allen, Petitioner v. Inez Wright, etc., et al.; and

No. 81-970. Donald T. Regan, Secretary of the Treasury, et al., Peti- tioners v. Inez Wright, et al. On writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment reversed and cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. The injunction entered by the Court of Appeals is vacated. Opinion by Justice O'Connor. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins. Justice Marshall took no part in the decision of these cases.

No. 82-729. Donald T. Regan, Secretary of the Treasury, et al., Ap- pellants v. Time, Inc. Appeal from the United States District Court for the Southern District of New York. Judgment affirmed in part, reversed in part and case remanded to the District Court for further proceedings in conformity with the judgment of this Court. Justice White announced the judgment of the Court and delivered the opinion of the Court with respect to Part II-A, and an opinion with respect to Parts II-B, II-C, and II-D, in which the Chief Justice, Justice Rehnquist and Justice O'Connor join. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall joins. Opinion by Justice Powell concurring in part and dissenting in part with whom Jus- tice Blackmun joins. Opinion by Justice Stevens concurring in the judgment in part and dissenting in part.

No. 83-850. United States, Petitioner v. James Connors Karo, 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 Justice White. Opinion by Justice O'Connor concurring in part and concurring in the judgment with whom Justice Rehn- quist joins. Opinion by Justice Stevens concurring in part and dissenting in part with whom Justice Brennan and Justice Marshall join. No. 83-724. Kathryn R. Roberts, Acting Commissioner, Minnesota Department of Human Rights, et al., Appellants v. United States Jay- 732 TUESDAY, JULY 3, 1984 cees. Appeal from 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 Brennan. Opinion by Justice O'Connor concurring in part and concurring in the judgment. Concurring statement by Justice Rehnquist. The Chief Justice and Justice Blackmun took no part in the decision of this case. No. 83-317. Sherman Block, Sheriff of the County of Los Angeles, et al., Petitioners v. Dennis Rutherford, 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 the Chief Justice. Opinion by Justice Blackmun concurring in the judgment. Dis- senting opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join.

No. 83-173. Milton R. Wasman, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed. The Chief Justice announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, III-A, III-C, and IV, and an opinion with respect to Parts II-B and III-B, in which Justice White, Justice Rehnquist and Justice O'Connor joined. Opinion by Justice Powell concurring in part and concurring in the judgment with whom Justice Blackmun joins. Statement by Justice Brennan concurring in the judgment with whom Justice Marshall joins. Opinion by Justice Stevens concurring in the judgment.

No. 82-1630. Ted S. Hudson, Petitioner v. Russell Thomas Palmer, Jr.; and

No. 82-6695. Russell Thomas Palmer, Jr., Petitioner v. Ted S. Hud- son. On writs of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed in part, reversed in part and remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Concurring opinion by Justice O'Connor. Opinion by Justice Stevens concurring in part and dissenting in part with whom Justice Brennan, Justice Mar- shall, and Justice Blackmun join.

Adjourned until Thursday, July 5, 1984 at 10 o'clock. x (JOURNAL) THURSDAY, JULY 5, 1984 733 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White Jus- tice Marshall, Justice Blackmun, and Justice Stevens. Opinions

No. 82-2120. Thomas F. Smith, Jr., et aL, Petitioners v. William P. Robinson, Jr., Rhode Island Associate Commissioner of Education, et al. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice Blackmun. Dis- senting opinion by Justice Brennan with whom Justice Marshall and Justice Stevens join.

No. 82-1771. United States, Petitioner v. Alberto Antonio Leon, 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 White. Concurring opinion by Justice Black- mun. Dissenting opinion by Justice Brennan in this case and in No. 82-963, post with whom Justice Marshall joins. Dissenting opinion by Justice Stevens in this case and concurring in the judgment in No. 82-963, post.

No. 82-963. Massachusetts, Petitioner v. Osborne Sheppard. On writ of certiorari to the Supreme Judicial Court of Massachusetts. Judgment reversed and case remanded to the Supreme Court for farther proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Opinion by Justice Stevens concurring in the judgment in this case and dissenting in No. 82-1771, ante. Dissenting opinion by Justice Brennan in this case and in No. 82-1771, ante with whom Justice Mar- shall joins.

No. 83-491. Immigration and Naturalization Service, Petitioner v. Adan Lopez-Mendoza; and Immigration and Naturalization Service, Pe- titioner v. Elias Sandoval-Sanchez. 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 O'Connor announced by the Chief Justice. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice White. Dissenting opinion by Justice Marshall. Dissenting opinion by Justice Stevens.

No. 82-5298. Andres Segura and Luz Marina Colon, Petitioners v. United States. On writ of certiorari to the United States Court of Ap- 734 THURSDAY, JULY 5, 1984 peals for the Second Circuit. Judgment affirmed. The Chief Justice delivered the opinion of the Court with respect to Parts I, II, III, V and VI and an opinion with respect to Part IV with whom Justice O'Connor joins. Dissenting opinion by Justice Stevens with whom Justice Bren- nan, Justice Marshall and Justice Blackmun join.

No. 83-276. Selective Service System, et al., Appellants v. Minne- sota Public Interest Research Group, et al.; and Selective Service Sys- tem, et al., Appellants v. Bradley Boe, et al. Appeal from the United States District Court for the District of Minnesota. Judgment reversed and case remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Opinion by Justice Powell concurring in part and concurring in the judgment. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Marshall. Justice Blackmun took no part in the decision of this case.

No. 83-558. Irving Independent School District, Petitioner v. Henri Tatro, et ux., Individually and as next friend of Amber Tatro, a Minor. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed in part, affirmed in part and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by the Chief Justice. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall joins. Opinion by Justice Stevens concurring in part and dissenting in part.

Adjourned until this afternoon at 2:30 p.m.

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Blackmun, and Justice Stevens. 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. 82-6935. Joseph Patrick Payne, Sr., Petitioner v. Virginia. On petition for writ of certiorari to the Supreme Court of Virginia. The motion for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. Judgment reversed and case remanded to THURSDAY, JULY 5, 1984 735 the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam.

Appeals—Summary Disposition

No. 83-637. Minnesota Public Interest Research Group, Appellant v.

Selective Service System, et al. Appeal from the United States District Court for the District of Minnesota. The order of the United States Court of Appeals for the Eighth Circuit filed August 17, 1983 transferring this case to the Supreme Court of the United States pursuant to 28 U.S.C. 1252 is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit to consider whether appellant has standing. Justice Blackmun took no part in the consideration or decision of this case.

No. 83-651. Federal Communications Commission, Appellant v. League of Women Voters of California, et al. Appeal from the United States District Court for the Central District of California. The appeal is dismissed for want of jurisdiction. No. 83-1513. Mount Diablo Council of the Boy Scouts of America,

Appellant v. Timothy Curran. Appeal from the Court of Appeal of Cali- fornia, Second Appellate District. The appeal is dismissed for want of a final judgment.

Certiorari Disposition

No. 82-315. Oregon, Petitioner v. Gary Patrick Roberti. On petition for writ of certiorari to the Supreme Court of Oregon. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Oregon for further consideration in light of Berkemer v. McCarty, 468 U.S. ^— (1984).

No. 82-819. United States, Petitioner u Clarence Jay Crozier, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The motion of respondent Florence Margaret Wolke 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 Ninth Circuit for further consideration in light of Segura v. United States, 468 U.S. -2— (1984), United States v. Leon, 468 U.S. -— (1984) and United States v. Eight Thousand Eight Hundred and Fifty Dollars ($8,850) in United States Currency, 461 U.S. (1983).

No. 83-24. United States, Petitioner v. Charles Tate, et al. On petition for writ of certiorari to the United States Court of Appeals for the 736 THURSDAY, JULY 5, 1984

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 United States v. Leon, 468 U.S. ^— (1984). No. 83-817. Louie L. Wainwright, Secretary, Florida Department of

Corrections, et al., Petitioners v. Howard Virgil Lee Douglas. 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 vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in

light of Strickland v. Washington , 466 U.S. (1984).

No. 83-866. Boston Firefighters Union, Local 718, Petitioner v. Bos- ton Chapter, N.A.A.C.P., Inc., et al.; and

No. 83-885. Boston Police Patrolmen's Association, Inc., Petitioner

v. Pedro Castro, et al. On petitions for writs of certiorari to the United States Court of Appeals for the First Circuit. The petitions for writs of certiorari are granted. The judgment is vacated and the cases are remanded to the United States Court of Appeals for the First Circuit for further consideration in light of Firefighters Local Union No. 178% v. Stotts, 467 U.S. (1984). Dissenting opinion by Justice Blackmun with whom Justice Brennan and Justice Stevens join. Justice Marshall took no part in consideration or decision of these cases.

No. 83-995. Howard Virgil Lee Douglas, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Corrections, 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 vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Waller v. Georgia, 467 U.S. (1984). No. 83-1037c United States, Petitioner u William Howard Cross, Sr. 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 vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Hobby v. United States, 468 U.S. (1984).

No. 83-1393. United States, Petitioner v. Larry Wayne Cassity, Billy Sword and Stephen Gordon Lenk. 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 to the United States Court of Appeals for the THURSDAY, JULY 5, 1984 737

Sixth Circuit for further consideration in light of United States v. Leon, 468 U.S. (1984).

No. 83-1431. Charles McDaniel, et al., Petitioners v. Georgia Associ- ation of Retarded Citizens, et al.; and No. 83-1451. Board of Public Education for the City of Savannah and the County of Chatham, et al., Petitioners v. Georgia Association of Re- tarded Citizens. On petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of National School Boards Association, et al. for leave to file a brief as amid curiae in No. 83-1431 is granted. The petitions for writs of certiorari are granted. The judgment is vacated and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Smith v. Robinson, 468 U.S. (1984).

No. 83-1535. Immigration and Naturalization Service, Petitioner v. Rodrigo Luis Olivas-Monorrez. 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 remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Immigration and Naturalization Service v. Lopez-Mendoza, 468 U.S. (1984).

Orders in Pending Cases

No. 35, Original. United States, Plaintiff v. States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Geor- gia, and Florida. The Exceptions to the Report of the Special Master are set for oral argument in due course.

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan

Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v. San Antonio Metropolitan Transit Authority, et al. These cases are restored to the calendar for reargument. In addition to the questions presented in the jurisdictional statements and previously briefed and argued, the parties are requested to brief and argue the following question: "Whether or not the principles of the Tenth Amendment as set forth in National League of Cities v. Usery, 426 U.S. 833 (1976), should be reconsidered?"

No. 83-18. Dun & Bradstreet, Inc., Petitioner v. Greenmoss Build- ers, Inc. This case is restored to the calendar for reargument. In addition to the questions presented by the petition for writ of certiorari and 738 THURSDAY, JULY 5, 1984 previously briefed and argued, the parties are requested to brief and argue the following questions: "1. Whether, in a defamation action, the constitutional rule of New York Times and Gertz with respect to presumed and punitive damages should apply where the suit is against a non-media defendant? "2. Whether, in a defamation action, the constitutional rule of New York Times and Gertz with respect to presumed and punitive damages should apply where the speech is of a commercial or economic nature?"

No. 83-712. New Jersey, Petitioner v. T.L.O. This case is restored to the calendar for reargument. In addition to the question presented by the petition for writ of certiorari and previously briefed and argued, the parties are requested to brief and argue the following question: "Did the assistant principal violate the Fourth Amendment in opening respondent's purse in the facts and circumstances of this case?" Dissent- ing opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join. Dissenting statement by Justice Blackmun. Certiorari Granted

No. 83-963. Board of License Commissioners of the Town of

Tiverton, Petitioner v. Louis H. Pastore, Jr., etc., et al. Petition for writ of certiorari to the Supreme Court of Rhode Island granted. Certiorari Denied

No. 82-6230. Ricardo Arnau, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 83-70. Pennsylvania, Petitioner v. Floyd Santner. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 83-681. Lawrence Dentico and Dominick D'Agostino, Petitioners v. United States; No. 83-690. William V. Musto, Frank Scarafile and John J. Powers,

Petitioners v. United States; and

No. 83-806. Dominick D'Agostino, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 83-979. Donald Lorrin Cronn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 83-5063. Walter S. Tranowski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. THURSDAY, JULY 5, 1984 739

No. 83-5504. Horace Wilkins, Petitioner v. Gordon Lee Whitaker, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5689. Clifton R. Tydings, Petitioner v. Department of Correc- tions, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 83-5861. Ignacio Perez and Luis A. Quintero, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 83-5911. Leonard Gooday, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 83-768. Gordon H. Faulkner, et al., Petitioners v. Bruce D. Wellman, et al. The motion of respondents Dwight Walker and Billie R. Adams 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. 83-1212. Kentucky, Petitioner v. Vondle Lee Hamilton. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Dissenting opinion by Justice Rehnquist with whom Justice O'Connor joins. No. 83-1318. Samuel P. Garrison, Warden and Rufus Edmisten, At- torney General of North Carolina, Petitioners v. George Smith Alston. 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 Fourth Circuit denied.

No. 83-1321. California, et al., Petitioners v. Tenneco Oil Company, et al.;

No. 83-1432. Public Utility Commissioner of Oregon, et al., Petition- ers v. Phillips Petroleum Company, et al.;

No. 83-1433. Northwest Pipeline Corporation, et al., Petitioners v. Phillips Petroleum Company, et al.;

No. 83-1442. El Paso Natural Gas Company, Petitioner v. Tenneco

Oil Company, et al.; No. 83-1443. Pacific Gas and Electric Company and Southern Califor- nia Gas Company, Petitioners v. Tenneco Oil Company, et al.; and

No. 83-1618. Federal Energy Regulatory Commission, Petitioner v. Tenneco Oil Company, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit (former 5th "

740 THURSDAY, JULY 5, 1984

Circuit) denied. Justice White and Justice Blackmun would grant certiorari. Justice Powell and Justice O'Connor took no part in the consideration or decision of these petitions.

No. 83-5614e Dennis Dean Mahoney, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 83-6195. Ernest John Dobbert, Petitioner v. Charles G.

Strickland, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6326. Lacey M. Sivak, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6405. Dan Edward Routly, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6611. Thomas Henry Gibson, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-6653. Donald M. Paradis, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 83-7041. Randy Lynn Woolls, Petitioner v. Texas. The application for stay of execution of sentence of death presented to Justice White and by him referred to the Court is denied. The petition for writ of certiorari to the Court of Criminal Appeals of Texas is denied. Jus- tice Brennan and Justice Marshall would grant the application and petition. Justice Rehnquist took no part in the consideration or decision of this application and petition. Order

It is ordered that Rule 17.2 of the Rules of the Supreme Court of the United States be amended to read as follows: "17.2. The same general considerations outlined above will control in respect of petitions for writs of certiorari to review judgments of the United States Court of Appeals for the Federal Circuit, the United States Court of Military Appeals, and of any other court whose judgments are reviewable by law on writ of certiorari. It is further ordered that Rule 20.1 be amended to read as follows: THURSDAY, JULY 5, 1984 741

"20:1. A petition for writ of certiorari to review the judgment in a criminal case of a state court of last resort or of a federal court of appeals or a decision of the United States Court of Military Appeals (see

28 U.S.C. Sec. 1259) rendered after June 1, 1984, shall be deemed in time when it is filed with the Clerk within 60 days after the entry of such judgment. A Justice of this Court, for good cause shown, may ex- tend the time for applying for a writ of certiorari in such cases for a period not exceeding 30 days." It is further ordered that Rule 47 be amended to read as follows: "47.3. An accused person petitioning for a writ of certiorari pursuant to 28 U.S.C. Sec. 1259 may proceed without prepayment of fees or costs or furnishing security therefor and without filing an affidavit of indigency, but is not relieved of the printing requirements under Rule 33 and is not entitled to proceed on typewritten papers except as authorized by the Court on separate motion."

The foregoing amendments shall become effective on August 1, 1984.

Recess Order

The Court will take a recess from today until the first Monday in Oc- tober, 1984, at which time the October 1983 Term will adjourn. The Chief Justice said: "I am authorized to announce that all cases submitted to the Court for decision and all other matters before the Court which were ready for disposition have been acted upon by the Court. Accordingly, it is ordered that those cases remaining on the docket, but not ready for consideration, are hereby continued to the session of the Court beginning October 1 next. The Court will be in recess from today until the first Monday in October, 1984, at which time the October 1983 Term of the Court will be adjourned. The October 1984 Term of the Court will begin as provided by statute on the first Monday in October."

Order

No. 81-1859. Illinois, Petitioner v. Ralph Lafayette. The motion of respondent for leave to proceed informa pauperis is granted. Respond- ent's petition for a writ of error coram nobis to vacate the judgment in this case is denied. Justice Marshall, Justice Rehnquist and Justice O'Connor took no part in the consideration or decision of this motion.

(JOURNAL) WEDNESDAY, JULY 11, 1984 743 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-22. Ivon Ray Stanley, Applicant v. Ralph Kemp, Warden. The application for stay of execution of sentence of death presented to Jus- tice Powell and by him referred to the Court is denied. Dissenting statement by Justice Marshall with whom Justice Brennan joins. Jus- tice Stevens would grant the application.

(JOURNAL) THURSDAY, JULY 12, 1984 745 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. A-24. Louie L. Wainwright, Secretary, Florida Department of

Corrections, Applicant v. Jimmy Lee Smith. The application to vacate the order of the United States Court of Appeals for the Eleventh Cir- cuit entered July 12, 1984, granting a stay of execution of sentence of death presented to Justice Powell and by him referred to the Court is denied.

No. A-27. David Leroy Washington, Applicant v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. The application for stay of execution of sentence of death presented to Justice Powell and by him referred to the Court is denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) THURSDAY, AUGUST 2, 1984 747 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor. 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. . Central Jersey Industries, Inc., et al., appellants v. United

States Railway Association and United States, et al. The statement of appellants as to dismissal of the appeal was received July 26, 1984 and presented to the Court for its consideration. The appeal from the Spe- cial Court, Regional Rail Reorganization Act of 1973, to review the final judgment entered July 23, 1984, shall not be dismissed at this time under Section 303(d) of the Regional Rail Reorganization Act of 1973. The time to docket the appeal is extended to and including September 21, 1984. The application for leave to file a statement as to jurisdiction in excess of the page limitations is granted provided the statement as to jurisdiction does not exceed forty pages. Justice Brennan took no part in the consideration or decision of this order. No. D-420. In the Matter of Disbarment of Jerry D. Brownlow. Dis- barment order entered.

No. D-429. In the Matter of Disbarment of Saul J. Cooper. Disbar- ment order entered. No. D-440. In the Matter of Disbarment of Daniel Michael Work, Jr. It is ordered that Daniel Michael Work, Jr., of Oklahoma City, Okla- homa, 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-441. In the Matter of Disbarment of Morrow D. Mushkin. It is ordered that Morrow D. Mushkin, of Brooklyn, 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-442. In the Matter of Disbarment of John J. Sweeney, Jr. It is ordered that John J. Sweeney, Jr., of New York, New York, be suspended from the practice of law in this Court and that a rule issue, re- 748 THURSDAY, AUGUST 2, 1984 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-443. In the Matter of Disbarment of Robert Earl Dizak. It is ordered that Robert Earl Dizak, of Brooklyn, 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-444. In the Matter of Disbarment of William C. Sherr. It is ordered that William C. Sherr, 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-445. In the Matter of Disbarment of John G. Nicholas. It is ordered that John G. Nicholas, of Flushing, 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-447. In the Matter of Disbarment of Michael Thornell. It is ordered that Michael Thornell, of Houston, 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. 84-19. Orison F. McDonald, II, and Herbert Darrell Bomar, Pe-

titioners v. Bill Burrows, Sheriff of Wichita County, Texas, et al. The application for recall and stay addressed to Justice Brennan and referred to the Court is denied.

Rehearings Denied

No. 80, Original. State of Colorado, Plaintiff v. State of New Mexico and Paul G. Bardacke, Attorney General of New Mexico; No. 82-432. Local No. 82, Furniture and Piano Moving, Furniture Store Drivers, Helpers, Warehousemen and Packers, et al., Petitioners

v. Jerome Crowley, et al.;

No. 82-1643. Interstate Commerce Commission, et al., Petitioners v. American Trucking Associations, Inc., et al.;

No. 83-904. Ohio, Petitioner v. Kenneth M. Johnson;

No. 83-1067. Bill Maddox, Petitioner v. United States;

No. 83-1261. William C. Lyddan, Petitioner v. United States;

No. 83-1578. Wesley Merritt, Petitioner v. Georgia; THURSDAY, AUGUST 2, 1984 749

No. 83-1588. Virginia Cramer, Petitioner v. State Bar of Michigan, et al.;

No. 83-1614. Sue Gottfried, et al., Petitioners v. United States, et al.;

No. 83-1731. Larry Cohran, Appellant v. State Bar of Georgia;

No. 83-1769. John Burche, aka loan Burche, Petitioner v. John S. Walters and Virginia L. Walters;

No. 83-1806. Theodore M. McAnlis, Petitioner v. United States, et al.;

No. 83-1810. Stanley Miller, Petitioner v. Port of Ilwaco, et al.;

No. 83-5088. Larry Gilbert, Petitioner v. South Carolina;

No. 83-5092. J. D. Gleaton, Petitioner v. James Aiken, Warden, et al.;

No. 83-5148. Jose Martinez High, Petitioner v. Ralph Kemp, Super- intendent, Georgia Diagnostic and Classification Center;

No. 83-6090. Michael Gene Berryhill, Petitioner v. Robert Francis, Warden;

No. 83-6614. Clarence J. Tillis, Petitioner v. James C. Cooke, et al.;

No. 83-6626. Ernest Collins, Jr., Petitioner v. Western Electric Company, Inc.; and

No. 83-6627. Francisco Cepero Alers, Petitioner v. Commonwealth

of Puerto Rico, et al. The petitions for rehearing are denied.

No. 83-5716. Charles Thomas Corn, Petitioner v. Walter Zant, War- den. The petition for rehearing is denied. Justice Powell would defer action on the petition pending decision by the Court in No. 83-1590,

Francis v. Franklin.

(JOURNAL) THURSDAY, AUGUST 9, 1984 751 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. 82-2157. Central States, Southeast and Southwest Areas Pen- sion Fund, et al., Petitioners v. Central Transport, Inc., et al. The motion of petitioners to dispense with printing the joint appendix is denied.

No. 83-297. Armco Inc., Appellant v. David C. Hardesty, Jr., State

Tax Commissioner of West Virginia. The appellant is requested to file a response to the petition for rehearing within thirty days.

No. 83-997. Trans World Airlines, Inc., Petitioner v. Harold H.

Thurston, et al.; and

No. 83-1325. Air Line Pilots Association, International, Petitioner v.

Harold H. Thurston, et al. The motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae is granted.

No. 83-1013. Chemical Manufacturers Association, et al. , Petitioners v. Natural Resources Defense Council, Inc., et al.; and No. 83-1373. United States Environmental Protection Agency, Peti- tioner v. Natural Resources Defense Council, Inc. , et al. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted.

No. 83-1045. United States Department of Justice, et al. , Petitioners v. Anthony Provenzano; and

No. 83-5878. Alfred B. Shapiro and Gregory J. Wentz, Petitioners v. Drug Enforcement Administration. The motion of respondent in No. 83-1045 and petitioners in No. 83-5878 for divided argument is granted.

No. 83-1065. County of Oneida, New York, et al., Petitioners v. Oneida Indian Nation of New York State, etc., et al.; and

No. 83-1240. New York, Petitioner v. Oneida Indian Nation of New

York State, etc. , et al. The motion of petitioners for divided argument and for additional time for oral argument is granted and fifteen additional minutes are allotted for that purpose. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for 752 THURSDAY, AUGUST 9, 1984 divided argument and for additional time for oral argument is granted and fifteen additional minutes are allotted for that purpose.

No. 83-1084. Vista Resources, Inc., et al., Petitioners v. Seagrave

Corporation. The motion of Advance Ross Corporation for leave to file a brief as amicus curiae is granted. The motion of Ivan K. Landreth, et al. for leave to file a brief as amici curiae is granted. (JOURNAL) THURSDAY, AUGUST 16, 1984 753 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. 94, Original. State of South Carolina, Plaintiff v. Donald T. Regan, Secretary of the Treasury of the United States. The motion of National Governors' Association for leave to intervene as a party plaintiff is referred to the Special Master.

No. 84-138. South Carolina, Appellant v. United States, et al. The application for stay addressed to Justice Powell and referred to the Court is denied.

Rehearings Denied

No. 82-1350. United States, Petitioner v. United Scottish Insurance

Co., et al.;

No. 83-490. Ralph Davis, etc., et al., Appellants v. Gregory Scott Scherer; No. 83-747. Washington Metropolitan Area Transit Authority, Peti- tioner v. Paul D. Johnson, et al.;

No. 83-916. United States, Petitioner v. Allan Wayne Morton;

No. 83-6260. Michael J. Travaglia, Petitioner v. Pennsylvania;

No. 83-6277. Deborah Handy, Petitioner v. James W. Peck, etc.;

No. 83-6410. Chester Patterson, Petitioner v. Phillip Heffron, et al.;

No. 83-6567. John D. Arnold, Petitioner v. South Carolina;

No. 83-6575. John H. Plath, Petitioner v. South Carolina;

No. 83-6591. Ratimir Maximilian Pershe, Appellant v. Enrique

Irizarry, etc., et al.;

No. 83-6610. Margie Bullard Barneld, Petitioner v. Kenneth W. Har- ris, Superintendent, North Carolina Correctional Center for Women, et al.; and

No. 83-6649. William M. Slater, Petitioner v. United States. The petitions for rehearing are denied.

No. 82-1005. Chevron U.S.A. Inc., Petitioner v. Natural Resources Defense Council, Inc., et al.; 754 THURSDAY, AUGUST 16, 1984

No. 82-1247. American Iron and Steel Institute, et al., Petitioners v.

Natural Resources Defense Council, Inc., et al.; and No. 82-1591. William D. Ruckelshaus, Administrator, Environmen-

tal Protection Agency, Petitioner v. Natural Resources Defense Coun-

cil, Inc. , et al. The petition for rehearing is denied. Justice Marshall, Justice Rehnquist and Justice O'Connor took no part in the consideration or decision of this petition.

No. 83-6395. Nazareen Ward, Petitioner v. General Motors Corpora- tion; and

No. 83-6396. Nazareen Ward, Petitioner v. Equal Employment Opportunity Commission. The motions for leave to file petitions for rehearing are denied. (JOURNAL) THURSDAY, AUGUST 23, 1984 755 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v.

San Antonio Metropolitan Transit Authority, et al. The motion of the Solicitor General for divided argument is granted.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al.,

Petitioners v. United States. The motion of American Movers Confer- ence, et al. for leave to file a brief as amici curiae is granted. The motion of Edison Electric Institute for leave to file a brief as amicus curiae is granted. No. 83-812. George C. Wallace, Governor of the State of Alabama, et al., Appellants v. Ishmael Jaffree, et al.; and

No. 83-929. Douglas T. Smith, et al, Appellants v. Ishmael Jaffree, 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. 83-990. School District of the City of Grand Rapids, et al., Peti- tioners v. Phyllis Ball, et al. The motion of respondents to permit Nancy L. Dilley, Esq., to present oral argument pro hac vice is denied. No. 83-1437. Jeffrey Marek, Thomas Wadycki and Lawrence Rhode,

Petitioners v. Alfred W. Chesny, Individually and as Administrator of the Estate of Steven Chesny, Deceased. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 83-1476. United States, Petitioner v. Mary Dann and Carrie Dann. The motion of American Land Title Association for leave to file a brief as amicus curiae is granted. 756 THURSDAY, AUGUST 23, 1984

No. 83-1625. United States, Petitioner v. Lyle Gerald Johns, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 83-6864. Eugene A. Tafoya, et al., Appellants v. United States. The application for stay addressed to Justice O'Connor and referred to the Court is denied. (JOURNAL) TUESDAY, SEPTEMBER 4, 1984 756A SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-139. Ernest Knighton, Jr., Applicant v. Ross Maggio, Jr., Warden. The application for certificate of probable cause and stay of execution of the sentence of death presented to Justice White and by him referred to the Court is denied. Dissenting opinion by Justice Bren- nan with whom Justice Marshall joins. Justice Blackmun and Justice Stevens would grant the application.

(JOURNAL) FRIDAY, SEPTEMBER 7, 1984 756B SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Certiorari Denied

No. 84-5378. Ernest John Dobbert, Jr., Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections. The application for stay of execution of the sentence of death presented to Justice Pow- ell 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 Cir- cuit denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice Stevens would grant the application for stay of execution.

(JOURNAL) SUNDAY, SEPTEMBER 9, 1984 757 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens and Justice O'Connor.

Certiorari Denied

No. 84-5383. Timothy George Baldwin, Petitioner v. Frank C. Black- burn, Warden. The application for stay of execution of the sentence of death presented to Justice White 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 denied. Dissenting statement by Justice Brennan and Justice Marshall.

(JOURNAL) TUESDAY, SEPTEMBER 18, 1984 759 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Orders in Pending Cases

No. A-1071. Damon Dukes, Applicant v. Maryland et al. The application for stay addressed to Justice Rehnquist and referred to the Court is denied. No. D-397. In the Matter of Disbarment of Laurence Edgar Berg- man. Disbarment order entered. No. D-415. In the Matter of Disbarment of Robert W. Luoma. Dis- barment order entered. No. D-421. In the Matter of Disbarment of Lloyd Earl Taylor. Dis- barment order entered. No. D-425. In the Matter of Disbarment of William Leonard Denend. Disbarment order entered. No. D-426. In the Matter of Disbarment of Harold Stephen Peckron. Disbarment order entered. No. D-431. In the Matter of Disbarment of Norma Mims Watson. Disbarment order entered. No. D-433. In the Matter of Disbarment of Allen E. Gramza. Disbar- ment order entered. No. D-434. In the Matter of Disbarment of John C. Schettino. Dis- barment order entered. No. D-436. In the Matter of Disbarment of Charles P. Howard, Jr. Disbarment order entered. No. D-439. In the Matter of Disbarment of Julius M. Gerzof. Disbar- ment order entered.

No. D-446. In the Matter of Disbarment of David Lee Winner. It is ordered that David Lee Winner, of Wooster, 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-448. In the Matter of Disbarment of Willis Walter Holloway,

Jr. It is ordered that Willis Walter Holloway, Jr., of Lexington, Ken- tucky, be suspended from the practice of law in this Court and that a 760 TUESDAY, SEPTEMBER 18, 1984 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-451. In the Matter of Disbarment of Rafford Eugene Jones. It is ordered that Rafford Eugene Jones, of Raleigh, 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. 82-1913. Joe G. Garcia, Appellant v. San Antonio Metropolitan Transit Authority, et al.; and

No. 82-1951. Raymond J. Donovan, Secretary of Labor, Appellant v. San Antonio Metropolitan Transit Authority, et al. The motion of Na- tional League of Cities, et al. for leave to participate in oral argument as amici curiae and for additional time for oral argument is denied.

No. 82-1922. Southern Motor Carriers Rate Conference, Inc., et al.,

Petitioners v. United States. The motion of petitioners for divided argument and for additional time for oral argument is denied. No. 82-2157. Central States, Southeast and Southwest Areas Pen- sion Fund, et al., Petitioners v. Central Transport, Inc., et al. The motion of Bricklayers Fringe Benefit Funds-Metropolitan Area, et al. for leave to file a brief as amici curiae is granted. The motion of Arthur Young & Company for leave to file a brief as amicus curiae is granted. The motion of National Coordinating Committee for Multiemployer Plans for leave to file a brief as amicus curiae 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. 83-18. Dun & Bradstreet, Inc., Petitioner v. Greenmoss Build- ers, Inc. The motion of American Federation of Labor and Congress of

Industrial Organizations for leave to file a brief as amicus curiae is granted. No. 83-469. United States, Petitioner u Billy G. Young. The motion of the Solicitor General to permit Michael W. McConnell, Esquire, to present oral argument pro hac vice is granted.

No. 83-712. New Jersey, Petitioner v. T.L.O. The motion of New Jersey School Boards Association for leave to file a brief as amicus curiae is granted. The motion of National Association of Secondary School

Principals for leave to file a brief as amicus curiae is granted. The motion of National School Boards Association for leave to file a brief as amicus curiae is granted. The motion of National School Boards Associ- ation for leave to participate in oral argument as amicus curiae is denied. TUESDAY, SEPTEMBER 18, 1984 761

No. 83-1015. National Association for the Advancement of Colored

People, etc., et al., Appellants v. Hampton County Election Commis- sion, etc., et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-1035. Tennessee, Appellant v. Cleamtee Garner, etc., et al.; and

No. 83-1070. Memphis Police Department, et al., Petitioners v.

Cleamtee Garner, etc. , et al. The motion of The Police Foundation, et al. for leave to file a brief as amici curiae is granted.

No. 83-1362. Cleveland Board of Education, Petitioner v. James Lou- dermill, et al.;

No. 83-1363. Parma Board of Education, Petitioner v. Richard Don- nelly, et al.; and

No. 83-6392. James Loudermill, Petitioner v. Cleveland Board of Education, et al. The motion of petitioner in No. 83-1362 for divided argument is denied. The motion of petitioner in No. 83-1363 for divided argument is denied.

No. 83-1476. United States, Petitioner v. Mary Dann and Carrie Dann. The motion of the Solicitor General to dispense with printing the joint appendix is granted. No. 83-1660. Charles M. Atkins, Commissioner of the Massachusetts

Department of Public Welfare, Petitioner v. Gill Parker, et al.; and

No. 83-6381. Gill Parker, et al., Petitioners v. John R. Block, Secre- tary, Department of Agriculture, et al. The motion of the Solicitor Gen- eral for divided argument is granted.

No. 83-1708. Dean Witter Reynolds Inc., Petitioner v. A. Lamar Byrd. The motion of Securities Industry Association, Inc., et al. for leave to file a brief as amici curiae is granted.

Rehearings Denied

No. 82-6935. Joseph Patrick Payne, Sr., Petitioner v. Virginia;

No. 83-850. United States, Petitioner v. James Connors Karo, et al.; and

No. 83-979. Donald Lorrin Cronn, Petitioner v. United States. The petitions for rehearing are denied.

No. 81-757. W. Wayne Allen, Petitioner v. Inez Wright, etc., et al.; and 762 TUESDAY, SEPTEMBER 18, 1984

No. 81-970. Donald T. Regan, Secretary of the Treasury, et al., Peti- tioners v. Inez Wright, et al. The petition for rehearing is denied. Jus- tice Marshall took no part in the consideration or decision of this petition.

No. 82-1771. United States, Petitioner v. Alberto Antonio Leon, et al. The petition of Sanchez and Stewart for rehearing is denied.

No. 83-851. South Street Seaport Museum, etc., Petitioner v. Craig McCarthy, et al. The motion for leave to file second petition for rehearing is denied. Justice Marshall took no part in the consideration or decision of this motion.

No. 83-1321. California, et al., Petitioners v. Tenneco Oil Company, et al.;

No. 83-1432. Public Utility Commissioner of Oregon, et al., Petition- ers v. Phillips Petroleum Company, et al.;

No. 83-1433. Northwest Pipeline Corporation, et al., Petitioners v. Phillips Petroleum Company, et al.;

No. 83-1442. El Paso Natural Gas Company, Petitioner v. Tenneco Oil Company, et al.; No. 83-1443. Pacific Gas and Electric Company and Southern Califor- nia Gas Company, Petitioners v. Tenneco Oil Company, et al.; and

No. 83-1618. Federal Energy Regulatory Commission, -Petitioner v.

Tenneco Oil Company, et al. The petition for rehearing is denied. Jus- tice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

July 16, 1984

Applicant City and State Movant

Fred Stanton Ackerman Albany, NY Sol Greenberg Randy Grant Allen Houston, TX David Hardin Graves Victoria L. Baden Miami, FL Larry A. Stumpf Michael Barclay Los Angeles, CA Daniel A. Weber John Michael Barton Columbia, SC Robert Reid Carpenter Scott Ira Batterman New York, NY Christopher Marc Nolland TUESDAY, SEPTEMBER 18, 1983 763

Applicant City and State Movant

Jeffry Mark Bauer Detroit, MI Patrick A. Keenan Terry S. Bienstock Miami, FL Phillip J. Sheehe Howard P. Blatchford Jr. Gloucester, MA John Charles Boger Helen Gibel Blechman Washington, DC Whitney M. Adams Nettie Cohen Blume Tuscaloosa, AL Gary L. Blume Richard R. Boisseau Atlanta, GA Susan A. Cahoon Adam Bourgeois Chicago, IL Howard Thornton Savage Norman Francis Boxley Los Angeles, CA Richard Albert Neumeyer Michael Landers Brant Klamath Falls, Richard Clarence OR Beesley James Herbert Brewster Poway, CA Dennis Pearce Kelly Dennis Lee Bricker Tulsa, OK Bruce Peterson Robert Joseph Brinkmann Washington, DC Richard M. Schmidt Jr. R. Ray Brooks Tampa, FL Lawrence Litrico Scott Catherine Ann Brown Washington, DC Arthur Marc Levin James H. Brown Jr. New Orleans, LA Edward F. Kohnke IV Harrison Edwin Bull Santa Barbara, Robert Marshall CA Sanger Judd J. Carhart Boston, MA Joseph S. Oteri John A. Christy Atlanta, GA David Howard Flint Lloyd S. Clareman New York, NY Harvey D. Myerson James John Coffey Pittsburgh, NY Thomas A. Robinson John Kennedy Cooper Glen Ridge, NJ Morris J. Stern Javier Cuevas-Silva San Juan, PR Jaime R. Nadal- Arcelay Rick Vincent Curcio Los Angeles, CA William Wiley Bedsworth II .

764 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant

John J. Davey Madison Heights, Dennis Donohue MI

Bartley Fuller Day Hilo, HI David I. Day Jr. Lucia A. Dougherty Miami Beach, FL John A. Ritter Edward P. Dunphy New York, NY Steven DiJoseph John W. Edmonds III Richmond, VA Henry T. Wickham Eileen M. Ellsworth Greenwich, CT Charles Stephen Tusa Waymond Warren Elrod II Little Rock, AR Robert Leonard Waldrum Peter J. Flanagan New York, NY Thomas Leo Stapleton James M. Flenner Phoenix, AZ Mark Wilmer William D. Forbes Miamisburg, OH Giles Jackson Davis Jr. Karen E. Ford San Francisco, CA Richard Hunt Harding James C. Gallagher Lvndon VT Charlps Desmond Hiokpv

Marilyn Garber T ,nQ AtktpIpq C*, A IvUUcUU L/aUlcllCC

frnlHTnjiri\j\Jl\JLlllall

Philip G. Gardner 1U

LaFollptfpLa a J. UilC t LC Richard L. Garza San Antonio TX FHwjjvH THav .TV

Bryan R. Gerstel San Diee-o CA Williamr T HI iCKlll KXV. OllCCUSVlPQTPTCI TNTnYlf'OYYmPY'V AT. rxju l_/cillll£> i> . Thomas Martele Goggans luuiiigumei y , Ddlotic Lewis Alan Golinker newNpw YorkXUIIV, NYX UtfjrCCTr»vpp xxcilaTTpnci UIlivppnCCll Yolanda Barrera Gomez TJJUO,r»« ZVllgClCo,AtictpIpq C.VjAA lVTannpl TT A niA T*onir»duju Francis Xavier Grabowski r erKasie, ra xvoueri w Valimont Michael D. Graves Tulsa, OK Frederick K. Slicker Alan Lee Green Riverside, CA Robert Edward Boehmer TUESDAY, SEPTEMBER 18, 1983 765

Applicant City and State lllvMovantV Cult

Douglas P. Grim Los Angeles, CA Charles H. MacNab Jr. Richard M. Grimsrud Jr. Flagstaff, AZ Dale Harrison Itschner H. Craig Hall Salt Lake City, David Lawrence UT Wilkinson Deborah Booty Halvonik Berkeley, CA Jerome B. Falk Jr. Richard A. Hayes Whittier, CA Edward L. Miller William Manning Hibbard Concord, NH Sebert L. Trail Michael T. Jacobson Rockville Centre, Isaac Blachor NY Michael Jewett Ashland, OR Joel B. Reeder Philip W. Johnson Lubbock, TX Cecil Crawford Kuhne Sheri Lynn Johnson Ithaca, NY Nelson Eugene Roth Charles M. Jones Hinesville, GA Jeffrey Lawrence Arnold John C. Klotsche Chicago, IL Walter A. Slowinski Jr. William James Kopeny Santa Ana, CA James Randall Goff Martin Stuart Korey Chicago, IL Richard Michael Stanton Glenn Maunu Kottcamp Fresno, CA Anthony Patrick Capozzi Lawrence Jay Kuznetz Spokane, WA Sidney Edward Wurzburg Francis X. Lame Bull Harlem, MT Thomas E. Towe Marilyn E. Levine Los Angeles, CA Daniel A. Weber Todd Edward LePage Richmond, VA James E. Kulp James Emmett Logan Kansas City, MO Martin James Purcell Hector J. Lombana Miami, FL George V. Lanza Michael M. Malkin New York, NY Gilbert H. Weil William Colby Marlatt Jr. Lake Foest, IL John Edward Porter 1

766 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant

Ralph Glenn Martinez San Diego, CA Stephen H. Lazarian Jr. Joyce Ann Naumann Fairfax, VA Michael Charles Massey Montavon Michael P. May Madison, WI Henry A. Field Jr. Patrick F. McGrew Baton Rouge, LA Edward Joseph Walters Jr. John M. Merritt Oklahoma City, Frederick J. Hoyt OK Sarah Alexandra Miller Washington, DC Thomas Buergenthal Alan Michael Mirman Beverly Hills, CA Victor Michael Epport James C. Mize Jr. Orlando, FL John Bush Fuller Daniel J. Mogin San Diego, CA William Andersen Dougherty Michael Patrick Moloney Dayton, OH Charles J. Faruki Ronald Lee Monterosso New York, NY Michael George Shannon Ronald Eugene Mumford Clifton, ID Stephen H. Muse Gerard Norris Murphy Washington, DC Louis H. Mann Francis James Murray St. Paul, MN Elmer H. Wiblishauser

XvUUliWRodnpvV TCpvinV 111 O'DonnpllV_/ X/Vyilllwll Offallala NB Judfypfj UUgv ThomasX 11V/111C40 XTX.M Shanahan

AllenIXLlvll J%J • VClUvlOehlertw Snrintrfipld IL Rocpr F Jacobs

XVlWllcllRichardV* UoUiOahripllCi Onnpr\j jjpei iigAp"anaCll Id , GIT\J KJ Charlps Hpnrv

TVoutman1 1 UUlllluil XXXI

XJTj « l/(UvDalp OwpnsV_/ W WHO Atlanta GA GordonUvl vlvyll DpanX>r \^ Cll Booth Jr

Fred W Palmorp III Richmond VA llvluHpnrvJr TX . Wickham Archibald A. Patterson New York, NY Robert D. Taisey J. Larry Paulson Bremerton, WA Bruce Gene Martin Ronald H. Peacock Port Charlotte, Earl Drayton Fair FL Jr. William R. Pendergast Washington, DC Gerald B. Greenwald TUESDAY, SEPTEMBER 18, 1983 767

Applicant City and State Movant

Warren C. R. Perry Lawai, HI Max W. J. Graham Jr. Karl R. Petrey Anaheim, CA Kenneth H. Combs Emmanuel L. Pruitt Little Rock, AR George Howard Jr. J. Kevin Ramsey Canton, OH Richard Everett Davis Timothy D. Reuben Beverly Hills, CA Jeffrey L. Nagin Carroll Rhodes Hazlehurst, MS Miles Curtiss McKee Kenneth John Ries Jonesboro, GA Walter Cotton Kurtz Stephen Robinson Riskin Los Angeles, CA Ronald Laurence Goldman Lansing J. Roy Keystone Fletcher Heights, FL Nathaniel Baldwin Jr. Kent A. Russell San Francisco, CA N. Rommel Bondoc Vance Edwin Salter Miami, FL Talbot D'Alemberte Karl F. Schmidt Kansas City, MO Martin James Purcell Whitney Lawrence Schmidt Rumson, NJ Lawrence E. Walsh Michael Henry Schoenfeld Washington, DC James Douglas Booker Kenneth C. Scull Phoenix, AZ Marc Budoff John Samuel Shambra New Orleans, LA Russ M. Herman Henry Lee Shrager Philadelphia, PA Seymour Kurland Clayton Daniel Simmons Sanford, FL Ned N. Julian Jr. Robert V. Simpson Jr. Montpelier, VT John J. Easton Jr. John Oscar Skagerberg Dallas, TX Franklyn M. Gimbel William G. Small Houston, TX Robert Smith Blanc III Dolores V. Mason Smith New Orleans, LA William R. Campbell Jr. A .

768 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant

James Emory Smith Jr. Columbia, SC T. Travis Medlock j ames iirinur j osepn opaii xieiena, ivii lviicnaei jicoarter H. Jay Spiegel Alexandria, VA Judge Clarence C. liCW CUIilCI Darnel D. Stier Madison, WI Bronson C. LaFollette RrmalH Ohprlin Svllino* XvV/llCUU V_/ UCI li.ll Ojlllllg i-Zdi v ci , v^, w Williamit micmi Kiv. iRisvio Webster Conroy Tally Bay City, MI John W. Piggott Michael L Tavlor Los Anceles CA Empst A Carrprp Jr.

RtiippDiULC TTinmT^QnnX HUlllLlovsll Santa Fp NM r^ViQT'lrkttpKjlVal. IUILC TTi*5>mU I cull N. Morrison Torrey Chicago, IL Stephen Philip Sawver Brent Edward Vailens Los Angeles, CA Martin Lee

r ii catciii Everett John VanGaasbeck Vero Beach, FL Theodore William Herzog

SfpnViPnOLcpncii uTn«pnV>uocpii Varif^rmyV dllVTUUl A npnnva o*p A k IjClvUj ILiUgCilC

.L/C V caUA Con Tiior "PT? j ose ijUis v argas in unez oan juan, rii AJigei a.

V alCilLld.- Annnfp

Joan Lispnskv Volnprt XPortlandul Lldl Xvl , ORVIV Llovd Ravlp^ Ericsson

TvToTTt*'in T A n ri votk W Rnhprt Ward iTldl Llil J . rUlvii cW Kenneth R. Webster Oklahoma City, N. Martin

OK StTincrpTO L.1 11 Ig CI

icier rvliurcw Well jjenver,ilATltTflV k^kjlit ooiicitor vjrenerai Ppy F T po Jeffrey Wellerstein Stockton, CA Robert N. vvllcu glil William E. West Jr. Winston-Salem, Fred G. Crumpler

liNCV_/ jTri F)pp CrwpnVJ VvvU DavidCt V IVwi Wpstfallm V-'O LI Gill Dallasi—/ aiicio , TXl it. Rrnwn Walker Linda Marie Wilde-Hamud Los Angeles, CA Donna Alyson Little

Mark L. Zaiger Cedar Rapids, I Robert 0. Daniel TUESDAY, SEPTEMBER 18, 1983 769

Applicant City and State Movant

David D. Zeglis Kankakee, IL Donald D. Zeglis James D. Zeglis Rockford, IL Donald D. Zeglis John D. Zeglis McLean, VA Donald D. Zeglis

July 30, 1984

Applicant City and State Movant

John W. Able Houston, TX Thomas Franklin Coleman Jr. Heddy J. Breuer Baltimore, MD William Leroy Abramowitz Reynolds II M. Benson Abramowitz Baltimore, MD William Leroy Reynolds II Mark F. Adams San Diego, CA Daniel B. Hunter Louis F. Allen Memphis, TN Edward P.A. Smith Ward L. Armstrong Martinsville, VA R. Reid Young III Brian Michael Asserson New York, NY Philip Hoffer Richard Daniel Avil Jr. Cleveland, OH Archibald Theodore Gardinerlll James Randolph Baker Oklahoma City, Tom A. OK Friedmann John T. Bannen Milwaukee, WI Irvin B. Charne Mark Hugh Barrett Norman, OK Gary Peterson Thomas Lee Bartlett Houston, TX Thomas Franklin Coleman Jr. William W. Bassett San Francisco, CA Michael C. Hone Kelly R. Beckley Eugene, OR Gerald A. Stimmel G. Patrick Black Beaumont, TX Douglas Milton Barlow George F. Bloss III Gulfport, MS Bobby Gene O'Barr Richard E. Bosse Boca Raton, FL Thomas Neil Murphy Jr. William Lee Bransford Burke, VA George J. Shaw Jr. 770 TUESDAY, SEPTEMBER 18, 1983

Applicant L/ity ana state Movant

MichaelJ. Brennan Staten Island, NY David Goldfarb Keefe Alan Brooks Detroit, MI Richard Edward Rassel Rene Patricia Brown Washington, DC Walter Terry Maguire Robert J. Brown Dayton, OH Armistead W. Gilliam Jr. George Bruggeman Jr. San Bernardino, Paul Robert CA Walter Rick Louis Brunner Columbus, OH Paul Orion Scott William B. Bryan Angola, IN James A. Robbins David Michael Buda Columbus, OH Paul Orion Scott Joseph Michael Burke New York, NY Leonard Orkin Daniel Leo Callahan Fairbanks, AK Dick L. Madson Glenn Dale Cannon Gulfport, MS William L. Stewart Gisela Cardonne Miami, FL Jose R. Garcia- Pedrosa Joseph Anthony Cari Jr. Chicago, IL Martin Anthony Russo Wayne Carson Fort Lauderdale, Jack Stein FL James H. Coil III Atlanta, GA William Henry Boice James B. Cole Pittsburgh, PA Paul D. Boas Danny Lee Cowser Park Falls, WI Stephen Donald Willett Duane Elmer Crowley Jr. Austin, TX Leslie Anne Benitez John McDonald Delehanty New York, NY Simon H. Rifkind Victor A. Deutch Woodbridge, NJ Donald Katz Francis D. Dibble Jr. Springfield, MA Martin D. Turpie Joseph Patrick Donovan Tucson, AZ John Michael Sando David M. Doret Philadelphia, PA H. Robert Fiebach Charles Lane Drew Atlanta, GA Hosea Alexander Stephens TUESDAY, SEPTEMBER 18, 1983 771

Applicant City and State Movant

Clifford Eugene Duggan Jr. Merrillville, IN John Stephen Dull Robert L. Dunnett Los Gatos, CA Benjamin Margolis Leonard Prentice Eager III Atlanta, GA F. Glenn Moffett Jr. J. Michael Eakin Carlisle, PA Edgar Bayley Jr.

" bhari Eggleson Madison, WI MaryannHIT SunnCi David G. Eisenstein Tucson, AZ Max Charles Richards John R. Ellis Seattle, WA Kenneth 0. Eikenberry Leslie Goldie Espinoza Boston, MA Laurence Henry Tribe Ronald Curtiss Evans ot. r aui, MJN Richard A. Moore Nathaniel Mark Ewing Vincennes, IN Arthur L. Hart John Parker Farra Houston, lA Joseph Houston Rentz uary l . r arreii Spokane, WA KOuert u. ueiiwo Walter J. Fleischer Jr. Morristown, NJ James Henry Freis

Kobert J . r rank Washington, JJO George rl. Spencer

r» l j tt James Lewis Frazin T>Deernelu, 1L Abraham L. iviaroviLZ iviaureen r eran r reeaianu iNew uneans, LiA xvenciaii u. v ick

William Eugene Frulla Mempnis, lis rj award r.A. omitn Carl Byron Fry Columbus, OH Paul Orion Scott Steven Charles Geeting Riverside, CA Don C. Brown Alphonse A. Gerhardstein Cincinnati, OH Robert Franklin Laufman XT«,.., "V^—l- X7"V Vincent K. Gilmore New York, NY (jrloria JJ. K. jjcx ivcicy Steven Gittler Buffalo, NY Robert Brian Moriarty Gerald Bruce Glazer Sacramento, CA Emry James Allen Peter F. Goldscheider Palo Alto, CA Michael A. Nichols 772 TUESDAY, SEPTEMBER 18, 1983

Applicant Lity and otate Movant

Warren James Granville Phoenix, AZ Steven John Twist Katherine Greason HalloweU, ME James Eastman Smith Gary Robert Griffith Atlantic City, NJ Mark Biel Michael E. Grueschow Ravenna, OH Kenneth Neil Bailey Gloria Schottenstein Haffer Cincinnati, OH Robert W. Buechner Marianne Mele Hall Falls Church, VA Alfred Avins Thomas Clifford Hayden Jr. LaPlata, MD Eugene A. Jenkins Jr. Charles W. Hill Memphis, TN Edward P. A. Smith Frederick Ladd Hitchcock Chattanooga, TN John Shields Carriger James Hugh Holloway Jr. Sylva, NC John Denison Ray Philip F. Horning Oklahoma City, James Davison OK Fellers Nathaniel Barker Hughes Memphis, TN Richard Allen III Brackhahn

Jerry A. Jacobson Ashland OR G\J c PhilinA A I1A1 hJ ArnoldAXAAA\*/AIA Erich William James Memnhis TN Edward P A

Smithh^/ a a aa va a Leonard Hjalma Johnson Dade City, FL George C. Dayton Barrv David Joseohs Framinffham MA David J Sarj?ent Robert Max Kampfer Great Falls MT James R Paul Martin S. Kass New York, NY Martin Zockerbrod

Karl A Kaszuba Stvj w « Petersburg*aw u wi kj iky Jav Lindsev m ^ FL Cohpn Stewart J. Katz Detroit, MI David Edward Kempner Stephen W. Kay North Platte, NB Harold W. Kay John G. Kearins Chicago, IL James Martin McHale Stephen John Keating Miami, FL Robert Anthony Ginsburg Daniel Kemp Kinder Providence, RI Thomas Joseph McAndrew TUESDAY, SEPTEMBER 18, 1983 773

Applicant City and State Movant

Steven Neil Klitzner Miami, FL P. J. Carroll William L. Koslosky Harrisburg, PA Janet Freedman Stotland Richard J. Kowen Honolulu, HI Richard Lyle Griffith Cliffe E. Laborde III Lafayette, LA Timothy John McNamara Mark P. Ladner New York, NY Barrington Daniels Parker Jr. John Loring Langslet Portland, OR Lloyd Bayles Ericsson

A i • -T-l A 1 Jose J. Larraz Jr. Miami, FL Antonio E. Alonso David Charles Larson San Diego, CA Walter J. Landen * T"l j J HIT T T"» • 1 1 A j_ Edward M. Lavin San Antonio, TX Richard August Flume Jr. Charles S. Lindberg r airtax, V A Warren Belmar Elizabeth Rose Lishner Los Angeles, CA Richard Josef uavis jr.

T) "KIT A Joanne M. Maas boston, MA 1 nomas r . .Burke James J. Maune New York, NY Dana M. Raymond

TT 1 _ l_ XT T David r . McBride Hackensack, NJ Richard J. Ryan Martin J. McClam Cheyenne, WY Leonard D. Munker F. Scott McCown Austin, TX Paul Edward btal lings Jeffrey Lee Mcr adden ban Diego, CA George Robert ueLoacn Jr. V. Bryan Medlock Jr. Dallas, TX D. Carl Richards s~1l • XT David M. Meister Chicago, IL Michael Allen Stiegel

T • T Hen T*1 1 1 T*k A Louis Jay Miller Memphis, TN Edward P. A. omitn Richard B. Miller Macon, GA Edward S. SeU Jr. Daniel F. Minahan Jr. Denver, CO Daniel Francis Minahan Robert L. Minor Marceline, MO Thomas Patrick DeBerry 774 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant

John Frank Mitchell Bremerton, WA Bruce Gene Martin James Robert Moore Oklahoma City, Clarence Kent OK Eldridge Carl Frederick Muller Greenville, SC Alfred F. Burgess Gary C. Nawa Washington, DC Richard Albert Neumeyer Lawrence Nestler Sylva, NC John Denison Ray Roger Herbert Norman Lancaster, OH William G. Coultrap Wallace Randolf Nugent San Diego, CA Daniel B. Hunter Frederic Bennett O'Neal Orlando, FL C. Brent McCaghren James Douglas Ogle Houston, TX William J. Stradley Michael R. Panter Chicago, IL David R. Melton Raymond Arthur Pierson Mobile, AL Lee Louis Hale Edwin Lloyd Pittman Jackson, MS Stephen Joseph Kirchmayr Jr. Kenneth L. Popejoy Wheaton, IL Charley Popejoy Durwood Royce Powell Rocky Mount, NC James W. Keel Jr. William Taylor Ramsey Viola, TN James F. Neal Robert J. Raubach Baldwin, NY Judge George C. Pratt Patricia M. Reilly Washington, DC Philip Victor Permut Howard Rezak New York, NY Philip Hoffer Daniel Rhoades New York, NY Karl L. Kenyon Joseph George Riemer III Scarsdale, NY Roger J. Hawke Eleanor Robinson Houston, TX Calvin Botley Leslie Brooks Rosen Los Angeles, CA Michael P. King Arthur R. Rosenberg Fort Lauderdale, Jack Stein FL Karl F. Rugaard DeSoto, TX Richard M. Keiser Tonda F. Rush Washington, DC Pamela Joy Riley Charles R. Schmadeke Springfield, IL Ellen J. Schanzle- Haskins John A. Schmidt Galveston, TX Charles M. Jordan TUESDAY, SEPTEMBER 18, 1983 775

Applicant City and State Movant

Earle J. Schwarz Memphis, TN Edward P.A. Smith Lawrence W. Secrest III Bethesda, MD Philip Victor Permut Gerard A. Serritella Jr. Peoria, IL Robert S. Calkins Joseph W. Shea III Cincinnati, OH Ernest Hanlin Bavely Michael 0. Sheehan Hamden, CT Francis Xavier Dineen G. Kenneth Shiroishi Portland, OR Robert R. Carney Kenneth Irving Sidle Los Angeles, CA Peter R. Pancione John Bennett Sinclair Baltimore, MD Mark D. Gately Robert Jay Sinclair Houston, TX Robert A. Bussian William Martin Slonaker Dayton, OH Earl James Wampler Michael G. Smith Fort Lauderdale, Lawrence N. FL Rosen Michael St. Peter San Francisco, CA Susan S. Hailing Jon Tom Staton Muskogee, OK A. Camp Bonds Jr. Lynne Feltham Stewart New York, NY Susan V. Tipograph William Sutherland Strong Boston, MA William Anderson Sutherland Christopher P. Sullivan Boston, MA Richard J. Levin C. Hall Swaim Boston, MA John Owen Todd John Wythe Tiedemann Tallahassee, FL Raymond L. Marky II James Patrick Tierney Los Angeles, CA Carl W. Shapiro Joseph H. Toogood Norristown, PA Judge Vincent A. Cirillo Mary E. Tracey Newark, NJ John D. Clemen Harold Howell Van Der Wheaton, IL LeRoy A. Grotto Molen Ellen B. Vergos Memphis, TN Edward P.A. Smith Robert J. Walker Nashville, TN Charles Kadel Wray A

776 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant carry Aian waiier uoiumuus, Uxi x^aui vjrion ocott iviarK warua uiearwaier, r Li Alex Durrance r men rtoane waring jr. lviempnis, iin Hiawara Jr. A.

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TT* •] TXT TtT^UU TTT Virgil w. weDD in Lexmgton, KY Jlatnryn kjslu Leeco Michael Lewis Werner Minneapolis, MN Kicnara Hunegs jonn Aiireq weiicome Los Angeles, CA Robert Laurence

David Wellenbrock otocKton, LA Patricia Margaret r reaericK oteven m. west Los Angeles, CA Beauford Herbert Phelps Jr.

• Tin. James Francis Whalen Waterloo, I Frederick Gale wnite jo c. wiaener Bristol, v a xiiram Himory Widener Jr. j onn \j, w lginore IjOS Angeies, kjA. nicnara v^aiawen ivicnara jl. wiiey vv asmngxon, u\j rnmp v ictor 1 Cl II1UL Carolyn Luedelia Williams Birmingham, AL Arthur E. Parker Scott E. Wilt Orlando, FL John Allen Gehrig Jeffrey A. Winikoff Ft. Lauderdale, .Tuple St pin FL Michael L. Zimmerman Fairfax, VA Adelard L. Brault

August 13, 1984

Applicant City and State Movant

Tom D. Adams Columbia, IL XFlnvHIvJjKA J_J.Fi VjluWUCIrirnwdpT*

Bruce S. Allen Philadelphia, PA otaniey ti. uonen Daniel Domenick Angiolillo White Plains, NY Joseph Angiolillo Milton Edward Babirak Jr. Washington, DC James J. Faris Brad Naley Baker Hermosa Beach, Richard Spence CA Wordes TUESDAY, SEPTEMBER 18, 1983 777

fMrv and Sfafp 1V1U V clIlL

Douglas James Balfour Boise, ID Donald Wilson Jackson Bruce Gaynor Baron Harrisburg, PA Jean Evelyn Graybill Kenneth R. Bennington Denver, CO Douglas Michael Tisdale F. Lloyd Blue Jr. Fort Walton Walter Joseph Beach, FL Smith Thomas H. Bornholdt Overland Park, Mary Susan KS Ellmaker Eric Raymond Borsheim Austin, TX Stephen Henry Capelle J. Howard Bratt Jr. Westwood, NJ Bernard Dorfman William John Bridge Richmond, VA Gerald Lee Baliles Daniel V. Burke Oceanside, CA Ramon D. Asedo Thomas John Burke Chicago, IL Ira Charles Feldman Joseph Francis Cafiero New York, NY Joseph M. Costello Frank David Calvert Beaumont, TX Fred Lock Benckenstein Neva T. Campbell Portland, OR John L. Schwabe Richard Murrell Carter Morristown, TN James Franklin Walsh John William Cleveland Sweetwater, TN J. Lewis Kinnard E. Barton Conradi Baton Rouge, LA Steven R. Giglio Barrett J. Corneille Madison, WI Carroll E. Metzner James Edward Cornwell Jr. Pearisburg, VA Hugh Gregory Campbell Jr. Mary C. Corporon Salt Lake City, Max D. Wheeler UT Larry Evans Cotten Fort Worth, TX Rowland David Broiles Sidney David Holmdel, NJ Lawrence Irwin Lerner Randall Joseph Davis Westminster, CO Richard Murray Borchers 778 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant

John J. Dawson Phoenix, AZ Lawrence Allen Katz J. LaDon Dewrell Fort Walton Walter Joseph Beach, FL Smith Walton Halleck Donnell Bowling Green, John Simmons OH Cheetwood James Paul Dornberger Philadelphia, PA Francis E. Shields Eric J. Eggan Lansing, MI Frank J. Kelley Charles W. Ehrhardt Tallahassee, FL Joshua M. Morse III Eduardo Rene Estades- San Juan, PR Francisco M. Rodriguez Dolz-Sanchez James Clyde Farley San Francisco, CA Mark Scott Hamilton David Lc Ferguson Bloomington, IN James H. Ferguson Richard Young Ferguson Winnie, TX Wendell Conn Radford Tad S. Foster Colorado Springs, Mervin Allen CO Ziegler Jr. Mark Freeman Beaumont, TX Louis Henry Beard Jon George Friedman Manhasset, NY Edward J. Walsh Jr. Morris Anthony Galloway Oklahoma City, Joe Earl Edwards OK Gary Scott Gildin Carlisle, PA Robert Edward Rains F. Stephen Glass Raleigh, NC Edwin Smith Preston Jr. John Michael Golden New Orleans, LA M. Truman Woodward Jr. Mark E. Goldstucker Dallas, TX Robert Nathan Udashen Linda L. Gray Oklahoma City, Michael Craig OK Turpen Elizabeth Anne Haas Spring Valley, NY Harvey Stephen Barr TUESDAY, SEPTEMBER 18, 1983 779

Applicant City and State Movant

Henry James Hall Los Angeles, CA Albert J. Menaster Albert H. Hanemann Jr. New Orleans, LA H. Martin Hunley Jr. Richard Gordon Harbinger Los Angeles, CA Johnnie L. Cochran Jr. Michael John Harig Baton Rouge, LA Joseph F. Keogh W. C. Harris Jr. Raleigh, NC Edwin Smith Preston Jr. Julian Huguenin Henry Athens, GA Ernest V. Harris John H. Hickey Miami, FL Earl DeWitt Waldin Jr. Gregory Dennis Hoffmann St. Louis, MO Martin M. Green Greg Holmes Louisville, KY William L. Davis Dallett Hoopes Waterbury, CT Gideon Franklin Rothweel IV Stanley M. Hostler Charleston, WV David D. Johnson Luvern Charles Johnson III Pocatello, ID Gerald W. Olson Charles Henry Kaplan New York, NY Saul G. Kramer David Ira Karp Woodland Hills, David L. Shane CA Edward M. Keech San Francisco, CA Graydon Shaw Staring Edmund M. Kneisel Atlanta, GA Duane C. Aldrich Randolph C. Knepper Baltimore, MD Robert E. Sharkey Benjamin Petersen Salt Lake City, Thorn D. Roberts Knowlton UT Alan Konrad Albuquerque, NM Allen Clement Dewey Jr. A. Frank Koury Houston, TX William Robert Pakalka Gus Anthony Lambrow Baltimore, MD Benjamin Louis Cardin Mitchell Baylor Lansden Baton Rouge, LA Steven R. Giglio Laurence E. Larmann Metairie, LA Antonio E. Papale Jr. Ralph Leon Liverman Eutaw, AL Raymond E. Ward 780 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant

Thomas E. Luebben Albuquerque, NM Richard W. Hughes John W. Madden III Denver, CO Douglas Michael Tisdale Kim Malcheski San Francisco, CA Ralph H. Johansen Steven M. Marks Miami, FL David Popper Stewart Andrew Marshall Winter Park, FL Hugh M. Palmer III Dean Richard May Newark, NJ Alexander Cohen Tod Douglas Megibow Paducah, KY Joseph S. Freeland Paul B. Meltzer Santa Cruz, CA James Francis Hewitt William L. Mentlik Westfield, NJ Lawrence Irwin Lerner Edward DeBlois Meyer Chattanooga, TN John Shields Carriger Charles Frederick Miller Indianapolis, IN Norman Hershell Jr. Gurwitz William Barry Milliken Miami, FL Frank J. Marston John D. Mixon Fort Worth, TX Beale Dean Laura Bendit Monroe Boston, MA John Reinstein R. Stephens Morrison Chicago, IL Earl G. Schneider Michael Scott Mullen Fort Wayne, IN Charles W. Havens III William T. Murphy San Rafael, CA Clyde Edward Miller William Henry Narwold Hartford, CT Francis J. McNamara Jr. G. T. Nebel Nashville, TN Steven Allen Riley Barbara A. Neider Madison, WI Robert Horowitz James F. O'Brien Boston, MA Ronald B. Shwartz John D. O'Brien Panama City, FL Paul Gordon Komarek Richard C. O'Connor New Albany, IN Telford B. Orbison TUESDAY, SEPTEMBER 18, 1983 781

Applicant City and State Movant

Keara M. 0 Dempsey in ew i orK, jn i raui u Uwyer ramela Hay raaley Uklanoma City, 1 nomas ii. lucker U-LV

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.Tjittipq T*)siviH Ti «j cixxxco Px • Pan^plilvauotii x/ctvivx xj« iPptpv^nnclci oun Stanley James Reed Bethesda MD Ronald L Earlv

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Paring riiffnrd Smith \_/IIdLLdlIUUgd, X li d.TnhnUXXXX OXXXCXUoSViipIH^ Carriger Gregory E. Smith Las Vegas, NV Nikolas Lamont Mastrangelo W. Thomas Spencer Miami, FL Arthur Howard Taylor Roger L. Stanard Los Angeles, CA David L. Shane .

782 TUESDAY, SEPTEMBER 18, 1983

Applicant City and State Movant

.TnspnViu uocun J?lit Stpplpuiccic Port Arthur TX Thomas ^V^ltpy* T TmnVtrpv