1981 Journal

Home , Eugene Smith (aviator), Ferdinand Fernandez, George Firestone, Gordon Jay Quist, Jack Dalrymple, Michael Clemente

OCTOBER TERM, 1981

Reference Index

Contents: Page Statistics n General in Appeals in Arguments in Attorneys iv Briefs iv Certiorari v Costs vi Judgments, Mandates and Opinions vi Miscellaneous vni Original Cases vni Parties x Records x Rehearings xi Rules xi Stays and Bail xi Conclusion xi

(i) II

STATISTICS AS OF JULY 2, 1982

In Forma Paid Original Pauperis Total Cases Cases

Number of cases on docket 22 2,935 2,354 5,311 Cases disposed of 6 2,390 2,037 4,433

Remaining on docket 16 545 317 878

Cases docketed during term: Paid cases 2,413 In forma pauperis cases 2,004

Original cases , 5 Total 4,422

Cases remaining from last term 889 Total cases on docket 5,311 Cases disposed of 4,433 Number remaining on docket 878 Petitions for certiorari granted: In paid cases 152 In in forma pauperis cases 7 Appeals granted: In paid cases 51 In in forma pauperis cases 0 Total cases granted plenary review 210 Cases argued during term 184 Number disposed of by full opinions *170 Number disposed of by per curiam opinions **10 Number set for reargument next term 4 Cases available for argument at beginning of term 102 Disposed of summarily after review was granted 8 Original cases set for argument 2 Cases reviewed and decided without oral argument 126 Total cases available for argument at start of next term ***126

Number of written opinions of the Court 141 Opinions per curiam in argued cases **9

Number of lawyers admitted to practice as of October 3, 1982: On written motion 4,077 On oral motion 1,002 Total 5,079

* Includes No. 89 Orig. ** Includes No. 81-89 *** Includes No. 81-1810 dismissed under Rule 53 on August 19, 1982. Ill

GENERAL: Page Court convened to announce 1981 Term; to release orders

and to hear oral arguments October 5, 1981; adjourned October 4, 1982 1,791 Court closed due to snow January 14, 1982. Court took 5 minute recess to consider whether arguments

should be cancelled due to weather January 13, 1982 ... 342 Allotment order, nunc pro tunc 96 Fortas, J., argued case (81-328) 500 announcement of death 595

Lee, Rex E., Solicitor General presented to the Court .... 1 Stewart, J. (Retired), designated and assigned to USCA-2 693 USCA-6 95 USCA-7 253 USCA-9 771 Vasil, Christopher W., appointed Deputy Clerk, effective

June 1, 1982 693 APPEALS: Appeal from Special Court, Regional Rail Reorganiza- tion Act of 1973, dismissed without prejudice (No.

, Haldeman v. United States Railway Association, etal.) 385 Appeal from Temporary Emergency Court of Appeals (81-96) 387

Appeal order issued on non-order list day (81-335) 231 Dismissed for want of jurisdiction, opinion per curiam (80-1576) 342 Further consideration of suggestion of mootness deferred to hearing of case on the merits (81-1064) 704 Motion to dismiss appeal as moot denied (80-6298) 161 Motion to expedite granted in part; judgment vacated in opinion per curiam and judgment issued forthwith; motion to recall judgment denied, rehearing denied (81-1724) 503, 525, 559 Noted appeal, dismissed later pursuant to Rule 53 (81-741) 309 Order dismissing appeal for want of a substantial federal question vacated. Judgment of Court of Appeals affirmed (81-240) 137 ARGUMENTS: Cases consolidated for briefing and argument on motion of Solicitor General (81-298 and 81-799) 390 IV

AEGUMENTS—Continued Page Case restored to calendar for reargument; motion to schedule argument in tandem with related case denied (81-349) 602, 683 Cases restored to calendar for reargument (80-1832, 80-2170, and 80-2171) 787 Counsel for petitioner and respondent granted leave to argue pro hac vice; argued (81-5321) 392, 504 Court allocated time for oral argument (80-1798, 80-1808 and 81-91) 289 Deferral of oral argument granted; further deferral granted (80-1640 and 80-1656) 212, 801 Divided argument in consolidated cases granted and each of three parties allotted 20 minutes (78-1545 and 80-951) 108 Leave granted counsel to use electronic equipment to in- terpret oral argument; case argued (80-1002) 389, 504

Leave to file affidavits after argument denied (80-1464) ... 161 Leave to schedule oral argument during April 1982 session denied (81-184; 81-825) 544, 545 ATTORNEYS: Counsel appointed (80-1595; 80-1608; 81-213; 81-5114;

80-2205; 80-2195; 81-420; 81-1095; 81-1121; 81-1774) ... 8, 191, 213, 238, 267, 307, 369, 578, 668, 788 Counsel invited to brief and argue in support of judgment below as amicus curiae (80-1285; 81-1 and 81-3). 140, 544 Dissenting opinion issued on application for admission

(No. , In the Matter of Admission of Leda M. C. HartweU) 388 (No. In the Matter of Admission of William Evans Benton; and

No. , In the Matter of Admission of Michael T. Rose) 458 BRIEFS:

Amicus curiae brief signed by 49 states filed (80-2178) Leave denied certain appellants to file separate brief and joint appendix (Attorney General of State permitted to

file brief for all appellants) (81-1578) 803

Leave to file reply brief in excess of page limitations denied (81-395) 509

Leave to file supplemental brief as amicus curiae denied (80-2162; 81-451) 544 V

BRIEFS—Continued Page Leave to strike brief denied without prejudice to appellees filing a response (81-325) 161 Motion to defer briefing and oral argument denied (81-184) 308 Motion to enlarge questions presented denied (81-184) 308 Motion to strike portions of petitioner's reply brief denied (81-5321) 509 Parties allowed 5 days to respond to suggestion that cases are not ripe (81-1282 and 81-1283) 343 Jurisdiction postponed, certiorari before judgment granted, and cases consolidated; stay of declaratory judgment of USDC entered (81-1282, 81-1283, 81-1312 and 81-1313) 370 Time to file motions to dismiss or affirm shortened (81- 1068) 290 CERTIORARI: Certiorari before judgment denied (81-1626) 557 Certiorari granted limited to question framed by Court (81-1945) 736 Certiorari granted limited to Questions 1 and 2 presented by petition; writ dismissed pursuant to Rule 53 on August 19, 1982 (81-1810) 621 Certiorari granted; parties directed to address question whether Court should reconsider Robbins v. California (80-2209) 112 Certiorari granted. Judgment (USCA) vacated and case remanded with instructions that case be consolidated with ongoing USDC proceeding. Opinion per curiam (81-1097) 683 Certiorari granted. Judgment (USCA) vacated and case remanded with directions to instruct USDC to dismiss limited aspect of case as moot based upon letter from counsel for respondent (81-1098) 458 Certiorari granted. Judgment (USCA) vacated and case remanded with directions to instruct USDC to dismiss petition for habeas corpus (81-1038; 81-5047) 457, 458 Cross-petitions dismissed pursuant to Rule 53 (81-1099 and 81^884) on January 12, 1982. Grant of certiorari amended and limited to 2 questions presented by petition (80-2116) 267 Leave to amend or enlarge questions presented after grant of certiorari denied (81-430; 81-680 and 81-1076) .... 438, 602 VI

CERTIORARI—Continued page Motion to defer consideration of petition granted (rehearing en banc granted by USCA) (81-876) 438 Motion to dismiss writ denied (80-1714) 306 Motion to dismiss writ as improvidently granted denied (80-1417; 81^60; 81-535) 140, 391 Motion to recall writ denied (81-440) 238 Order denying certiorari amended to show that a Justice would grant certiorari (81-5873) 579 Out-of-time petition for certiorari granted (81-5152) 163 Petition granted limited to Question 2 and case summarily disposed of in opinion per curiam (81-271) 235 Petition to Special Court, Regional Rail Reorganization Act of 1973 (81-792) 314 Suggestion of mootness rejected (81-1222) 602 COSTS:

Motion for approval of attorney's fees denied without prejudice to applying for relief in USCA (80-2128) 735 Motion for award of costs, damages and expenses denied (81-447) 348 Motion for damages and double costs denied (81-1631) 577 Motion not to tax costs denied (80-1121) 438 JUDGMENTS, MANDATES AND OPINIONS: Judgments: Judgment affirmed by equally divided Court (80-847 and 80-1067; 80-1690) 363, 504 Judgment affirmed in part and reversed in part; case remanded to USCA for entry of modified judgment in conformity with judgment of this Court (80-1348) 783 Judgment and opinion of USCA vacated. Appeal dismissed for want of jurisdiction (81-255) 303 Judgment issued forthwith in opinion of Court (80-2043) 757 Judgment reversed to extent it sustains imposition of death penalty (80-5727) 363 Judgment stayed until October 4, 1982 to afford Con- gress time to remedy constitutional deficiency an-

nounced in opinion of Court (81-150 and 81-546) .. 777 Judgment (USCA) reversed and remanded in light of 1973 opinion in opinion per curiam (80-2077) 211 vn

JUDGMENTS, MANDATES AND OPINIONS—Continued Page Judgments—Continued Judgment (USCA) reversed and remanded with instructions to reinstate dismissal judgment (80-1377) 263 Judgment (State) vacated and remanded in light of state court decision (81-247) 108 Judgment (USCA) vacated and remanded in light of new federal statute (81-397; 80-2086) 138, 236 Judgment (USCA) vacated and remanded in light of new state statute (80-1872) 6 Judgment (USCA) vacated and remanded with directions to instruct USDC to dismiss complaint with prejudice (81-774 and 81-1511) 786 Judgment (USCA) vacated and remanded with instructions to remand to Federal Reserve Board to vacate its decision (81-176) 288 Judgment (USCA) vacated and remanded (USDC) with instructions to dismiss habeas corpus petition (81-23) 303 Judgment (USCA) vacated and remanded (respec- tive USDC's) with directions to dismiss cases as moot when parties jointly so move (7&-1234 and 76-1261) 476 Judgment (USDC) vacated and remanded with instructions to dismiss cause as moot (81-1787) 647 Opinions: First signed opinion by Justice O'Connor announced (80-1464) 263 Question certified to Supreme Court of Georgia in opinion per curiam (81-89) 613 Separate opinion filed by author of majority opinion (80-5950) 433 Single opinion respecting denial of certiorari and single dissenting opinion issued with respect to 17 cases (80-2169 through 81-5138) 124-126 Writ dismissed as improvidently granted in opinion per curiam (79-1618; 80-2205) 452, 642 Writ dismissed as improvidently granted in signed opinion (80-1103) 265 Writ in unargued case dismissed as improvidently

granted in footnote to signed opinion (78-1549) .... 433 ,

VIII

JUDGMENTS, MANDATES AND OPINIONS—Continued Page Opinions—Continued Writ dismissed for want of jurisdiction in opinion per curiam (81-534) 613 MISCELLANEOUS:

Motion of court-appointed counsel to order hearing to

determine competency of petitioner to file motion to dismiss pro se petition in capital case denied; certiorari denied (81-6323) 603, 656

Motion to direct Clerk to file cross-petition denied (No.

, Forty-Eight Insulations, Inc. v. Liberty Mutual Insurance Company) 236 Motion to direct Clerk to file petitions denied (Nos. —— Godichv. Union Railroad Co. .... 6 New Jersey State Board of Higher Education v. New Jersey Philadelphia Presbytery, etc...... 7 Williams v. First Federal Savings & Loan Association of Arlington 161 Tiffany Construction Co., Inc. v. Bureau of Revenue, State of New Mexico 190 Grand Traverse Area Sport Fishing Association v. United States 236

Local 806, etc. v. Caterpillar Tractor Co 368 Gitre v. Bache, Halsey, Stuart, Shields, Inc 458 Chicago Fire Fighters Union v. City of Chicago 476 West Virginia v. Secretary of Education, etc. 578 Ritter v. Board of Commissioners of Adams County Public Hospital District No. 1) 619 Motion to direct Clerk to seal entire case denied (81- 1565) 459 ORIGINAL CASES: 8 Orig. —Report of Special Master filed; briefing schedule set 527 9 Orig. —Objections to final accountings referred to Spe- cial Master 306 Report of Special Master with respect to Lou- isiana boundary filed; accountings approved; Special Master discharged with respect to Louisiana proceedings 668 Motion of Mississippi for relief from decree referred to Special Master 704 IX

ORIGINAL CASES—Continued Page 27 Orig.l Motion for leave to intervene referred to Special 81 OrigJ Master.... 237 Report filed; leave denied Dorothy Cole et al. to intervene 602 65 Orig.-—Special Master appointed 237 72 Orig. —Report of Special Master filed; decree entered pursuant to parties' stipulations and findings, each party to bear its own costs 761 73 Orig. —Report of Special Master filed; decree entered 668 77 Orig. —Report of Special Master adopted; Special Mas- ter invited to submit proposed decree 7 Decree entered 288 80 Orig. —Report of Special Master filed; briefing schedule set...... 388 Exceptions of New Mexico set for oral argument in due course 668

Leave to file reply brief granted 704 83 Orig. —Accounting of Louisiana filed 7 Special Master discharged 289 85 Orig. —Report of Special Master filed; briefing schedule set 389 Motion for entry of decree by consent of parties granted as amended; decree entered 704 86 Orig. —Special Master appointed 140 88 Orig. —Leave to file bill of complaint granted and defendants allowed 60 days to answer, opinion per curiam 701 Motion for issuance of restraining order denied without prejudice 787 Rehearing denied 803 89 Orig. —Leave to file bill of complaint granted and defendant allowed 60 days to answer 7 Cross motions set for argument and briefing schedule set 237, 267 Leave granted Solicitor General to file supplemental brief 459 Argued 519 Motion for summary judgment denied; motion for judgment on pleadings granted; parties may submit proposed decree before Septem- ber 27, 1982. If not, Court will enter decree next term 732 X

ORIGINAL CASES—Continued Page 89 Orig.—Continued Rehearing denied 803 90 Orig.—Application for temporary restraining order; motion to add a party defendant; and

leave to file bill of complaint denied without prejudice 108 91 Orig.—Leave to file bill of complaint denied 191 92 Orig. —Leave to file bill of complaint granted and defendant allowed 60 days to answer 528 Special Master appointed 787

Leave to file counterclaim referred to Special Master 793 PARTIES:

Leave denied respondents to proceed in forma pauperis, nunc pro tunc (80-1190 and 80-1193) 735 Leave granted Texas to intervene as party respondent pursuant to 28 U.S.C. 2403(b) (81-6458) 603 Leave granted two governors to join amicus curiae brief of other governors (81-1282 and 81-1312) 370 Leave to intervene denied (79-1738 and 80-945; No. — Regan v. Taxation with Representation of Washington) 7, 734 Leave to proceed as seaman granted (81-276) 250 Leave to proceed further herein as seaman granted (81-614) 290 Leave to withdraw as a party appellee granted; leave to dismiss another party appellee granted; leave to substi- tute party appellee denied; Court sua sponte added party appellee (80-1208, 80-1471 and 80-1610) 110 Order entered to keep identities of certain respondents

held in camera. Clerk directed to serve all pleadings in this case to counsel of record for undisclosed

respondents , 459 Petitioner granted leave to proceed further herein in forma pauperis (other two petitioners granted such leave when petition was granted) (81-1404) 528 RECORDS:

Leave to dispense with printing joint appendix denied (81-1320) 602 XI

REHEARINGS:

Leave to file amicus curiae brief in support of petition for rehearing denied (80-1765) 770 Petition for rehearing dismissed pursuant to Rule 53 on February 23, 1982 (81-822) Rehearing on disbarment order denied (D-175) 95 RULES:

Rules and forms governing 28 U. S. C. Sections 2254 and 2255 proceedings amended 596 Rules of Civil Procedure amended 597 Rules of Criminal Procedure amended 597 STAYS AND BAIL: Application for injunction denied; order entered by Justice vacated; petition dismissed under Rule 53 on April 19, 1982 (81-1729) 479 Injunction granted pending filing of appeal or until appellees demonstrate compliance with Section 5 of Voting Rights Act (A-337) 157 Motion to vacate stay entered by Justice and motion to expedite docketing" of appeal denied (A-783); probable jurisdiction noted (81-2057) 507, 735 Stay of execution of sentence of death vacated by Court after evening telephone conference call (Frank Coppola executed August 10, 1982) (A-147) 795 Stay order modified (81-1098) 348

Stay order vacated in order denying certiorari (81-499) ... 274 CONCLUSION: Call of Calendar suspended. Last scheduled argument April 28, 1982 587 White, J., announced that remaining opinions of 1981 Term

will be announced on July 2, 1982 783 White, J., announced that all cases not ready for consideration are continued to 1982 Term which commences

October 4, 1982; Court recessed until first Monday in October when the 1981 Term will be adjourned 791

(JOURNAL) MONDAY OCTOBER 5, 1981 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 October 1981 Term of 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." Mr. Deputy Solicitor General Lawrence G. Wallace presented the Honorable Rex E. Lee, Solicitor General of the United States. The Chief Justice said: "Mr. Solicitor General, the Court welcomes you to the performance of the important office that you have assumed, to represent the government of the United States before this Court. Your commission will be duly recorded by the Clerk."

Appeal—Summary Disposition

No. 80-1795. In the Matter of 18.86 Acres of Real Property, now Known as Lot 35, Block 57, Section 19, Located in Pittsgrove Town- ship, Salem County, etc., Appellant. 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. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-1867. Edward John Williams, Appellant v. Ohio. Appeal from the Court of Appeals of Ohio, Paulding 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. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2181. Lloyd Vickroy, Appellant v. United States Department of the Navy, Long Beach Naval Shipyard. Appeal 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. Justice O'Connor took no part in the consideration or decision of this case. 2 MONDAY OCTOBER 5, 1981

No. 80-6668. Lyle H. Prenzler, Appellant v. Conrad J. Kleinman, 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. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-6696. Millicent Linden, Appellant v. David Fox, et al. Appeal from the Appellate Division, Supreme Court of New York, First Judi- cial Department. 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 O'Connor took no part in the consideration or decision of this case.

No. 80-6834. Lyle H. Prenzler, Appellant v. R. Keith Pike, 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. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-13. Robert L. Menegus, Appellant v. E. I. du Pont de Ne- mours & Co. Appeal from the Supreme Court of New Jersey. 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 O'Connor took no part in the consideration or decision of this case.

No. 81-29. Milton F. Kirsner, Appellant v. Maryland; and Earl Re- alty, Inc., Appellant v. Maryland. Appeal from the Criminal Court of Baltimore. 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 O'Connor took no part in the consideration or decision of this case.

No. 81-158. Michael Papadopoulos, Appellant v. Oregon State Board of Higher Education. Appeal from the Court of Appeals of Oregon. 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 O'Connor took no part in the consideration or decision of this case.

No. 81-5143. Millicent Linden, Appellant v. Dial Press, 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 O'Connor took no part in the consideration or decision of this case. MONDAY OCTOBER 5, 1981 3

No. 80-1837. Faith Baptist Church of Louisville, Nebraska, et al.,

Appellants v. Paul L. Douglas, Attorney General of Nebraska, et al. Appeal from the Supreme Court of Nebraska. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-1955. Carter County Fiscal Court, et al., Appellants v. Carter County Public Library District, et al. Appeal from the Supreme Court of Kentucky. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-1956. Bertie Otis Whidden, Jr., Appellant v. New York. Ap- peal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2045. Donald Lynn Billman, Appellant v. Columbus Bar Association. Appeal from the Supreme Court of Ohio. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case. No. 80-2047. Leonard Kulick, Sidney Kulick, Howard Shirvan and Stanley Shirvan, Appellants v. Department of Revenue, State of Ore- gon. Appeal from the Supreme Court of Oregon. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2051. Fidelity Union Trust Company, etc., et al., Appellants v. New Jersey Highway Authority, etc., et al. Appeal from the Su- preme Court of New Jersey. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2131. Southern Pacific Transportation Company, Appellant v.

Public Utilities Commission of California, et al. Appeal from the Su- preme Court of California. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2139. John R. Wise, Appellant v. Georgia State Board for the Examination, Qualification and Registration of Architects, et al. Ap- peal from the Supreme Court of Georgia. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2164. Russel G. Schlenz, et al., Appellants v. John W. Castle, 4 MONDAY OCTOBER 5, 1981 et al. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2202. Bally Manufacturing Corporation, Appellant v. New Jersey Casino Control Commission. Appeal from the Supreme Court of New Jersey. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-2207. Milton J. Smith, etc., Appellant v. Commissioner of Revenue. Appeal from the Supreme Judicial Court of Massachusetts. The appeal is dismissed for want of a substantial federal question. Jus- tice O'Connor took no part in the consideration or decision of this case.

No. 80-6662. Harold Michael Newton and Roger Lynn Strieker, Ap- pellants v. Arkansas. Appeal from the Supreme Court of Arkansas. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-6878. Michael Gerald Vandenberg, Appellant v. Oregon, et al. Appeal from the Court of Appeals of Oregon. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-6948. Jonathan Bruce Reed, Appellant v. Texas. Appeal from the Court of Criminal Appeals of Texas. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-10. Robert Lorraine Stallard, Appellant v. Carolyn Franklin Stallard. Appeal from the Supreme Court of Virginia. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-50. Prudence J. Camardo, et al., Appellants v. City of Roch- ester, N. Y., et aL Appeal from the Appellate Division, Supreme Court of New York, Fourth Judicial Department. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-84. Ben Bundo, Jr. and Ben Bundo, Sr., Appellants v. Michi- gan Liquor Control Commission. Appeal from the Court of Appeals of Michigan. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case. MONDAY OCTOBER 5, 1981 5

No. 81-131. Quinn-Moore, et ah, Appellants v. Beverly J. Lambert, etc., et al. Appeal from the Supreme Court of Arkansas. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-166. Benjamin A. Rasky, Appellant v. Department of Reg- istration and Education of the State of Illinois and Joan G. Anderson, etc. Appeal from the Appellate Court of Illinois, First District. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-5101. David Michael Barnett, Appellant v. Texas. Appeal from the Court of Criminal Appeals of Texas. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this case.

No. 80-1841. Joshua C. Agsalud, etc., et al., Appellants v. Standard Oil Company of California. Appeal from the United States Court of Ap- peals for the Ninth Circuit. The judgment is affirmed.

No. 80-1960. David Willson, Appellant v. State Personnel Board, etc. Appeal from the Court of Appeal of California, Third Appellate Dis- trict. The appeal is dismissed for want of a substantial federal question.

No. 80-6743. Eddie Samuel Ivory, et al., Appellants v. Louie L.

Wainwright, Secretary, Department of Corrections, et al. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of a substantial federal question.

No. 80-1977. Linda F. Mason, Appellant v. Robert B. Abrams, At- torney General of New York. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 80-1992. Roger Barth, Appellant v. Morgan M. Finley, Circuit Clerk. Appeal from the Supreme Court of Illinois. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 80-6655. Margaret Batterham Waters, Appellant v. Fred Hen- derson, et al. Appeal from the Court of Appeals of Tennessee, Eastern

Section. The motion of Frank S. Bloch, et al. for leave to file a brief as amici curiae is denied. 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. 6 MONDAY OCTOBER 5, 1981

Certiorari—Summary Disposition

No. 80-1872. Gary Allen, Petitioner v. James B. Ellisor, etc. 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 with directions to consider whether the case has become moot by reason of the enactment of Act R 655, effective March 20, 1981, whereby § 7-5-120(5)(b) of the South Carolina Code of Laws, 1976, was amended. See Crowell v. Mader, 444 U.S. 505 (1980).

No. 80-2159. Robert C. Lehman, Petitioner v, E. B. Weiss. 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 Parratt v. Taylor, 451 U.S. -(1981).

No. 80-2172. Seekonk Water District, Petitioner v. Heritage Homes of Attleboro, Inc. On petition for writ of certiorari to the United States Court of Appeals for the First Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of City of Newport v. Fact Concerts, Inc., 453 U.S. —(1981).

No. 81-82. Immigration and Naturalization Service, Petitioner v. Horacio Ramos Miranda. 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 Schweiker v. Hanson, 450 U.S. —(1980).

No. 81-211. Michigan, Petitioner v. Maurice Hurd. On petition for writ of certiorari to the Court of Appeals of Michigan. 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 Court of Appeals of Michigan to consider whether its judgment is based upon federal or state constitutional grounds, or both. See California v. Krivda, 409 U.S. 33 (1972).

Orders in Pending Cases

No.---™. Sam Godich, Petitioner v. Union Railroad Co. The motion of MONDAY, OCTOBER 5, 1981 7 petitioner to direct the Clerk to accept the petition for a writ of certiorari for filing is denied.

No. . New Jersey State Board of Higher Education, et al., Peti- tioners v. New Jersey Philadelphia Presbytery of the Bible Presby- terian Church, et al. The motion of petitioners to direct the Clerk to accept the petition for a writ of certiorari for filing is denied.

No. A-196. Helen O'Bannon, et al., Applicants v. Terri Lee Haider- man, et al. The application for stay of the order of the United States District Court for the Eastern District of Pennsylvania, entered Au- gust 25, 1981, addressed to Justice Rehnquist and referred to the Court is denied. No. A-198. Robert D. Orr, Governor of Indiana, et al, Applicants v

United States, et al. The application for stay addressed to Justice Rehnquist and referred to the Court is denied.

No. A-227. Pennhurst State School and Hospital, et al, Applicants v. Terri Lee Halderman, et al.; and

No. A-228. Pennhurst Parents Staff Association, Applicant v. Terri

Lee Halderman, et al. The applications for stay of the orders of the United States District Court for the Eastern District of Pennsylvania, entered April 24, 1980, May 28, 1980, July 14, 1980 and March 2, 1981, addressed to Justice Rehnquist and referred to the Court are denied.

No. 77, Original. State of Tennessee, Plaintiff v. State of Arkansas. The Report and Recommendations of the Special Master are adopted. The Special Master is invited to prepare and submit a proposed decree.

No. 83, Original. State of Maryland, et al., Plaintiffs v. State of Lou- isiana. The Accounting of Louisiana is received and ordered filed. Jus- tice Powell took no part in the consideration or decision of this order.

No. 89, Original. State of California, ex rel. State Lands Commis- sion, Plaintiff v. United States. The motion for leave to file a bill of complaint is granted and the defendant shall have sixty days to answer.

No. 78-1789. Arkansas Louisiana Gas Company, Petitioner v. Frank J. Hall, et al.; and

No. 79-1896. Arkansas Louisiana Gas Company, Petitioner v. Frank

J. Hall, et al. The motion of respondents for clarification is denied. No. 79-1738. Richard Nixon, Petitioners. A. Ernest Fitzgerald; and No. 80-945. Bryce N. Harlow and Alexander P. Butterfield, Petition- ers v. A. Ernest Fitzgerald. The motion of Morton Halperin, et al. for leave to intervene and for other relief in No. 79-1738 is denied. The motion of Judith Clark, et al. for leave to intervene and for other relief is denied. 8 MONDAY OCTOBER 5, 1981

No. 80-1594. United States, Petitioner v. Erika, Inc. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 80-1595. United States, Petitioner v. Joseph C. Frady. The motion for appointment of counsel is granted and it is ordered that Daniel

M. Schember, Esquire, of Washington, D.C., is appointed to serve as counsel for the respondent in this case. The Chief Justice and Justice Marshall took no part in the consideration or decision of this motion.

No. 80-1909. The Heppenstall Company, Petitioner v. William A.

Murphy, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 80-1945. Armed Forces Cooperative Insuring Association, Ap- pellant v. Department of Insurance, State of Wyoming. The Solicitor

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

No. 80-2036. Joel D. Joseph, Petitioner v. Howard W. Cannon, et al.

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

No. 80-2056. F/V American Eagle, etc., Appellant v. Alaska. The So- licitor General is invited to file a brief in this case expressing the views of the United States.

No. 80-2092. SCM Corporation, Petitioner v. Xerox Corporation. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 80-2162. Ramah Navajo School Board, Inc., et al., Appellants v. Bureau of Revenue of New Mexico. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 80-2211. Smith Barney, Harris, Upham & Co., Inc., Petitioner v. Wendee Henricksen. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 81-219. First West Virginia Bancorp, Inc., et al., Appellants v. Security National Bank & Trust Co., et al. The Solicitor General is invited to file a brief in this case expressing the views of the views of the United States.

No. 80-2049. George A. Ralston, Warden, Petitioner v. John Carroll Robinson. The motion of the Solicitor General to permit David A. Strauss, Esquire, to present oral argument pro hac vice is granted.

No. 81-152. Jack Weit, James B. Cox and Robert W. McLallen, etc.,

Petitioners v. Continental Illinois National Bank & Trust Company of

Chicago, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice White and Justice O'Connor took no part in the consideration or decision of this order. MONDAY OCTOBER 5, 1981 9 Appeals-^Jurisdiction Noted or Postponed

No. 80-2100. Quentin Rogers, et al., Appellants v. Herman Lodge, et

al. Appeal from the United States Court of Appeals for the Fifth Cir- cuit. In this case probable jurisdiction is noted.

No. 80-1745. F. W. Woolworth Co., Appellant v. Taxation and Reve- nue Department of the State of New Mexico. Appeal from the Supreme Court of New Mexico. In this case probable jurisdiction is noted. The case is set for oral argument in tandem with No. 80-2015, ASARCO, Inc. v. Idaho State Tax Commission.

No. 80-2015. ASARCO Incorporated, etc., Appellant v. Idaho State Tax Commission. Appeal from the Supreme Court of Idaho. In this case probable jurisdiction is noted. The case is set for oral argument in tandem with No. 80-1745, F. W. Woolworth Co. v. Taxation and Revenue Department of New Mexico. No. 80-2165. James M. Murphy, District Judge, Fourth Judicial Dis-

trict of the State of Nebraska, Douglas County, Appellant v. Eugene L. Hunt. Appeal from the United States Court of Appeals for the Eighth

Circuit. In this case probable jurisdiction is noted. Justice Blackmun would postpone further consideration of the question of jurisdiction to the hearing of the case on the merits.

No. 80-1832. Immigration and Naturalization Service, Appellant v.

Jagdish Rai Chadha, et al. Appeal from the United States Court of Ap- peals for the Ninth Circuit;

No. 80-2170. United States House of Representatives, Petitioner v.

Immigration and Naturalization Service, et al.; and

No. 80-2171. United States Senate, Petitioner v. Immigration and

Naturalization Service, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit. Further consid-

eration of the question of jurisdiction is postponed to the hearing of the case on the merits in No. 80-1832. The petitions for writs of certiorari in Nos. 80-2170 and 80-2171 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Granted

No. 80-1437. Army and Air Force Exchange Service, Petitioner v. Arthur Edward Sheehan. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 80-1874. Georgia Patsy, Petitioner v. Board of Regents of the State of Florida, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. 10 MONDAY OCTOBER 5, 1981

No. 80-1924. Caspar W. Weinberger, Secretary of Defense, et al.,

Petitioners v. Anthony M. Rossi, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 80-1990. Caspar W. Weinberger, Secretary of Defense, et al.,

Petitioners v. Carlos Romero-Barcelo, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted.

No. 80-2134. Foremost Insurance Company, et al., Petitioners v.

Pansy F. Richardson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 80-2147. Connecticut, et al., Petitioners v. Winnie Teal, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 80-2150. Donald Finnegan, et al, Petitioners v. Harold D. Leu, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit granted.

No. 80-2177. Marjorie Lehman, etc., Petitioner v. Lycoming County Children's Services Agency. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 80-2204. Victor P. Diedrich, et ux., Petitioners v. Commissioner of Internal Revenue; and United Missouri Bank of Kansas City, N.A., etc., Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit granted.

No. 81-61. United Mine Workers of America Health and Retirement

Funds, et al., Petitioners v. Gracie Robinson and Juanita Hager, etc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 80-1608. United States, Petitioner v. Raymond Eugene Johnson. 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. 81-89. Walter Zant, Warden, Petitioner v. Alpha Otis O'Daniel Stephens. 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 granted. MONDAY OCTOBER 5, 1981 11

No. 80-1663. International Longshoremen's Association, AFL-CIO, et aL, Petitioners v. Allied International, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted. The case is set for oral argument in tandem with No. 80-1045, Jacksonville Bulk Terminals Inc. v. International Longshoremen's Association.

No. 80-1798. Woelke & Romero Framing, Inc., Petitioner v. Na- tional Labor Relations Board, et aL; No. 80-1808. Pacific Northwest Chapter of the Associated Builders & Contractors, Inc., Petitioner v. National Labor Relations Board, et al.; and No. 81-91. Oregon-Columbia Chapter, The Associated General Con- tractors of America, Inc., Petitioner v. National Labor Relations Board, et al. The motion of Air Conditioning & Refrigeration Institute,

et al. for leave to file a brief as amici curiae in Nos. 80-1798 and 80-1808 is granted. The motion of The Associated General Contractors of Amer-

ica, Inc. for leave to file a brief as amicus curiae in No. 80-1808 is granted. The petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 80-1952. Barbara Blum, Commissioner of the New York State Department of Social Services, et al., Petitioners v. William Yaretsky,

et al. The motion of respondents Foley, et al. for leave to proceed in forma pauperis is granted. The petition for writ of certorari to the United States Court of Appeals for the Second Circuit granted limited to Questions 1 and 2 presented by the petition.

No. 80-2178. John S. Toll, President, University of Maryland, et al.,

Petitioners v. Juan Carlos Moreno, et al. The motion of American Coun-

cil on Education, 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 granted.

No. 80-6680. Charles Ronald McElroy, Petitioner v. United States. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to Question 1 presented by the petition.

No. 80-6835. Victoria Price Street, Petitioner v. National Broadcast- ing Company. Motion of petitioner for leave to proceed in forma paupe- 12 MONDAY OCTOBER 5, 1981 ris and petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit granted. Justice Marshall took no part in the consideration or decision of this motion and petition.

Certiorari denied

No. 80-1655. Oscar Waring, Petitioner v. Kalgrad Navigation Com- pany, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 80-1759. Yellow Freight System, Inc. and Duncan Ceramics, Inc., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 80-1763. E. J. Salcines, etc., Petitioner v. John L. Briggs, etc., et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 80-1777* David Orgell, Inc., Petitioner v. Josiah Wedgwood & Sons, Inc., et aL Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 80-1810. Valmas Brothers Shipping, S.A., et al., Petitioners v.

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

No. 80-1844. William R. Lux, Petitioner v. Frank Angel. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 80-1848. Leroy Logan, et al., Petitioners v. James G. Watt, Sec- retary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 80-1895. Exxon Corporation, Petitioner v. Federal Trade Com- mission. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 80-1919. Intercontinental Transportation Services, Limited, Pe- titioner v. Mrs. Howard F. McNeill. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-2022. Arden Mays Merckle, Petitioner v. Jack R. Harper. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-2030. Rederiaktiebolaget Gustaf Erikson, et aL, Petitioners v. Obie Mallard, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-2033. Carlos Romero-Barcelo, et al, Petitioners v. Caspar W. MONDAY OCTOBER 5, 1981 13

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

No. 80-2048. Matson Plastering Co., Inc., Petitioner v. Operative Plasterers and Cement Masons International Association, AFL-CIO,

Plasterers Local Union 295; and Matson Plastering Co. , Inc. , Petitioner v. Lathers Local Union L- 109, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 80-2064. Charles Reynolds, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 80-2110. Biagio Pinto aka Bob Pinto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 80-2196. Antoine Mowad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 80-6642. John Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 80-6677. James Franklin Jones, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 80-6727. Benjamin Thomas Tisdale, Petitioner v. United States.; and

No. 81-5171. Tim Bryan Tisdale, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 80-6755. Katie Ruth Moore, Petitioner v. Walter Knight. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied.

No. 80-6767. Simba Amir Malik, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 80-6769. Walter Hooper, Petitioner v. E. P. Perini, Superinten- dent. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 80-6880. Herbert Laws, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 80-6890. William Yaretsky, et al., Petitioners v. Barbara Blum, 14 MONDAY OCTOBER 5, 1981

Commissioner of the New York State Department of Social Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 80-6914. Arlo Barger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 80-6947. Joe Vern Pierce, Petitioner v. Harold J. Cardwell, Su- perintendent, Arizona State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-20. Michael Guidry, Petitioner v. Continental Oil Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-49. Eastern Air Lines, Inc., Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-144. Nassau County Civil Service Commission, et al., Peti- tioners v. James B. Knight. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-153. United Steelworkers of America, AFL-CIO-CLC, Peti- tioner v. Dow Chemical Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-234. Mamoon Rashid Kahlon, Petitioner v. New Jersey. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 81-5028. Linda Whitby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5081. Gary James Lewingdon, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-5150. Clovis Carl Green, Jr., Petitioner v. Warden, Federal

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

No. 80-1523. Fairdale Farms, Inc., Petitioner v. Yankee Milk, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1573. Daniel W. Gluesenkamp, Petitioner v. Florida. Petition MONDAY OCTOBER 5, 1981 15 for writ of certiorari to the Supreme Court of Florida denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1591. Jenny Mansukhani, Petitioner v. Donald Pailing, et al. Petition for writ of certiorari to the Supreme Court of North Dakota denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1622. Alex R. Grote, Jr., Petitioner v. United States. 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. 80-1644. Florida, Petitioner v. Charles Hugh Brown. Petition for writ of certiorari to the District Court of Appeal of Florida, First Dis- trict, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1672. Marion Odell Morrow, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1676. One 1976 Ford Truck Van, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1692. Decca Limited, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1704. St. Louis Comprehensive Neighborhood Health Center, Inc., Petitioner v. National Labor Relations Board. 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. 80-1705. McBroom Rig Building Services, Inc., Petitioners. Di- amond M Drilling Company, 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. 80-1719. James R. Mazzullo, 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1724. Antonio John Palumbo, II, Petitioner v. United States. 16 MONDAY OCTOBER 5, 1981

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1731. John Tarpey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1744. Jane S. Crist, Petitioner v. James F. Crist, Jr. 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. 80-1758. Jerome W. Harpring, Petitioner v. Continental Oil Company (CONOCO). 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. 80-1762. Ronald F. Manale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1778. Transco Security, Inc. of Ohio and Fred Gaviglia, Peti- tioners v. Roland G. Freeman, III, Administrator, and General Ser- vices Administration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1792. William Douglas Hodges, Petitioner v. Caspar W.

Weinberger, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-1794. Jesse C. Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-1799. Fred E. Bartlett, Jr., Petitioner v. United States. Peti- tion 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. 80-1800. Tino Fiumara, Thomas Buzzanca and Michael Coppola, Petitioners v. United States; MONDAY OCTOBER 5, 1981 17

No. 80-1972. Michael Clemente, Petitioner v. United States; and

No. 80-2098. Vincent Colucci, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-1811. David R. Benson and Janice M. Benson, Petitioners v. Raymond C. Hightower, 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. 80-1817. Charles Bretz, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-1822. Harold Ancle Thornberry, Petitioner v. United States; No. 80-2010. Brown Martin Noel and Howard Newton Donnelly, Pe- titioners v. United States; and

No. 80-2020. Harry Norman Seiter, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-1823. American Federation of Government Employees, AFL- CIO, et al., Petitioners v. Director, Office of Personnel Management, et al. Petition for writ 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 petition.

No. 80-1824. Latrobe Steel Company, Petitioner v. National Labor Relations Board and United Steelworkers of America, AFL-CIO. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1827. R.G. Russ, Jr., et ux., Petitioners v. Texas, et al. Peti- tion 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. 80-1828. Rolla L. Skidmore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1834. Charles Duarte, Petitioner v. United States. Petition 18 MONDAY OCTOBER 5, 1981 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. 80-1835. Fred Cross, etc., Petitioner v. Dade County School

Board, Miami, Florida, 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. 80-1842. Daniel Bifield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1843. Robert C. Young, et al, Petitioners v. Robert Bogrette, et aL Petition for writ of certiorari to the Court of Appeals of Michigan denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1849. Roger Arsenault, Petitioner v. Allegheny Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1850. Colonial Bank of New Orleans, Petitioner v. James Dwight Vickers. 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. 80-1855. Diversified Resources Corporation, Petitioner v. John

Buxton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1858. Village of Penn Yan, New York, et al., Petitioners v. New York State Electric & Gas Corporation, et al Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1860. Jimmy Bean, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1863. Peabody Coal Company, Petitioner v. James G. Watt, Secretary of the Interior. Petition for writ 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 petition. MONDAY OCTOBER 5, 1981 19

No. 80-1866. Alice LeMaster, Petitioner v. James R. McGonigle. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1868. Roland G. Blanchet, Petitioner v. New York. Petition for writ of certiorari to the County Court of Rensselaer County, New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1870. New York Typographical Union No. 6, Petitioner v. Triangle Publications, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-1871. Norman E. Holly, Petitioner v. Robert E. Chasen, Commissioner of Customs, et al. Petition for writ 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 petition.

No. 80-1877. Felice Cassesse, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1879. Gregory Freeman, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1880. ABCO Bus Co., Inc., Petitioner v. Frank J. Macchiarola, etc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1883. John Gargano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1885. Robert M. McDonald, Petitioner v. New Jersey. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1886. Annette and Charles Ollivier, Petitioners v. Arthur

Glitz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 20 MONDAY OCTOBER 5, 1981

No. 80-1887. Clyde K. Thompson, etc., Petitioner v. John Stetson,

Secretary of the United States Air Force, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1889. Bernard W. Pianka, Petitioner v. Georgia;

No. 80-1932. Donald C. Davis, Jr., Petitioner v. Georgia; and

No. 80-1954. Norman E. Williams, Petitioner v. Georgia. Petitions for writs of certiorari to the Court of Appeals of Georgia denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-1890. Nikolaas "Kallie" Knoetze, Petitioner v. United States,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1891. United Mine Workers of America, et al., Petitioners v. Kerry Coal Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1896. Wayne C. LaVelle, Petitioner v. Workers' Compensa- tion Appeals Board, State of California, et al Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1897. Joseph M. Kadans, Petitioner v. Leo J. O'Brien. Peti- tion 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. 80-1899. Railway Labor Executives' Association, Petitioner v.

William M. Gibbons, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1900. Eula Mae Denard, Petitioner v. Michigan National

- Bank. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1901. Peter Zuccaro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY OCTOBER 5, 1981 21

No. 80-1902. Harold Schleiffer, a Minor, by next of friend Ann Ker, Petitioner v. Edward J. Meyers, Judge, Whitley Circuit Court, Whitley County, Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1904. Lily Dale Assembly, Petitioner v. Gregory D. Josephson. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1905. Antonio Escariz, etc., Petitioner v. Hyman S. Barahal, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1907. Madalyn Murray O'Hair and Jon G. Murray, Petitioners v. Lee Cooke, 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. 80-1912. Philip Charles Toubus, Petitioner v. Superior Court of California, County of Marin (California, Real Party in Interest). Peti- tion for writ of certiorari to the Court of Appeal of California, First Ap- pellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1913. Monongahela Power Company, Petitioner v. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1914. Carter Zeleznik, Administrator of the Estate of Arnold

F. Zeleznik, Petitioner v. Massachusetts, et al. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1917. Pennsylvania Gas and Water Company, Petitioner v. Pennsylvania Public Utility Commission. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1918. Pennsylvania Gas and Water Company, Petitioner v. Pennsylvania Public Utility Commission. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. Jus- tice O'Connor took no part in the consideration or decision of this petition. 22 MONDAY OCTOBER 5, 1981

No. 80-1920. Ray Tamargo, Petitioner v. United States. 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. 80-1922c Donna B. Grier, etc., Petitioner v. Caspar W. Weinber- ger, Secretary of Defense, 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. 80-1926. John J. Boleman, Petitioner v. Congdon and Carpenter Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1927. Lee R. Cunningham, Petitioner v. National Railroad Passenger Corporation, dba Amtrak. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-1929. Baltimore and Ohio Railroad Company, et al, Petition- ers v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1930. Glen Wendel Granrud, Petitioner v. North Dakota. Pe- tition for writ of certiorari to the Supreme Court of North Dakota denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1933. LaPorte Transit Co., Inc., Petitioner v. Local Union No. 301, Chauffeurs. Teamsters and Helpers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1935. A. Spencer Gilbert, III, Trustee in Bankruptcy for

Char-Mac Enterprises, Inc., et al., Petitioners v. First National Bank of Jackson, Mississippi. 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. 80-1943. Frank Groom Kirtz and Mary Jane Kirtz, Petitioners v.

Blanton Wiggin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice O'Con- nor took no pail: in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 23

No. 80-1944. MichaelJames Luddy, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1948. Joan Fischer Wrigley, Petitioner v. William Wrigley. Petition for writ of certiorari to the Court of Appeals of Wisconsin denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1949. B.F. and S.F., et al., Petitioners v. Colorado, in the In- terest of T.A.F. Petition for writ of certiorari to the Court of Appeals of Colorado denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1950. Vincent E. Marino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1951. Theodore B. Moore, Petitioner v. Career Service Board of the City and County of Denver, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1959. Norden Restaurant Corporation, Petitioner v. Sons of the Revolution in the State of New York, Inc. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1963. Rupert Bell, Petitioners. Herbert Harold Hinkle. Peti- tion for writ of certiorari to the Court of Civil Appeals of Texas, Four- teenth Supreme Judicial District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1964. Holiday Mobile Home Resorts, Inc. and Wilfred O. Dunkel, Petitioners v. R. Dixon Wood and Don W. Heiple. 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 petition.

No. 80-1966. Freddie Gold, et ux., Petitioners v. National Savings Bank of the City of Albany. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1967. Jaggars-Chiles-Stovall, Inc., Petitioner v. National La- 24 MONDAY OCTOBER 5, 1981 bor Relations Board. 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. 80-1968. David Russell Hudson, Petitioner v. United States, 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. 80-1971. Noble R. Starnes, Petitioner v. United States; and

No. 80-2001. Clifford Roland, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-1973. Henry D. Hopson, Judge, et al., Petitioners v. Commis- sioners of the Sinking Fund of the City of Louisville. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1974. Thomas Whitty, Petitioner v. Thomas R. Israel, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1976. Donald R. Dreiske, Petitioner v. Thermasol, Ltd. Peti- tion for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1978. Pennsylvania Department of Transportation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1979. James Tamer, Petitioner u. United States;

No. 80-1981. James Abraham, Petitioner v. United States;

No. 80-1983. Charles Goldfarb, Petitioner v. United States; and

No. 80-2024. Aladdin Hotel Corporation, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-1985. Joseph M. Kadans, Petitioner v. Samuel S. Lionel, 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. (JOURNAL) MONDAY, OCTOBER 5, 1981 25

No. 80-1986. Donald E. Distler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1987. Red Diamond Supply, Inc. , Petitioner v. Acme Welding and Supply, Inc., 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. 80-1988. Shirl Busby Hart, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1989. Robert W. Fullerton, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-1993. Stanley A. La Fargue, Petitioner v. John O. St. Amant,

Sheriff of St. Charles Parish, Louisiana, 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. 80-1995. Teamsters Local Union No. 115, etc., Petitioners. Na- tional Labor Relations Board, et al. Petition for writ 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 petition.

No. 80-1996. Andrew L. Freese, 2d, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1998. Wayne Sherrard, et ux., Petitioners v. Donald S. Ow- ens, Judge of Probate Court, Ingham County, Lansing, Michigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1999. 162.20 Acres of Land, More or Less, Situated in Clay County, Mississippi, et al., Petitioners v. United States. 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. 26 MONDAY, OCTOBER 5, 1981

No. 80-2000. Bullard Independent School District, et al., Petitioners v. James N. Brown. 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. 80-2002. Franklin Eugene Nixon, Petitioner v. United States. 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. 80-2004. 290 Madison Corp., James Delaney and Helen Delaney,

Petitioners u. Carmine E. Capone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-2006. Curtis Turbyfill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2007. Surety Managers, Inc., Petitioners. M. Leon Stanford, Jr., Rebekah Lynn Stanford, and M. Leon Stanford, Sr. 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. 80-2008. Louis L. Goldstein, ComptroUer of Treasury of Mary- land, et al., Petitioners v. Donald T. Regan, Secretary of Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2009. William L. Parker, Petitioner v. United States. 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. 80-2011. Daniel A. Bublich, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2012. Treva Ann Bowling, Petitioner v. William Lee Bowling. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Eighth Supreme Judicial District, denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 27

No. 80-2013. Michael Henderson, Petitioner v. United States. Peti- tion 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. 80-2014. Carroll Samara, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2018. Edward Thill, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Jud. Dept., denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2019. Robert Wyler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2023. William D. Hurst, Petitioner v. Hughes Tool Company. 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. 80-2025. Jack Bentivegna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2026. Howard Brown, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2028. Barry Lee Reid, Petitioner v. United States. 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. 80-2029. Allen N. Brunwasser, Petitioner v. Eugene B.

Strassburger, III, Judge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2031. William J. O'Hare, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 28 MONDAY, OCTOBER 5, 1981

No. 80-2032. American Law Association, Petitioner v. John Merkel, etc. , 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. 80-2034. Eckerd Drugs of Georgia, Inc., Petitioner v. National Labor Relations Board. 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. 80-2037. Jimmy R. Cole dba Jim R. Cole & Associates, et al., Petitioners v. Continental Oil Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-2038. Thomas L. Channell, Petitioner v. United States. Peti- tion 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. 80-2039. Louis C. Ostrer and Seymour Greenfield, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2042. L. T. Bradt, Petitioner v. Shearn Smith, 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. 80-2044. Shell Oil Company, et al, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2050. Sarah T. Van Cleve, et vir, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2052. Local 9, International Chemical Workers Union, AFL- CIO, Petitioner v. Arthur Eisenberg, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 29

No. 80-2053. J. Nat Hamrick, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2054. John BuettnerJanusch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2055. Letcher T. White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2058. Robert W. Boutz, Petitioner v. Federal Aviation Ad- ministration. Petition for writ 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 petition.

No. 80-2061. Richard J. Rome, Petitioner v. Kansas, ex rel. Commis- sion on Judicial Qualifications. Petition for writ of certiorari to the Su- preme Court of Kansas denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2063. Sackman-Gilliland Corporation, Petitioner v. Chelsea Title and Guaranty Company. 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. 80-2065. Charles Armen Calabrese, Petitioner v. United States; and

No. 80-6694. Charles R. Knowles, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-2067. Jerry J. Colahan, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2069. Anthony "Tony" Caucci, Petitioner v. United States. 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. 30 MONDAY, OCTOBER 5, 1981

No. 80-2071. Roslindale Co-operative Bank, et al., Petitioners v. Carol S. Greenwald, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2072. Atchison, Topeka and Santa Fe Railway Company, 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 O'Connor took no part in the consideration or decision of this petition.

No. 80-2075. Nathaniel Coleman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2080. Ron Tonkin Gran Turismo, Inc., Petitioner v. Fiat Dis- tributors, Inc., 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. 80-2081. William T. Osborne and Big T Pharmacy, Inc., Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2084. Jane R. Long, et al., Petitioners v. Chemehuevi Indian Reservation, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2085. Geriatrics, Inc., etc., Petitioner v. Richard S. Schwei- ker, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2087. William Roger Boone, Petitioner v. United States. Peti- tion 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. 80-2088. Leoda Wren, et al., Petitioners v. Nolan Jones, et al Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2090. William Glenn Prichard and Brian De Palma, Petition- MONDAY, OCTOBER 5, 1981 31 ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2093. Sea-Land Service, Inc., Petitioners. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2095. New York Shipping Association, Inc. , et al. , Petition- ers v . William A. Pascarell, Acting Regional Director, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2096. Glen DeRonde, Petitioner v. Regents of the University of California, et al. Petition for writ of certiorari to the Supreme Court of California denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2097. Potter Instrument Company, Inc., Petitioner v. Stor- age Technology Corporation, et al.; and

No. 81-52. Control Data Corporation, et al., Petitioners v. Potter In- strument Company, Inc. , et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-2101. Eugene Johnson III, Petitioner v. J.O.L. II. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2103. Robert Q. Whitwell, Petitioner v. Board of Law Exam- iners of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2104. Benjamin Ward, etc., et al., Petitioners v. Elizabeth

Powell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2105. Cecil W. Conner, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 80-2108. Vernon Horace Tucker and Marion Benton Morton, Pe- 32 MONDAY, OCTOBER 5, 1981 titioners v. United States. 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. 80-2109. Emmett M. Clark, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2113. J. W. Bateson, Inc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2115. Karen G. Silkwood, by the Administrator of her Estate,

Bill M. Silkwood, et al., Petitioners v. The Kerr-McGee Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2118. Loyd S. Drennan, Petitioner v. Security Pacific Na- tional Bank. Petition for writ of certiorari to the Supreme Court of Cali- fornia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2119. Charles D. Cronen, Petitioner v. City of Galena Park, Texas. Petition for writ of certiorari to the Court of Civil Appeals of Texas, First Supreme Judicial District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2121. Edward Dean Martin, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2123. John Lee Whitt, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2124. Ambassador College, Inc., et al, Petitioners v. George Daniel McElroy. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2125. Arthur A. Allen, et al., Petitioners v. United States. 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. MONDAY, OCTOBER 5, 1981 33

No. 80-2126. Hugh S. Hunt, Petitioner v. Ray Lee Hunt, Executor of the Estate of H. L. Hunt. 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. 80-2129. Harold R. Hoke, Petitioner v. Warren Akin and Alex Dent. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2130. James Earl Sharpe, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2132. James Verner, et al., Petitioners u. Butchers' Union #127. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2133. Quad C Corporation, et al., Petitioners v. National La- bor Relations Board, 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. 80-2136. L. Weber, Petitioner v. Norman W. Black, et al. Peti- tion 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. 80-2137. Davis & Cox, et al., Petitioners v. Summa Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2140. William V. Gadek, III, etc., Petitioner v. Township of Woodbridge. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2141. Tennessee, et al., Petitioners v. Louisville and Nash- ville Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2142. Angelo C. Pappalardo, et al., Petitioners v. Leo M.

Shore, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 34 MONDAY, OCTOBER 5, 1981

No. 80-2144. Rodrique J. Francois, Petitioner v. Administrator of Veterans Affairs, etc. 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. 80-2145. Jerry Edwin Holcombe, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 80-2148. Thirty-six Thousand One Hundred Twenty-Five Dol- lars in United States Currency, et al., Petitioners v. United States. Pe- tition 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. 80-2149. Coastal States Crude Gathering Company, Petitioner v. United States. 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. 80-2154. Zenith Radio Corporation, et al., Petitioners v. Robert Edward McGrath. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2155. Irwin A. Schiff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2157. Anchorage Times Publishing Co. , Petitioner v. National Labor Relations Board. 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. 80-2158. Isadore Spiegel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2160. Lorraine A. Williams, et al., Petitioners v. Aulin E.

Johnson, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 35

No. 80-2161. Mr. A's Restaurant, Petitioner v. National Labor Rela- tions Board. 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. 80-2163. Donald Dewees, Petitioner v. United States;

No. 81-58. Leroy Butler, Petitioner v. United States;

No. 81-80. Charles Cameron, Petitioner v. United States; and

No. 81-81. Willie Earl Patterson, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-2166. Mary Taberoff, Petitioner v. Farmers Group, Inc., 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. 80-2167. Anneliese B. Lamb, etc., Petitioner v. Connecticut General Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2168. Philip T. Medico, Petitioner v. Time, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2173. Norman M. Lipman, Petitioner v. William M. Leech,

Jr. , etc. Petition for writ of certiorari to the Supreme Court of Tennes- see, Middle Division, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2174. Leroy X. Mason, Petitioner v. R. F. Zahradnick, Su- perintendent, Virginia State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2176. Robert C. Hagopian, Petitioner v. Clayton W. Trefry, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2180. McRoberts Protective Agency, et al, Petitioners v. 36 MONDAY, OCTOBER 5, 1981

Samuel Arbeeny, et al.; and McRoberts Protective Agency, et al., Peti- tioners v. Michael Conlon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2183. David J. Clark, Petitioner v. John D. Wilson. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2184. Sindell, Lowe & Guidubaldi, et al., Petitioners v. Attor- ney General of Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2185. Ruetta Paris, et al., Petitioners v. Profit Sharing Plan of Howard B. Wolf, Inc., 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. 80-2186. John E. Boyd, Petitioner v. Western Electric, John D. DeButts and Theodore G. Clark. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2187. Margaret E. Johnson Malmstedt, 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2188. Friarton Estates Corp., et al., Petitioners v. City of New York, et al. Petition for writ of certiorari to the Appellate Divi- sion, Supreme Court of New York, First Judicial Department, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2189. Major Becton, et al., Petitioners v. United States. Peti- tion 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. 80-2190. Haddon House Food Products, Inc. and Flavor Delight,

Inc., Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. .

MONDAY, OCTOBER 5, 1981 37

No. 80-2191. Town of Morristown, Petitioner v. S. Howard

Woodson, Jr. , etc. , et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2192. Mary Josephine Wood, Petitioner v. Southwestern Bell Telephone Company. 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. 80-2197. Alabama ex rel. Charles A. Graddick, Attorney General of Alabama, Petitioner v. Tennessee Valley Authority, 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. 80-2198. Hugh L. Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2199. Kenneth Snyder, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2201. Stanley V. Tucker, Petitioner v. Hartford Electric Light Company. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2206. Sophia T. Strom, Petitioner v. United States, et al. Pe- tition 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. 80-2208. Ernest L. Citron, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2210. Gerald E. McCabe, Petitioner v. Department of Reg- istration and Education of the State of Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition. 38 MONDAY, OCTOBER 5, 1981

No. 80-2212. Maxine Barbalich, et al., Petitioners v. American Auto- mobile Association. 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. 80-2214. Herbert R. Black, Thomas M. Daniels, Jr. and J. C. Clements, Petitioners v. Federal Deposit Insurance Corporation. Peti- tion 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. 80-2215. Milwaukee Typographical Union No. 23, Petitioner v. Newspapers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2216. John W. Jones, Petitioner v. R.L. Fawcett, et al. Peti- tion for writ of certiorari to the Court of Appeals of Arkansas denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2217. Seligman & Associates, Inc., Petitioner v. National La- bor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2218. William R. Cole, Petitioners Henry B. Gray, III, 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. 80-2219. Donald G. Dail, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2220. Maritime Overseas Corp., Petitioner v. Stewart V. Dixon. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2221. Industrial Consultants, Inc., Petitioner v. H. S. Equi- ties, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6108. Michael Bone, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 39

No. 80-6168. Bernard Altamirano, Petitioner v. United States. Peti- tion 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. 80-6255. Miguel Feliciano, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6364. Byron J. Stevens, Petitioner v. Mable Kirkpatrick. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6387. William Guy McMahan, Petitioner v. Alaska. Petition for writ of certiorari to the Supreme Court of Alaska denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6395. David Jordan Purnell, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6418. Jose Garcia-Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6430. Hal Wilborn, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-6438. John Charles Stein, Jr., Petitioner v. Frank Blackburn, Warden. Petition for writ of certiorari to the Supreme Court of Louisi- ana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6447. Leon Frazier, Petitioner v. E. P. Perini, Superinten- dent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6458. Earl F. Mink, Petitioner v. Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6461. Rebel Randall, Petitioner v. F. Lee Bailey, et al. Peti- 40 MONDAY, OCTOBER 5, 1981 tion 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. 80-6462. Frank Rutkowsky, Petitioner v. Board of Prison Terms of California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6478. James Harris, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6479. Otis Thompson, Jr., Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6486. David Mapson, Petitioner v. E. P. Perini, Superinten- dent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6516. John Harold Yellen, Petitioner v. Quentin V. Long, etc. , et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6517. Jimmy Frank, Petitioner v. Frank Blackburn, Warden. 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. 80-6520. Anthony Souza, Petitioner v. Rhode Island. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6529. John Sapio, Petitioner v. Eugene Gold, District Attor- ney of Kings County. Petition for writ of certiorari to the Appellate Di- vision, Supreme Court of New York, Second Jud. Dept. , denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-6533. George Thomas Powell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 41

No. 80-6544. McArthur Johnson, Petitioners. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6545. Bobby Carroll Harvey, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-6548. Jeffrey Otherson and Bruce Brown, Petitioners v. United States. 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. 80-6568. James Walter Cherry, Petitioner v. Director, State Board of Corrections. 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. 80-6572. L. D. Hilliard, Petitioner v. Norman A. Carlson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6573. Leland Earl Chrisco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 80-6578. McArthur Johnson, Petitioners. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6585. Jack A. Terrell, Petitioner v. United States; and

No. 80-6927. Richard Lee Williams, Petitioner v. United States. Pe- titions for writs 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 these petitions.

No. 80-6591. Norman S. Schlang, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-6608. Nathaniel George Wood, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. Justice O'Connor took no part in the consideration or decision of this petition. 42 MONDAY, OCTOBER 5, 1981

No. 80-6615. James M. Scott, Petitioner v. Jo Ann Fauvergue, 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. 80-6616. Birtie Severdia, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6624. Betty 0. Muka, Petitioner v. Kenneth H. Cohn, et al.; and Betty 0. Muka, Petitioner v. James T. Foley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6625. Robert Hook, Petitioner v. Thomas A. Coughlan, III, Commissioner, New York State Department of Correctional Services, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6626. Anthony Grandison, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6628. Ralph Ratton Hall, Petitioner v. Thomas Coughlin, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6633. Milton Chavis, Petitioner v. Robert J. Henderson, Su- perintendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6635. Joseph Jesse Espinoza, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6636. Sidney Willie Louis Hammons, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 43

No. 80-6637. T. Eugene Thompson, Petitioner v. Kenneth Schoen, individually and as Commissioner of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6639. George Calvin Young, 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6643. Bruce Davis, Petitioner v. United States. 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. 80-6644. Harold Leon Shaw, Jr. , Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, First Ap- pellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6647. Gary Lee McColpin, Petitioner v. Richard Lamunyon. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6650. Andrew C. Palmer, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6652. Roger Maurice Belcourt, Petitioner v. Rhode Island. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6653. Jessie Clark, Petitioner v. Levi Romero, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6656. Robert Rodriguez, Petitioner v. Marzell Trost, dba Trost Model Craft Hobbies. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-6658. Alvin Lewis, Petitioner v. Safeway Stores, Inc., et al. 44 MONDAY, OCTOBER 5, 1981

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. 80-6659. John Kitsos, etc., Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6661. Clinton W. Delespine, 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6664. John Polk, Petitioner v. David A. Lewis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6665. Preston Glenn, Petitioner v. William Dallman, Superin- tendent, Lebanon Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6666. William DeWayne Peterson, Petitioner v. Warden, Maryland Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-6670. Robert Samuel Willis, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6673. George Monge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6674. Mark Anton Reagle, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6676. Curtis Houston, Petitioner v. Warden, Stateville Cor- rectional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 45

No. 80-6678. Alex Shaw, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court ofNew York, First Judicial Department, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6681. Johnny Preston Wofford, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6682. Eric Karl Spangenberg, Petitioner v. Wells Fargo Bank, N. A. 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. 80-6683. Tommy Humphrey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6684. Richard Cain, Petitioner v. Francis T. Moore, Warden. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6685. Tyrone Hurt, Petitioner v. D. C. Board of Parole. Peti- tion for writ 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 petition.

No. 80-6686. Ruchell Cinque MaGee, Petitioner v. J. Campoy, Asso-

ciate 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.

No. 80-6687. Robert Rodriguez, Petitioner v. Old Rose Distributors. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6688. Leslie Van Houten, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6689. James Elwood Miller, Petitioner v. United States. Peti- tion 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. 46 MONDAY, OCTOBER 5, 1981

No. 80-6691. Jack Russell Green, Petitioner v. Arnold Jago, Superin- tendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6697. Joseph A. Yacavone, Petitioner v. William F. Bolger,

Postmaster General, et al. Petition for writ 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 petition.

No. 80-6698. Christine Keno, Petitioner v. Arthur Dwyer, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6699. Dolores Novel, Petitioner v. Civil Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6705. Gregory W. T. Cox, Petitioner v. United States. Peti- tion 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. 80-6707. Boyd Furman Crenshaw, Petitioner v. W. D. Leeke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6709. Leonard Duran Enriquez, Petitioner v. United States; and

No. 81-165. Adrian Lopez, Petitioner v. United States. Petitions for writs 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 these petitions.

No. 80-6710. John A. Frazier, Petitioner u. Commissioner of Internal Revenue. 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. 80-6711. Edward E. Powell, Petitioner v. Roger C. Levit, 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. MONDAY. OCTOBER 5. 1981 47

No. 80-6712. Robert Housby, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6713. Paul H. Holbrook, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio. Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6715. Willie A. Key. Petitioner v. American Development

Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6716. George Farmakis, Petitioner u. New York. Petition for writ of certiorari to the Appellate Division. Supreme Court ofXew York, First Judicial Department, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6719. Donald Rickerson, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-6721. Charlie Moore, Petitioner v. Barry Mintzes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6722. Cecelia M. Mason. Petitioner v. County of Worcester, et al. Petition for writ of certiorari to the Appeals Court of Massachu- setts denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6723. Eugene Stoica, Petitioner v. Edward Klein, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6724. Walter Washington. Jr.. Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois. Second District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6726. Francis D. Van Duyse, Petitioner v. Thomas R. Israel. Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 48 MONDAY, OCTOBER 5, 1981

No. 80-6728. Nina Stevenson Plotkin, Petitioner v. Jerry Serritella. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6729. Jerry Anthony Van Hoorelbeke, Petitioner v. Califor- nia. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6730. Mary Ann Misuraca, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6731. Willie D. Needham, Jr., Petitioner v. Louisiana. Peti- tion for writ of certiorari to the Supreme Court of Louisiana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6733. Ernest Osbond, Jr., Petitioner v. Arizonac 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. 80-6734. Patrick Murray Keating, Petitioner v. Missouri. Peti- tion 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. 80-6736. James Andrew Hyde, Petitioner v. Michael P. Lane,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6737. Francisco Cepero Alers, Petitioner v. City Govern- ment. Petition for writ of certiorari to the Supreme Court of Puerto Rico denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6738. Anthony Flora, Petitioner v. John A. Marzulli, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6739. William E. Grisel, Petitioner v. Oregon State Peniten- tiary, etc. Petition for writ of certiorari to the Supreme Court of Ore- gon denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 49

No. 80-6741. Albert Andrisani, Petitioner v. Maxon Industries, Inc., et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6742. Maxwell Dragon, Petitioner v. Russell Trombley, Sher- iff of the County of Clinton. Petition for writ of certiorari to the Appel- late Division, Supreme Court of New York, Third Jud. Dept. , denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6746. James Willis Black, Petitioner v. Frank W. Woods, Warden, 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. 80-6747. Ervin Hohensee, et al., Petitioners v. Milton Shapp, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6750. Alphonso Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6751. Bui T. Thanh, Petitioner v. City of Lacey, Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6753. Hernando Mesa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6754. Edgar L. Ross, Petitioner v. E. Leo Milonas, etc. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6756. Frederick D. Hickman, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6760. Rodney H. Burreson, Petitioner v. United States. Peti- MONDAY, OCTOBER 5, 1981 50 tion 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. 80-6761. William H. Wood, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6763. Richard Callahan, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6765. Anthony Blanks, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Jud. Dept., denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6766. William Henry Luckett, Petitioner v. Dewey Sowders, Superintendent, Kentucky State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

. No. 80-6768. Ralph Michael Shackleford, Petitioner v. United States; and No. 80-6790. Michael L. Whitehead, Petitioners. United States. Pe- titions for writs 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 these petitions.

No. 80-6770. Juan Carr, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6771. Forest Coats, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 80-6772. Ricky Wayne Tison and Raymond Curtis Tison, Peti- tioners v. Arizona. 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. 80-6773. George Hansen, Petitioner v. Illinois. Petition for writ MONDAY, OCTOBER 5, 1981 51 of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6775. William E. Hart, Petitioner v. United States. 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. 80-6776. Gerald Henderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6777. Edgar L. Shields, Petitioner v. United States. 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. 80-6778. James Richard Paulsen, Petitioner v. United States. 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. 80-6779. Dennis J. Lunsford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6781. Victor Gaskins, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6782. Carl D. Adams, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6784. Mark Loomis Metz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6788. Willie Wood, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice O'Connor took no part in the consideration or decision of this petition. 52 MONDAY, OCTOBER 5, 1981

No. 80-6789. Lawrence Kenneally, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6791 < Dawn Evann Killion, Petitioner v. United States. Peti- tion 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. 80-6792. William Frank Hoppe, Petitioner v. United States. Pe- tition 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. 80-6793. Arnold Maxwell Harris, Petitioner v. Leo Hegstrom. Petition for writ of certiorari to the Supreme Court of Oregon denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6794. Yuba Lasumba, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6795. Richmond A. Ware, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6796. Kareem Dawud Farrakhan, Petitioner v. Sears Roe- buck & Company. 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. 80-6797. Horace James Cooper, Petitioner v. James P. Mitchell, Superintendent, Virginia State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6798. Tommy Humphrey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6800. Albert Luster, Petitioner v. United States. Petition for (JOURNAL) MONDAY, OCTOBER 5, 1981 53 writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6801. Marvin Crenshaw, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6802. Nahid L Holum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6803. Frank Motton, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-6804. Robert D. Henderson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6805. Prentice C. Miller, Petitioner v. United States. 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. 80-6806. David Stribling, Petitioner v. Marvin Reed, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6807. Tommie Lee Germany, Petitioner v. W. J. Estelle, Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-6808. Mark Anthony Johnson, Petitioner v. Washington. Pe- tition for writ of certiorari to the Supreme Court of Washington denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6809. Willie Daniel Pilkington, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Justice O'Connor took no part in the consideration or decision of this petition. 54 MONDAY, OCTOBER 5, 1981

No. 80-6811. Rosser B. Melton, Jr., Petitioner v. United States. Pe- tition 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. 80-6813. Anthony Bottom, Petitioner v. Thomas Coughlin, Com- missioner, 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6814. In Re Estate of Frank Lee Barnett, Deceased, Anthony Barnett, Petitioner. Petition for writ of certiorari to the District of Co- lumbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6815. H. Eugene Bennett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6816. Norman Archer, Petitioner v. Commissioner of Correc- tion 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6817. Earl Taylor, Petitioner v. Glenn Hearne, 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. 80-6821. Stephen Mitchell, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6822. Mark Blaine Griffin, Petitioner v. United States;

No. 80-6823. Stephen Dale McGowan, Petitioner v. United States; and

No. 80-6827. Alan F. Herbst, Petitioner v. United States, Petitions for writs 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 these petitions.

No. 80-6824. Charles S. Sexton, Petitioner v. Gary D. Maynard, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 55

No. 80-6828. Kent C. Cross, Petitioner v. Bernard Carey, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6829. Salvatore G. Crisafi, Petitioner v. Robert K. Thomp- son, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6830. Willie A. Cole, Petitioner v. David Vincent, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6831. Howard Scott, Petitioner v. Small Business Adminis- tration. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6832. John Morgan Burton, III, Petitioner v. James Greer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6833. Frances Zamnik, Petitioner v. Alexander M. Haig, Jr.,

Secretary of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-6836. Dominic Marangelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6837. Henry Trussell, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6838. Robert B. Cunningham, Petitioner v. United States. 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. 80-6840. Aaron Holsey, Petitioner v. Circuit Court for Howard County. Petition for writ of certiorari to the Court of Appeals of Mary- land denied. Justice O'Connor took no part in the consideration or decision of this petition. 56 MONDAY, OCTOBER 5, 1981

No. 80-6842. Roy Stewart and Mary Stewart, Petitioners v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6847. Clarence Wilkerson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6848. Elton G. Carpenter, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6849. Terrence J. Karmann, Petitioner v. United States. Pe- tition 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. 80-6851. Neal Ruetz, Petitioner v. Jack R. Duckworth, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6852. Hugh Hartman Baldwin, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Appeals of Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6853. Norman Allen Ayers, Petitioner v. George H. Collins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6854. Howard Starr Caldwell, Petitioner v. Lance C. Thomp- son, etc. 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. 80-6855. Jeremiah Geaney, Petitioner v. United States; and

No. 80-6856. Mark Clancy, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions. MONDAY, OCTOBER 5, 1981 57

No. 80-6857. Ervin Hohensee, Petitioner v. Daniel Penetar. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6858. Ervin Hohensee, Petitioner v. Richard Conaboy. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6861. Kenneth Norman Smith, Petitioner v. James H. Keet, Jr., Judge, Circuit Court of Greene County, Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6862. Merle L. Royse, Petitioner v. Washington, et al. Peti- tion 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. 80-6865. Emmett J. Stebbins, Petitioner v. James E. Arm- strong, III, et al. Petition for writ of certiorari to the District of Colum- bia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6866. Bobby Joe Snead, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6867. Jesse Roots, Petitioner v. Louie L. Wainwright, Secre- tary, Florida Department of Offender Rehabilitation. 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. 80-6868. Joe Widemon, Petitioner v. Ninety-Fifth, Ninety-Sixth and Ninety-Seventh Congress, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-6869. Calvin K. of Oakknoll, Petitioner v. Bradford Hospital Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 58 MONDAY, OCTOBER 5, 1981

No. 80-6870. Gerson C. Carr, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6871. J. C. McCrary, Petitioner v. Eugene LeFevre, Superin- tendent, Clinton Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 80-6872. Dennis T. Adams, Petitioner v. State Bar of Wisconsin, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6873. Michael J. Flashner, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6874. Robert Lee White, Petitioner v. Dewey Sowders, Su- perintendent, Kentucky State Reformatory, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6875. William J. Vanderberg, Petitioner v. George W. Biddlecome and Gary Kenawell. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6876. Willie A. Fryson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6879. Clovis Carl Green, Jr., Petitioners. Mr. Martinez, Dep- uty Clerk, 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. 80-6881. Samuel Earl Williams, Petitioner v. Dolph Briscoe, 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. 80-6882. Carlos Viezcas Molina, Petitioner v. United States. Pe- MONDAY, OCTOBER 5, 1981 59 tition 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. 80-6884. Alfred L. Smith, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6885. James Sanders, Jr., Petitioner v. United States. Peti- tion 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. 80-6886. Charles E. Lesher, Petitioner v. Joseph R. Kainrad, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6887. Mabel Greer, Petitioner v. United States. 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. 80-6888. Carmelo Rivera, Petitioner v. Thomas A. Coughlin, III, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6889. Ethel Ann Cheatham, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6891. John Patrick Tully, Petitioner v. James R. Zazzali, At- torney General of New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6892. Clarence Adams, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6893. William Taylor Stirewalt, Petitioner v. Anthony

Dirienzo, U.S. Marshal, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 60 MONDAY, OCTOBER 5, 1981

No. 80-6894. Willie Eugene Webster, Petitioner v. Ted Engle, Su- perintendent, Chillicothe Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6895. Roosevelt Payne, Jr., Petitioner v. T. D. Lyon, Su- perintendent, Caroline Correctional Unit. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6896. Ted Edwards, Petitioner v. United States. 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. 80-6897. Barbara Ann Gooden, Petitioner v. United States. Peti- tion 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. 80-6898. Daniel G. Garvin, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6899. Ronald Eric Veverka, Petitioner v. David Scurr, War- den, 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. 80-6900. Geneva Tew, Petitioner v. Richard S. Schweiker, Sec- retary of Health and Human Services. 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. 80-6901. Leroy James Woods, Petitioners. Doctor G. Neal, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6903. Bobby Joe Carr, Petitioner v. United States. 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. MONDAY, OCTOBER 5, 1981 61

No. 80-6904. Earl Syers, Petitioner v. Terrence Brelje, etc. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6906. James Lee Miller, Petitioner v. Caspar W. Weinberger, Secretary of Defense, 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. 80-6907. Roswell G. Stone, Jr., Petitioners United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6908. Michel Renaud, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Jud. Dept., denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6909. Justina Ghartey, Petitioner v. Katie Capitulo, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6910. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6911. Dominic J. Mariano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6912. Leon Steadham, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6913. James W. Melanson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6915. Kareen Dawud Farrakhan, Petitioner v. Mutual of Omaha. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 62 MONDAY, OCTOBER 5, 1981

No. 80-6916. Johnny F. Dannelley and Dorothy A. Dannelley, Peti- tioners v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6917, Arthur E. Johnson, Petitioner v. Gulf Coast Commu- nity Service, 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. 80-6918. Kelly J. Wendeln, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6919. Timothy M. Shird, Petitioner v. Mr. Tilly, Adjustment

Hearing Examiner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 80-6920. Jaimie Willard Nixon, Petitioner v. United States. Peti- tion 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. 80-6921. Russell D. Wood, Petitioner v. Raymond J. Donovan, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6922. Paul DeCrescente, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6923. Dewey Wilson, Petitioner v. California, 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. 80-6924. John V. Christian, Petitioner v. United States; and

No. 80-6943. Richard Adams, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-6926. William Barton, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 63

No. 80-6929. Aaron Holsey, Petitioner v. Inmate Grievance Commisssion. Petition for writ of certiorari to the Court of Appeals of Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6930. Byron Albert Brooks, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition. *

No. 80-6931. Terry Ashford, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6935. Franklin D. Mullins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6936. Martha Hubbard, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6937. L. D. Hilliard, Petitioner v. G. C. Wilkinson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6938. Peter J. Atherton, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6939. M. Daniel Friedland, Petitioner v. Disciplinary Com- mission of the Indiana Supreme Court. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6940. John Storar, Deceased, by Arlene A. Hughes, his Guardian ad Litem, Petitioner v. Dorothy Storar, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6941. Bernard Anthony Ybarra, Petitioner v. J. Grant Bastian, State Highway Engineer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition. 64 MONDAY, OCTOBER 5, 1981

No. 80-6944. Mertylin Carroll, Petitioner v. Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6945. Bruno P. Kerner, Petitioner v. H. Katharina Haelsig, etc. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6950. Felisa Reagan, Petitioner v. St. Martin's Press. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-2. Grey B. Moran, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-6. Ford Motor Company, Petitioner v. Commercial Union In- surance Company. 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. 81-7. National Association of Broadcast Employees and Techni- cians, AFL-CIO, et al., Petitioners v. WJLA, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-8. Dorothy Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-12. Hobert W. Fischer, Petitioner v. Robert A. Dakopolos. Petition for writ of certiorari to the Court of Appeals of Missouri, West- ern District, denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 81-15. 154 East Park Avenue Corp. and SLC Construction Corp., Petitioners v. City of Long Beach and Arthur Zimmerman. Peti- tion for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 65

No. 81-18. Perry Edward Woolridge, Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-21. Jack P. Mickle, etc., et al., Petitioners v. Cross Country Corporation, etc. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-22. Andrew C. Neidinger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-25. One 1976 Rolls Royce Silver Shadow, Serial No. LRE 25888, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-26. Patricia Markot, et al., Petitioners v. Robert N. Hausner, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-27. Ellen Luce, Petitioner v. Leonard Govan. Petition for writ of certiorari to the Court of Civil Appeals of Texas, First Supreme Judicial District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-28. Jack Gordon and Joseph Daly, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-30. James Loman Huff, Petitioner v. United States. 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. 81-34. Dornier, GmbH and Dornier, A. G., Petitioners v. Donald E. Elliott, et al. Petition for writ of certiorari to the Superior Court of Alaska, Fourth Judicial District denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-36. Peter S. Carbone, Chairman, General Adjustment Com- 66 MONDAY, OCTOBER 5, 1981 mittee, et al., Petitioners v. Robert W. Meserve, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-37. John Paul Minarik, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-40. Cynthia Proctor, Petitioner v. Paul Kramer. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-41. Joan A. Hagans, Petitioner v. James G. Watt, Secretary of the Interior. 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. 81-42. Ronald E. Gregg, Petitioners. Charles B. Rahm. 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. 81-46. David Alan Rives, Petitioner v. United States. 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. 81-47. Imelda Contreras De Avila, 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 Sev- enth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-54. Harvey H. Heath, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-56. Reaver Blake, et al, Petitioners v. Phil Peters, et al. Pe- tition 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. 81-57. Aaron L. Katz, Petitioner v. Bank of California. Petition MONDAY, OCTOBER 5, 1981 67 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. 81-59. Richard Lane Bangert and Alan Harold Kandel, Petition- ers v. United States. 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. 81-62. E. Howard Hunt, Jr., Petitioner v. William 0. Bittman, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-63. Bob Maxfield, Inc., dba Bob Maxfield American, et al.,

Petitioners v. American Motors 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. 81-65. John M. Beeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-66. Foremost Insurance Company, etc., Petitioner v. Progress Marine, Inc. 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. 81-67. John E. Altman, et al., Petitioners v. Health and Hospi- tals Governing Commission of Cook County. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-70. Whirlpool Corporation, Petitioner v. Colombo A. Spagnuolo. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-73. Vinyl Products Manufacturing, Inc., et al., Petitioners v.

Calco-Hawaiian Import-Export Co. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition. 68 MONDAY, OCTOBER 5, 1981

No. 81-74. Hollister K. Cotton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-75. Juan Gonzales-Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the

' Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-76. James H. Armistead, Petitioner v. California State Per- sonnel Board and Department of Water Resources. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-77. Jesse Marvin Cleveland, Jr., Petitioner v. Gaylord Cleve- land, Executor of the Estate of Jesse Marvin Cleveland. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-78. Mark Felsen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-88. Local 394, Laborers' International Union of North Amer-

ica, AFL-CIO, Petitioner v. National Labor Relations Board, et al. Pe- tition for writ 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 petition.

No. 81-90. William Thibadeau, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-94. 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-95c Nicholas A. Attick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 69

No. 81-100. Joseph Michael Rice, Jr., Petitioner v. United States. 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. 81-101. Harold Lewis, Petitioner v. Cook County Department of Public Aid, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-102. Otis M. Bay and Charles H. Bean, Petitioners v. Good- year Tire and Rubber Company. 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. 81-103. Jerome L. Doff, Petitioner v. Brunswick Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-104. Walter Blanton, Jr., et ux., Petitioners v. General Elec- tric Credit Corporation of Georgia. 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. 81-105. James Edward Brown, Petitioner v. United States. Peti- tion 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. 81-107. Fred Raymond Fields, Petitioner v. Ida Elaine G. Fields. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-108. Fedders Corporation and Subsidiaries, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-111. Joseph Arnao and Joey Arnao, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-115. Makah Indian Tribe, Petitioner v. Lower Elwha Tribe, 70 MONDAY, OCTOBER 5, 1981

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-116. Craig E. Davis, Petitioner v. United States, et al.; and

Stephen M. Orr, Petitioner v. United States, 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. 81-118. Kemlon Products and Development Company, et al., Pe- titioners v. United States, 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. 81-12L Amos Reed, et al., Petitioners v. James R. Grissom. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-123. Mary E. Winters, Petitioner v. Theodore M. Beck. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Jud. Dept., denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-124. Richard N. Hill, Jr., Petitioner v. Charlotte G. Hill. Pe- tition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-126. Marshall Field & Company, Petitioner v. Georgene Paskuly. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-127. Glenn G. Getz, Petitioner v. United States, et al. Peti- tion 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. 81-132. United Electric Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-133. Dennis Wise, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, OCTOBER 5, 1981 71

No. 81-135. Arkansas, Petitioner v. Michael Devond Prue and Cathy Lucille Prue. Petition for writ of certiorari to the Supreme Court of Ar- kansas denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-136. Leonel A. Morales, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 3 denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-138. Chandler Unified School District, et al., Petitioners v. Theresa M. Collins. 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. 81-140. Protestant Episcopal Church in the Diocese of Los Ange- les, et al., Petitioners v. John D. Barker, et al.; and No. 81-141. Rector, Warden and Vestrymen of the Church of the Holy Apostles in Glendale, California, et al., Petitioners v. Protestant

Episcopal Church in the Diocese of Los Angeles, et al. Petitions for writs of certiorari to the Court of Appeal of California, Second Appel- late District, denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 81-145. John G. Todd, Petitioner v. United States. Petition for writ 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 petition. No. 81-146. W. Darrell Zang and Louis Porter, Petitioners v. United States. Petition for writ of certiorari to the United States Temporary Emergency Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-147. Anabel J. McCutcheon, Petitioner v. Board of Educa- tion, City of Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 81-148. Bill M. Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-149. Sam Cooper, Petitioner v. Richard Wille, Sheriff of Palm Beach County. 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. 72 MONDAY, OCTOBER 5, 1981

No. 81-154. Donald B. Rice Tire Company, Inc., Petitioner v. Michelin Tire Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 81-156. Gordon B. Leitch, Jr., et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-159. Joseph G. Hatheway, Jr., Petitioner v. John 0. Marsh, Jr. Secretary of the Army. 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. 81-161. Harry J. Mangrum, Jr., Petitioner v. United States. Pe- tition 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. 81-162. Thomas A. McCrary, et al., Petitioners v. David B. Poythress, Secretary of State of Georgia and Chairman State Election Board, 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. 81-163. Raymond R. Lyon, et al., Petitioners v. California, et al.; and

No. 81-182. Tahoe Shorezone Representation, Petitioner v. Califor-

nia, et al. Petitions for writs of certiorari to the Supreme Court of Cali- fornia denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 81-168. Forrest D. Livingston, Petitioner v. Continental Air- lines, 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. 81-169. Marianne O'Brien Reynolds, Petitioner v. Georgia, 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. 81-170. Alberto Cora, Petitioner v. United States; and

No. 81-5128. Ralph Grella, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions. MONDAY, OCTOBER 5, 1981 73

No. 81-172. Charles Eugene Perry, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-174. Lazaro Perez, et ux., Individually and as Parents and Natural Guardians of Vladimir Perez, a Minor, Petitioners v. Bahamas. Petition for writ 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 petition.

No. 81-175. Gene Thomas Meyer, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-178. James Bird, Petitioner v. Samuel Rothman, et al. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-179. Alice J. Hoffman, Petitioner v. Weisman, Celler, Spett, Modlin & Wertheimer. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 81-190. Joseph P. Uzzolino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-197. Appalachian Power Company, Petitioner v. National La- bor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-205. International Association of Bridge, Structural and Or- namental Iron Workers Local Union No. Ill, et al., Petitioners v. Allen Douglas, et al Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 81-208. Uptown People's Community Health Services Board of Directors, Petitioner v. Richard S. Schweiker, Secretary, Department

of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition. 74 MONDAY, OCTOBER 5, 1981

No. 81-209. Clayton Manufacturing Corporation, Petitioner v. Leon Moorer. Petition for writ of certiorari to the Court of Appeals of Ari- zona, Division Two, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-214. Richard Allen Wakefield, Petitioner v. United States.' Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-216. Self Retention Programmers, Inc., et al., Petitioners v.

International Accident Facilities, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-223. Albert Guarineri, et ux., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-224. United Aircraft Corporation, Petitioner v. Albert G. , Bodine, Jr., etc. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-233. Richard E. Taylor, Petitioner v. United States. 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. 81-245. Max Abiledinger and Kenneth Johnson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-267. Frank T. Solmitz, by and through his Guardian ad Litem

Patricia Solmitz, Petitioner v. United States. 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. 81-324. Michael Allen Fagan and Joseph Gary Fagan, Petition- ers v. United States. 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.

-X (JOURNAL) MONDAY OCTOBER 5, 1981 75

No. 81-339. Volkswagenwerk, A.G., et al., Petitioners v. Barry Lynn Seese, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-343. Nicholas Civella, et al. , Petitioners v. United States. Pe- tition 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. 81-370. Kara Jayne Langdon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-391. Michael E. LaGorga, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-394. John DiGilio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5003. Celeste Gold Broughton, Petitioner v. Robert B. Broughton. Petition for writ of certiorari to the Supreme Court of North Carolina denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5004. Dominic J. Ford, Petitioner v. uggero J. Aldisert, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5005. Dewey E. Durham, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5006. Jose Alonso, Petitioner v. United States; and

No. 81-5201. Jose Viera, Petitioner v. United States. Petitions for writs 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 these petitions.

No. 81-5007. Robert A. Johnson, Petitioner v. Jack R. Duckworth, 76 MONDAY OCTOBER 5, 1981

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5008. Walter Bernhart, Petitioner v. United States. 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. 81-5010. Joe Lewis, Petitioner v. United States. 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. 81-5011. Eddie Joe Davis, Petitioner v. United States. 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. 81-5012. Muhammad Ashraf Ali, Petitioner v. National Bank of Pakistan. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5015. Bruce Hayes, Petitioner v. James Coffey. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5016. George Alvin Bruton, Petitioner v. United States. Peti- tion 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. 81-5018. Walter W. Nugent and Ruth M. Nugent, Petitioners v.

John M. Wise, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5020. John Krawczyk, Petitioner v. Roy Stubbins, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5022. Edward George Joseph Pope II, and Richard Leon

Sawyer, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition. MONDAY OCTOBER 5, 1981 77

No. 81-5024. Bernard D. Spector, Petitioner v. Commissioner of In- ternal Revenue. 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. 81-5025. Frank A. Vicaretti, Jr., Petitioners. Robert J. Hender- son, Superintendent, Auburn Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5027. James Avery Miller, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5031. Daniel M. Groff, Petitioner v. Township of Elizabeth, Lancaster County, Pennsylvania. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5033. Ronald Ray McMillion, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5034. Arthur Morrell, Petitioner v. Louisiana State Bar Asso- ciation, 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. 81-5040. Ronald Lowell Gullett, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5041. Edward Paul Gonzales-Palma, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5042. Alvin D. Leon, Petitioner v. United States. 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. 81-5045. Jerold Lee Usher, Petitioner v. New York. Petition for 78 MONDAY OCTOBER 5. 1981 writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Jud. Dept., denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5049. James John Lay, Petitioner v. United States. 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. 81-5051. In Re D. Carroll McGean, Petitioner. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 81-5053. S. Leon Levy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5054. Jack Dempsey Phillips, Petitioner v. Morgan Slaughter,

Clerk, 4th Judicial Circuit Court, 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. 81-5055. Ismael Quinones, Petitioner u. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5057. Robert Lee Worrell, Petitioner v. United States. Peti- tion 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. 81-5059. Ronald Lee Stewart, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5061. Alexander Pascu and Barbara Pascu, Petitioners v. Frank Schieurer. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5063. James Lusane, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5064. Arthur Johnson, Petitioner v. United States Secret Service. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY OCTOBER 5, 1981 79

No. 81-5065. Joseph Dybel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5067. Rabb Ra Chaka, Petitioner v. Gayle Franzen, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5070. John Flores Rodriguez, Petitioner v. United States. Pe- tition 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. 81-5072. Jack Lang, Walter Soots and Ralph Smith, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5074. Gary Joseph Roth, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5077. Thomas Royal Johnson, Petitioner v. United States. 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. 81-5078. Thomas Burnside, Petitioner v. Donald Wyrick, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5083. Thomas Jefferson Wilson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5084. Bobby G. Beazley, Petitioner v. State Bar of Georgia, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5085. Jerry Richard Miller, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. Justice O'Connor took no part in the consideration or decision of this petition. 80 MONDAY OCTOBER 5, 1981

No. 81-5087. Johnny Long Edwards, Petitioner v. Bernice F. Turner. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5088. Nancy S. Bradshaw, Petitioner v. Scripps Clinic and Research Foundation, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5091. Ross Furlow, Petitioner v. United States. 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. 81-5092. Willie Thomas, Petitioner v. Frank Blackburn, War- den. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5093. Anthony N. Wojloh, Petitioner v. Clarence Grant, et al. Petition for writ of certiorari to the Supreme Bench of Baltimore City, Maryland denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5096. Milo Bejarano, Petitioner v. United States. 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. 81-5098. Roderick Raymond Addicks, Petitioner v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, 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. 81-5100. Rodney Daniels, Petitioner v. Marvin Reed, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5102. Drekie Bailey, Petitioner v. United States;

No. 81-5108. Danny Williams, Petitioner v. United States; and

No. 81-5115. Nate Blackwell, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions. MONDAY, OCTOBER 5, 1981 81

No. 81-5103. Zephynia Ferguson, Petitioner v. Robert J. Henderson, Superintendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5106. Hernando Ospina-Cardona, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 81-5109. E'Thelbert Rucker, Petitioners Donald T. Regan, Sec- retary of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 81-5110. Joseph Morales, Petitioner v. New York. Petition for writ of certiorari to the Appellate Term of the Supreme Court of New York, Ninth and Tenth Judicial District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5116. Joseph Marion Chandler, Sr., Petitioner v. Eugene

Clark Cochran, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5119. Samuel J. Jackson and Alvaro L. Hernandez, Petition- ers v. Royal Business Machines, 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. 81-5120. William Nicholas Myers, Petitioner v. United States. 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. 81-5122. Van Dupreece Tate, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5123. Crawley McFadden, Petitioner v. L. Z. Benson, dba L.

Z. Shell No. 2, et al. Petition for writ of certiorari to the Court of Ap- peals of Michigan denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5124. John Doe, Petitioner v. Irving Anker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. 82 MONDAY OCTOBER 5, 1981

No. 81-5126. Rooks E. Crawford, Petitioners Peter J. Fenton, Su- perintendent, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5131. Luana Thiel Jambois, Petitioner v. Morgan City Bank and Trust Company, 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. 81-5133. Ricky Lewis Duncan, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5137. Crawley McFadden, Petitioner v. Travelers Indemnity Company. Petition for writ of certiorari to the Court of Appeals of Michigan denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5141. Oahna B. Serpentfoot, Petitioner v. Anti- Defamation

League of B'nai B'rith, et al. Petition for writ of certiorari to the Su- preme Court of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5142. George Frank Lindner, Petitioner v. Donald W. Wyrick, Warden. 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. 81-5144. Frank DeHart, Petitioner v. The Washington Post Company. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5146. Robert N. Dobbins, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5149. Clovis Carl Green, Jr., Petitioner v. Donald Allen, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5153. Mark Anthony Ralston, Petitioner v. Steven Smith, Su- MONDAY, OCTOBER 5, 1981 83 perintendent, Kentucky State Reformatory, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5154. Charles Scott, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

No. 81-5155. Jane Yates and Constance Ross, Petitioners v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. Jus- tice O'Connor took no part in the consideration or decision of this petition. No. 81-5159. Frederick Robert Aylward, Petitioners. Arizona. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5160. Lavell Flye, Petitioner v. Robert F. Parratt, Warden. 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. 81-5161. Rodney B. Caulton, Petitioner v. Hospital of the Good Samaritan. 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. 81-5162. Donovan Jerome Scott, Petitioners. George H. Collins,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5163. Albert Mercer, Petitioner v. A. Washington, Jr., et al. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5165. Nathaniel Austin, Petitioner v. Robert Henderson, Su- perintendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5167. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Justice O'Connor took no part in the consideration or decision of this petition. 84 MONDAY OCTOBER 5. 1981

No. 81-5168. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5170. Willie Walker, Petitioner v. Robert Graham, Governor of Florida. Petition for writ of certiorari to the Supreme Court of Flor- ida denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5172. Robert Earl Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5173. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5176. Kenneth Brett Quarterman, Petitioner v. Kenneth D.

Quarterman, et al. Petition for writ of certiorari to the Court of Ap- peals of Georgia denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5179. Robert Boris Beachboard, Petitioner v. Columbia Uni- versity. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5180. Dennis Duane Hunt, Petitioner v. United States. Peti- tion 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. 81-5183. Pedro Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5185. D. B., Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5186. Joseph S. Salama, Petitioner v. Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5187. Ralph Francis Alexander, Petitioner v. State Attorney MONDAY, OCTOBER 5, 1981 85 for Baltimore City. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5190. Christopher Eugene Washington, Petitioner v. United States; and

No. 81-5200. Gordon Darrell Watt, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 81-5197. Edward B. Lee, Petitioner v. United States Depart- ment of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5202. Denise Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5206. Wayne A. Johnakin, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5207. George Harold Hobbs, Jr., Petitioner v. Kentucky. Pe- tition for writ of certiorari to the Court of Appeals of Kentucky denied. Justice" O'Connor took no part in the consideration or decision of this petition.

No. 81-5208. Richard L. Robinson, Petitioners. United States. Peti- tion 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. 81-5209. Leo Rubier, Petitioner v. United States. 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. 81-5211. Slater A. Judd, Jr., Petitioner v. United States Marine Corps. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5213. Peter E. Gifford and Ada O. Gifford, Petitioners v. 86 MONDAY OCTOBER 5, 1981

United States. 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. 81-5214. Edward J. Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5216. 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. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5220. Ali Abdulbarr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5232. Lonnie Turner, Jr., and Janis C. Grant, Petitioners v.

Oliver Cowan, Jr., et al. Petition for writ 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 petition.

No. 81-5234. Donald Franklin Stafford. Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5235. Richard Holland, Petitioner v. United States. 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. 81-5236. David Earl Tidwell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5241. David Eugene Pilgrim, Petitioner v. United States. Pe- tition 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. 81-5250. Russell J. Stockman, Petitioner v. United States. Peti- tion 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. MONDAY OCTOBER 5, 1981 87

No. 81-5253. Roosevelt Gamble, Sr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5256. Edythe K. B. Troshinsky, Petitioner v. Gail Rosen, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5259. John Doe, Petitioner v. United States. 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. 81-5261. James Michael Schorn, Petitioner v. Norman A.

Carlson, Director, Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5263. Darryl Lamont Jeter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5267. Richard M. Carr, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5269. Nikola Kavaja, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5273. George Luis Gonzalez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5275. James Melvin Ivy, Sr., Petitioner v. United States; and

No. 81-5282. James Eugene Garlington, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions. 88 MONDAY OCTOBER 5, 1981

No. 81-5285. Rae Edna Delgardo, Petitioner v. United States. Peti- tion 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. 81-5289. Clifford Dixon Noe, Petitioner v. United States. Peti- tion 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. 81-5293. Clovis Carl Green, Jr., Petitioner v. Everett Perrin,

Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5294. Clovis Carl Green, Jr., Petitioner v. Warden, U.S. Pen- itentiary, et al Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5297. Clary L. Bowman, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5299. Paula K. Edwards,* Petitioner v. United States. Peti- tion 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. 81-5301. Miguel Lopez Valencia, Petitioner v. United States. Pe- tition 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. 81-5302. Marvin Leroy White and Amos Jimmy Jennings, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1626. Daniel J. McCarthy, Superintendent, California Men's Colony East, Petitioner v. Theodore Monroe Harper. 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. MONDAY OCTOBER 5, 1981 89

No. 80-1751. Walter Zant, Warden, Petitioner v. Jack Howard Potts. 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. 80-1984. Michigan, Petitioner v. Alfred Artuso. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 80-1646. General Motors Corporation, Petitioner v. Director of the National Institute for Occupational Safety and Health. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Blackmun would grant certiorari.

No. 80-2106. General Atomic Company, Petitioner v. United Nuclear Corporation; and General Atomic Company, Petitioner v. United Nu- clear Corporation. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice Blackmun would grant certiorari.

No. 80-1713. Shutao H. Lin, Administrator of the Goods, Chattels and Credits which were of Shu Ren Lin, et al. , Petitioners v. American

Airlines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Stevens and Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-1838. International Society for Krishna Consciousness, Inc., Petitioner v. City of Evanston. Petition for writ of certiorari to the Ap- pellate Court of Illinois, First District, denied. Justice Brennan and Justice Marshall would grant the petition for writ of certiorari, vacate the judgment and remand the case to the Appellate Court of Illinois, First District, for further consideration in light of Parratt v. Taylor, 451 U.S. (1981).

No. 80-1893. Jay Hilery DeWeese, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan and Justice White would grant certiorari.

No. 80-1994. Nash County Board of Education, Petitioner v.

Biltmore Company, 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. 80-1908. Madalyn Murray O'Hair and Jon G. Murray, Petitioners ;

90 MONDAY OCTOBER 5. 1981

v. William Clements, et al Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan would grant certiorari.

No. 80-1957. William C. Scrimgeour, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan would grant certiorari.

No. 80-2120. Johnny Witt and Sarah B. Bowman, Petitioners v. Cal- vin Harbor, Sheriff of Patrick County, Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. Justice Brennan would grant certiorari.

No. 80-1916. David T. Richards and Richard G. Fifer, Jr., Petition- ers v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. Justice Brennan, Justice White and Justice Marshall would grant certiorari.

No. 80-2089. Jimmy Delton Petty, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan, Justice White and Justice Mar- shall would grant certiorari.

No. 80-1937. Federal Energy Regulatory Commission, Petitioner v.

Public Service Commission of the State of New York, et al.

No. 80-1938. North Carolina Utilities Commission, Petitioner v. Pub- He Service Commission of the State of New York, et al; and

No. 80-1939. North Carolina Natural Gas Corporation, et al., Peti- tioners v. Public Service Commission of the State of New York, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Brennan. Justice White and Justice Blackmun would grant certiorari. Justice Powell took no part in the consideration or decision of these petitions.

No. 80-1980. Gordon S. Mitchell. Petitioner v. Secretary of the Army. The motion of petitioner to defer consideration of the petition for certiorari is denied. Petition for writ 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 this petition.

No. 80-2016. James P. Frackelton, Petitioner v. Gus Swanson, Vir- ginia Swanson and Shia Shapiro, The motion of respondents Gus Swanson and Virginia Swanson for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition. MONDAY OCTOBER 5, 1981 91

No. 80-2059. John D. Randall, Petitioner v. W. W. Reynoldson, et al.; and

No. 80-2060. In the matter of John D. Randall, Petitioner. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of these petitions. No. 80-2143. Transcontinental Gas Pipe Line Corporation, Petitioner v. Federal Energy Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-2066. University of Pittsburgh, Petitioner v. Equal Employ- ment Opportunity Commission. The motion of The American Council on

Education 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 Third Circuit denied.

No. 80-2073. Wilma D. Stewart, Petitioner v. Minnesota Mining and Manufacturing Company: Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. The Chief Justice and Justice Blackmun took no part in the consideration or decision of this petition.

No. 80-2074. Charles W. Worrell, etc., Petitioner v. United States. The application for stay addressed to Justice Blackmun and referred to the Court is denied. The 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 application and petition.

No. 80-2094. John C. Weaver, Jr. and BMA of Oakland, Inc., Peti- tioners v. Brenda Marie Payton. The motion of petitioner for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of California denied. Justice Brennan and Justice Blackmun would grant certiorari.

No. 80-2114. Michael Lochiatto, et al., Petitioners v. Florida. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. Justice Brennan and Justice Marshall would grant the petition for a writ of certiorari and reverse the convictions.

No. 80-2151. New Jersey, Petitioner v. Edward Joseph Ryan. 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 denied. 92 MONDAY OCTOBER 5, 1981

No. 80-2175. Control Data Corporation, 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 District of Columbia Cir- cuit denied. Justice Blackmun and Justice Stevens took no part in the consideration or decision of this petition.

No. 80-2179. Edward Curley, Petitioner v. Johanna H. Curley. The application for stay addressed to the Chief Justice and referred to the Court is denied. The petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division is denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 80-6610. Marvin Edwin 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. 80-6614. Randy Greenawalt, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6671. Shirley Tyler, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6675. Vernon Eugene McManus, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6702. Robert Alton Harris, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 80-6749. Gary X. Nelson, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6786. Robert Strickland, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6839. Nathan Brown, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6844. Buddy Earl Justus, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6864. William Groseclose, Petitioner v. Tennessee; and MONDAY OCTOBER 5, 1981 93

No. 81-5062. Ronald Eugene Rickman, Petitioner v. Tennessee. Pe- titions for writs of certiorari to the Supreme Court of Tennessee, East- ern Division, denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

No. 80-6877. James Messer, Jr., Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6949. Jacob John Dougan, 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. 81-5026. Ronald Douthit, Petitioner v. Walter Zant, Warden, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County denied. Dissent- ing statement by Justice Brennan and Justice Marshall.

No. 81-5046. Mack C. Ruffin, Jr., Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5048. 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. 81-5056. John E. Rust, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5157. Wesley H. Peery, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5158. Timothy Charles Palmes, 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. 80-6810. James J. Pratt, Petitioner v. United States. The motion of petitioner to strike the brief in opposition is granted. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition.

No. 80-6928. Larry Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Marshall would grant certiorari.

No. 81-180. Tommy Reid, Jr., Petitioner v. Georgia. Petition for writ 94 MONDAY OCTOBER 5. 1981 of certiorari to the Court of Appeals of Georgia denied. Justice Marshall would grant certiorari.

No. 81-120, Citibank, N.A., and United Bank of Denver, N.A., as Indenture Trustees, Petitioners v. Phoenix Resources Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White took no part in the consideration or decision of this petition.

No. 81-337. William Archie Williams, Petitioner v. United States. The motion of petitioner to consolidate with 80-2116 is denied. 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 motion and this petition.

No. 81-5013. Ravmond Omernick, Petitioner v. Gerald Carow, et al. The motion of respondents for damages is denied. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition.

No. 81-5014. Raymond Omernick, et al., Petitioners v. Wisconsin, et aL The motion of respondents for damages is denied. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. Justice O'Connor took no pail in the consideration or decision of this motion and this petition.

Habeas Corpus Denied

No. 80-6826. In Re William McKnight. Petitioner;

No. 81-5001. In Re Harry E. Ross, Petitioner; No. 81-5023. In Re Elmer R. Boyd, Petitioner;

No. 81-5151. In Re Clovis Carl Green, Jr., Petitioner;

No. 81-5217. In Re Francis C. Smith. Petitioner;

No. 81-5290. In Re Clovis Carl Green. Jr., Petitioner; No. 81-5322. In Re Gene L. Perry, Petitioner; and No. 81-5323. In Re William E. Conrad, Petitioner. Petitions for writs of habeas corpus denied. Justice O'Connor took no part in the consideration or decision of these petitions.

Mandamus Denied

No. 80-2107. In Re General Atomic Company, Petitioner; No. 80-6641. In Re William Ronald Welch, Petitioner; MONDAY OCTOBER 5, 1981 95

No. 80-6720. In Re John Ross, Petitioner; No. 80-6783. In Re Ruchell Cinque Magee, Petitioner; No. 80-6850. In Re Lloyd A. Simon, Petitioner- No. 81-45. In Re Geraldine G. Cannon, Petitioner;

No. 81-5073. In Re David S. Poe, Petitioner; No. 81-5095. In Re Nathaniel Sims, Petitioner; No. 81-5099. In Re James Edward Dove, Petitioner; No. 81-5139. In Re Joe Widemon, Petitioner;

No. 81-5147. In Re Clovis Carl Green, Jr., Petitioner;

No. 81-5148. In Re Clovis Carl Green, Jr., Petitioner;

No. 81-5291. In Re Clovis Carl Green, Jr., Petitioner; and

No. 81-5292. In Re Clovis Carl Green, Jr., Petitioner. Petitions for writs of mandamus denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-6700. In Re Carl Edwin Wiggins, Petitioner; and

No. 81-5135. In Re Salvatore Faraci, Petitioner. Petitions for writs of mandamus and/or prohibition denied. Justice O'Connor took no part in the consideration or decision of these petitions.

Prohibition Denied

No. 80-6905. In Re Jirik Parez, Petitioner. Petition for writ of prohibition denied. Justice O'Connor took no part in the consideration or decision of this petition.

Rehearing Denied

No. D-175. In the Matter of Disbarment of Sidney Feldshuh. Petition for rehearing denied.

Assignment Order An order of the Chief Justice designating and assigning Justice Stewart (Retired) to perform judicial duties in the United States Court of

Appeals for the Sixth Circuit beginning February 8, 1982, and end- ing February 12, 1982, 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. 96 MONDAY OCTOBER 5, 1981 Order

It is ordered that the following allotment be made of the ChiefJustice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42 and that such allotment

be entered of record, effective nunc pro tunc October 1, 1981, viz: For the District of Columbia Circuit, Warren E. Burger, Chief Justice, For the First Circuit, William J. Brennan, Jr., Associate Justice, For the Second Circuit, Thurgood Marshall, Associate Justice, For the Third Circuit, William J. Brennan, Jr., Associate Justice, For the Fourth Circuit, Warren E. Burger, Chief Justice, For the Fifth Circuit, Byron R. White, Associate Justice, For the Sixth Circuit, Sandra Day O'Connor, Associate Justice, For the Seventh Circuit, John Paul Stevens, Associate Justice, For the Eighth Circuit, Harry A. Blackmun, Associate Justice, For the Ninth Circuit, William H. Rehnquist, Associate Justice, For the Tenth Circuit, Byron R. White, Associate Justice, For the Eleventh Circuit, Lewis F. Powell, Jr., Associate Justice. Admissions to the Bar on Written Motions

Applicant uicy ana otace Movant

Charles Becker New York, NY Paul Louis Bressan Richard 0. Becker Chicago, IL Lee Norman Abrams Robert John Beggs New Kensington, Wayne Reinhard PA Iskra Robert E. Bethea Honolulu, HI Burnham Horace Greeley Albert Henry Birchwale Ridgefield, NJ Joseph R. Mariniello Terry B. Blair Columbia, MD George P. Barker William L. Bondurant Arlington, TX Chester G. Ball Jr. Michael A. Brush Santa Monica, CA Leonard Horwin William Louis Cameron Kennewick, WA Curtis Ludwig David Wade Caruthers Baltimore, MD Calhoun Bond George Whitney Coleman Los Angeles, CA James Harry Patton Jr. Carmine J. Colucci Las Vegas, NV Phillip S. Aurbach John B. Daniel Jr. Temple, TX Jim DeWitt Bowmer Phillip L. Deaver Honolulu, HI Burnham Horace Greeley (JOURNAL) MONDAY OCTOBER 5,1981 97

Applicant City and State Movant

Paul J. DeMuniz Salem, OR Robert Clyde Cannon Harry Dreier Plainfield, NJ Gerald A. Flanzbaum W. Wayne Drinkwater Jr. Greenville, MS C.S. Tindall Jr. Ford F. Farabow Jr. Washington, DC Douglas B. Henderson Jeffrey Bruce Fawell Oak Brook, IL John F. Donahue Harold Feldman Los Angeles, CA Bruce P. Wolfe Stephen Roger Fitzer Columbia, SC Costa Michael Pleicones Bernard Kenneth Freamon Newark, NJ Morton Stavis Jerome M. Garchik San Francisco, CA Arthur Brunwasser Lawrence G. Goodman Hackensack, NJ Edward Neilan Fitzpatrick Ronald M. Gould Seattle, WA John David Dillow Ronald S. Hallman Chesapeake, VA Thomas Stewart Shadrick John Michael Halpern Jr. Eugene, OR Charles C. Porter Jerry Michael Hiatt Honolulu, HI Burnham Horace Greeley Gordon Howard Hirsch Toledo, OH Frank D. Jacobs Douglas Alan Holloway San Francisco, CA Jonathan M. Rutledge Rudy John Huizenga Detroit, MI James A. Brescoll Thomas P. Humphrey Washington, DC Jeffrey H. Howard Pedro Luis Irigonegaray Topeka, KS E. Newton Vickers Charles William Jirauch Phoeniz, AZ Dan M. Durrant Forrest A. Johnson Natchez, MS Frank W. Walden William Henry Johnson Cherry Hill, NJ John Austin Daily Jasper Paul Juliano Birmingham, AL James L. North Andrew E. Katz Los Angeles, CA Ernest Leff Robert James Katz New York, NY John L. Warden James Crenshaw Kelley Miami, FL George V. Lanza Robert Bartus Kimball Los Angeles, CA Bernard E. LeSage 98 MONDAY OCTOBER 5.1981

Applicant City and State Movant

Gary Vance Klinefelter Phoenix, AZ John A. Lorentz Dan T. Kochi Honolulu, HI Bumham Horace Greeley James Francois Leggett Tacoma, WA Harry L Moatz Carl M, Mathison Jr. West Palm Beach, Jon Cameron FL Moyle Philip V. Mattes III Stroudsburg, PA Roger Mattes Dennis Michael McBride Wilmington, DE Courtney H. Cummings Jr. Stephen J. McDonald Hollywood, FL Perry Walton Hodges Jr. Fred Huggett Montgomery Chicago, IL Donald Bruce Mackay Ernest A. Nagata Washington, DC Benjamin S. Sharp Howard William Newman New York, NY George J. Balbach Pat G. Nicolette Fairfax, VA Frederic Todd Spindel Charles Andrew O'Brien Baton Rouge, LA Arthur H. III Andrews Daniel Joseph O'Connor Arlington, VA Mark Moses Newman Alan M. Oshima Honolulu, HI Burnham Horace Greeley Arden E. Page Anchorage, AK C. Everett Shults Janis Anne Parazzelli Elmont, NY Andrew J. Simons Rodney R. Patula Denver. CO Ernest W. Lohf Joe Donald Pegram Oxford, MS Barrett J. Clisby Bobby James Phillips Carthage, TX Joseph Earl Jackson Russell D. Pulver New Orleans, LA Charles E. Lugenouhl Michael Mahlon Quealy Salt Lake City, Richard L. UT Dewsnup Maria Carmen Ramirez Ventura, CA Stephen Payne Wiman Leonard F. Rappa Linden, NJ James D. Martin Jr, David B. Ratterman Louisville, KY Fred M. Goldberg MONDAY OCTOBER 5.1981 99

Applicant City and State Movant

Richard H. Right Denver, CO Jonathan L. Olom Richel Rivers Austin, TX William B. Hilgers George C. Rogers Columbus, OH Andrew M. Fishman Robert William Routh St. Marys, GA Gerald Lee Burrows Pamela A. Sargent Richmond, VA Perkins Wilson Terry Warren Schackmann Kansas City, MO Jerome T. Wolf George A. Scharmen II San Antonio, TX Gerald Harris Goldstein James Arlin Schulman Los Angeles, CA Scott M. McCune Robert Eugene Scofield Tacoma, WA Frederick 0. Frohmader Edwin Denzil Scott New York, NY Paul G. Pennoyer Jr. David P. Seikel Houston, TX Kenneth M. Moms Paul J. Senesky Philadelphia, PA Joseph Lurie Tony R. Skogen Los Angeles, CA Bernard E. LeSage Douglas D. Smiljanic Menomonee Falls, Edward Thomas WI Schilling Michael Lebby Smith Cleveland, OH Michael Chaim Hennenberg Richard Louis Spinogatti New York, NY Bruce A. Hecker Max D. Stern Boston, MA Jonathan Shapiro Bradford L. Stevens St. Louis, MO Milton Paul Goldfarb Jenne Frances Fineman San Francisco, CA Bruce A. Nelson Stott Gerald Aquinas Sumida Honolulu, HI Burnham Horace Greeley Donald Jay Tribbett Chicago, IL Robert Lee Landess Frank Preston Tuplin Pittsburgh, PA William Arthur Webb Thomas J. Van Heest Milwaukee, WI Richard S. Wood Susan P. Walker Honolulu, HI Burnham Horace Greeley 100. MONDAY OCTpBER 5,1981

Applicant City and State Movant

William G. Walker Tucson, AZ Robert J. Hirsh John D. WhiteNack Chicago, IL Lloyd B. Foster H. Bixler Whiting Fairbanks, AK William V. Boggess George R. D. Williams New York, NY Edward Leo Farrell Jr. Tami Sonder Wilson Fresno, CA Edward Patrick Moffat II Robert Aaron Wittie Washington, DC George Louis Christopher John F. Wood Jr. Huntington, WV William C. Beatty Gerald M.L Woods New Orleans, LA Judge Albert Tate Jr. Gary Charles Wunderlin Pomona, CA Everdette Burdette Boileau

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Deborah Kaye West Owen Columbia, MD Robert McClory Lynette Diehl Lang Washington, DC J. Edward Day Zoe Eliot Baird San Francisco, CA William T. Coleman, Jr. Kim Arthur Zeitlin Washington, DC David Busby Robert B. Shanks Washington, DC Irwin Goldbloom William Arthur Nyberg Chicago, IL Mary Gardiner Jones George I. Spatcher, Jr. Attleboro, MA Alexander John Pires, Jr. William Edward Findler Arlington, VA Lawrence G. Wallace John Warwick Montgomery Strasbourg, Lawrence G. France Wallace Laura Alyx Kaster Chicago, IL Jerold S. Solovy Nancy Prendergast Pichard New York, NY Stacey L. Wallach David E. Springer Chicago, IL James Ho Wallace, Jr. (JOURNAL) MONDAY OCTOBER 5, 1981 101

Oral Argument

No. 80-1464. James G. Watt, Secretary of the Interior, et al., Peti- tioners v. Energy Action Educational Foundation, et al. Argued by Mr. Louis F. Claiborne for the petitioners and by Mr. John Silard for the respondents.

No. 80-2049. George A. Ralston, Warden, Petitioner v. John Carroll Robinson. Argued by Mr. David A. Strauss for the petitioner, pro hac vice, by special leave of Court, and by Mr. Jerold S. Solovy for the respondent.

No. 80-427. Fair Assessment in Real Estate Association, Inc., et al.

Petitioners v. Gene McNary, et al. Argued by Mr. David J. Newburger for the petitioners and by Mr. Thomas W. Wehrle for the respondents.

Adjourned until tomorrow at 10:00 o'clock.

(JOURNAL) TUESDAY, OCTOBER 6. 1981 103 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

Leland Edward Beck Washington, DC Archibald Cox Terry Michael Jones Crestview, FL James Phillip Chandler John J. Buthod Evansville, IN James M. Buthod Dennis B. Longest Evansville, IN James M. Buthod Richard B. Steedman Evansville, IN James M. Buthod

Oral Arguments

No. 80-518. U.S. Industries/Federal Sheet Metal, Inc., et al., Peti- tioners v. Director, Office of Workers' Compensation Programs, United

States Department of Labor, et al. Argued by Mr. Richard W. Galiher, Jr. for the petitioners and by Mr. James F. Green for the respondents.

No. 80-689. Gary E. Widmar, et al., Petitioners v. Clark Vincent, et al. Argued by Mr. Ted D. Ayres for the petitioners and by Mr. James M. Smart, Jr. for the respondents.

No. 80-939. Federal Election Commission, Petitioner v. Democratic

Senatorial Campaign Committee, et al.; and

No. 80-1129. National Republican Senatorial Committee, Petitioner v. Democratic Senatorial Campaign Committee. Argued by Mr. Charles Nevett Steele for the Federal Election Commission, by Mr. Jan W. Baran for the National Republican Senatorial Committee and by Mr. Robert F. Bauer for the respondents.

No. 80-965. Texaco, Inc., et al., Appellants v. Louise F. Short, et al.; and No. 80-1018. Eden H. Pond, Edna H. Bobe and Consolidation Coal .

104 TUESDAY, OCTOBER 6, 1981

Company, Appellants v. Ulysses G. Walden, Jr., et al. Argued by Mr. John L. Carroll for the appellants and by Mr. Verner P. Partenheimer for the appellees

Adjourned until Wednesday, October 7, 1981 at 10 o'clock. x (JOURNAL) WEDNESDAY, OCTOBER 7, 1981 105 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 Motions

Applicant City and State Movant

Ann Marie Plubell Washington, DC John Montague Steadman Charles Evan Stewart New York, NY Charles T. Stewart

Oral Argument

No. 80-1146. Ronald M. Zobel and Patricia L. Zobel, Appellants v. Thomas Williams, Commissioner of Revenue, and Alaska. Argued by Mr. Mark A. Sandberg for the appellants and by Mr. Avrum M. Gross for the appellees.

No. 80-847. Common Cause, et al., Appellants v. Harrison Schmitt, et al.; and

No. 80-1067. Federal Election Commission, Appellant v. Americans for Change, et al. One and one half hours allowed for oral argument. Argued by Mr. Charles Nevett Steele for the Federal Election Com- mission, by Mr. Archibald Cox for Common Cause, et al., and by Mr. Jan W. Baran for the appellees in both cases. No. 80-1070. Donna Ridgway and Prudential Insurance Company of

America, Petitioners v. Hayley D. Ridgway, et al. One hour and and twenty minutes allowed for oral argument. Argued by Mr. Stephen P.

Beale for the petitioners, by Mr. Joshua I. Schwartz for the United States as amicus curiae by special leave of Court, and by Mr. Curtis Webber for the respondents.

Adjourned until Tuesday, October 13, 1981 at 10 o'clock. x

(JOURNAL) TUESDAY, OCTOBER 13, 1981 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.

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. 80-1958. Louisiana Dairy Stabilization Board, Appellant v. Dairy Fresh Corporation and Dairy Fresh Ice Cream Corporation. Appeal from the United States Court of Appeals for the Fifth Circuit. The judgment is affirmed. The Chief Justice and Justice Rehnquist would note probable jurisdiction and set the case for oral argument.

No. 81-207. New River Company, Appellant v. David W. Robinson, etc. Appeal from the Supreme Court of Appeals of West Virginia. The appeal is dismissed for want of a substantial federal question.

No. 81-240. Willard A. Morris, etc., et al., Appellants v. Thomas P.

Mathers, et al. Appeal from the United States Court of Appeals for the Fourth Circuit. The appeal is dismissed for want of a substantial federal question.

No. 81-292. Dora Lillian Russum, Appellant v. Estate of John R. Russum, Sr. Appeal from the Supreme Court of Mississippi. The appeal is dismissed for want of a substantial federal question.

No. 81-364. Merle E. Holmes, et al., Appellants v. City of Los Ange- les. Appeal from the Court of Appeal of California, Second Appellate

District. The appeal is dismissed for want of a substantial federal question.

No. 81-229. Frito-Lay, Inc., Appellant v. Wisconsin Labor and In- dustry Review Commission and James R. Lyons. Appeal from the Su- preme Court of Wisconsin. 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. 81-5257. James Charles Scott, Appellant v. Virginia. Appeal from the Supreme Court of Virginia. 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. 108 TUESDAY, OCTOBER 13, 1981

Certiorari -- Summary Disposition

No. 81-247 c Alabama, Petitioner v. Wayne Eugene Ritter. On petition for writ of certiorari to the Supreme Court of Alabama. 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 Supreme Court of Alabama for further consideration in light of Reed v. State, So.2d (Ala. 1981).

Orders in Pending Cases

No. Richard Weiss, et al., Applicant v. Marshall Field & Com- pany, et al. The application to direct the Clerk to file petitioners' application for an extension of time presented to Justice Stevens and by him referred to the Court is denied. Justice Stevens took no part in the consideration or decision of this application.

No. A~210«. Michigan, Applicant v. Leslie Rucinski. The application for stay of state court proceedings addressed to Justice Rehnquist and referred to the Court is denied. Justice Rehnquist and Justice O'Con- nor would grant this application.

No. A-226. H. Byron Gaar, Jr. and Monette Gaar, Applicants v. Commissioner of Internal Revenue. The application for stay addressed to Justice Brennan and referred to the Court is denied.

No. A-250. Cleveland Electric Illuminating Co., Applicant v. Office of Consumers' Counsel Senior Citizens Coalition, et al. The application for stay of execution and enforcement of the judgment of the Supreme Court of Ohio presented to Justice White and by him referred to the Court is denied.

No. A- 266. Marian W. Zacharski, Applicant v. United States. The application for pre-trial release addressed to Justice Brennan and referred to the Court is denied.

No. D-237c In the Matter of Disbarment of John D. Connaghan. Dis- barment entered.

No. 90 Original. California, Plaintiff v. States of Texas, Florida, Ala- bama and South Carolina. The application for a temporary restraining order; the motion for a preliminary injunction; the motion to add the State of Georgia as a party defendant; and the motion for leave to file a bill of complaint, and the supplements thereto, are all denied without prejudice.

No. 78-1545. Anne B. Zipes, et al, Petitioners v. Trans World Air- lines, Inc.; and TUESDAY, OCTOBER 13, 1981 109

No. 80-951. Independent Federation of Flight Attendants, Petitioner v. Trans World Airlines, Inc., et al. The motions for divided argument are granted and each of the three parties is allotted twenty minutes for oral argument. Justice Stevens took no part in the consideration or decision of these motions.

No. 79-1738. Richard Nixon, Petitioner v. A. Ernest Fitzgerald; and

No. 80-945. Bryce N. Harlow and Alexander P. Butterfield, Petition- ers v. A. Ernest Fitzgerald. The motion of petitioners for divided argument and for additional time for oral argument is granted and ten additional minutes are allotted for that purpose. The respondent is also allotted an additional ten minutes for oral argument. The motion of

Mountain States Legal Foundation for leave to file a brief as amicus curiae is granted.

No. 80-11. J. Gregory Merrion and Robert L. Bayless, etc., et al., Petitioners v. Jicarilla Apache Tribe, et al.; and

No. 80-15. Amoco Production Company and Marathon Oil Company,

Petitioners v. Jicarilla Apache Tribe, et al. The motion of petitioners and respondents for additional time for oral argument is denied.

No. 80-203. Merrill Lynch, Pierce, Fenner & Smith, Inc., Petitioner v. J.J. Curran and Jacquelyn L. Curran. The motion of Samuel

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

No. 80-644. G. D. Searle & Company, Petitioner v. Susan Cohn and Walter Cohn. The motion of Association of Trial Lawyers of America for leave to file a brief as amicus curiae is granted. The motion of Asso- ciation of Trial Lawyers of America for leave to participate in oral argument as amicus curiae is denied.

No. 80-986. North Haven Board of Education, et al., Petitioners v.

Terrel H. Bell, Secretary, Department of Education, et al. The motion of Birch Bayh, et al. for leave to file a brief as amici curiae is granted. The motion of the Solicitor General for divided argument is granted. The motion of petitioners for divided argument is granted.

No. 80-1188. James Edgar, Appellant v. Mite Corporation and Mite Holdings, Inc. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for additional time for oral argument is granted and fifteen additional minutes are allotted for that purpose. The motion of appellant for divided argument to permit New York to participate in oral argument as amicus curiae is granted and fifteen additional minutes are allotted for that purpose. The motion of North American Securities Administrators Association, Inc. for leave to file a brief as amicus curiae is granted. 110 TUESDAY, OCTOBER 13, 1981

No. 80-1199. American Tobacco Company, et al, Petitioners v. John Patterson, et al. The motion of the Solicitor General for divided argument is granted.

No. 80-1208. New England Power Company, Appellant v. New Hampshire, et al.;

No. 80-1471. Massachusetts, et al., Appellants v. New Hampshire, et al.; and

No. 80-1610. Dennis J. Roberts, II, Attorney General of the State of Rhode Island, et al., Appellants v. New Hampshire, et al. The motion of the New Hampshire Legislative Utility Consumer's Council to withdraw as a party appellee in case Nos. 80-1208, 80-1471 and 80-1610 is granted. The motion of the New Hampshire Public Utilities Commis- sion and the State of New Hampshire to dismiss the New Hampshire Public Utilities Commission as a party appellee in case Nos. 80-1208 and 80-1610 is granted. The motion of the Commonwealth of Massachu- setts for substitution of the New Hampshire Public Utilities Commis- sion as a party appellee in case No. 80-1471 is denied. It is ordered that the State of New Hampshire be added as a party appellee in case No. 80-1471.

No. 80-1251. United States, Petitioner v. Vogel Fertilizer Company. The motion of Delta Metalforming Company, Inc. for leave to file a brief as amicus curiae is denied.

No. 80-1257. Donald Schriver, Inc., et al., Petitioners v. National

Labor Relation Board, et al. The motion of Center on National Labor

Policy for leave to file a brief as amicus curiae in support of petition for rehearing is denied.

No. 80-1345. Kaiser Steel Corporation, Petitioner v. Julius Mullins, 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. 80-6045. Rubin Kremer, Petitioner v. Chemical Construction Corporation. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 80-1348. Florida Department of State, Petitioner v. Treasure Salvors, Inc., etc. The motion of Sydney H. McKenzie, III, Esquire, to permit Susan E. Gamble, Esquire, to present oral argument pro hac vice is granted.

No. 80-1350, Community Communications Company, Inc. , Petitioner v. City of Boulder, Colorado, et al. The motion of Hybud Equipment

Corp., et al. for leave to file a brief as amici curiae, out of time is denied. Justice White took no part in the consideration or decision of this motion. TUESDAY, OCTOBER 13, 1981 111

No. 80-1429. Duane Youngberg, etc., et al., Petitioners v. Nicholas Romeo, an Incompetent by his Mother and Next Friend, Paula Romeo.

The motion of Mental Health Advocacy Services, et al. for leave to file a brief as amici curiae is granted.

No. 80-1538. James Plyler, Superintendent of the Tyler Independent School District and its Board of Trustees, et al., Appellants v. J. and R. Doe, etc., et al.; and

No. 80-1934. Texas, et al., Appellants v. Certain Named and Un- named Undocumented Alien Children, et al. The motion of appellees for divided argument is granted. The motion of appellees for additional time for oral argument is denied.

No. 80-1556. Kenneth Cory, Controller of the State of California, et al., Petitioners v. Mark White, Attorney General of the State of Texas, et al. The motion of respondent William R. Lummis, Administrator, etc. for divided argument is granted.

No. 80-1749. Federal Energy Regulatory Commission, et al., Appel- lants v. Mississippi, et al. The motion of appellees for divided argument and for additional time for oral argument is denied.

No. 80-1925. United Transportation Union, Petitioner v. Long Island

Railroad Company, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted and fifteen additional minutes are allotted for that purpose. The respondents are also allotted fifteen additional minutes for oral argument.

No. 81-363. James H. Karr, Petitioner v. Joanne D. Karr. The Solici- tor General is invited to file a brief in this case expressing the views of the United States.

No. 81-5501. Robert Breest, et al., Petitioners v. Everett I. Perrin,

Jr. , Warden. The motion of petitioners to expedite consideration of the petition for certiorari is denied.

Appeals - Jurisdiction Noted

No. 81-212. Richard S. Schweiker, Secretary of Health and Human

Services, Appellant v. William McClure, et al. Appeal from the United States District Court for the Northern District of California. In this case probable jurisdiction is noted.

No. 81-9. Washington, et al., Appellants v. Seattle School District

No. 1, et al. Appeal from the United States Court of Appeals for the Ninth Circuit. In this case probable jurisdiction is noted. The case is set for oral argument in tandem with No. 81-38, Crawford v. Board of Education of the City of Los Angeles. 112 TUESDAY, OCTOBER 13, 1981

No. 81-213. Richard S. Schweiker, Secretary of Health and Human Services, Appellant v. George Hogan, et aL Appeal from the United States District Court for the District of Massachusetts. The motion of appellees George Hogan, et al. for leave to proceed in forma pauperis is granted. In this case probable jurisdiction is noted.

Certiorari Granted

No. 80-1991. Oregon, Petitioner v. Bruce Alan Kennedy. Petition for writ of certiorari to the Court of Appeals of Oregon granted.

No. 80-2102. Sheila Rendell-Baker, et al., Petitioners v. Sandra

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

No. 80-2043. Board of Education, Island Trees Union Free School District No. 26, et al., Petitioners v. Steven A. Pico, by his next friend,

Frances Pico, et al. The motion of National Association of Secondary

School Principals for leave to file a brief as amicus curiae is granted.

The motion of Charles H. Keating, Jr., 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 granted.

No. 80-2182. Inwood Laboratories, Inc., et aL, Petitioners v. Ives Laboratories, Inc.; and

No. 81-11. Darby Drug Co., Inc., et al., Petitioners v. Ives Labora- tories, Inc. The motion of The American Association of Retired Per- sons, et al. for leave to file a brief as amici curiae in No. 80-2182 is granted. The motion of National Association of Pharmaceutical Manu- facturers' Inc. for leave to file a brief as amicus curiae in No. 80-2182 is granted. The petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 80-2209. United States, Petitioner v. Albert Ross, Jr. 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 District of Columbia Circuit granted. The parties are directed to address the question whether the Court should reconsider Robbins v. California, 453 U.S. (1981).

No. 81-1. Goldsboro Christian Schools, Inc., Petitioner v. United States; and

No. 81-3. Bob Jones University, Petitioner v. United States. Peti- TUESDAY, OCTOBER 13, 1981 113 tions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 81-38. Mary Ellen Crawford, a minor, etc., et al., Petitioners v. Board of Education of the City of Los Angeles. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, granted. The case is set for oral argument in tandem with No. 81-9, Washington v. Seattle School District No. 1.

Certiorari Denied

No. 80-1695. Air Line Pilots Association, International, Petitioner v.

J. E. Pelaez Del Casal, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-2046. New Orleans Public Service, Inc., Petitioner v. United States; and

No. 80-2057. Mississippi Power & Light Company, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-2099. Thomas D. Davis, Petitioner v. Bryant Mueller, Sheriff of Rolette County, North Dakota. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 80-2122. Illinois Central Gulf Railroad Company, Petitioner v.

City of Cherokee, et al.; and

No. 81-350. Interstate Commerce Commission, Petitioner v. City of

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

No. 80-2193. Carl F. Page, Petitioner v. William J. Bolger, Postmas- ter General. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 80-2213. West Gulf Maritime Association, Petitioner v. Federal

Maritime Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 80-2222. Fedders Corporation, et al., Petitioners v. Chrysler

Corporation, et al.; and

No. 81-218. Chrysler Corporation, Petitioner v. Fedders Corpora- tion, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 114 TUESDAY. OCTOBER 13. 1981

No. 80-6764. Freeman Hall and Louis Walker, Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 80-6859. Melvin Gale, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-4. Praman Chiravachardhikul, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-32. Mosher Steel Company, Petitioner v. Raymond J. Dono-

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

No. 8 1-33 . David M. Wollman, Petitioner v. Jake Gross, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-39. Raymonde Shamsee, Petitioner v. United Nations Joint

Staff Pension Fund, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-48. Jack Keeler, et al., Petitioners v. Daniel W. Joy, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-64. Leonard H. Tose, et al., Petitioners v. First Pennsylvania

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

No. 81-83. Anthony M. Salone, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-92. Louise Spencer and Miriam Spencer, Petitioners i\ Rigby, Thatcher & Andrus, P.A. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 81-93. Ziad Abu Eain, Petitioner v. Peter Wilkes, United States Marshal for the Northern District of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-98. Howard R. L. Cook and George E. Perry, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-109. Ramon Castro, et ux.. Petitioners v. Saudi Arabia. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. TUESDAY, OCTOBER 13, 1981 115

No. 81-110. George E. Topping, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-128. Lyon & Ryan Ford, 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. 81-139. Narva Harris Construction Corp., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-143. Sturm, Ruger & Co., Inc., Petitioner v. MichaelJames Day. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 81-164. City of Painesville, Ohio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-193. Walter Mund, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 81-195. J. Edward Jones, Petitioner v. Evelyn S. Jones. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-203. Teodoro Ariza-Ibarra and Alvaro Rodriguez, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-210. Ohio, Petitioner v. Peterson, Lowry, Rail, Barber & Ross, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-220. William E. Kingsbury, Petitioner v. Guam. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-227. Ruth Halprin, et al, Petitioners v. New York City Con- ciliation and Appeals Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-230. Hugh Milton Robinson, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-232. Thomas P. Mathers, et al, Petitioners v. Willard A.

Morris, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 116 TUESDAY, OCTOBER 13, 1981

No. 81-243. Ronald R. Silverton, Petitioner v. Donald T. Regan, Sec- retary, Department of the Treasury of the United States, et aL Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-246. Eugene B. Kania, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-248. Ways & Means, Inc., et aL, Petitioners v. IVAC Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-251. Nick F. Ciaccio, Petitioner v. City of Denison. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-252. Merrill, Lynch, Pierce, Fenner & Smith, Inc., Petitioner v. Carl R. Duncan, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-258. Curtis Milstead, Petitioner v. International Brotherhood of Teamsters, Local Union 957, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-259. State Tax Commission of Mississippi, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-262. David R. Williams, dba Industrial Communications, Pe- titioner v. Public Service Commission of Wyoming, et al. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 81-263. Keith Kuhlman, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied.

No. 81-269. Frank P. Murphy, etc., Petitioners. Harleysville Mutual Insurance Company, etc. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

No. 81-270. Allen Mansfield, Petitioner v. Securities Investor Pro- tection Corporation, Edwin M. Lamb, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-275. Refined Metals Corp., Petitioner v. Luther C. UnderhilL Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-277. Susan Mazurek, Petitioner v. Frederick W. Miller, At- TUESDAY, OCTOBER 13, 1981 117 torney-Chairman, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV denied.

No. 81-278. Pacific Power & Light Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 81-281. John D. Long, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-282. Beverly Lawrence, Petitioner v. Credithrift of America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-283. Wallace E. Burkee, Petitioner v. Robert L. Busche. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-284. Edward D. Campbell, Petitioner v. Washington, et al. Petition for writ of certiorari to the Court of Appeals of Washington,

Division 1, denied.

No. 81-285. John D. Williamson, et al., Petitioners v. Gordon G. Tucker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-288. James C. Wright, et al., Petitioners v. Mildred Rhoades, etc. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 81-294. John Nazar Nazarian, Petitioner v. Mary Ann Nazarian. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied.

No. 81-295. Members of the Bridgeport Housing Authority Police

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

No. 81-297. Shreve Equipment, Inc., Petitioner v. Clay Equipment Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-299. Federal Election Commission, Petitioner v. Machinists Non-Partisan Political League; and Federal Election Commission, Peti- tioner v. Citizens for Democratic Alternatives in 1980. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-303. Stephen E. McNamara, Petitioner v. Beatrice M. 118 TUESDAY, OCTOBER 13, 1981

Quiroz. Petition for writ of certiorari to the Supreme Court of Minne- sota denied.

No. 81-306. Michael D. Jacobson and David Van Bodegraven, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-308. Hotel and Restaurant Employees and Bartenders Inter- national Pension Fund, et al., Petitioners v. Leon Rosen. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-316. Heritage Homes of Attleboro, Inc., Petitioner v. Seekonk Water District. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-357. Joe Lacey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied.

No. 81-379. Robert Wyler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5019. Gary Donald Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5030. Leonard Joseph Lamagna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5036. Richard Rogers, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-5052. Darrel Leon Burkhead, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5058. Nicholas Danny Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5066. Zella Kimmes, Petitioner v. Richard Schweiker, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 81-5069. In Re Vladimir Zatko, Petitioner, Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. TUESDAY, OCTOBER 13, 1981 119

No. 81-5094. Ray Gene Stout, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5111. Mark Christopher Schmader, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-5127. John Fearance, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5184. Tony Richard Casanova, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5191. J. T. Oates, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-5193. Wilson Calloway, Petitioner v. P. J. Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5194. Kareem Dawud Farrakhan, Petitioner v. Xerox Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5196. James Lee Morrow, Petitioner v. Donald W. Wyrick,

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

No. 81-5198. Dennis R. Parkhurst and Derrick R. Parkhurst, Peti- tioners v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 81-5199. Robert E. Neal, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 81-5203. Eugene Washington, 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. 81-5210. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5212. William A. Clumm, Petitioner v. Arnold Jago, Superin- tendent, London Correctional Institution. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-5219. Michael Swain, Petitioner v. Louie L. Wainwright, Sec- 120 TUESDAY. OCTOBER 13. 1981 retary, Florida Department of Offender Rehabilitation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5221. Norman Owens and Linda Fay Owens, Petitioners v. Thomas Murphree and Margaret Murphree. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 81-5223. William Vaughn, Petitioner v, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-5224. Lamar Walker, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-5225. Herbert Lawson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-5226. James Pascarella, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 81-5227. 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. 81-5229. James A. Epps, Petitioner v. Continental Can Com- pany. Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5230. Patrick Stuart, Petitioner v. W. J. Estelle, 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. 81-5231. Simon Peter Nelson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 81-5233. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5237. Victor H. Linkletter, Petitioner v. Frank Blackburn, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5238. Carl J, Johnson, Petitioner v. Kansas, Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5239. Louis Zapata, Petitioner v. Raenelle Humbles Zapata, Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. TUESDAY, OCTOBER 13, 1981 121

No. 81-5242. Randy Jeff Quattlebaum, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 81-5244. Jack Simpson, Petitioner v. Ted Engle, Superinten- dent, Chillicothe Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5245. Robert Charles Foster, 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. 81-5246. Robert E. Lipscomb, Petitioner v. American Express Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5247. Calvin Peterson, Petitioner v. Walter Fogg, Superin- tendent, Eastern New York Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5248. Arthur L. Seymore, Petitioner v. Reader's Digest Association, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5249. Arnold Maxwell Harris, Petitioner v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5252. Eli Yecheskel, Petitioner v. Howard University. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-5255. Willie Smith, Petitioner v. Virginia S. Devitt and Frances Bennett. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5258. Frances Swinick, Petitioner v. John Horn, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5260. Betty Minyard Stein, Petitioner v. City of University

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

No. 81-5262. Julius James Nash, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II denied.

No. 81-5264. Willie Stamps, Petitioner v. Missouri Department of 122 TUESDAY, OCTOBER 13, 1981

Corrections, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-5265. Armelia Henderson, Petitioner v. Rockwell Interna- tional, Inc, Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5268. Phillip Reddin, Petitioner v. Theodore Meekma, Dodge County Sheriff. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 81-5270. Willie Lee Smith, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-5272. Aaron Stone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5276. Alvin Lee Brooks, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-5281. James Ragulen, Petitioner v. City of Cleveland, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-5283. Timothy Bozeman, Petitioner v. Ronald 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. 81-5286. Enoch Dickinson, Jr., Petitioner v. Royal Untreiner,

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

No. 81-5300. Keith Mason, Petitioner v. Walter Redman, Superin- tendent, Delaware Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5304. Robert E. Mills and Richard Raymond Pierce, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5306. Richard L. Helzer, Petitioner v. Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5307. Albert Hayes, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate Dis- trict, denied. TUESDAY, OCTOBER 13, 1981 123

No. 81-5308. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5311. James Lewis Gibbs, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5316. Floyd R. Bell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5318. D. L. Parrish, Petitioner v. City of Virginia Beach and Crown Development Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5327. Daisy Gregory, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5328. Peter R. Johl, Petitioner v. Actors' Equity Association, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-5337. Michael Watson, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5345. Linroy Bottoson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5346. Paul Braxton Owens, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5348. Carolyn A. Brewer, Petitioner v. Merit Systems Pro- tection Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-5352. Flavio Duarte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5360. Dusan I. Dzambazovic, Petitioner v. Michael P. Lane, Director, Illinois Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5362. William Eldridge Caldwell, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. 124 TUESDAY, OCTOBER 13, 1981

No. 81-5367. Eugene P. Patterson, 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. 81-5371. James Arthur Kriz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5373. Juan Molina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5385. Robert Selvaggi and Larry Kennedy, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5395. Santos Flores-Elias, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5398. Freddie Pitts, Jr., Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 80-1831. Board of Education of the North Little Rock, Arkansas

School District, et al., Petitioners v. Robert J. Davis and Lorene Joshua. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Dissenting opinion by Justice Rehnquist.

No. 80-2082. J. Boles, et al., Petitioners v. William Chavis. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. Dissenting opinion by Justice Rehnquist.

No. 80-2169. William Davis, Petitioner v. Thomas L. Jacobs, Com- missioner of Probation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit;

No. 80-6451. William James Gibson, Petitioner v. Frank C. Black- burn, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit;

No. 80-6504. John T. Reed, Petitioner v. Carl Ajello, Attorney Gen- eral of Connecticut, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit;

No. 80-6508. Durkin Woodruff, Petitioner v. Harry L. Allsbrook, et

al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit; TUESDAY, OCTOBER 13, 1981 125

No. 80-6586. Willie L. Dillard, Petitioners R. J. Marks, Superinten-

dent, Pennsylvania State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit;

No. 80-6714. James Freeman, Petitioner v. Joe Oliver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit;

No. 80-6732. Orville Gene Vinson, Petitioner v. Robert R. Raines, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit;

No. 80-6757. Gary Lee McColpin, Petitioner v. Robert A. Atkins. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit;

No. 80-6780. William Thomas Humphrey, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit;

No. 80-6818. Allen Rodziewicz, Petitioners. Gary J. Hilton, Superin- tendent, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit;

No. 80-6932. James Edward Clayton, Petitioner v. W. J. Estelle, Di- rector, Texas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit;

No. 81-358. Clarence Williams, Petitioner v. Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit;

No. 81-5021. Burrell Johnson, 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;

No. 81-5071. James Hugh Henson, Jr., Petitioner v. Walter W. Redman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit;

No. 81-5082. Frank L. Perkins, Petitioner v. Robert R. Raines, Su- perintendent, Arizona State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit;

No. 81-5118. Benny Dixon, Petitioner v. Robert Raines. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit; and

No. 81-5138. Robert Lee Smith, Petitioner v. James P. Mitchell, Warden. Petition for writ of certiorari to the United States Court of 126 TUESDAY, OCTOBER 13, 1981

Appeals for the Fourth Circuit. Petitions for writs of certiorari denied. Opinion by Justice Stevens respecting the denial Dissenting opinion by Justice Rehnquist, with whom the Chief Justice and Justice Powell join.

No. 80-6514. Samuel Hawkins, Petitioner v. Texas. The motion x)f

American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 80-6519. Major Henry Johnson, Jr., Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied. Dis- senting opinion by Justice Marshall.

No. 80-6704. Orson G. White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join in this case and in No. 80-6759.

No. 80-6759. Lawrence Anderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join in this case and in No. 80-6704.

No. 81-167. Pan-Islamic Trade Corporation, Petitioner v. Exxon

Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell and Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 81-191. Anne Needham, Petitioner v. White Laboratories, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting opinion by Justice Rehnquist.

No. 81-260. Exxon Corporation, Petitioner v. Georgia Association of Petroleum Retailers. The motion of Georgia Oilmen's 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 denied.

No. 81-319. David George Kimmel, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 81-5038. Bennie Demps, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall. TUESDAY, OCTOBER 13, 1981 127

No. 81-5169. Eligaah Ardalle Jacobs, 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. 81-5192. Jeffrey Stuart Dicks, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Divi- sion, denied. Dissenting statement by Justice Brennan and Justice Mar- shall.

No. 81-5271. John Edward Swindler, Petitioner v. Arkansas. Peti- tion for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5336. Thurman Martin, 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. 81-5189. George Mercer, Petitioner v. Missouri. The motion of

ACLU of Western Missouri for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Mis- souri denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5296. Robert Allen Fierro, Petitioner v. Ellis C. MacDougall,

Director, Arizona Department of Corrections, 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.

Habeas Corpus Denied

No. 81-5351. In Re Robert D. Locklin, Petitioner;

No. 81-5356. In Re Ruchell Cinque MaGee, Petitioner;

No. 81-5406. In Re Jasper Barner, Petitioner; and

No. 81-5521. In Re Nan Marie Neale, Petitioner. Petitions for writs of habeas corpus are denied.

Mandamus Denied

No. 81-5218. In Re Stuart A. Holmes, Petitioner. Petition for writ of mandamus denied. No. 81-5295. In Re Ruchell Cinque MaGee, Petitioner. The petition for writ of mandamus and prohibition is denied. 128 tuesday, october 13, 1981 Prohibition Denied

No. 81-5182. In Re Leon Charlie Scott, Petitioner. The petition for writ of prohibition and for other relief is denied.

Recess Order

The Court will take a recess from Monday, October 19, 1981, until Monday, November 2, 1981.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Michael P. Abbott Philadelphia, PA Arthur H. Seidel Russell M. Aboud El Paso, TX D. Clark Hughes Jeffrey Rodgers Allen Richmond, VA Kenneth Alan Raby Herbert Raymond Allen II Tallahassee, FL Segundo J. Fernandez Henry M. Amber Coral Gables, FL Howard Robert Messing Louis M. Auccin III San Francisco, CA Estella Wheatley Dooley William Humphrey Barrett Washington, DC Carl Walter Schwarz Robert E. Bartkus New York, NY Arthur L. Liman Arthur Paul Berg Los Angeles, CA Anthony Carl Manzella Jr. John Biscoe Bingham North Little Rock, Judge Elsijane T. AR Roy Robert Wayne Bjur Buena, WA James B. Hovis Neal Dwight Bowen Sanibel, FL Fred P. Bosselman Henry L. Bridges Raleigh, NC Alexander B. Denson Francis D. Brouillette Iron Mountain, MI Peter W. Ryan Henry Cartan Clarke Jr. Gaithersburg, MD Robert G. Tobin Jr. Charles M. Clopton Pensacola, FL Mortimer L. Clopton Ina Cheryl Cohen Detroit, MI Wade H. McCree Jr. TUESDAY, OCTOBER 13, 1981 129

Applicant City and State Movant

Peter Alden Copeland New York, NY William Eldred Jackson Ignacio Samuel Cota Santa Barbara, Stephen Payne CA Wiman Wayne C. Dabb Jr. Cleveland, OH Alan S. Ward William D. Dodson Los Angeles, CA Ruth A. Phelps James Wilson Douglas Clay, WV Ernest Victor Morton Jr. Jeff Douglas Drushal Wooster, OH John C. Johnston Jr. Gabriel 0. Dumont Jr. Boston, MA James Thomas Grady Hylton B. Dupree Jr. Marietta, GA Joseph T. Tuggle Jr. Robert Lawrenne Esensten Los Angeles, CA Jack Irving Esensten Ronald Feldman Los Angeles, CA Bruce P. Wolfe Manuel Felix Fente Miami, FL Carl L. Masztal Christopher Edward Finger Boca Raton, FL Ronald Allen Hollander John Joseph Fitzgerald Chicago, IL Frederic 0. Floberg Peter J. Flaherty III Richmond, KY James Stouffer Chenault Paul J. Forch Richmond, VA Walter H. Ryland Harry Judd Fox Jr. Warner Robins, Alfred C. Brinson GA Joseph W. Fullem Jr. Philadelphia, PA Albert L. Bricklin Charles L. Gagnebin III Boston, MA Joseph Weingarten William Lea Garrett Dallas, TX Daniel Harper Benson Neal John Gobar San Diego, CA Anthony Michael Summers George Howard Godwin Houston, TX Robert Alton Shults Caron Balkany Goldstein Miami, FL Sam Daniels Edward C. Gonda Philadelphia, PA Arthur H. Seidel

•X A

130 TUESDAY. OCTOBER 13. 1981

Applicant City and State Movant

John D, Gordan III New York, NY Evan A. Davis Newton Douglas Grimwood Phoenix, AZ John F. Mills Rosemarie J. Guadnolo Chicago, IL John J, E might John Stephen Hahn Washington, DC Edward W. Warren James K. Haynes San Francisco. CA W. Reece Bader C. M. Henkel III Corpus Christi. Paul G. Kratzig TX John Gerhart Hennen Olympia. WA Slade Gorton Charles R. Herpich Jr. Houston. TX Ralph Denneth McBride Stephen Crandall Hillard Anchorage, AK Mark A. Sandberg Patricia Stanford Hunt Chapel Hill. NC Steven Alan Bernholz Ronald D. Hurst Dallas. TX Paul W. Hicks Joseph P. Infranco Commack, NY Ronald Stephen Carner

Marion Riley Jenkins Detroit e. MI Joseph Non-ell Baltimore

Norman G. Jesse Des Moines. I Dan L. Johnston Robert 0. Jester Kansas City. MO Gerald Matthew Handley David Reynold Johnson Washington, DC William R. Perlik John C. Johnston III Wooster, OH Arthur W. Moore Robert M. Kania Florence. MA Laurence A. Taillefer William Edward Kass Norfolk. VA Richard Soule McLeilon Moms Wayne Keeter Gastonia, NC Jeffrey M. Guller Stephen R. Keller Placerville. CA John Cushman Weidman James E. Konchan Cleveland. OH Henry F. Womer Johathan T. Kopit Bloomneld Hills. Wade H. McCree MI Jr. James Steward Kurz Alexandria, VA James Matthew Gifrm Michael Stuart Lee Corpus Christi, Frederick F. TX Rogers TUESDAY, OCTOBER 13, 1981 131

Applicant City and State Movant

BasilJ. Lewris Washington, DC Arthur Sellers Garrett Herbert Kelman Lippman New York, NY Stuart J. Land Charles Edmund Lipsey Annandale, VA Robert Gordon Bidwell Donald W. MacPherson Phoenix, AZ William A. Cohan John Edward Mahoney Santa Rosa, CA Dale Marshall Underwood Howard Jay Manchel Atlanta, GA William Robert Gignilliat III Richard A. Manzo Titusville, FL Robert J. Telfer Jr. Constant G. Marquer Jr. New Orleans, LA Maurice Thomas Hattier Theodore A. Mars Jr. New Orleans, LA F. Irvin Dymond John Paul Massicot New Orleans, LA Edward J. Castaing Jr. Dont Metz Mateer Rockford, IL Thomas A. Keegan Donald L. McLachlan Chicago, IL Sharon L. King Sherry Shipley Means Little Rock, AR Jack T. Lassiter Steven 0. Medo Jr. New Orleans, LA F. Irvin Dymond Manes Martin Merrit New York, NY Richard D. Parsons Kathleen Walton Mikkelson San Francisco, CA Richard Collins Jacobs Herbert H. Mintz Washington, DC Arthur Sellers Garrett Judith M. Mitchell Los Angeles, CA Russell Iungerich James A. Moeller Kansas City, MO Paul Scott Kelly Jr. Roger Allan Moore Boston, MA George Marshall Moriarty Herman Morris Jr. Memphis, TN Walter Lee Evans Jeffrey S. Mutnick Portland, OR Frank Pozzi Jack Odell Nelson Jr. Lubbock, TX Donald M. Hunt Randall Jackson Newsome Cincinnati, OH Gerald V. Weigle Jr. 132 TUESDAY, OCTOBER 13, 1981

Applicant City and State Movant

Brian Boru O'Neill Minneapolis, MN Norman R. Carpenter Mark G. Ohnstad Minneapolis, MN Donald H. Seel Eichi Oki Honolulu, HI Norman Hitoshi Suzuki William Jeffrey Olson Washington, DC James H. Wentzel John R. Oppenman Portland, ME D. Brock Hornby Fred Allen Orleans San Antonio, TX Raymond Mirrer Thomas Robert Parker Jefferson City, Leah Brock MO McCartney Michael M. Payne Honolulu, HI Everett L. Cuskaden II Richard G. Payne Key West, FL Lucien C. Proby Jr. Willie J. Perkins Sr. Greenwood, MS Alvin Odell Chambliss Jr. Stephen L. Peterson Washington, DC Arthur Sellers Garrett Thomas A. Pluta Wilbraham, MA Patrick William McDonough Paul Duane Priamos Newport Beach, Richard T. CA Kayaian Richard B. Price Omak, WA Thomas H. S. Brucker William R. Rapson Denver, CO John M. Cogswell Frank Perley Reiche Washington, DC Thomas E. Harris Jay Jacob Rice Woodbridge, NJ Harold N. Gast Oliver G. Richard III Lafayette, LA J. Bennett Johnston Jr. Stephen Thomas Robinson Detroit, MI L. Brooks Patterson William Joel Rutzick Seattle, WA Jeffrey Dale Spence Bruce A. Salzburg Cheyenne, WY Steven F. Freudenthal Edward R. Schellhammer Johnstown, PA Joseph F. O'Kicki Karen L. Schulte Cincinnati, OH Donald L. Schott Keith Thomas Sefton Washington, PA Leroy S. Merrifield TUESDAY, OCTOBER 13, 1981 133

Applicant City and State Movant

Luther Perry Shields Knoxville, TN Glen R. Claiborne Douglas Keith Silvis Fort Lauderdale, James O'Resta FL Murphy Jr. Mark Skipper Fort Lauderdale, David Richard FL Damore Barbara S. Steiner Chicago, IL Albert E. Jenner Jr. William Piatt Stimson New York, NY Richard Grant Lyon Susan Meg Svetkey Portland, OR Stephen Alden Houze Gordon S. Thatcher Rexburg, ID Ray Wendell Rigby Timothy Dwight Trushel Washington, DC T. S. L. Perlman Deborah A. Vitale Washington, DC Victor Bruce Gersh Billy W. Walker McRae, GA Thomas Kinnebrew Smith Jean Margaret Wall San Francisco, CA John Eshleman Wahl Melbourne B. Weddle Santa Barbara, Robert McShane CA Carney Edward P. Welch Wilmington, DE Steven James Rothschild Robert H. Wheeler Chicago, IL Sharon L. King Donna Carol Morris Willard Anchorage, AK James J. Delaney Jr.

Richard John Willoughby Anchorage, AK James J. Delaney Jr. Daniel P. Winkel South Sioux City, William L. NB Heubaum Carolyn Brack Witherspoon Little Rock, AR Philip E. Kaplan Aaron Wyckoff Nashville, TN Gilbert Stroud Merritt 134 TUESDAY, OCTOBER 13. 1981

Admissions to the Bar on Oral Motions

Applicant City and State Movant

S. Bernard Ableman Wilmington, DE Rex E. Lee Theodore Ridley Carron Alexandria, VA Rex E. Lee Kim Allison Gandy New Orleans, LA Rex E. Lee William Thomas Sinclaire New York, NY Rex E. Lee William E. Shepard Memphis, TN Rex E. Lee Harry Schoolitz, Jr. Scottsdale, AZ Gene Karp John Mark Massameno Torrington, CT Paul E. Coffey Austin Joseph McGuigan Wallingford, CT Paul E. Coffey Charles Robert Gray Kansas City, MO Edgar Ferrand Rummel

Oral Argument

No. 80-1377. Caspar W. Weinberger, Secretary of Defense, et al.,

Petitioners v. Catholic Action of Hawaii/Peace Education Project, et al. Argued by Mr. Solicitor General Rex E. Lee for the petitioners and by Miss Nancy Steams for the respondents.

No. 80-931. Charles D. Bonanno Linen Service, Inc., Petitioner v.

National Labor Relations Board, et al. Argued by Mr. Sidney A. Coven for the petitioner, by Mr. Norton J. Come for respondent NLRB, and by Mr. James T. Grady for respondents Teamsters Local Union No. 25, et al.

No. 80-1350. Community Communications Company, Inc., Petitioner v. City of Boulder, Colorado, et al. Argued by Mr. Harold R. Farrow for the petitioner, by Mr. Thomas P. McMahon for the State of Alaska, et al., amicus curiae, by special leave of Court, and by Mr. Jeffrey H. Howard for the respondents.

No. 80-824. Polk County, et al., Petitioners v. Russell Richard Dodson. Argued by Mr. Norman G. Jesse for the petitioners, by Mr. John D. Hudson for the respondent, and by Mr. Edwin S. Kneedler for the United States as amicus curiae, by special leave of Court.

Adjourned until tomorrow at 10:00 o'clock. x (JOURNAL) WEDNESDAY, OCTOBER 14, 1981 135 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

Franklin F. Naumann Cypress, CA Jerry M. Patterson Robert Franklin Leavell Bellflower, CA Daniel E. Lungren Wayne L. Peterson San Diego, CA John Edward Elkins

Oral Argument

No. 80-737. Citizens Against Rent Control/Coalition for Fair Hous- ing, et al, Appellants v. City of Berkeley, California, et al. Argued by Mr. James R. Parrinello for the appellants and by Ms. Natalie E. West for the appellees.

No. 80-848. Piper Aircraft Company, Petitioner v. Gaynell Reyno,

Personal Representative of the Estate of William Fehilly, et al.; and

No. 80-883. Hartzell Propeller, Inc., Petitioner v. Gaynell Reyno,

Personal Representative of the Estate of William Fehilly, et al. Argued by Mr. James M. FitzSimons for the petitioner in No. 80-848, by Mr. Warner W. Gardner for the petitioner in No. 80-883, and by Mr. Daniel C. Cathcart for the respondents in both cases.

No. 80-5950. Laverne L. Logan, Appellant v. Zimmerman Brush

Company, et al. Argued by Mr. Gary H. Palm for the appellant and by Mr. Jay A. Canel for the appellee.

No. 80-846. Jim Rose, Warden, Petitioner v. Noah Harrison Lundy. Argued by Mr. John C. Zimmerman for the petitioner, pro hac vice, by special leave of Court, and by Mr. D. Shannon Smith for the respondent.

Adjourned until Monday, October 19, 1981 at 10 o'clock. x

(JOURNAL) MONDAY, OCTOBER 19, 1981 137 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.

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. 80-2041. Jack Duckworth, Warden, Petitioner v. Isadore Ser- rano. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of respondent for leave to proceed in forma pauperis and petition for writ of certiorari 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. Justice Marshall dissents.

Appeals — Summary Disposition

No. 81-240. Willard A. Morris, etc., et al., Appellants v. Thomas P.

Mathers, et al. Appeal from the United States Court of Appeals for the Fourth Circuit. The order dismissing the appeal for want of a substan-

tial federal question is hereby vacated. The judgment of the United

States Court of Appeals for the Fourth Circuit is affirmed.

No. 81-268. Raymond P. Scott, et al, Appellants v. Woodrow W.

"Woody" Dumas, et al. Appeal from the Court of Appeal of Louisiana,

First Circuit. The appeal is dismissed for want of a substantial federal question.

No. 81-317. David P. Weinberger, Appellant v. Florida Bar. Appeal

from the Supreme Court of Florida. The appeal is dismissed for want of a substantial federal question.

No. 81-342. Raymond Casillas, Appellant v. S.W.I.G. and Argonaut Insurance Company. Appeal from the Court of Appeals of New Mexico.

The appeal is dismissed for want of a substantial federal question. 138 MONDAY, OCTOBER 19, 1981

Certiorari — Summary Disposition

No. 80-1816. Robert F. Parratt, Warden, Petitioner v. Jesse J. Ford. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Sumner v. Mata, 449 U.S. 539 (1981). No. 81-397. Bureau of Economic Analysis, United States Depart- ment of Commerce, Petitioner v. Susan B. Long and Philip H. Long. 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 the Economic Recovery Tax Act of 1981, Section 701, Pub. L. No. 97-^34.

Orders in Pending Cases

No. A-21. Geneva H. Sayles, Applicant v. George L. Hart, Judge, United States District Court for the District of Columbia. The application to recall and stay the mandate addressed to Justice White and referred to the Court is denied.

No. A-216. James Ervin Boyd, Applicant v. United States. The application for bail addressed to Justice O'Connor and referred to the

Court is denied.

No. D-228. In the Matter of Disbarment of Harry A. Fry. Disbar- ment entered.

No. D-232. In the Matter of Disbarment of Howard B. McClellan. Disbarment entered.

No. D-234. In the Matter of Disbarment of Ernest H. Fontaine, III. Disbarment entered.

No. D-235. In the Matter of Disbarment of Michael W. Williams. Dis- barment entered.

No. D-236. In the Matter of Disbarment of Henry Rosenblum. Dis- barment entered.

No. D-238. In the Matter of Disbarment of David J. Natale. Disbar- ment entered. MONDAY, OCTOBER 19, 1981 139

No. D-240. In the Matter of Disbarment of John T. Walsh. Disbar- ment entered.

No. D-242. In the Matter of Disbarment of William J. Caskey. Dis- barment entered.

No. D-244. In the Matter of Disbarment of George Ivler. It is ordered that George Ivler, of Paterson, 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-245. In the Matter of Disbarment of Robert M. Pressman. It is ordered that Robert M. Pressman, of Philadelphia, Pennsylvania, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-246. In the Matter of Disbarment of Richard Stephen Kahn. It is ordered that Richard Stephen Kahn, of Essex, 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-247. In the Matter of Disbarment of Thomas M. Costello, Sr. It is ordered that Thomas M. Costello, Sr., of Southfield, Michigan, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-248. In the Matter of Disbarment of Dennis Holober. It is ordered that Dennis Holober, 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-249. In the Matter of Disbarment of Elmer S. Beatty, Jr. It is ordered that Elmer S. Beatty, Jr., of Verona, 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-250. In the Matter of Disbarment of Robert C. Donovan. It is ordered that Robert C. Donovan, of San Jose, 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. 140 MONDAY. OCTOBER 19. 1981

No. D-251. In the Matter of Disbarment of Frederick B. Gold. It is ordered that Frederick B. Gold, of Birmingham, 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. 86 Original. State of Louisiana, Plaintiff v. State of Mississippi, et al. It is ordered that Charles J. Meyers, Esquire, of Denver, Colo- rado, be, and he is hereby, 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 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 hereafter may direct.

It is further ordered that if the position of Special Master becomes vacant during a recess of Court, the Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court herein.

No. 80-1285. Carl W. Brown, Petitioners. EarlJ. Hartlage. L. Stan- ley Chauvin, Jr., Esquire, of Louisville, Kentucky, a member of the

Bar of this Court, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.

No. 80-1417. Mark J. Mills, et al., Petitioners v. Rubie Rogers, et al.

The motion of respondents to dismiss the writ of certiorari or in the alternative to certify certain questions to the Supreme Judicial Court of

Massachusetts is denied.

No. 80-1925. United Transportation Union, Petitioner v. Long Island

Railroad Company, 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. The motion of American Public Transit Associa- tion for leave to participate in oral argument as amicus curiae is denied.

No. 80-5861. Kenneth Ray Williams, Petitioner v. Kenneth Ray Lucky. The motion of petitioner to consolidate this case with No.

80-6298, Mills v. Habluetzel, is denied. MONDAY, OCTOBER 19, 1981 141

No. 81-656. Consolidated Foods Corporation, Petitioner v. Trudy Unger. The motion of petitioner to consolidate this case with No. 80-6045, Kremer v. Chemical Construction Corp., is denied.

Appeals — Jurisdiction Noted

No. 81-328. Jesus Rivera Rodriquez, et al., Appellants v. Popular

Democratic Party, et al. Appeal from the Supreme Court of Puerto

Rico. In this case probable jurisdiction is noted.

No. 81-341. Joseph Greene, et al., Appellants v. Linnie Lindsey, et al. Appeal from the United States Court of Appeals for the Sixth Cir- cuit. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-280. General Building Contractors Association, Inc., Peti- tioner v. Pennsylvania, et al.;

No. 81-330. United Engineers & Constructors, Inc., Petitioner v.

Pennsylvania, et al.;

No. 81-331. Contractors Association of Eastern Pennsylvania and

United Contractors Association, Petitioners v. Pennsylvania, et al;

No. 81-332. Glasgow, Inc., Petitioner v. Pennsylvania, et al; and

No. 81-333. Bechtel Power Corporation, Petitioner v. Pennsylvania, et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Third Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 81-5321. Earl Enmund, Petitioner v. Florida. Motion of petitioner for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Florida granted.

Certiorari Denied

No. 80-2083. Charles R. Shepherd, Petitioner v. Gail Adams Shep- herd. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 80-2156. General Development & Shipping Enterprises Co., 142 MONDAY. OCTOBER 19. 1981

Ltd., Petitioner v. Stephen J, Morewitz, etc.. et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 80-6812. Robert L. Scruggs, Jr.. Petitioner v. United States. Pe- tition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 80-6883. James Earl Pitts. Petitioner v. Brady Sparks, Assistant District Attorney. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-86. Little Motor Company. Petitioner v. Brenda Lee Suits. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-106. Richard K. Ehrlieh. et al., Petitioners y. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-114. Savare DeFelice. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-117. Gregory L. Porter. Petitioner v. Guam Publications. Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-119. Beverly Morrow, Individually and as Parent and Next Friend of Jane Ellen Morrow and James Andrew Morrow, and John

Patrick Morrow. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-183. Magma Copper Company. Petitioner v. Secretary of La- bor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-192. Thomas Gannon. Petitioner v. L'nited States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-242c Hobert W. Fischer, Petitioner i\ Audley Vonck. Petition for writ of certiorari to the Court of Appeals of Missouri, West era Dis- trict, denied.

No. 81-250. Kennie R. Childers and Black Diamond Coal Company.

Inc., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 19, 1981 143

No. 81-254. Bernard H. Horowitz and David Horowitz, Petitioners v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 81-264. Presbyterian Hospital of Dallas, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-266. John H. Bradley, Petitioner v. Computer Sciences Cor- poration, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-304. Campo Slacks, Inc., and J & E Sportswear, Inc., Peti- tioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-318. Troy Wayne Dent, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-338. James Edward Inman, etc., et al., Petitioners v. Ray L.

Brock, Jr., et al. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied.

No. 81-344. Ralph Hernandez, Petitioner v. Luther T. Fair. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 81-346. Seattle Crescent Container Service, Petitioner v. Port of Seattle. Petition for writ of certiorari to the Court of Appeals of Wash- ington, Division 1, denied.

No. 81-366. Sun Ship, Inc., Petitioner v. Robert N. Murphy and Di- rector, Office of Workers' Compensation Programs. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-368. Radio Broadcasting Co., Petitioner v. Franklin Town

Corporation, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 81-372. Alan J. White, Petitioner v. Office of Personnel Manage- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-375. Dowell Division of Dow Chemical Company, Petitioner v. Franconia Sea Transport, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 144 MONDAY, OCTOBER 19, 1981

No. 81-382. Ignacio Bucio-Reyes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-387. Burley L. Morris, Petitioner v. City of Midland, Texas, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-392. Joseph F. Kenealy, Petitioner v. United States; and

No. 81-393. Michael F. Kenealy, et al., Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-407. Robert Lee Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-414. Guiseppe Troia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-427. Garry Davis, Petitioner v. District Director, Immigra- tion and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-443. James H. Nicholls, Petitioner v. Ernest C. Nash, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81^148. Robert 0. Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-453. Paul LaBriola, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5129. Albert De Falco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5156. Stephen Masiello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, OCTOBER 19, 1981 145

No. 81-5177. Hughes Anderson Bagley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5188. Linda Reid, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5279. Clinton Davis, Petitioner v. G.M.C. Oldsmobile Divi- sion. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5319. Horace W. Bonner, Jr. and Charles A. Bonner, Peti- tioners v. Donald W. Wyrick, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5320. John Alden Settle, Jr., Petitioner v. Cynthia M. Settle. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 81-5325. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5326. Wilmer Lane Easter, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5330. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5331. Robert S. Vanderdoes, Petitioner v. St. Claude General

Hospital, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5334. Harold Joe Monroe, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-5335. Raymond Clifton Owens, Petitioner v. Theodore Koehler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5339. Lemuel Emmerson Holmes, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Ten- nessee, Western Division, denied.

No. 81-5341. Van Prince Welch, Petitioner v. Sam P. Garrison, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 146 MONDAY, OCTOBER 19, 1981

No. 81-5342. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5343. Jimmy Covington, Petitioner v. Marvin L„ Davis. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5347. Joe Gonzales, Jr., Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-5375. Norman K. Scott, Petitioner v. S. K. LaFoy, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5377. Terry Lee Couch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5397. Albert H. Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-5419. Harold Kubasiak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-5430. James Wayne Howard, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-5437. Michael Raymond Combs, Petitioner v. Jack R.

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

No. 81-5440. Clovis Carl Green, Jr., Petitioner v. Norman A.

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

No. 81-5445. Earl L. Nickerson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5450. Charles "Red" Warden, Petitioner v. United States Pa- role Commission and Parole Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5460. Wayne Red Horse, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, OCTOBER 19, 1981 147

No. 81-5467. Luther Woods, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5468. Wayne Wesley Sprecher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5473. Donnie Bradford, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5477. Percy Lowry Berry, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 80-1494. United Air Lines, Inc., Petitioner v. Division of Indus- trial Safety of the State of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice White.

No. 81-112. Barry Dean Michael, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice White, with whom Justice Brennan and Justice Powell join.

No. 81-365. EA Industries, Incorporated, Petitioner v. AMI Indus- tries, Incorporated. The motion of petitioner to defer consideration of the petition for certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-403. Texas, Petitioner v. Leroy Green. 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. 81-5009. Gary Carwell Crouch and Mary Crouch, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting opinion by Justice White, with whom Justice Brennan joins.

No. 81-5086. Stephen Todd Booker, 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. 81-5329. David Livingston Funchess, 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. 148 MONDAY. OCTOBER 19, 1981

No. 81-5372. Margie Bullard Barfield, 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.

Mandamus Denied

No. 81-5332. In Re Burnice Clyde Baxley, Petitioner. Petition for writ of mandamus is denied.

Admissions to the Bar on Written Motions

Applicant Citv and State Movant

Algert Swanson Agricola Montgomery, AL Truman M. Hobbs Jr. Paul Carlisle Anacker Pago Pago, AS Rolland Dennis Orrock William Steven Askew Vidalia, GA Donald P. Carpenter George W. Beals Portland, ME Robert Checkoway Marshall Andrew Bird Beverly Hills, CA Richard David Fraade John Alan Bivens Tuscaloosa, AL George Peach Taylor Dennis W. Blake Westwood, NJ Mitchell Melnikoff Linda C. Breland Montgomery, AL Charles Allen Graddick Victor W. Brizendine III ShelbyviUe, KY W. Stephen Wilborn Stewart Lee Cohen Philadelphia, PA Jay Martin Cohen Robert Mark Craig III Houston, TX Jimmy Clare Bailey James S. Damron Austin, TX Robert Penn Fowler Walter Allen Davis Huntsville, AL Charles Curtis King Mark W. Dickerson Atlanta, GA Arthur K. Bolton Charles Bradshaw Farber Jackson, MS William A. Allain Susan Beth Farmer Montgomery, AL Walter Sanderson Turner Don E. Forester Houston, TX Robert F. Hyatt III MONDAY, OCTOBER 19, 1981 149

Applicant City and State Movant

Laurie E. Foster New York, NY John W. Castles 3d Joseph William Gandert Albuquerque, NM Todd E. Farkas Eleanore Mackey Garber Louisville, KY William H. Allison Jr. Robert E. Garner Amarillo, TX Thomas Aikinson Curtis Daniel Stanley Garrity II Wichita, KS William F. Kluge III Joseph W. Gelwicks St. Mayers, IN Ralph F. Mitchell Marc Nayer Geman Denver, CO Miles M. Gideon James Shinn Graham San Diego, CA Roger L. McNitt Gene Stuart Hagood Alvin, TX Alton C. Todd Carlyle W. Hall Jr. Los Angeles, CA A. Thomas Hunt Ronald Milton Hand Kissimmee, FL Norman Joseph Smith Richard Dale Harmon Oakland, CA Harold R. Farrow Stephen P. Harrison McDonough, GA R. Alex Crumbley John Michael Hartenstine Sarasota, FL Monte K. Marshall David Wallace Hoefer Billings, MT C. David Gorton George William House Greensboro, NC Thornton H. Brooks Georg Jensen Cheyenne, WY Ernest Warren Halle Paul R. Joseph Los Angeles, CA Judge RObert 0. Lukowsky Philip Richard Kastellec New York, NY Edward Thompson David S. Komiss II Houston, TX Daniel Robert Kirshbaum Alfred J. Kuffler Philadelphia, PA Richard W. Palmer Frank H. Lagesen Portland, OR Randall Blair Kester Michael F. Lynch Austin, TX William Peel Allison James Thomas Mahan Galveston, TX W. Carloss Morris Jr. 150 MONDAY, OCTOBER 19. 1981

Applicant City and State Movant

Steve M. Marks Baton Rouge, LA Gordon M. White David Charles McConnell Kansas City, MO Robert Edwin Hart Lennox P. McLendon Jr. Greensboro, NC Thornton H. Brooks Steven Michaelson Fort Lauderdale, Eugene Sullivan FL Garrett David Keller Miller Tallahassee, FL Thomas Alan Beenck Winston E. Miller Louisville, KY Marshall P. Eldred Arnold M. Mize Derby, KS Willis W. Wall Patrick Henry NeMoyer Buffalo, NY Edgar C. NeMoyer Terence J. OToole Honolulu, HI Burnham Horace Greeley D. Patton Pelfrey Louisville, KY Marshall P. Eldred Paul Frederic Perret San Francisco, CA Robert D. Raven Henry Hardy Perritt Jr. Philadelphia, PA Harry Anthony Rissetto Elizabeth Nelson Petree Montgomery, AL Edward Earl Carnes Reid Lloyd Phillips Greensboro, NC Thornton H. Brooks Douglas W. Rasch Houston, TX Edmunds Travis Jr. Michael Lawrence Reda Titusville, FL Robert J. Telfer Jr. Genevieve S. Richardson Honolulu, HI Burnham Horace Greeley John McEnery Robertson New Orleans, LA Thomas Barr III Carl Ray Robinson Bessemer, AL J. Earl Langner Alexander Ross Rommel Houston, TX Edward Jr. Codrington Carrington Jr. Michael Donald Ross Newport Beach, Herbert H. Fitz CA MONDAY, OCTOBER 19, 1981 151

Applicant City and State Movant

Joseph Ryan Los Angeles, CA Warren M. Christopher Eric A. Sackstein Port Jefferson, Richard Elliot NY Bernard Henry M. Silberblatt Portland, OR Sidney I. Lezak Eric Steven Solowitch Cleveland, OH Marvin Harold Hersch Thomas H. Sponsler New Orleans, LA Louis A. DiRosa Sheldon P. Starke New York, NY Michael Chaim Hennenberg Jocke Shelby Stevenson New York, NY George Russell Miller Eugene Russell Strantz Los Angeles, CA James Arlin Schulman William Edward Thomas Los Angeles, CA R. Douglas Lyon Jr. Joe L. Tucker Jr. Bessemer, AL T. Eric Embry Rodman Ward Jr. Wilmington, DE Irving S. Shapiro William Alfred White Austin, TX William Peel Allison William 0. Whitehurst Jr. Austin, TX Suzanne Wood Brown Gordon D. Wishard Indianapolis, IN Lee Bowes McTurnan Jess W. Young San Antonio, TX Bernard F. Ladon Alfred Edward Yudes Jr. Philadelphia, PA Richard W. Palmer

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James Keith Davis Chicago, IL Judge Abner Joseph Mikva Annette Ann Mann Los Angeles, CA George W. Shadoan Joseph Henry Minor Los Angeles, CA George W. Shadoan Michael W. Hoge Seattle, WA Robert F. Bauer 152 MONDAY, OCTOBER 19, 1981

Applicant City and State Movant

Gary Stuart Alpert Hauppauge, NY Peter D. Sereduke Donald D. Anderson Massapequa, NY Peter D. Sereduke Paul Joseph Baisley Huntington, NY Peter D, Sereduke Jerrold Benowitz Rocky Point, NY Peter D. Sereduke Anton J. Borovina Smithtown, NY Peter D. Sereduke Eric Jonathan Bressler Cutchogue, NY Peter D. Sereduke William A. FitzGibbons Amityville, NY Peter D. Sereduke Alan Cary Fried New York, NY Peter D. Sereduke Robert L. Garfinkle Huntington, NY Peter D. Sereduke Timothy Brendan Glynn Setauket, NY Peter D. Sereduke John Vincent Griffin Jr. Merrick, NY Peter D. Sereduke Christine Elisabeth Grobe Stony Brook, NY Peter D. Sereduke Harold I. Guberman Smithtown, NY Peter D. Sereduke Edward G. Hengeveld Nesconset, NY Peter D. Sereduke Stephen Ac Humsjo Islip, NY Peter D. Sereduke Paul L. Lamb Smithtown, NY Peter D. Sereduke Erick Fin Larsen Smithtown, NY Peter D. Sereduke George E. Lasch Shirley, NY Peter D. Sereduke Stephen J. Lazzaro New York, NY Peter D. Sereduke Robert Alan Lifson Huntington, NY Peter D. Sereduke James J. Malloy Smithtown, NY Peter D. Sereduke Frederick C, Meyer Southampton, NY Peter D. Sereduke Peter J. Newman Amityville, NY Peter D. Sereduke Rocco V. Pesce Shirley, NY Peter D. Sereduke George Lawrence Roach Ft. Salonga, NY Peter D. Sereduke Leif Isaiah Rubinstein Lake Peter D. Sereduke Ronkonkoma, NY Ronald Charles Schule Smithtown, NY Peter D. Sereduke Gary L. Siben Bay Shore, NY Peter D. Sereduke Stephen G. Siben Bay Shore, NY Peter D. Sereduke Thomas J. Spellman Jr. Smithtown, NY Peter D. Sereduke Edward J. Sperzel Smithtown, NY Peter D. Sereduke Mary Margaret Werner Smithtown, NY Peter D. Sereduke Mitchell Edward Wilensky Manhasset, NY Peter D. Sereduke Alan Michael Wolinsky Lake Peter D. Sereduke Ronkonkoma, NY MONDAY, OCTOBER 19, 1981 153

Applicant City and State Movant

Jonathan M. Young Coram, NY Peter D. Sereduke Chloe Arlan Chicago, IL Judge Abner Joseph Mikva Anna Markley Bush Barrington, IL Judge Abner Joseph Mikva Ellen Cronin Craig Chicago, IL Judge Abner Joseph Mikva Florence Dunbar Chicago, IL Judge Abner Joseph Mikva Brian L. Heise Barrington, IL Judge Abner Joseph Mikva Christine Virginia Ritter Chicago, IL Judge Abner Kraft Joseph Mikva Carol Richards Lutz Park Ridge, IL Judge Abner Joseph Mikva Joanetta Monoino Miller Irvington, IL Judge Abner Joseph Mikva Gregory J. Naples Barrington, IL Judge Abner Joseph Mikva liana Diamond Rovner Chicago, IL Judge Abner Joseph Mikva Sara Elizabeth Sumner Chicago, IL Judge Abner Joseph Mikva Susan Sumner Tungate Watseka, IL Judge Abner Joseph Mikva Eugene R. Alexander Morristown, NJ James A. Courter Gary Conrad Algeier Morristown, NJ James A. Courter Benedict Vincent Aspero Morristown, NJ James A. Courter Larry Blumenstyk Morristown, NJ James A. Courter Robert Irwin Bobrow Mendham, NJ James A. Courter Robert J. Brennan Morristown, NJ James A. Courter Ronald W. Bronstein Succasunna, NJ James A. Courter Vincent Paul Celli Morristown, NJ James A. Courter William K. Conroy Morris Plains, NJ James A. Courter John J. Coyle Jr. Phillipsburg, NJ James A. Courter Thomas R. Curtin Kinnelon, NJ James A. Courter John B. Dangler Morristown, NJ James A. Courter Marc Z. Edell Morristown, NJ James A. Courter 154 MONDAY. OCTOBER 19, 1981

Applicant City and State Movant

Manuel P. Fanarjian Jefferson James A. Courter Township, NJ Martin L. Fertile Morristown, NJ James A. Courter Lawrence J. Fox Morristown, NJ James A. Courter Thomas William Greelish Morristown, NJ James A. Courter Stephan C. Hansbury Morris Plains, NJ James A. Courter John J. Harper Morris Plains, NJ James A. Courter John P. Hogan Morristown, NJ James A. Courter

Adrian I. Karp Moms Plains, NJ James A. Courter E. Richard Kennedy Florham Park, NJ James A. Courter Candace R. Kopf Morristown, NJ James A. Courter Rodger C. Kopf Morristown, NJ James A. Courter

R e Gregory Leonard Morristown, NJ James A. Courter Donald S. McCord Jr. Morristown, NJ James A. Courter Joseph Mezzacca Jr. Madison, NJ James A. Courter John M. Mills Morristown, NJ James A. Courter Barbara Ann Morgen Cedar Knolls, NJ James A. Coulter James M. Mulvaney Morris Plains, NJ James A. Courter Joel A. Murphy Morristown, NJ James A. Courter Richard James Murray Moms Plains. NJ James A. Courter Robert J. Nish Morristown, NJ James A. Courter Paul R. Nusbaum Roxbury James A. Courter Township, NJ Thomas R. O'Brien Moms Plains, NJ James A. Coulter David Carmen Pennella Dover, NJ James A. Courter Larry S. Raiken Parsippany. NJ James A. Courter David B. Rand Morristown, NJ James A. Courter Salvatore Salibello Morristown. NJ James A. Courter John J. Scanlon New Providence, James A. Courter NJ Lewis Stein Roxbury, NJ James A. Courter George P. Struble Butler, NJ James A. Courter Katharine J. Sweeney Chatham, NJ James A. Courter John R. Tort Jr. Woodbridge, NJ James A. Courter Robert M. Tosti Morristown, NJ James A. Courter Joseph R. Valentino Succasunna, NJ James A. Courter Edward Wacks Morristown, NJ James A. Courter Anthony G. Wahl Morristown, NJ James A. Courter

-X MONDAY, OCTOBER 19, 1981 155

Applicant City and State Movant

Sidney D. Weiss Newark, NJ James A. Courter Jack L. Wolff Morristown, NJ James A. Courter

Adjourned until Monday, November 2, 1981 at 10 o'clock. x

(JOURNAL) FRIDAY, OCTOBER 30, 1981 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.

Order in Pending Case

No. A-337. Margaret Canady, et al., Applicants v. Lumberton City

Board of Education, et al. The application for an injunction, presented to the Chief Justice and by him referred to the Court, preventing the Board of Education and the Board of Elections from permitting resi- dents of the three annexed areas involved in this case to vote in the school board election is granted, pending the timely filing and disposition of a jurisdictional statement, or until appellees demonstrate compliance with Section 5 of the Voting Rights Act. The Chief Justice, Jus- tice Powell and Justice Rehnquist dissent.

(JOURNAL) MONDAY, NOVEMBER 2, 1981 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."

Opinion Per Curiam

No. 81-249. Carlos Chardon, individually, et al., Petitioners v. Rafael

Rivera Fernandez, et al.; and Carlos Chardon, individually, et al., Peti-

tioners v . Caspar Rodriguez Rodriguez. On petition for writ of certiorari to the United States Court of Appeals for the First Circuit. Peti-

tion for writ of certiorari granted. Judgments entered below on May 8, 1981, and June 11, 1981, are reversed and the cases are 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 Marshall joins. Dissenting opinion by Jus- tice Stevens with whom Justice Brennan and Justice Marshall join.

Appeals — Summary Disposition

No. 80-1894. Michael Ben-Levi, Appellant v. Sharon E. Ben-Levi. 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. Justice Blackmun would note probable jurisdiction and set the case for oral argument.

No. 81-35. Jack Van Hyning, Appellant v. University of Alaska. Ap- peal 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. 81-354. 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. 81-441. Paul Marsa, Appellant v. Donald J. Wernik, Individually 160 MONDAY. NOVEMBER 2. 1981 and as the Mayor of the Borough of Metuchen, et al. Appeal from the Supreme Court of New Jersey. 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. 81-454. Dale Julian Barsness, Appellant v. Idaho. Appeal from the Supreme Court 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. 81-5386. Hal M. Rogers, Appellant v. Larry Jinks, et al. Appeal 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.

No. 81-226. Town of Hardenburgh, Ulster County, New York, 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. 81-462. Spiegel, Inc., Appellant v. George Whitaker. et ux., etc.

Appeal from the Supreme Court of Washington. The appeal is dismissed for want of a substantial federal question.

No. 81-537. Beechwood Sanitarium, etc., Appellant v. David

Axelrod, et al. Appeal from the Appellate Division. Supreme Court of New York, Fourth Judicial Department. The appeal is dismissed for want of a substantial federal question.

No. 81-503. Irving Stolberg. Appellant v. Lawrence J. Davidson, et al. Appeal from the Superior Court of Connecticut, New Haven County. The appeal is dismissed for want of jurisdiction.

No. 81-5400. Lacey G. Stanley, Jr.. Appellant v. Sarah W. Stanley. Appeal from the Court of Appeals of North 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 Blackmun would dismiss the appeal for want of a properly presented federal question.

Certiorari — Summary Disposition

No. 81-5383. Robert Allen May, Petitioner v. Texas. On petition for writ of certiorari to the Court of Criminal Appeals of Texas. The motion of petitioner for leave to proceed informa pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Criminal Appeals of Texas for further consideration in light of Adams v. Texas, 448 U.S. 38 (1980). MONDAY, NOVEMBER 2. 1981 161

Orders in Pending Cases

No. . Jeffrey Williams, et al., Petitioners v. First Federal Sav- ings & Loan Association of Arlington, et al. The motion to direct the Clerk to file the petition for a writ of certiorari is denied. Justice Black- mun would deny the motion as out-of-time.

No. 78-1545. Anne B. Zipes, et al., Petitioners v. Trans World Air- lines, Inc.; and No. 80-951. Independent Federation of Flight Attendants, Petitioner v. Trans World Airlines, Inc., et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is denied. Justice Stevens took no part in the consideration or decision of this motion.

No. 80-203. Merrill Lynch, Pierce, Fenner & Smith, Inc., Petitioner v. J.J. Curran and Jacquelyn L. Curran. The motion of Rosenthal & Company for leave to file a brief as amicus curiae is denied.

No. 80-1464. James G. Watt, Secretary of the Interior, et al., Peti- tioners v. Energy Action Educational Foundation, et al. The motion of respondents for leave to file affidavits from officers of independent oil companies, after argument, is denied.

No. 80-5889. John Santosky II and Annie Santosky, Petitioners v. Bernhardt S. Kramer, Commissioner, Ulster County Department of

Social Services, et al. The motion of the Attorney General of New York for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 80-6298. Lois Mae Mills, Appellant v. Dan Habluetzel. The motion of appellee to dismiss the appeal as moot is denied.

No. 81-325. Larry Blanding, et al., Appellants v. E.M. DuBose, et al. The motion of the Sumter County appellees to strike the brief of the United States is denied with leave of the Sumter County appellees to file a brief in response to the brief of the Solicitor General on or before November 16, 1981.

No. 81-752. Hugh L. Carey, et al., Petitioners v. Malcolm Baldrige,

Secretary of Commerce, et al. The motion of petitioners to expedite consideration of the petition for a writ of certiorari and to consolidate this case with No. 80-1436, Baldrige v. Shapiro and with No. 80-1781,

McNichols v. Baldrige is denied.

No. 81-5634. Ricky Wayne Tison and Raymond Curtis Tison, Peti- tioners v. Arizona. The motion of petitioners to expedite consideration of the petition for a writ of certiorari and to consolidate this case with No. 81-5321, Enmund v. Florida is denied. 162 MONDAY. NOVEMBER 2. 1981

Appeals — Jurisdiction Postponed

No. 81-31. California, et al., Appellants v. Grace Brethren Church, et al.; and California, et al.. Appellants v. Lutheran Church-Missouri

Synod, et al.;

No. 81-228. United States, et al., Appellants v. Grace Brethren

Church, et al.; and

No. 81—455. Grace Brethren Church, et al.. Appellants v. United States, et al. Appeals from the United States District Court for the Central District of California. Further consideration of the question of jurisdiction is postponed to the hearing of the cases on the merits. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Granted

No. 80-1002. Board of Education of the Hendrick Hudson Central

School District, Westchester County, et al., Petitioners v. Amy Row- ley, by her Parents and Natural Guardians, Clifford and Nancy Row- ley, etc. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit granted.

No. 81-225. Blue Shield of Virginia, et al., Petitioners v. Carol McCready. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 81-395. United Steelworkers of America, AFL-CIO-CLC, Peti- tioner v. Edward Sadlowski, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 81-412. Shelby T. Wilson, Petitioner v. Scripps-Howard Broad- casting Company, dba WMC TV Channel 5. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

No. 81-460. Middlesex County Ethics Committee, etc.. Petitioner v.

Garden State Bar Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 80-2070. Sumitomo Shoji America. Inc., Petitioner v. Lisa M.

Avigliano, et al.; and

No. 81-24. Lisa M. Avigliano, et al., Petitioners v. Sumitomo Shoji America, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit are granted. The cases are consolidated and a total of one hour is allotted for oral argument. The Solic- itor General is invited to file a brief in these cases expressing the views of the United States. MONDAY, NOVEMBER 2, 1981 163

No. 80-2205. Morgan M. Finley, Clerk of the Circuit Court of Cook County, Illinois, Petitioner v. Toni Murray. 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 granted.

No. 81-450. United States, Petitioner v. Ricardo Valenzuela-Bernal. 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. 81-406. Mississippi University for Women, et al. , Petitioners v. Joe Hogan. The motion of Mississippi University for Women Alumnae 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.

No. 81-440. Insurance Corporation of Ireland, Ltd., et al., Petition- ers v. Compagnie Des Bauxites de Guinee. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to Question 1 presented by the petition.

No. 81-5114. Delbert Lee Tibbs, 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.

No. 81-5152. Omar Taylor, Petitioner v. Alabama. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Alabama granted.

Certiorari Denied

No. 80-1947. First National Bank of Tulsa, et al, Petitioners v. Verlee C. Layon, Executrix of the Estate of Thomas Layon, Sr. Peti- tion for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 80-1961. Ray Jackson Queen, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 80-1997. International Association of Fish and Wildlife Agencies,

Petitioner v. Defenders of Wildlife, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 80-6703. Carlos Gomez, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 80-6841. Eduardo Valenzuela and Paula Valenzuela, Petitioners v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. 164 MONDAY, NOVEMBER 2, 1981

No. 80-6933. Frank Evans, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 81-5. Allen Archery, Inc., Petitioner v. Precision Shooting Equipment Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-19. Carroll Leppo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-44. Gilbert Frank Lopez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-51. Larry W. Abrams, Petitioner v. Mississippi State Board of Health, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-137. James J. Donohue, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-157. Thomas R. Pledger, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-173. The Washington Post Company, Petitioner v. Charles G. Rebozo; and

No. 81-422. Charles G. Rebozo, Petitioner v. The Washington Post Company. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-188. Center for Laboratory Medicine, Inc. , Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-196. Anthony Giacalone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-206. Lewis Akmakjian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-231. Alyeska Pipeline Service Company, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied. MONDAY, NOVEMBER 2, 1981 165

No. 81-236. Grindstone Butte Project, etc., et al., Petitioners v. James G. Watt, Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-239. David Broad, Petitioner v. Rockwell International Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-253. Universal Security Instruments, Inc., Petitioner v. Na- tional Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-265. Carnation Company, 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. 81-279. Berman Enterprises, Inc., et al., Petitioners v. Local 333, United Marine Division, International Longshoremen's Associa- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-287. Air Canada, Petitioner v. National Mediation Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-302. George M. Jones, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-309. Washington Department of Revenue, Petitioner v. J.K. Wofford. Petition for writ of certiorari to the Court of Appeals of Wash- ington, Division 2, denied.

No. 81-314. Ronald Sine and Larry Danner, Petitioners v. Mitchell

Transport, Inc., et al.; and

No. 81-475. Eastern Conference of Teamsters, Petitioner v. Ronald

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

No. 81-320. Bennie E. Jeter, et al., Petitioners v. Associated Rack Corporation. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Sixth Supreme Judicial District, denied.

No. 81-348. Harry T. Holgerson, Jr. and Mary Holgerson, Petition- ers v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-355. Joseph E. Russo and Sally Russo, Petitioners v. Com- 166 MONDAY, NOVEMBER 2, 1981 missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-369. Kenneth R. Berry, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 81-377. Jerry George Myhrvold, Petitioner v. George E. Sulli- van, Superintendent, Oregon State Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-380. Paul Bernstein, Petitioner v. Allstate Insurance Com- pany. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-385. Ore Sea Transport, Petitioner v. Burmah Oil Tankers,

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

No. 81-386. Linda Johnson, Petitioner v. Sweetwater Carpet Cor- poration. Petition for writ of certiorari to the Court of Appeals of Ten- nessee, Eastern Division, denied.

No. 81-388. Alpha Standard Investment Company, Petitioner v. County of Los Angeles. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-401. International Longshoremen's Association, AFL-CIO, et al., Petitioners v. Waterfront Commission of New York Harbor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 81-408. National Fidelity Life Insurance Company and Aviation Insurance Agency, Inc., Petitioners v. Roger Mattes, Executor of the Estate of Vincent M. Kerrigan. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-409. Michael N. Canlis, Sheriff-Coroner, County of San Joa- quin, et al, Petitioners v. San Joaquin Sheriffs Posse Comitatus, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-410. New York, Petitioner v. Theodore Pepper. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-413. Jerry G. Ohler, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

No. 81-418. Richard Brew and Frances M. Brew, etc., Petitioners v. MONDAY, NOVEMBER 2. 1981 167

First Wall Street Settlement Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-426. Foremost International Tours, Inc., Petitioner v. Qantas Airways Limited. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-428. Alice Schreiber, Petitioner v. Edward Liva and Part- ners, etc., et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 81-429. Bernard Louis Bushelman, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-434. Osvaldo Molina, Petitioner v. Popular Democratic Party, et al. Petition for writ of certiorari to the Supreme Court of Puerto Rico denied.

No. 81-436. Zenobia E. Hurley, Petitioner v. Commonwealth Land Title Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-439. Charles W. Winzer, Petitioner v. Kansas City Southern Railway Company. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Ninth Supreme Judicial District, denied.

No. 81-444. Katherine E. Modin, Petitioner v. New York Central

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

No. 81-445. Broadway Delivery Corp., et al., Petitioners v. United

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

No. 81-446. Jerome Murray, Petitioner v. Supreme Court of Puerto Rico. Petition for writ of certiorari to the Supreme Court of Puerto Rico denied.

No. 81-449. Falstaff Brewing Corporation and Paul Kalmanovitz, Pe- titioners v. Charles W. Dependahl, Jr., William J. Healy and John C. Calhoun. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-456. C. John Prince, Petitioner v. Grievance Committee for the Second & Eleventh Judicial Districts. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judical Department, denied. 168 MONDAY, NOVEMBER 2, 1981

No. 81-457. Carroll E. Oden and Valta L. Oden, Petitioners v. Er- nestine W. Anderson and Charles S. Casazza. Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 81-459. Consolidated Oil & Gas, Inc., Petitioner v. Matthew W. Dietz and T. J. Yancey. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-161. Michael Alexander, Petitioner v. Chrysler Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-470. Louis R. Daniello, Petitioner v. Joseph P. Oliveti. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied.

No. 81-479. Kevin Cory Greaves, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 81-482. Carl Cahill, et ux., Petitioners v. City of Chesapeake. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-491. Jackie L. Roy, Petitioner v. Civil Service Commission, City of Wyoming, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 81-493. John E. Murphy, Petitioner v. John F. 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. 81—495. Frederick A. Kaeli, Petitioner v. Malcolm McKenzie, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81—498. International Harvester Company, Petitioner v. Deere & Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-500. M. Thora Worrell, Petitioner v. B. F. Goodrich Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-502. David Bush, Petitioner v. Cumberland Engineering. Pe- tition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 81-506. Joe F. Soto, Petitioner v. Southern Pacific Transporta- tion Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, NOVEMBER 2, 1981 169

No. 81-507. Martha Jewett, Petitioner v. International Telephone and Telegraph Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-512. Teletype Corporation, Petitioner v. Tommie W. Taylor, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-514. Skaggs Drug Centers, Inc., et al., Petitioners v. Base- line Liquors. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

No. 81-527. Daniel Liberman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-528. Philip Celano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-541. Gino Martin, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-556. Ectore Gregorio Garcia, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-564. Glen Sutherland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-566. Jerry Diggs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-575. Carlos Ruiz, Rigoberto Rojas and Armando Ortiz, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-599. Raymond K. Horton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-610. Alphonse DiMola, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-619. Antonio B. Bascaro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 170 MONDAY. NOVEMBER 2. 1981

No. 81-620. Hope Sibert, Petitioner v. Merit Systems Protection Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5029. Donald Michael Moore, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied.

No. 81-5039. Bonnie Lee Dave, Petitioner v. G. H. Newkirk, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5089. Senovio Galvan-Serna, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5097. William G. Harden, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied.

No. 81-5105. A. Alan Greene, Petitioner v. M. Jerry Griffin, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5117. Allen Coades, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5132. John A. Busse, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5145. Gary Doyle, Petitioner v. Matthew Gill, Assistant Di- rector for Adult Services, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5166. Curtis Matthew, et al.. Petitioners v, Louisiana. Peti- tion for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5178. Hu Yau-Leung, Petitioner v. Louis Soscia, United States Marshal. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5222. Norman Wojciechowski, Petitioner v. Martin Horowitz. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5228. Sara C. Hunter, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. MONDAY, NOVEMBER 2, 1981 171

No. 81-5278. Larry Gurley, Petitioner v. Paul Metz, Superintendent, Great Meadow Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5313. Harold Lee Boggins, 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. 81-5340. Leon 0. Woods, Petitioner v. Robert J. Henderson, Su- perintendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5349. Anders Steinsvik, Petitioner v. Charles R. Morris, Sec- retary, Washington Department of Social and Health Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5350. Prentice J. Reliford, Petitioner v. James G. Ricketts,

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

No. 81-5353. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5354. Anthony J. Veneri, Jr., Petitioner v. Delaware County Common Pleas Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5355. Roily 0. Kinnell, Petitioner v. Frank G. Theis, U.S.

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

No. 81-5357. Dennis Haymon, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-5363. George Dorsey, Petitioner v. Curtin & Johnson, Inc., et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-5364. Henry Garcia, Petitioner v. Charles Anderson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5365. Dalton R. Preble, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 81-5366. Walter J. Evans, Petitioner v. Delaware; and William 0. Young, Petitioner, v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. 172 MONDAY. NOVEMBER 2. 1981

No. 81-5369. Tyrone Powell, Petitioner v. Offshore Navigation, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-5370. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5374. Dean Higgins, Petitioner v. Character and Fitness Committee, Fourth Department, New York Supreme Court. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Jud. Dept., denied.

No. 81-5378. William A. Long, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5380. Jeffery Craig Charles, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-5381. Jerdell Timothy White, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5382. William Earl Sanders, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 81-5384. James Willis Roberts, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5387. Robert William Paolo, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 81-5389. William Clifton Lewis, Petitioner v. Circuit Court for

Milwaukee County, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District One denied.

No. 81-5391. Adalberto J. Martinez, Petitioner v. The Deauville Ho- tel, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 81-5392. Domingo Rivera, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-5399. David Richard Rubasky, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.

No. 81-5401. James Russell Sabel, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. MONDAY, NOVEMBER 2. 1981 173

No. 81-5404. Oliver L. Boldt, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 81-5405. Anthony Boles, Petitioner v. Perry Johnson, Director, Michigan Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5413. Kenneth P. Zurek, Petitioner v. Michael V. Hasten, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5431. In Re John Grady Campbell, etc., Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-5434. David Edmund Allard, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5449. Lonzy Oliver, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5474. William D. Paul, Petitioner v. William Stafford, U.S. District Judge, Northern District of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5475. Thomas G. Presley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5487. George Ralph Orton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5502. Donald Lee McConnell, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5503. Eddie Woodrow Gray, Petitioner v. Donald E. Bordenkircher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5505. Martin J. Phillippi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-5510. Ronald Alfred Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 174 MONDAY, NOVEMBER 2, 1981

No. 81-5511. Brent Evan Bierman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5512. Alfred Lewis, Petitioner v. J. S. Petrovsky, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5513. Monroe Swan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5514. Marcus Biondich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5522. Gary Cecil Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-5529. Joseph Adam Hester, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5538. Donald Wayne Burns, Petitioner v. W. J. Estelle, Jr., Director, Texas Deprtment of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-1829. T. Edward Austin, etc., et al., Petitioners v. Alice Rob- erts, et al. The motion of respondents for leave to proceed in forma pauperis is granted. The motion of Florida 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 Fifth Circuit denied.

No. 80-1876. Michigan, Petitioner v. Cornelius Plantefaber. 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. 80-1910. Orlando Vasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. Opinion by Justice Stevens respecting the denial of the petition for writ of certiorari. Dissenting opinion by Justice Bren- nan with whom Justice White and Justice Marshall join.

No. 80-2017. Roy Snead, Jr., Sheriff of Calhoun County, Alabama, et al., Petitioners v. J. L. Stringer, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dis- senting opinion by Justice Rehnquist with whom the Chief Justice and Justice O'Connor join. MONDAY, NOVEMBER 2, 1981 175

No. 80-2021. The United Credit Bureau of America, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissent- ing opinion by Justice Rehnquist.

No. 80-2194. Croatan Books, Inc., Petitioner v. Virginia. Petition for writ of certiorari to the Circuit Court of Fairfax County, Virginia, denied. Justice Brennan and Justice Marshall would grant the petition for certiorari and reverse the conviction.

No. 80-6434. Joseph Green Brown, et al., Petitioners v. Louie L. Wainwright, Secretary, Department of Corrections, Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing opinion by Justice Marshall with whom Justice Brennan joins.

No. 81-53. Florida, Petitioner v. Willie Allen Garrett. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. Dissenting opinion by Justice Rehnquist with whom the Chief Justice joins.

No. 81-60. Joseph S. Hopper, Warden, Petitioner v. James Andrew Johnson a/k/a Jerry Leon Brooks. 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. 81-99. Aaron L. Kolom, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Dissenting opinion by Justice Powell.

No. 81-122. Valley News, Petitioner v. James F. McCusker. The motion of American Newspaper Publishers Association, et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 81-201. General Motors Corporation, Petitioner v. Anne M. Gorsuch, Administrator, United States Environmental Protection

Agency, et al. Petition for writ 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 petition.

No. 81-383. R.C. McCormick, Petitioner v. Edwin W. Edwards, In- dividually and as Governor of Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan and Justice White would grant certiorari. 176 MONDAY. NOVEMBER 2, 1981

No. 81-5104. Edward Barry, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied. Dissent- ing opinion by Justice White with whom Justice Brennan and Justice Marshall join.

No. 81-5107. William Boyd Tucker, Petitioner v. Walter D. Zant, Su- perintendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Butts County, Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5338. Ronald J. Straight, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5136. Del Edwards, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. Justice Brennan would grant certiorari.

Habeas Corpus Denied

No. 81-5525. In Re John W. Booker, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 80-6934. In Re Marvin Reiter, Petitioner; and

No. 81-5438. In Re Chester Kulwiec, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 80-1322. Maria Emilia Familia de Boom, et al., Petitioners v.

Arosa Mercantil, S.A., et al. The motion for leave to file a petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this motion.

No. 80-6647. Gary Lee McColpin, Petitioner v. Richard Lamunyon; and

No. 81-5051. In Re D. Carroll McGean, Petitioner. Petitions for rehearing denied. Justice O'Connor took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

John Q. Adams Orange, CA David Guy Sasso John H. Anderson Hattiesburg, MS Paul H. Holmes A

MONDAY, NOVEMBER 2, 1981 177

Applicant City and State Movant

Anne L. Asbell Atlanta, GA Joan B. Boilen John S. Baker Jr. Baton Rouge, LA William Bentley Ball Robert L. Barada Los Angeles, C Robert Bartus Kimball Robert Cushman Barber Boston,MA Stephen Moulton

John H. Barton Westport,CT Stephen I. Traub Stuart J. Beck New York, NY John A. Guzzetta Richard A. Belardinelli Fresno, CA C. Russell Georgeson William Dean Belk Jr. Indianola, MS James Lawton Robertson Louis R. Beller Miami Beach,FL J. Jerry Zeltzer Glenn Arnold Bergmann Denver,CO Paul Anthony Baca Donald Arthur Bertram Denver, CO Andrew L. Quiat William H. Bittner Anchorage, AK Jeffrey Brownold Lowenfels Margaret Ann Brown New Orleans, LA Harry A. Rosenberg David Emerson Bruner Marco Island, FL Salvatore C. Scuderi Dan S. Bushnell Salt Lake City,UT Wilford W. Kirton Jr. James A. Cada Lincoln, NB A. Loy Todd Jr. James Hebard Case Honolulu, HI Buraham Horace Greeley Joseph Sauder Younes San Antonio,TX Blair Reeves Casseb Roland M. Cavalier Albany,NY Robert G. Lyman Peter Callaway Chestnut Albuquerque, NM Stephen Ailes Deborah A. Ching Honolulu, HI Burnham Horace Greeley Louis Alan Clark Washington, DC John William Karr Lee Harker Cliff San Francisco, CA Lyman Henry John Purcell Coale Washington, DC Judge Urban P. Van Susteren Edward Barth Cohen Washington, DC Richard A. Derham 178 MONDAY, NOVEMBER 2, 1981

Applicant City and State Movant

Robert W. Copeland St. Louis,MO Sheldon K. Stock Christopher Scott D'Angelo Philadelphia, PA Thomas N. O'Neill Jr. P. Kevin Davey Tallahassee, FL John Lewis Hall Jr. Howard Quitman Davis Jr. Indianola, MS James Lawton Robertson Anthony J. DePhillips Ardmore,PA Raymond M. Faby Samuel C. Ebling St. Louis,MO J. Richard McEachern Stuart Brian Eiche Milwaukee,WI Bruno V. Bitker Lawrence J. Ferolie Rockford,IL Thomas A. Keegan Charles P. Flynn Anchorage, AK Theodore M. Pease Jr. David Livingston Foster St. W. Joseph Petersburg, FL Reynolds Norman Michael Gaffney Lansing, MI Thomas L. Brown Jr. Richard Anthony Gescheidt Boca Raton, FL Russell E. Carlisle Robert H. Gillespy II Cleveland,OH Charles Fenton Clarke Dwight Golann Boston, MA Francis X. Bellotti Steven F. Goldstone New York, NY Richard Edward Nolan Thomas B. Goodwin Cheyenne, OK Donald Royse Deryl Lee Gotcher Jr. Tulsa, OK Deryl Lee Gotcher Judson Graves Atlanta, GA Earle Benjamin May Jr. Michael A. Grow Washington, DC Gerald L. Lett Cliff Harris Los Angeles, CA William Wiley Bedsworth II Jay B. Hashmall New York, NY Deyan Ranko Brashich Lorin Daniel Hay Virginia W. Leigh Ansell Beach, VA Hugo Cullen Heldenfels Jr. Corpus Christi,TX William Neal Woolsey A L

MONDAY, NOVEMBER 2, 1981 179

Applicant City and State Movant

James Richard Herfurth Visalia,CA Gary Lewis Paden Jerry L. Hiersche Dallas,TX Joseph William Geary Jr. Samuel A. Hill Jr. Tustin,CA Louis Joseph Knobbe R. H. Hitchcock Fort Alfred Armstrong Lauderdale, FL McNamee John Llewellyn Hone Laurel,MD Leonard L. Lipshultz John D. Horan Hackensack,NJ Lawrence G. Goodman Kristin Margret Houser Seattle,WA Jeffrey Dale Spence Alan Jay Howard Daytona Beach, Judge Robert FL Palm Miller Harold Cole Hubka Daytona Judge Robert Beach,FL Palm Miller Arthur Joseph Hutton Tucson,AZ Fredric F. Kay Donald Wayne James Atlanta, GA Wayne Preston Yancey Paul R. Jenen Chicago, IL Joseph M. Fagan Susan M. Jenkins Washington, DC Ralph Clyde Wiegandt Robert Layman Jillson Cleveland, OH Charles Fenton Clarke Thomas Jerald Johnson Sioux Falls, SD John Charleston Quaintance George M. Kapolchok Anchorage, AK Robert J. Dickson John Ray Keith Taylor Springs, I Herman G. Bodewes Charles Emerson King Jr. Charleston, WV John Hey Jan Z. Krasnowiecki Philadelphia, PA Stephen B. Burbank James Alan Kraus San Diego, C Gerald Arthur Conradi Cecil Crawford Kuhne Lubbock, TX William James Wade Donald J. Lalor Minneapolis, MN Edward Charles Anderson A

180 MONDAY, NOVEMBER 2, 1981

Applicant City and State Movant

Sara Nell Steere Langland Cedartown,GA Wayne W. Gammon Michael Lewis Lash New Orleans, LA John Robinson Ronald Carl Lazof Santa Ana,CA C. Robert Jameson Manfred Walter Leckszas Baltimore, MD Randall C. Coleman Daniel Edward Lewis Los Angeles, C George Clifton Davis Robert D. LeMense Milwaukee,WI Michael T. Hart Thayer Crane Lindauer Phoenix, AZ Allen B. Bickart Leonard Lubart Hollywood, FL Andrew DeGraffenreidt III Jerome M. Lynes Newark, NJ Robert P. Gorman Ruth Delia MacNaughton New York, NY Floyd Abrams Edward D. Maggio Washington, DC Clement Shugerman Stephanie Brodie Manis Atlanta, GA Arthur K. Bolton David J. Manley Texarkana, AR Curtis B. Stuckey Christopher C. Mansfield Boston,MA John Kenneth Dane Daniel Marks Las Vegas, NV Richard McKnight Everard Aristides Washington, DC Malcolm R. Marseglia Jr. Wilkey William H. Martin Eugene, OR Mark W. Perrin Thomas William Mayo Washington, DC E. Edward Bruce Lloyd McAulay New York, NY Joseph Harold Nissen Byron Leaird McClellan Jr. Copperas W. V. Dunnam Jr. Cove,TX Paul Noble Means Jr. Little Rock,AR William R. Wilson Jr. William K. Meheula Jr. Honolulu, HI Burnham Horace Greeley Richard Ripley Mehrhof Jr. Augusta, GA Edmund Alexander Booth Jr. 1

MONDAY, NOVEMBER 2, 1981 181

Applicant City and State Movant

1 _ ATT D. Michael Miller Columbus, OH Alvin James McKennaT4 X TT

TTT T\ T% Iff" *1 T"\ n m~\T T 1 TTT'11* Wayne R. Miller Dallas, TX Joseph William Geary Jr.

m n i ttit "* T* J_ 1 11 T~V Bruce Alexander Minnick Tallahassee, FL Mitchell Dean FranksT71 1 Alfred Richard Molhn Crofton, MD Attorney General WilliamTTf'll* FrenchT71 1 bmitn TT" '11 m\T TT7" T"> LI Herbert S. Moncier Knoxville, TN Wm. Pennebaker BooneT"> Dougherty Terry D. Morgan Portland,T"> „ 1 „ J UK(~\ T~) Donald Berne McCormickTl If /~1 * 1 Richard Morgentaler TIT*Miami,* FLT71T HarveyTT BaxterT> j_

XT "\r l \TTr Tt IT j T T 1 Kay Crawford Murray New York, NY Margaret Holmes McDowellTt If T~\ 11

' m n x XT "\7" 1 \TT7 TT 1 T"» 1 Terry Myers New York, NY Herbert Rubin

Richard C. Ninneman Milwaukee,WI Michael 1 . Hart

Tt/T* ' T71T T T TT 1 William C. Norwood Miami, FL James L. Hurley Leonard Kirk O'Donnell boston, MA Stanley Brand Catherine Coyne U ioole Harrisburg, PA David Rubin

TT j_ m"V7- T71 1 Tt IT 1 Wendell A. Doom Jr. Houston, TX Fred Malone HooeyTT T»1 *1 Ill* T~k A TT- i T George R. Partridge Jr. Philadelphia, PA Vincent J. Pentima

H IT J_J_1 TT Tt Matthew Henry Patton Atlanta, GA William Barrett Gunter Kenneth C. Perryman Cheyenne, OK T^vDonald1 1 Royse"TT»

x*» Til j i Gary R. Piatt Denville, NJ Theodore E. B. Einhorn Alan J. Polley Deerfield Leonard Sussman Beach, FL

T 1_ T> 1 T) TTT 1 1 /""I TT John Barlow Reiss Washington, DC Webb C. Hayes 111TTT Donato Rivera de Jesus San Juan, PR Maria Laura Colon Charles Stephen Rogers Oklahoma Jan Eric City,OK Cartwright 1 — A 1

182 MONDAY. NOVEMBER 2, 1981

Applicant City and State Movant

JflTTIPS Danipl Q Roonpv Washincrton DC U alllCo uPlipklpvHv^xvlC > OstmanVO Ulldil

Walter Speed Rowland Wilmington , DE Nicholas Lazaros Coch

Sue ScoEroins Rucker Dallas TX Malcolm*TXC11V~ Ullll David1_/ CI V 1U

1T-Ta1 CIwkW I\

Robert Taras Rudv Minnpanolis-lTJ.11 11 1 V7 Cl *'li. ^ Ann TiPslip Alton UUllO y MN

ThomasX 1 X\J x± 1 CI O WarrpnT T 1 Cll -1.RucErlpsV L4 i. v> DimpdinJ—/ L111V3V.4111 PT^XJ L \Z \J i 1 V7 1 1 dl C w O j X Stpnhpn^ HXX*

1VLRpvnoldsV llVJlVXO Earl Rutledge Fort Worth, TX Robert J Wilson

J. i T Orpcrorv Robert A Sachs HolmdelllullllUvl < NJ(J WilliamT lllldlll VJ1 CgUi V

IfMa1CUwintt1 1U I L

Stpnhpn Rppsp Sadv XPortlandvJl LldllvX* ORV_/ X V DavidL/u V SamuplkJdlllLld Teske

RprtramJJCl Li ani XXiclllAlan k_JClSamirstpinkJ L4X O L V711 Miami^.rxiclllllt FLX XJ Thomas Rincrpl

Thornas Olivpr Sar^pntioh Washintrton DC! Thpodorp1 llv- vUUi C RXJ • Olsonv_/ ICUl 1

Michael P Shanlev Jr Albanva 11UCU1 jxiNYX Matthew*lldC M Hill V Matarasn William Harold Sheeham Dumas, TX David Wesley

John Shonkwilpr* XPortlandvji Lldllvl OR lyUlldlVlDonald Rpvnp W , VlV 1/ClUC McCormick

OJosenhUcCUll Axi. ShuffkJllU.ll 111III Santa Ana CA AVilliamTT lllldlll UlPtiipp

V Uuc P ^A/avnp Siomnn T-fnyapp M^ x • »Y d v lie kjiiiiiiuii Oastoniavjrdoiuiiid, iiVjNC iiui di~c iii> DuBosp1/ UUWOC III111

Frank Diaz Silvpira ±iA.±CA,xx x± X -1 i Miami y FL Lister

^A^ithpvQrionnTT 1L11C1 ojJUvJll 1TVV

'JJ ClillCOam ps 1.TX1MiddlptonVi \_41 \3 Lull Uli

VV lllldlll 0 . OxvcjJllciV WlvidllUllld VV lllldlll IVUUCl L City, OK Burkett Joseph Smukler Philadelphia,PA Ralph S. Snyder Robert A. Snyder Joliet, IL William Ernest Hourigan Michael Christopher Spata San Diego, C Andrew P. Mantovani Stuart Leonard Stein Fort Bruce S. Rogow Lauderdale, FL MONDAY, NOVEMBER 2, 1981 183

Applicant City and State Movant

Bradley Specht Stetler Alexandria, VA Norman A. Townsend Sydney V. Stoldt Jr. Hackensack,NJ Lawrence G. Goodman Gustavus Leroy Street Dallas,TX Joseph William Geary Jr. Robert E. Sullivan Washington, DC James Roosevelt Jr. Roger D. Susanin Philadelphia,PA John J. McAleese Jr. Barry L. Thompson New Britain, CT Thomas Alan Rouse Donald Terrence Trinen Denver, CO Miles M. Gersh Richard Jonathan Seattle, WA Robert Jonathan Troberman Wayne James Shelby Tucker Jr. New Orleans, LA M. N. Grossel- Rossi Ana Maria Vidal Miami, FL Richard Nathan Friedman Maxim Howard Waldbau New York, NY William E. Pelton Gary Sherard Walker Atlanta, GA W. Roy Mays III Thomas Joseph Ward Washington, DC Gerald L. Lett Thomas D. Watry Atlanta, GA Michael J. Bowers Diane Pescor Weis Nashville,TN Hampton Stennis Little Jr. John H. West III Baltimore, MD Randall C. Coleman Joseph James White II New Orleans, LA John Robert Rebman June W. Wiener Cleveland,OH Reuben Goldberg Robert Harlin Wood Jr. Little Rock, AR Marion Steele Hays David Scott Wright Mobile,AL Alton Rives Brown Jr. Samuel Fiske Wright Springfield, VA Robert P. Visser Newell Eliphalet Wright Cheyenne, OK Donald Royse Elizabeth Yeats Portland, OR Daniel John Seiffer A

184 MONDAY. NOVEMBER 2, 1981

Applicant City and State Movant

John Francis Yetter Tallahassee,FL Joshua M. Morse III George W. Young Los Angeles, C Walter H. Young Admissions to the Bar on Oral Motions

Applicant City and State Movant

William Paul Beighle, II Seattle, WA Cathleen H. Douglas Jane Molner McCormmach Seattle, WA Cathleen H. Douglas Patrick Joseph Delchop Los Angeles, CA Edward Alan Woods William Morton Licker Los Angeles, CA Edward Alan Woods James Alan Rothstein Los Angeles, CA Edward Alan Woods Kenneth B. Newman New York, NY Leonard Toboroff Oral Argument

No. 80-767. United States, Appellant v. Edwin D. Lee. Argued by Mr. Lawrence G. Wallace for the appellant and by Mr. Francis X. Caiazza for the appellee.

No. 80-5727. Monty Lee Eddings, Petitioner v. Oklahoma. Argued by Mr. Jay C. Baker for the petitioner and by Mr. David W. Lee for the respondent. No. 80-203. Merrill Lynch, Pierce, Fenner & Smith, Inc., Petitioner v. J.J. Curran and Jacquelyn L. Curran. Argued by Mr. Richard P. Saslow for the petitioner, by Mr. Robert A. Hudson for the respondents, and by Mr. Barry Sullivan for the Commodity Futures Trading Commission as amicus curiae, by special leave of Court.

No. 80-757. New York Mercantile Exchange, et al, Petitioners v. Neil Leist, Philip Smith and Incomco:

No. 80-895. Clayton Brokerage Co. of St. Louis, Inc., Petitioner v. Neil Leist, Philip Smith and Incomco; and

No. 80-936. Heinold Commodities, Inc., et al., Petitioners v. Neil Leist, et al. Argued by Mr. William E. Hegarty for the petitioners in 80-757, by Mr. Gerard K. Sandweg, Jr. for the petitioners in 80-895 and 80-936, and by Mr. Leonard Toboroff for the respondents in each case. Adjourned until tomorrow at 10 o'clock. (JOURNAL) TUESDAY, NOVEMBER 3, 1981 185 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Blackmun, Justice Powell, Justice Rehnquist Jus- tice Stevens, and Justice O'Connor.

Oral Argument

No. 80-990. Clarence E. Cabell, etc., et al., Appellants v. Jose Cha- vez-Salido, et al. Argued by Mr. William F. Stewart for the appellants and by Ms. Mary S. Burdick for the appellees.

No. 80-1121. United States, Petitioner v. Joseph J. Clark, et al. Ar- gued by Mr. Alan I. Horowitz for the petitioner and by Mr. John I. Heise, Jr. for the respondents.

No. 80-1251. United States, Petitioner v. Vogel Fertilizer Company. Argued by Mr. Stuart A. Smith for the petitioner and by Mr. Ronald C. Jensen for the respondent.

No. 80-1349. Washington, Petitioner v. Neil Martin Chrisman. Ar- gued by Mr. Ronald R. Carpenter for the petitioner and by Mr. Robert F. Patrick for the respondent.

Adjourned until tomorrow at 10:00 o'clock. x

(JOURNAL) WEDNESDAY, NOVEMBER 4, 1981 187 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

Robert R. Nordhaus Washington, DC Robert J. Nordhaus Richard J. Hodgson Norristown, PA C. Clark Hodgson, Jr. Barry Martin Miller Norristown, PA C. Clark Hodgson, Jr.

Oral Argument

No. 80-327. Valley Forge Christian College, Petitioner v. Americans

United for Separation of Church and State, Inc., et al. One hour and twenty minutes allowed for argument. Argued by Mr. C. Clark Hodg- son, Jr. for the petitioner, by Mr. Solicitor General Rex E. Lee for the federal respondents in support of the petitioner, and by Mr. Lee Boothby for the non-federal respondents.

No. 80-419. Arizona, Petitioner v. Maricopa County Medical Society, et al. One hour and twenty minutes allowed for argument. Argued by Mr. Kenneth R. Reed for the petitioner, by Mr. Stephen M. Shapiro for the United States, as amicus curiae, by special leave of Court, and by Mr. Philip P. Berelson for the respondents.

No. 80-11. J. Gregory Merrion and Robert L. Bayless, etc., et al.,

Petitioners v. Jicarilla Apache Tribe, et al.; and No. 80-15. Amoco Production Company and Marathon Oil Company, Petitioners v. Jicarilla Apache Tribe, et al. Reargued by Mr. Jason W. Kellahin for the petitioners in 80-11, by Mr. John R. Cooney for the petitioners in 80-15, and by Mr. Robert J. Nordhaus and Mr. Louis F. Claiborne for the respondents.

Adjourned until Monday, November 9, 1981 at 10:00 o'clock. x

(JOURNAL) MONDAY NOVEMBER 9, 1981 189 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. 80-1942. A. R. Jago, Former Superintendent, Southern Ohio Correctional Facility, et al., Petitioners v. George D. Van Curen. 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. Respon- dent's motion for leave to proceed in forma pauperis is granted. Judg- ment of the Court of Appeals reversed and case remanded to the United States Court for the Sixth Circuit for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Opinion by Justice Blackmun concurring in the result. Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

Appeals—Summary Disposition

No. 80-1604. Donald C. Brockett, etc., Appellant v. Spokane Ar- cades, Inc., et al. Appeal from the United States Court of Appeals for the Ninth Circuit. The judgment is affirmed. Dissenting opinion by the Chief Justice with whom Justice Powell and Justice Rehnquist join.

No. 81-186. James A. McClure, United States Senator, Appellant v. Ronald Reagan, President of the United States and Abner J. Mikva. Appeal from the United States District Court for the District of Idaho. The judgment is affirmed. Justice Rehnquist took no part in the consideration or decision of this case.

No. 81-477. Donald M. Witte, Appellant v. Bar Committee of the Twenty-First Judicial Court, etc. Appeal from the Supreme Court of

Missouri. 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. 81-5422. William J. Crane, Appellant v. B. Ross, et al. Appeal 190 MONDAY NOVEMBER 9, 1981 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. 81-478. Stephen D.Rabideau, Appellant v. Attorneys Board of Professional Responsibility of Wisconsin. Appeal from the Supreme Court of Wisconsin. The appeal is dismissed for want of a substantial federal question. No. 81-524. Irene Johnson, as surviving spouse of Chester Johnson, Appellant v. Kerr-McGee Oil Industries, Inc. Appeal from the Court of Appeals of Arizona, Division Two. The appeal is dismissed for want of a substantial federal question.

No. 81-505. Joseph Caffiero, et ux., Appellants u. Board of Educa- tion of Piscataway Township, et al. Appeal from the Supreme Court of New Jersey. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice Stevens would note probable jurisdiction and set the case for oral argument.

81-533. Aetna Life and Casualty Company, et al. Appellants v. No. , Linda Young, et al. Appeal from the Superior Court of Connecticut, Fairfield 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. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-5433. Daniel D. Travis, Appellant v. Iowa, ex rel. Candy S. Bishop. Appeal from the Supreme Court of Iowa. The appeal is dismissed for want of jurisdiction.

No. 81-384. State Fair of Texas, Petitioner v. United States Con- sumer Product Safety Commission; and

No. 81-555. Steck & Stapf Attractions, Inc., Petitioner v. United States Consumer Product Safety Commission. The petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit granted. The judgment is vacated and the cases are remanded to the United States District Court for the Northern District of Texas with directions to dismiss as moot. United States v. Munsingwear, 340 U.S. 36 (1950).

Orders in Pending Cases

No. . Tiffany Construction Co., Inc., Petitioner v. Bureau of Revenue, State of New Mexico. The motion to direct the Clerk to file the petition for a writ of certiorari is denied. MONDAY NOVEMBER 9, 1981 191

No. 91 Original. State of California, Plaintiff v. State of West Vir- ginia. The motion for leave to file a bill of complaint 'is denied. Dissent- ing opinion by Justice Stevens. No. I>-239. In the Matter of Disbarment of Francis X. Fahy. Disbar- ment entered. No. D-243. In the Matter of Disbarment of Donald M. Witte. Disbar- ment entered.

No. D-252. In the Matter of Disbarment of Earl A. Rawlins. It is ordered that Earl A. Rawlins, 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-253. In the Matter of Disbarment of C. Lee Caldwell. It is ordered that C. Lee Caldwell, of American Fork, Utah, 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. 79-1738. Richard Nixon, Petitioner v. A. Ernest Fitzgerald; and No. 80-945. Bryce N. Harlow and Alexander P. Butterfield, Petition- ers v. A. Ernest Fitzgerald. The motion of Orrin G. Hatch, et al. for leave to file a brief as amici curiae is granted. The motion of National

Taxpayers Legal Fund, Inc. for leave to file a brief as amicus curiae is granted. The motion of Government Accountability Project of the Insti- tute for Policy Studies for leave to file a brief as amicus curiae is granted.

No. 80-1199. American Tobacco Company, et al., Petitioners v. John

Patterson, et al. The motion of petitioners for divided argument is granted. No. 80-1608. United States, Petitioners. Raymond Eugene Johnson.

The motion for appointment of counsel is granted and it is ordered that John F. Walter, Esquire, of Los Angeles, California, is appointed to serve as counsel for the respondent in this case.

No. 80-1765. American Society of Mechanical Engineers, Inc., Peti- tioner v. Hydrolevel Corporation. The motion of Stephen G. Glatzer, et al. for leave to file a brief as amici curiae is denied. The motion of Na- tional Commission for Health Certifying Agencies 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. The motion of National Fire Protection Association for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied. The motion of

Adolph J. Ackerman for leave to file a brief as amicus curiae is granted. 192 MONDAY NOVEMBER 9, 1981

No. 80-1925. United Transportation Union, Petitioner v. Long Island Railroad Company, et al. The motion of National Institute of Municipal Law Officers for leave to file a brief as amicus curiae is granted.

No. 81-547. David Diaz, et ux., et al., Petitioners v. Ronald Beyer, et ux. The motion of petitioners to strike portions of respondents' brief in opposition is denied.

Appeals—Jurisdiction Noted

No. 81-150. Northern Pipeline Construction Co. Appellant v. Mara- , thon Pipe Line Company and United States; and

No. 81-546. United States, Appellant v. Marathon Pipe Line Co., et al. Appeals from the United States District Court for the District of Minnesota. In these cases probable jurisdiction is noted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 81-349. Chicago Bridge & Iron Company, Appellant v. Caterpil- lar Tractor Co. , et al. Appeal from the Supreme Court of Illinois. The motion of Frank M. Keesling for leave to file a brief as amicus curiae is granted. In this case probable jurisdiction is noted. The case is set for oral argument in tandem with No. 80-1745, F. W. Woolworth Co. v. Taxation and Revenue Department of the State of New Mexico, and No. 80-2015, ASARCO Inc. v. Idaho State Tax Commission. Justice Powell and Justice O'Connor took no part in the consideration or decision of this motion and this case.

Certiorari Granted

No. 80-2116. William Archie Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 81-535. United States Department of State, et al., Petitioners v. The Washington Post Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. No. 81-202. National Association for the Advancement of Colored

People, et al., Petitioners v. Claiborne Hardware Company, et al. Peti- tion for writ of certiorari to the Supreme Court of Mississippi granted. The case is set for oral argument in tandem with No. 81-280, General Building Contractors Association, Inc. v. Pennsylvania, and related cases. Justice Marshall took no part in the consideration or decision of this petition. MONDAY NOVEMBER 9, 1981 193

No. 81-300. Ford Motor Company, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. Justice O'Con- nor took no part in the consideration or decision of this petition.

Certiorari Denied

No. 80-1770. Ralph D. Turlington, Commissioner of Education, State of Florida, et al., Petitioners v. S-l, a minor, by and through his mother and next friend, P-l, et al.; and No. 80-1791. James C. Edwards, Superintendent of Schools, Hendry County, Florida, et al., Petitioners v. S-l, a minor, by and through his mother and next friend, P-l, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-1903. Wm. Robert Whittaker, Petitioner v. Whittaker Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 80-1953. Fred Lee Doster, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 80-6787. Howard James Klobuchir, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 80-6846. Emmanual Curtis Crumb, Petitioner v. United States; and

No. 81-5130. Otis Lee Crumb, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 80-6942. Eugene Oliver Dirr, Jr., Petitioner v. Suzanne Dirr. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 81-130. Western Mining Council, et al., Petitioners v. James G. Watt, Secretary of Interior of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-171. Oesterlen Services for Youth, 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. 81-177. American Smelting and Refining Company, et al., Peti- tioners v. United Steelworkers of America, AFL-CIO, et al.; and Fed- erated Metals Corporation, etc., Petitioner v. United Steelworkers of

America, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 194 MONDAY NOVEMBER 9, 1981

No. 81-204. Truman Roberts, Petitioner v. United States;

No. 81-217. Bill Gene Morgan, Petitioner v. United States; and

No. 81-274. Idulfo Zavala-Pizano, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-305. Keith Brink, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-322. The First National Bank of Scotia, et al., Petitioners v. United States Department of the Treasury, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-329. Swansboro Country, Incorporated, Petitioner v. Lum- berman's Mortgage Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-378. Nicholas L. Warino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-381. Ramoco, Inc. and Ram Petroleums, Inc., Petitioners v. James G. Watt, Secretary of the Interior of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-464. Paul von Minden, Petitioner v. NUWES, Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-468. Missouri Public Service Company, Petitioner v. Charles

J. Fraas, etc., et al. Petition for writ of certiorari to the Court of Ap- peals of Missouri, Western District, denied.

No. 81-487. Frank L. Thomas, Petitioner v. S. S. Schwartz. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-489. Anthony Paul Russo, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 81-492. Robert Benson Payne, etc., Petitioner v. United States and William E. Lucas, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81—494. William L. Cahalan, Petitioner v. Sharon Walker, Per- MONDAY NOVEMBER 9, 1981 195 sonal Representative of the Estate of Lee Dell Walker. Petition for writ of certiorari to the Supreme Court of Michigan denied.

No. 81-511. Grady Allen Bradley, Petitioner v. Brion Corporation of

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

No. 81-515. City of Eastlake, et al., Petitioners v. Ohio Board of Building Standards, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-538. Warren G. Wells, Sr., Petitioner v. Sidney J. Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-539. California, et al., Petitioners v. Walter Madison Tuttle, et al. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

No. 81-544. Ronald R. Silverton and B. Silverton, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-553. Edwin F. Gordon, Petitioner v. John Heimann, United

States Comptroller of the Currency, et al.; and Edwin F. Gordon, Peti- tioner v. Board of Governors of the Federal Reserve System, et al.; and Edwin F. Gordon, Petitioner v. Securities and Exchange Commission, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-558. Anthony P. Mellon, Jr., Petitioner v. John F. Beasley Construction Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-562. Soso Liang Lo, Petitioner v. Equal Employment Oppor- tunity Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-563. Holiday Rambler Corp., Petitioner v. Norcom Division, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-567. Commission House Drivers Union Local No. 400, et al., Petitioners v. Alex Swackard. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-576. Eloise A. Jacobs, Petitioner v. College of William and

Mary, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 196 MONDAY NOVEMBER 9, 1981

No. 81-597. Lewis W. Poe, Petitioner v. 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. 81-632. Charles G. Moretto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-636. Robert N. Read, Petitioner v. J. Lynn Helms, Adminis- trator, Federal Aviation Administration. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 81-661. Arlene Sherer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-663. James H. Dennis, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-671. John T. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-687. Tommy Swarek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-690. John Joseph Cerrella, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-698c Francis G. Curcio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-5002. Clarence Edward Allen, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 81-5287. Raymond Jackson, Sr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5288. Thomas E. Durling, et al., Petitioners v. Edward J.

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

No. 81-5402. Charles J. Hughes, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. MONDAY NOVEMBER 9, 1981 197

No. 81-5403. Ronald Lee Litterell, Petitioner v. Oklahoma, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5409. Bobby Barrett, Petitioner v. North Carolina Depart- ment of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5410. Sylvia Behar, Petitioner v. Southeast Bank Trust Co., N.A., etc. Petition for writ of certiorari to the Supreme Court of Flor- ida denied.

No. 81-5411. Kenneth MitcheU, Petitioner v. W. J. EsteUe, 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. 81-5412. Hubert Hayes McDonald, Petitioner v. Gerrol

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

No. 81-5415. Alpha Otis O'Daniel Stephens, Petitioner v. Walter Zant, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5416. David Stribling, Petitioner v. Richard DeRobertis,

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

No. 81-5417. Vladimir Zatko, Petitioner v. United States District Court for the Southern District of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5418. Timothy Papp, Petitioner v. Arnold R. Jago, Superin- tendent, London Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5421. Jerome Wilson, Petitioner v. Eugene LeFevre, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-5423. Caleb Rafeal Beyah, aka Gregory Collins, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 81-5424. Louis A. Sweet, Petitioner v. Harold J. Smith, Superin- tendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5428. Vladimir Zatko, Petitioner v. U.S. District Court for the District of Massachusetts. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. 198 MONDAY NOVEMBER 9, 1981

No. 81-5432. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5436. Wilford G. Rogers, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 81-5439. Odell Hargrow Hill, 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. 81-5443. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5444. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5447. John Fox, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 81-5448. Ronald F. Jackson, Petitioner v. Sam P. Garrison, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5451. Ruchell Cinque MaGee, Petitioner v. George Deukmejian, Attorney General of California, et aL Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5452. James Dale Tanner, Petitioner v. Warden, Maryland Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5456. Raebeca Herron, Petitioner v. Pendleton, Sabian and Craft, et al. Petition for writ of certiorari to the Supreme Court of Colo- rado denied.

No. 81-5530. James F. Heimerle, Petitioner v. William French

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

No. 81-5535. Clifford S. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5542. Clifton L. Thomas, Petitioner v. Marion D. Strickland, Superintendent, Lorton Reformatory. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5543. Levon Arnez Pyles, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY NOVEMBER 9, 1981 199

No. 81-5546. Bobby Gene Gaddis, Petitioner v. Walter D. Zant, Su- perintendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-5548. Siva Yogi Shanmugadhasan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-5552. Gary Holt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5554. William Henry Hammonds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5556. Robert Gilbert Burroughs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5558. Thomas G. Doepel, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5561. Noel Harold Legendre, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5565. Thomas C. Lawson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5580. Selwyn Rudolph Ribeiro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5587. Roderick M. Greer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 80-6785. Joseph Robert Spaziano, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing opinion by Justice Marshall with whom Justice Brennan joins. Dis- senting opinion by Justice Blackmun.

No. 80-6819. James Curtiss McCray, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissent- ing opinion by Justice Brennan. Dissenting opinion by Justice Marshall.

No. 81-14. Louis Peraino, et al., Petitioners v. United States; and

No. 81-416. Anthony Battista and T. Anthony Arnone, Petitioners v. 200 MONDAY NOVEMBER 9, 1981

United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Brennan and Jus- tice Marshall would grant the petitions and reverse the convictions.

No. 81-97. A. 0. Smith Corporation, Petitioner v. Barrel C. Nottelson, et al.; and No. 81-323. Smith Steel Workers D.A.L.U. 19806, AFL-CIO, Peti- tioner v. Darrel C. Nottelson, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Jus- tice Brennan and Justice Marshall would grant certiorari.

No. 81-336. Consolidated Rail Corporation, et al., Petitioners v. In- terstate Commerce Commission, et al. Petition for writ 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 petition. No. 81-501. William D. Bontrager, Judge, Elkhart Superior Court

No. 2, Petitioner v. Supreme Court of Indiana, et al. The motion of

California Attorneys for Criminal Justice, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Su- preme Court of Indiana denied.

No. 81-559. Robert L. Bluemle, Petitioner v. N. K. Parrish, Inc. Pe- tition 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. 81-5035. Robert T. Truitt, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 81-5425. W. J. Pierce, Petitioner v. Volkswagen of America, Inc. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice O'Connor took no part in the consideration or decision of this petition.

Mandamus Denied

No. 81-531. In Re Phonetele, Inc., Petitioner. Petition for writ of mandamus denied. Justice O'Connor took no part in consideration or decision of this petition.

Rehearings Denied

No. 80-6757. Gary Lee McColpin, Petitioner v. Robert A. Atkins. Petition for rehearing denied. MONDAY NOVEMBER 9, 1981 201

No. 80-2166. Mary Taberoff, Petitioner v. Farmers Group, Inc., et aL;

No. 80-6544. McArthur Johnson, Petitioner v. Louisiana; No. 80-6826. In Re William McKnight, Petitioner;

No. 80-6862. Merle L. Royse, Petitioner v. Washington, et aL;

No. 80-6901. Leroy James Woods, Petitioner v. Doctor G. Neal, etc., et aL;

No. 81-5033. Ronald Ray McMillion, Petitioner v. Maryland;

No. 81-5078. Thomas Burnside, Petitioner v. Donald Wyrick, War- den;

No. 81-5163. Albert Mercer, Petitioner v. A. Washington, Jr., et aL; and

No. 81-5289. Clifford Dixon Noe, Petitioner v. United States. The petitions for rehearing are denied. Justice O'Connor took no part in the consideration or decision of these petitions.

Recess Order

The Court will take a recess from Monday, November 16, 1981, until Monday, November 30, 1981.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Birge Albright Brookline, MA David B. O'Connor Charles Earl John Arena Philadelphia, PA Raymond M. Victor Jeffery Lawrence Arnold Hinesville, GA Dennis Rex Hunt Thomas George Banjanin Pensacola, FL Judge Winston E. Arnow David Theodore Berg Miami, FL Samuel S. Smith Raul Betancourt Jr. Philadelphia, PA Henry Putzel Jr. Donald R. Bicknell Jr. North Palm Richard George Beach, FL Dytrych Charles Brandt Lafayette, LA J. Nathan Stansbury David Lawrence Bressman New York, NY George Berger Douglas S. Brierley Morristown, NJ Edward J. Farrell George A. Burks Houston, TX Delwin Dillon Fullen 202 MONDAY NOVEMBER 9, 1981

Applicant City and State Movant

Louis Clinton Burr Chicago, IL Lawrence H. Hunt Jr. Stewart J. Carrouth Tallahassee, FL Mallory Eli Home Linda E. Carter Salt Lake City, Burtis Marshall UT Dougherty Jr. Chester John Caskey Baton Rouge, LA Paul Harper Due Janet Boles Chambers Baton Rouge, LA William Charles Broadhurst Sidney P. Chapin Bakersfield, CA Thomas R. Davis Paul Ross Cherry Auburn, IN David A. Kruse son Chockley Jr. Cleveland, OH Paul W. Walter Alan David Cirker Washington, DC Steven Robert Semler Edward J. Connor Jr. Sacramento, CA Robert F. Carlson Michael M. Daniel Dallas, TX Edward B. Cloutman III E. Marcus Davis Atlanta, GA Mark Jeffrey Kadish David Allan Dietrich Albany, NY Stanley G. Walker Jr. Michael William Dundy Anchorage, AK Robert Nelson Sayler William Wallace Dunlap Jr. Memphis, TN James M. Manire Robert Patrick Wheeling, WV John Lyle Allen Fitzsimmons Sidney Allen Fitzwater Dallas, TX Morris Harrell Albert C. Foell Garden Grove, CA Jon David Railsback William Levern Fortin Plymouth, IN Lloyd Charles Wampler Margaret Beth Gussman Greenwich, CT Nicholas deB Freiberg Katzenbach Jerry N. Friedland Wayne, NJ Dennis W. Blake Bruce Darrow Gaither Tulsa, OK Andrew Thomas Dalton Jr.

Jack I. Gaither Tulsa, OK Andrew Thomas Dalton Jr. Lucian Gillis Jr. Mobile, AL Wm. Dewitt Reams MONDAY NOVEMBER 9, 1981 203

Applicant City and State Movant

Andrew R. Grainger Boston, MA Cornelius J. Moynihan Jr. Russell Coy Grimes Jr. Chicago, IL Patricia Rosen James Joseph Gross Washington, DC Barry Mayefsky Jay D. Gurmankin Salt Lake City, Richard W. UT Giauque Russell David Hall Oklahoma City, Thomas H. Tucker OK Richard Allen Hanson Seattle, WA Don S. Harnack William Robert Hart Newport Beach, Paul Wellington CA Wildman Peter Evans Hender Moorestown, NJ Arthur M. Ahalt Sue Jane Henry Washington, DC Stanley Robert Strauss J. Howard Hill Minneapolis, MN John Bernard McCarthy Lauren Susan Holland Eugene, OR James Cloyd Jagger Perlesta Arthur Little Rock, AR Wiley Branton Hollingsworth Sr. Gordon K. Hubel Los Angeles, CA Ellen S. Greenstone James E. Hullverson Jr. St. Louis, MO Michael Andrew Wolff Steven R. Jacob Miami, FL Anthony C. Musto Elizabeth Katherine Julian Dallas, TX L. N. D. Wells Jr. Joseph J. Kearney New Castle, PA Walter A. Keiler George S. King Albany, NY Sol Greenberg John H. Klock Newark, NJ John T. Dolan Henry Earl Lagman Birmingham, AL William Eason Mitchell Douglas L. Lashley Silver Spring, MD Stanley B. Frosh Timothy James Leathers Little Rock, AR James Richard Eads Jr. Walt Logan St. Petersburg, Albert C. Werly FL Christopher Lovell New York, NY Leonard Toboroff Charles Warren Mattson St. Paul, MN Thurl Melvin Quigley 204 MONDAY NOVEMBER 9, 1981

Applicant City and State Movant

H. Sloan McCloskey New Orleans, LA Steven 0. Medo Brian James McMahon Newark, NJ John T. Dolan Michael J. McNerney Fort Lauderdale, W. Michael FL Brinkley John Ford McWilliams Jr. Shreveport, LA Marshall Carl Rice William Joseph Mutryn II Washington, DC Joseph E. Casson Eduardo Ortiz San Juan, PR Eduardo Neville Colon Byron G. Petersen Miami, FL Albert G. Caruana Douglas Allan Pettis Providence, RI Ronald Henry Glantz Thomas Michael Place Carlisle, PA Christine Hunter Kellett James H. Porn Chicago, IL Terrence K. Hegarty Carlos M. Rivera-Vicente San Juan, PR Harry R. Nadal- Arcelay James Hayes Ryan North Palm Richard George Beach, FL Dytrych Don Ray Sampen Chicago, IL Philip W. Tone Lawrence J. Semenza Reno, NV John L. Conner Harry Olander Shaw III Charleston, SC Reese Irby Joye Jr. David J. Sheehan Newark, NJ John T. Dolan F. Larry Sinclair Roseville, CA James Daley Garbolino Gerald F. Slattery Jr. New Orleans, LA Max Nathan Jr. Berl S. Smith Jonesboro, AR John V. Phelps Fred Dempsey Smith Jr. Martinsville, VA Jackson L. Kiser Walter B. Stuart IV New Orleans, LA Max Nathan Jr. Lawrence L. Summers Chicago, IL Theophil Carl Kammholz Jane K. Swanson Huntsville, TX Robert B. O'Keefe John K. Tabor Washington, DC C. Roger Nelson James C. Tait Oregon City, OR Paul D. Schultz Alex F. Talbott Louisville, KY Walter J. Swyers Jr. Frank A. Taylor Omaha, NB William G. Campbell MONDAY NOVEMBER 9, 1981 205

Applicant Citv arid State Movant

William Barrett Taylor IV Tampa, FL William Barrett Taylor III M. William Tilden San Bernardino, Daniel Jeffrey CA Plaine Oliver John Trytell Maplewood, NJ Robert Sabin Zuckerman Nevin Van de Streek Minot, ND Mitchell Mahoney Bruce D. Varaer San Bernardino, Daniel Jeffrey CA Plaine James Edward Vlach Washington, DC George W. Beatty Richard J. Webber Washington, DC Matthew S. Perlman Robert Milton White Norfolk, VA Paul M. Lipkin

Tnlrn Pnilin \A/ 1 1 n q tyi c Nashville, TN J. T. Begley

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Brent Lee Motchan St. Louis, MO Robert N. Sayler Wayne Allen Palkovitz Fairfax, VA Cheryl Lynn Palkovitz Hepfer Alan B. Plevy Fairfax, VA Cheryl Lynn Palkovitz Hepfer Jason David Smolen Washington, DC Cheryl Lynn Palkovitz Hepfer Terry Ansnes Palo Alto, CA Ronald L. Olson Frederick Sexton Fields San Francisco, CA Ronald L. Olson Louise Ann LaMothe Los Angeles, CA Ronald L. Olson Robert Ted Parker San Francisco, CA Ronald L. Olson David Louis Sandborg San Francisco, CA Ronald L. Olson James William Creamer, Jr. Denver, CO Ronald L. Olson George Robert Oliver Jonesboro, GA Ronald L. Olson Henry L. Brinks Chicago, IL Ronald L. Olson Talivaldis Cepuritis Chicago, IL Ronald L. Olson Robert A. Clifford Chicago, IL Ronald L. Olson 206 MONDAY NOVEMBER 9, 1981

Applicant City and State Movant

Peter Burns Freeman Chicago, IL Ronald L. Olson Laurance Tyrone Jeffries Chicago, IL Ronald L. Olson T Nancy Lee Nesewich Chicago, IL rv-uiid,iu JLi Olson John Warren Thomas Chicago, IL Ronald L. Olson Frank Edward Tolbert Logansport, IN Ronald L. Olson Gregory Alan Troxell Indianapolis, IN Ronald L. Olson Kim Stephen Walker Logansport, IN Ronald L. Olson Bryan E. Nelson Overland Park, Ronald L. Olson KS Don Cawood Smith Harlan, KY Ronald L. Olson Douglas Stewart Carr Portland, ME Ronald L. Olson John R. Hoffman St. Paul, MN Ronald L. Olson

t-c Ann 1 /~\ T Robert T. White St. Paul, MN J_j. Olson John Henry Courch Long Beach, MS Ronald L. Olson T Dennis J. Drasco Newark, NJ nonaio. Li. Olson Robert E. Tait Columbus, OH Ronald L. Olson Peter Paul Zawaly, Jr. Cleveland, OH Ronald L. Olson Ronald Edward Stakem Oklahoma City, Ronald L. Olson OK H. B. Watson, Jr. Oklahoma City, Ronald L. Olson OK John Paul Kershner Lancaster, PA Ronald L. Olson Joan D. Lasensky Philadelphia, PA Ronald L. Olson Charlotte A. Knight Memphis, TN Ronald L. Olson John Paul Douglas Dallas, TX Ronald L. Olson Leo J. Driscoll Spokane, WA Ronald L. Olson Charles Francis Vulliet Seattle, WA Ronald L. Olson

Oral Argument

No. 80-1496. Underwriters National Assurance Company, Petitioner v. North Carolina Life and Accident and Health Insurance Guaranty

Association, et al. Argued by Mr. Theodore R. Boehm for the petitioner and by Mr. William S. Patterson for the respondents. No. 80-1431. In the Matter of R M.J Appellant. Argued by — — , Mr. Charles B. Blackmar for the appellant and by Mr. John W. Inglish for the appellee. No. 79-1618. Consolidated Freightways Corporation of Delaware,

Petitioner v. Raymond Kassel, et al. Argued by Mr. John H. Lederer for the petitioner and by Mr. Mark E. Schantz for the respondents. MONDAY NOVEMBER 9, 1981 207

No. 80-1082. Harold J. Smith, Superintendent, Attica Cor- rectional Facility, Petitioner v. William R. Phillips. Argued by Mr. Robert M. Pitler for the petitioner and by Mr. Wil- liam M. Kunstler for the respondent.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY, NOVEMBER 10, 1981 209 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

Susan R. Stockel Los Angeles, CA Francis J. Lorson

Opinions

No. 80-1070. Donna Ridgway and Prudential Insurance Company of America, Petitioners v. Hayley D. Ridgway, et ah On writ of certiorari to the Supreme Judicial Court of Maine. Judgment reversed and case remanded to the Supreme Judicial Court of Maine for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Powell with whom Justice Rehnquist joins. Dissenting opinion by Justice Stevens. Justice O'Con- nor took no part in the consideration or decision of this case.

No. 80-939. Federal Election Commission, Petitioner v. Democratic

Senatorial Campaign Committee, et al.; and No. 80-1129. National Republican Senatorial Committee, Petitioner Democratic Senatorial Campaign Committee. 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 consideration in conformity with the opinion of this Court. Opinion by Justice White. Concurring opinion by Justice Stevens.

Oral Argument

No. 80-5889. John Santosky, II and Annie Santosky, Petitioners v. Bernhardt S. Kramer, Commissioner, Ulster County Department of

Social Services, et al. Argued by Mr. Martin Guggenheim for the petitioners and by Mr. Stephen Scavuzzo for the respondents, pro hac vice, by special leave of Court.

No. 80-1345. Kaiser Steel Corporation, Petitioner v. Julius Mullins,

et al. Argued by Mr. A. Douglas Melamed for the petitioner, by Mr. Stephen J. Pollak for the respondents, and by Ms. Barbara E. Etkind for the United States as amicus curiae by special leave of Court. 210 TUESDAY, NOVEMBER 10, 1981

No. 80-1577. City of Mesquite, Appellant v. Aladdin's Castle, Inc. Argued by Mr. Elland Archer for the appellant and by Mr. Philip W. Tone for the appellee.

No. 80-1576. Princeton University and New Jersey, Appellants v. Chris Schmid. Argued by Mr. Nicholas deB. Katzenbach for the appellants and by Mr. Sanford Levinson for the appellee.

Adjourned until Monday, November 16, 1981 at 10 o'clock. x (JOURNAL) MONDAY, NOVEMBER 16, 1981 211 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. 80-2077. William Leeke, etc., et al., Petitioners v. Melvin Lee Timmerman, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Motion of respondents for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment reversed on the basis of the decision in Linda R.S. v. Richard D., 410 U.S. 614 (1973) and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Dissenting opinion by Justice Brennan with whom Justice Mar- shall and Justice Blackmun join.

Appeals—Summary Disposition

No. 81-68. Cindy Foret, Appellant v. United Gas Pipeline Company, Inc. Appeal from the United States Court of Appeals for the Fifth 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. 81-561. Frank William Gay, et al., Appellants v. Eighth Judicial

District Court of the State of Nevada, etc. , et al. Appeal from the Su- preme 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. 81-5164. Alfred M. Strickland, Appellant v. Baltimore City De- partment of Social Services. Appeal from the Court of Special Appeals of Maryland. 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. 81-616. William J. Gedeon, Appellant v. Carrolyn L. Gedeon, 212 MONDAY, NOVEMBER 16, 1981 etc. Appeal from the Supreme Court of Colorado. The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition

No. 81-134. Willie Powell, Petitioner v. Elizabeth Powell. On petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, Third Appellate District, for further consideration in light of McCarty v. McCarty, 453 U.S. (1981).

Orders in Pending Cases

No. A-362. Kentucky Association for Retarded Citizens, Inc., et al Applicants v. Peter Conn, Secretary, Kentucky Department for Human Resources, et aL The application for a stay of the order of the United States Court of Appeals for the Sixth Circuit, case No. 80-3560, entered

October 8, 1981, presented to Justice O'Connor and by her referred to the Court, is denied.

No. A-392. Donald E. Cantrell, et al., Applicants v. Florida. The application for stay addressed to Justice Marshall and referred to the

Court is denied.

No. A-414. Dewey Eugene Coleman, Applicant v. Montana. The application for stay of execution and enforcement of the sentence of death addressed to Justice Marshall and referred to the Court is denied. Justice Brennan, Justice Marshall, and Justice Stevens would grant the application. Justice Powell took no part in the consideration or decision of this application.

No. 80-1436. Malcolm Baldrige, Secretary of Commerce, et aL, petitioners v. Peter Shapiro, Essex County Executive; and

No. 80-1781. William H. McNichols, Jr., etc., et al., Petitioners v. Malcolm Baldrige, Secretary of the United States Department of Com-

merce, et al. The motion of petitioners in No. 80-1781 to divide oral argument with the respondent in No. 80-1436 is granted. No. 80-1640. United States Nuclear Regulatory Commission, et aL,

Petitioners v. Steven Sholly, et al.; and

No. 80-1656. Metropolitan Edison Company, et al., Petitioners v.

People Against Nuclear Energy, et al. The motion of petitioners to defer oral argument is granted.

No. 80-1924. Caspar W. Weinberger, Secretary of Defense, et al., Petitioners v. Anthony M. Rossi, et al. The motion of the parties to dispense with printing the joint appendix is granted. MONDAY, NOVEMBER 16, 1981 213

No. 80-2209. United States, Petitioner v. Albert Ross, Jr. The motion of the parties to dispense with printing the joint appendix is granted.

No. 81-213. Richard S. Schweiker, Secretary of Health and Human Services, Appellant v. George Hogan, et al. The motion for appointment of counsel is granted and it is ordered that William H. Simon, Es- quire, of Stanford, California, is appointed to serve as counsel for the appellees in this case.

AppeaWurisdiction Noted

No. 81-611. Globe Newspaper Company, Appellant v. Superior Court for the County of Norfolk. Appeal from the Supreme Judicial Court of Massachusetts. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-614. Danny L. Griffin, Petitioner v. Oceanic Contractors, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 81-622. Southern Pacific Transportation Co., Petitioner v. Com- mercial Metals Co. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. The motion of

Covenant House for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Court of Appeals of New York granted.

No. 81-389. Union Labor Life Insurance Company, Petitioner v. A. Alexander Pireno; and

No. 81-390. New York State Chiropractic Association, Petitioner v. A. Alexander Pireno. 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.

Certiorari Denied

No. 80-6825. John Wright, Petitioner v. E. Auston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-43. Annie Ray Odom, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 81-72. H.M. "Mike" Cannon, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. 214 MONDAY, NOVEMBER 16, 1981

No. 81-142. Gary Stankowski, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 81-235. Puget Sound Power & Light Company, Petitioner v. Federal Energy Regulatory Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-238. Tong Wook Moon, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lorain County, denied.

No. 81-289c Crown Simpson Pulp Company, et al, Petitioners v. Anne M. Gorsuch, Administrator, Environmental Protection Agency. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-359. Veronica Yuen, Petitioner v. Internal Revenue Service, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-405. Dorothy W. Wolfe, etc., et al., Petitioners v. Continental Casualty Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-435. Holiday Inn, Petitioner v. Holiday Inns, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81—458. National Bank of Commerce of San Antonio, Petitioner v. Secretary of Labor and Secretary of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-508. Edward M. Goldberg, Petitioner v. Medtronic, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-519. Walter Lee Keeter, Jr. and Bernard Thomas Bray, Peti- tioners v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-526. Thomas J. Jones, Petitioner v. Prudential Insurance

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

No. 81-529. Thomas R. Angel, et ux., Petitioners v. Superior Court of San Diego County, et al. (Louis H. Renn, et al., Real Parties in In- terest). Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied.

No. 81-550. David Guy Buttress, Petitioner v. Oklahoma. Petition MONDAY, NOVEMBER 16, 1981 215 for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-552. Reginald Tiru-Chelvam, Petitioner v. Veterans' Admin- istration Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-560. Dornier, A.G., and Dornier, GmbH, Petitioners v. Avonna L. Sweaney, Personal Representative of the Estate of Gary B.

Roberts, et al. Petition for writ of certiorari to the Superior Court of Alaska, Fourth Judicial District, denied.

No. 81-571. Fred G. Clark, Petitioner v. Shirley D. Payne. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-577. Citizens Committee to Save Historic Rhodes Tavern, Pe- titioner v. District of Columbia Department of Housing and Community

Development, et al. Petition for writ of certiorari to the District of Co- lumbia Court of Appeals denied.

No. 81-578. Leroy Ogle, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 81-579. Concord Instruments Corporation, Petitioner v. Pension

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

No. 81-580. Colgate-Palmolive Company, Petitioner v. United Roast- ers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-581. Georgia M. Beatty, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-582. Circle A & W Products 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. 81-588. Randy S. Kinkead, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 81-592. Alfred W. Mueller and Al Mueller Realty Company, Pe- titioners v. John J. Ruddy, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

No. 81-602. Molins Machine Company, Inc., Petitioner v. Rengo Co.

Ltd. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 216 MONDAY, NOVEMBER 16. 1981

No. 81-606. Davis & Cox, et al, Petitioners v. Eighth Judicial Dis- trict Court of Nevada, etc. , et al. Petition for writ of certiorari to the Supreme Court of Nevada denied.

No. 81-612. Sheila Masino, et al., Petitioners v. Outboard Marine

Corp., et al.; and Joanne Bubello, etc., Petitioner v. Paulada Taylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-627. Ashland-Warren, Inc., Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-628. Kimberly Anne Olpin, etc., Petitioner v. Owen C. Olpin. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied.

No. 81-643. Sten Thordarson, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-684. Lawrence Y, S. Au, 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. 81-695. Robert B. Bland. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-706. Mario Perez. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-709. Oliver W. Picketts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-725. Raymond C. Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-727. Lynn Johnston. Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-732. Linda Hill Walton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-737. James L. McFillin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, NOVEMBER 16, 1981 217

No. 81-5032. Bruce Barksdale, Petitioner v. Frank Blackburn, War- den, Louisiana State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5050. Michael C. Antonelli, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-5068. John Wesley Henson, 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. 81-5075. Hugh Delano Urdy, Petitioner v. Texas, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5080. Paul Edward Robinson, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 81-5125. Andre Loveman Jeter, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5140. Isaiah Maxie and Brian Pugh, Petitioners v. John Hey, Judge of the Circuit Court of Kanawha County, West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 81-5174. Solomon Leroy Rooks, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5175. Gerald M. Cuthbertson, et al., Petitioners v. CBS, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 81-5251. John Allen Minor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5254. Jan W. Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-5309. Johnny L. Edwards, Petitioner v. Sam P. Garrison, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5310. Jessie Lee Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5442. Ronald Veteto, Petitioner v. United States. Petition for 218 MONDAY, NOVEMBER 16, 1981 writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5453. Calvin Buchanan, Petitioner v. Dewey Sowders, Su- perintendent, Kentucky State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5457. Luis Padilla, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 81-5459. Julia P. Wilder, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-5463. David Perea, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5464. Robin LePage, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 81-5465. Theodore Lee, Jr., Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 81-5466. Maggie S. Bozeman, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-5469. Vladimir Zatko, Petitioner v. United States District Court for the Southern District of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5470. Leroy James Woods, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied.

No. 81-5471. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5472. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5476. Paul B. Owens, Petitioner v. Richard L. Thornburgh. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5479. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5480. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5481. Johnny A. Outlaw, Petitioner v. Michael P. Lane, Di- MONDAY, NOVEMBER 16, 1981 219 rector, Illinois Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5482. Gary White, Petitioner v. Donald W. Wyrick, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-5484. Earl Aldridge, Petitioner v. Ted Engle, Superinten- dent. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5490. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5491. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5492. Frank Sweeney, Petitioner v. Edward Stryjak, et al.; and Frank Sweeney, Petitioner v. Edward Stryjak, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5493. James Naum, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5494. Randy Pincheff, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 81-5495. Cayetano Valdes, Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5497. Samuel James Jackson, Petitioner v. R. M. Cousins, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5500. Edward Dean Christensen, Petitioner v. Commissioner of Internal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5501. Robert Breest, et al, Petitioners v. Everett I. Perrin,

Jr. , Warden. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5515. Sylvester Coleman, Petitioner v. John A. Marzulli, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5559. James Laws, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 220 MONDAY, NOVEMBER 16, 1981

No. 81-5577. Ralph R. Hall, Petitioner v. New York. Petition for writ of certiorari to the Court of Claims of New York denied.

No. 81-5581. John P. Maggard, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 81-5584. Albert Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5588. Willie Dias, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5589. Leroy Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5601. Patrick Gene Poland, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-5602. Gustavo Rosas-Montes and Betty Burlison, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5606. Levon Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5610. Clovis Carl Green, Jr., Petitioner v. C. W. Beaver,

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

No. 80-2005. Robert F. Walsh, Petitioner v. Ford Motor Company, et al Petition for writ of certiorari to the Court of Appeals of Ohio, Lo- rain County, denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 81-452. David L. Holton, Chief Investigator, Select Committee on Aging, U.S. House of Representatives, et al., Petitioners v. George

H. Benford. The motion of Thomas P. O'Neill, Jr. , 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. 81-480. Constance Kamberos, Petitioner v. GTE Automatic Electric, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting opinion by Jus- tice White with whom Justice Brennan and Justice Marshall join.

No. 81-517. Richard Switlik, et al., Petitioners v. Hardwicke Com- MONDAY, NOVEMBER 16, 1981 221 pany, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 81-573. David A. Johnson, et al., Petitioners v. Airline Pilots in the Service of Northwest Airlines, Inc., et al. Petition 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. 81-618. Donald Blinzinger, Administrator of Department of Pub- lic Welfare of Indiana, Petitioner v. Louise Bond, et al. The motion of respondents Louise Bond, 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 Seventh Circuit denied.

No. 81-646. Novack Investment Company, etc., et al., Petitioners v. Chester W. Setser. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Opinion by Justice Ste- vens respecting the denial of certiorari. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join.

No. 81-5324. Thomas Riley, Petitioner v. Gayle Franzen, Director,

Illinois Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Dissenting opinion by Justice Marshall.

No. 81-5407. Joseph Mulligan, Petitioner v. Walter D. Zant, Superin- tendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5483. Billy Woodard, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

Common Law Certiorari Denied

No. 81-5613. In Re Gerald Glen Boyden, Petitioner. Petition for writ of certiorari denied.

Mandamus Denied

No. 81-595. In Re Avabelle Baskett, et al., Petitioners; and No. 81-5458. In Re Royal F. Rucker, Petitioner. Petitions for writs of mandamus denied. 222 MONDAY, NOVEMBER 16. 1981 Rehearings Denied

No. 80-2033. Carlos Romero-Barcelo, et al., Petitioners v. Caspar W.

Weinberger, Secretary of Defense, et al.;

No. 81-164. City of Painesville, Ohio, Petitioner v. United States; and

No. 81-5318. D. L. Parrish, Petitioner v. City of Virginia Beach and Crown Development Corporation. Petitions for rehearing denied.

No. 80-1644. Florida, Petitioner v. Charles Hugh Brown;

No. 80-1986. Donald E. Distler, Petitioner v. United States;

No. 80-2090. William Glenn Prichard and Brian De Palma, Petition- ers v. United States;

No. 80-6578. McArthur Johnson, Petitioner v. Louisiana;

No. 80-6722. Cecelia M. Mason, Petitioner v. County of Worcester, et al.;

No. 80-6737. Francisco Cepero Alers, Petitioner v. City Govern- ment;

No. 80-6801. Marvin Crenshaw, Petitioner v. United States, et al.;

No. 80-6830. Willie A. Cole, Petitioner v. David Vincent, et al.;

No. 80-6861. Kenneth Norman Smith, Petitioner v. James H. Keet, Jr., Judge, Circuit Court of Greene County, Missouri;

No. 80-6906. James Lee Miller, Petitioner v. Caspar W. Weinberger,

Secretary of Defense, et al.;

No. 80-6937. L. D. Hilliard, Petitioner v. G. C. Wilkinson, et al.;

No. 81-104. Walter Blanton, Jr., et ux., Petitioners v. General Elec- tric Credit Corporation of Georgia;

No. 81-5003. Celeste Gold Broughton, Petitioner v. Robert B. Broughton;

No. 81-5197. Edward B. Lee, Petitioner v. United States Depart- ment of Labor, et al.; and

No. 81-5269. Nikola Kavaja, Petitioner v. United States; Petitions for rehearing are denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-6905. In Re Jirik Parez. Petition for rehearing and other relief is denied. Justice O'Connor took no part in the consideration or decision of this petition. MONDAY, NOVEMBER 16, 1981 223 Admissions to the Bar on Written Motions

Applicant City and State Movant

Carolyn Elizabeth Alden Philadelphia, PA Patrick Ryan Richard L. Anderson Kimberling City, Charles Dudley MO Martin Jeffrey Peabody Ayres Baltimore, MD Stanley G. Mazaroff Thomas Gregory Becea San Diego, CA Louis Edwin Goebel Vito Victor Bellino New York, NY Joseph Martin Weigman Steven Eric Breitman New York, NY Robert H. Straus Robert E. Bunce Galveston, TX George Douglas Martin Richard Kent Crandall Salt Lake City, Harold Graham UT Christensen John Wheadon DeGravelles Baton Rouge, LA Paul Harper Due James Dominic DeRose Westfield, NJ Philip A. Hutchinson, Jr Henry D. Dicum San Francisco, CA Lyman Henry Gerald Frank Ehrlich Cherry HiU, NJ Roger Wade Hughes John Henry Evans, Jr. Titusville, FL Robert J. Telfer, Jr. Richard Lloyd Flax Baltimore, MD Carl lee Nathanson Susan Jane Forney Harrisburg, Pa Allen C. Warshaw Thomas T. Gallion III Montgomery, AL Bruce Johnson Downey, III H. lawrence Garrett, III Springfield, VA Fred F. Fielding Martin C. Gideonse Cambridge, MA Dorian Bowman Marc D. Ginsberg Chicago, IL Irwin J. Askow James Edward Gorman Edwardsville, IL John L. Gilbert Robert L. Gossett Hollywood, FL Perry Walton Hodges, Jr. Jane Bilus Gould White Plains, NY Jonathan Lovett Gerald H. Grissom Dallas, TX Timothy R. McCormick Claude Meredith Hilton Arlington, VA Charles Stevens Russell James Clayton Jenkins Logan, UT Carl E. Malouf 224 MONDAY, NOVEMBER 16, 1981

Applicant City and State Movant

Charles Campbell Jensch St. Paul, MN John W. Petersen J. Alexander Johnson Baxley, GA Jasper H. Highsmith Lawrence Lewis Kotin Chicago, IL Dom J. Rizzi Joseph H. Kott Morristown, NJ Katharine J. Sweeney Ladd B. Leavens Seattle, WA Richard A. Derham Carl M. Lerner New York, NY Kevin Stephen Keating David R. Lipson San Francisco, CA Michael G. Millman Paul A. Manoff Boston, MA John Robert Holland Jon Griffith March Grand Rapids, MI Gordon Jay Quist Jack R. Maro Miami, Fl Stanley S. Stein David B. Maxwell Sevierville, TN Rufus Benjamin Hailey James Patrick McLaughlin Burlingame, CA James Andrew Miller Michael T. McMenamin Cleveland, OH Paul W. Walter Douglas Merritt Midgley Fort Myers, FL Lloyd G. Hendry George John Murfey La Jolla, CA Richard S. DuVal Victoria B. Naidorf Los Angeles, CA Karl Ray Slifer Christopher Gomez Chicago, IL Melvin Gaines Narcisse A. C. Nelson Brownsville, TX David Gray Hall Randal M. Patterson Big Spring, TX Richard Clay Milstead Richard Warren Rappaport Washington, DC Frank Schnidman R. Benjamine Reid Miami, FL Jos. W. Womack Thomas Adair Robinson Fayetteville, AR Eugene Gressman Alan Stuart Rutkcff Chicago, IL Howard L. Kastel J. Peter Shapire Seattle, WA Anne Ellison Mickey Stephen L. Shepard Springfield, MO Louren G. Davidson Michael McCormick Washington, DC Patricia A. Xeller Slingluff MONDAY, NOVEMBER 16, 1981 225

Applicant City and State Movant

Anthony T. Sortino Houston, TX Steven David Ross Teo C. Spengler Juneau, AK Wilson L. Condon Rodger D. Squires St. Paul, MN John W. Petersen R. Thomas Stinnett Knoxville, TX Harold B. Stone Howard C. Tarr San Diego, CA Robert L. Freeman F. Lloyd Tatum Henderson, TN Harold D. Rogers Emory C. Tell, III Fort Pierce, FL Rupert N. Koblegard, III David K. Udall Mesa, AZ Dale Rex Shumway Susan Roberta Wassterman Los Angeles, CA Charles Henry James Isabel Gates Webster Atlanta, GA Gary Sherard Walker Paul Anthony White Gladstone, MO Samuel P. Cowley Jaime Rene Wilczynski Vacaville, CA Rosalie Woods Green Robert V Wilder Philadelphia, PA Gary L. Hopkins Peter Christian Wolff Jr Honolulu, HI Brook Hart

Admission to the Bar on Oral Motion

Applicant City and State Movant

Arthur Mark Schwartzstein Washington, DC Cmer Forrest Brown, II John David Lavery Herndon, VA Launie M. Ziebell James Lawrence Cieslak Independence, OH Nicholas E. Phillips Dennis L. Feola Parma Heights, Nicholas E. OH Phillips Harold D. Graves Parma, OH Nicholas E. Phillips Gabrielle Gulyassy Kinkela Cleveland, OH Nicholas E. Phillips Robert Vincent Kinkela Cleveland, OH Nicholas E. Phillips 226 MONDAY, NOVEMBER 16, 1981

Applicant City and State Movant

Andrew Joseph Lukcso Cleveland, OH Nicholas E. Phillips David Lee Nobili Cleveland, OH Nicholas E. Phillips Gertrude E. Polcar Parma, OH Nicholas E. Phillips Lloyd Jerry Ramsey Cleveland, OH Nicholas E. Phillips Burt H. Sagen Parma, OH Nicholas E. Phillips Richard A. Senn Parma, OH Nicholas E. Phillips Robert John Sindyla Cleveland, OH Nicholas E. Phillips Kenneth Roy Spanagel Parma, OH Nicholas E. Phillips Thomas Blair Wilbur Cleveland, OH Nicholas E. Phillips Julius Solar San Mateo, CA Katherine Liacos Izzo Maurice A. Goldstein New Milford, CT Katherine Liacos Izzo Eric L. Gottschalk Danbury, CT Katherine Liacos Izzo Granville R. Morris East Lyme, CT Katherine Liacos Izzo Carol Dornseif Gold Washington, DC Katherine Liacos Izzo Mark Jonathan Miller Washington, DC Katherine Liacos Izzo Karin Blake Boston, MA Katherine Liacos Izzo William G. Bowers Needham, MA Katherine Liacos Izzo Joseph P. Boyle Bernardston, MA Katherine Liacos Izzo James E. Conroy Duxbury, MA Katherine Liacos Izzo a n

MONDAY, NOVEMBER 16, 1981 227

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228 MONDAY, NOVEMBER 16, 1981

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PCflthPT*lTiP LijJCOK Ronald M Rov WinslowT f IllOlU VV y MEITXiJ Izzo Keene NH Kathprinp Liacos Izzo

Malcolm Roy McNeill, Jr. Durham, NH XXMlWJliVlKatherineXXXVv Liacos Izzo

Evan W. Zwillman Irvington, NJ KatherineX A»C* tllvl XXXVs XJ1CVWULiacos Izzo

Robert Mario Benciven^ra Roslvn1VVU1 V lit NYA ^ A Katherine Liacos Izzo Susan Roberta Denburc New York NY Katherine Liacos Izzo

Jprrv S Goldman New York NY Xi.O.UilCIKathprinplilt LiacosUAUV/VU Izzo

Hue-h H Mo XNew1 VV YorkX V/X xYe NYX 1 X IkuUliClKathprinplilt LiacosA J ICiV. v'u Izzo Richard A. Newberg Monticello, NY Katherine Liacos Izzo

John Rowland Robinson Rve NY lkutllvlKathprinplilt X_iLiacosACiV^ W Izzo .To^PTih J Rvfln SR f^hatpancrav Kathprinp Liacos tj m Cxi kjxv. NY AVCl lilt XJACltV-lO o uocpii ivy , LilCl Izzo

Frances Rubens NewX 1 VV YorkX. v/X XX* XINYX, Katherine Liacos Schopnhach Izzo

AVUUvlRohprtL/ RlflkpmanXJ ldl&.t lllCil 1 SmithkJllllUXl NewX l v7 VV YorkX UI xx« XNY1 X X&.Cl>lvlltXKathprinplilt X_iLiacosACC V_* vl O Izzo Jack Wintprs Eichplbprtrpr Davton OH Katherine Liacos Izzo

TTarvpv F Strang liUlllOtUVVll^N^nwi^tnwn XPAxx. Xjb.ClLlltXKathprinplilt LiacosX^ilcltvJO Ty7n

OtlctlliitSnunnp OiiiiCilSmitVi StvjmQQO Lx clLloo Philadplnhiax llllctLICl^JIllct, xPAXI XYdLllClKatripvinplilt XJLiapnc:ACAV^wO

XZi/jU r^Vi^vlpQVyllcll lea OTnVinUllil xx.JUUL'iCliiAinntiJin Pi*nvi H pn pp T? T KatViprinpX\.& LUCI lilt XJlCltUOLiapnci \T7C\ F. Monroe Allen Providence, RI Katherine Liacos Izzo Harold Conrad Arcaro, Jr. Providence, RI Katherine Liacos Izzo MONDAY, NOVEMBER 16, 1981 229

Applicant City and State Movant

Edward L. Gnys, Jr. Providence, RI Katherine Liacos Izzo John A. MacDonald, Jr. Houston, TX Katherine Liacos Izzo Sylvia Clute Richmond, VA Katherine Liacos Izzo William R. Pollak McLean, VA Katherine Liacos Izzo Patricia Ann Clemens Los Angeles, CA Meredith P. Sparks Katherine S. Albrecht Greenwich, CT Meredith P. Sparks Mada Fraser Babcock Lake Wales, FL Meredith P. Sparks Debra Weiss Goodstone Miami, FL Meredith P. Sparks Linda C. Singer Miami, FL Meredith P. Sparks E. Catherine Kimmel Atlanta, GA Meredith P. Sparks Barbara Wentworth Root Niles, MI Meredith P. Roberts Sparks Miriam M. Reimel Bristol, PA Meredith P. Sparks Sheila Tobie Swan Lincoln, RI Meredith P. Sparks

Adjourned until Monday, November 30, 1981 at 10:00 o'clock. x

(JOURNAL) WEDNESDAY, NOVEMBER 18, 1981 231 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.

Appeal - Summary Disposition

No. 81-335. Sea Ranch Association, et al., Appellants v. California

Coastal Commission, et al. Appeal from the United States District Court for the Northern District of California. The judgment of the United States District Court for the Northern District of California is vacated. The case is remanded to that court in order that it may consider whether the case is moot in light of the enactment of California Public Resources Code Sec. 30610.6.

(JOURNAL) FRIDAY, NOVEMBER 27, 1981 233 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. 81-451. Ralph Hathorn, et al., Applicants v. Mrs. Bobby Lovorn, et al. The application to stay the election scheduled for December 5, 1981, presented to Justice White and by him referred to the Court, is denied. Justice Brennan, Justice Marshall, Justice Blackmun and Jus- tice Stevens would grant the application.

(JOURNAL) MONDAY, NOVEMBER 30, 1981 235 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."

Per Curiam

No. 81-271. Edward Cooper, City Attorney of Santa Ana, California,

Petitioner v. Mitchell Brothers' Santa Ana Theater, etc., et al. On petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District. Petition for writ of certiorari granted limited to question 2 presented in the petition. Judgment reversed and case remanded to the Court of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Dissenting opinion by Justice Stevens.

Appeals—Summary Disposition

No. 80-6692. William Durwood Busbee, Appellant v. Texas. Appeal from the Court of Criminal Appeals of Texas. The appeal is dismissed for want of jurisdiction.

No. 81-404. Court House Plaza Company, Appellant v. City of Palo

Alto, et al. Appeal from the Court of Appeal of California, First 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.

No. 81-467. Ford Motor Credit Company and Yates Ford, Inc., Ap- pellants v. Arnulfo R. Zapata. Appeal from the Supreme Court 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. Justice O'Connor took no part in the consideration or decision of this case. No. 81-488. Ford Motor Credit Company and Tradewinds Ford

Sales, Inc., Appellants v. Don B. Caskey, et al. Appeal from the Su- 236 MONDAY, NOVEMBER 30, 1981 preme Court 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. Justice O'Connor took no part in the consideration or decision of this case.

No. 81-589. Forrest McCluney, Appellant v. Jos. Schlitz Brewing Co. Appeal from the United States Court of Appeals for the Eighth Cir- cuit. The judgment is affirmed. Dissenting opinion by Justice Stevens.

No. 81-669. Shepherd Construction Co., Inc., et al., Appellants v.

Georgia. Appeal from the Supreme Court of Georgia. The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition

No. 80-2086. East Baton Rouge Parish School Board, et al., Petition- ers v. Knights of the Ku Klux Klan, Realm of Louisiana, 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 the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Equal Access to Justice Act, Pub. L. No. 96-481, Sec. 201-08.

Orders in Pending Cases

No. . Forty-Eight Insulations, Inc., Petitioners. Liberty Mutual Insurance Company and Travelers Indemnity of Rhode Island. The motion to direct the Clerk to file the cross-petition for a writ of certiorari is denied.

No. . Grand Traverse Area Sport Fishing Association, Peti- tioner v. United States, et al. The motion to direct the Clerk to file the petition for a writ of certiorari is denied.

No. A-309. Alex Melvin Wade, Jr., Applicant v. Texas. The application for bail addressed to the Chief Justice and referred to the Court is denied.

No. A-393. Carmine Romano, et al., Applicants v. United States. The application for bail addressed to Justice O'Connor and referred to the Court is denied. No. D-93. In the Matter of Disbarment of Jack Alan Hendler. Dis- barment entered.

No. D-254. In the Matter of Disbarment of Walter Carl Wencke. It is ordered that Walter Carl Wencke, of Del Mar, 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. MONDAY, NOVEMBER 30, 1981 237

No. 27 Original. State of Ohio, Plaintiff v. Commonwealth of Ken- tucky; and

No. 81 Original. Commonwealth of Kentucky, Plaintiff v. State of In- diana, et al. The motion of Dorothy Cole, et al. for leave to intervene is referred to the Special Master.

No. 65 Original. State of Texas, Plaintiff v. State of New Mexico. It is ordered that the order heretofore entered on November 11, 1975, which appeared in 423 U.S. 942, is amended to read as follows: It is ordered that the Honorable Jean Sala Breitenstein, Senior Judge for the United States Court of Appeals for the Tenth Circuit, 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 Master shall be allowed his actual expenses. 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. It is further ordered that if the position of Special Master in this case becomes vacant during a recess of the Court, the Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

The motion of the United States for leave to intervene is referred to the Special Master. (For earlier order herein, see 421 U.S. 927.)

No. 89 Original. State of California, ex rel. State Lands Commission, Plaintiff v. United States. The motion of the Solicitor General for judgment on the pleadings is set for oral argument in due course. The defendant shall have forty-five days within which to file the opening brief. The brief of the plaintiff shall be filed thirty days after receipt of the opening brief.

No. 80-702. United States, Petitioner v. State of New Mexico, et al. The motion of the Solicitor General to permit George W. Jones, Esquire to present oral argument pro hac vice is granted. No. 80-1538. James Plyler, Superintendent of the Tyler Independent

School District and its Board of Trustees, et al., Appellants v. J. and R.

Doe, etc., et al.; and 238 MONDAY, NOVEMBER 30. 1981

No. 80-1934. Texas, et al., Appellants v. Certain Named and Un- named Undocumented Alien Children, et al. The motion of appellants for divided argument is granted.

No. 80-1765. American Society of Mechanical Engineers, Inc., Peti- tioner u. Hydrolevel Corporation. The motion of ECOS Electronics Corporation for leave to file a brief as amicus curiae is granted.

No. 80-1832. Immigration and Naturalization Service, Appellant v.

Jagdish Rai Chadha, et al.;

No. 80-2170. United States House of Representatives, Petitioner v.

Immigration and Naturalization Service, et al.; and

No. 80-2171. United States Senate, Petitioner v. Immigration and

Naturalization Service, et al. The motion of the Solicitor General for divided argument and for additional time for oral argument is granted and an additional thirty minutes are allotted for oral argument.

No. 80-2177. Marjorie Lehman, etc.. Petitioner v. Lycoming County Children's Services Agency. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 81-440. Insurance Corporation of Ireland, Ltd., et al., Petition- ers v. Compagnie Des Bauxites de Guinee. The motion of respondent Compagnie Des Bauxites De Guinee to recall the writ of certiorari is denied.

No. 81-523. Container Corporation of America, Appellant v. Fran- chise Tax Board. The motion of appellant to note probable jurisdiction and to hear case in tandem with No. 81-349, Chicago Bridge & Iron Co. v. Caterpillar Tractor Co.: No. 80-2015, ASARCO, Inc. v. Idaho State Tax Commission; and No. 80-1745, F.W. Woolworth Co. v. Taxation and Revenue Department of New Mexico is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 81-5114. Delbert Lee Tibbs, Petitioner v. Florida. The motion for appointment of counsel is granted and it is ordered that Louis R. Beller, Esquire of Miami Beach, Florida, is appointed to serve as counsel for the petitioner in this case.

No. 81-5534. John E. Rennie. et al., Petitioners v. Ann Klein, Com- missioner, Department of Human Sendees, et al. The motion of petitioners for expedited consideration and to set case in tandem with No.

80-1417. Mills v. Rogers is denied.

Appeals—Jurisdiction Noted

No. 81-613. Joy Sporhase and Delmer Moss, etc., Appellants v. Ne- braska, ex rel. Paul L. Douglas. Attorney General. Appeal from the Su- preme Court of Nebraska. In this case probable jurisdiction is noted. MONDAY, NOVEMBER 30, 1981 239

No. 80-2162. Ramah Navajo School Board, Inc., et al., Appellants v. Bureau of Revenue of New Mexico. Appeal from the Court of Appeals of New Mexico. The motion of Navajo Tribe of Indians for leave to file a brief as amicus curiae is granted. In this case probable jurisdiction is noted.

Certiorari Granted

No. 80-1305. Alfred L. Snapp & Son, Inc., et al., Petitioners v. Puerto Rico, ex rel. Carlo S. Quiros, Secretary of Labor and Human Resources. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 80-2146. Florida, Petitioner v. Mark Royer. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, granted.

No. 81-497. Summit Valley Industries, Inc., Petitioner v. Local 112, United Brotherhood of Carpenters and Joiners of America. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 80-1012. Baxter Rice, Director, Department of Alcoholic Bever- age Control of California, Petitioner v. Norman Williams Company, et al.;

No. 80-1030. Bohemian Distributing Company, Petitioner v. Norman

Williams Company, et al.; and

No. 80-1052. Wine & Spirits Wholesalers of California, Petitioner v. Norman Williams Company, et al. The motion of United States Brew- ers Association for leave to file a brief as amicus curiae is case No. 80-

1012 is granted. The motion of Lloyd H. Robertson, etc., et al. for leave to file a brief as amici curiae in case No. 80-1012 is granted. The motion of Wine & Spirits Wholesalers of America, Inc. , et al. for leave to file a brief as amici curiae is granted. The petitions for writs of certiorari to the Court of Appeal of California, Third Appellate District, are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 80-2195. United States, Petitioner v. Learley Reed Goodwin. 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. 81-411. Jackson Transit Authority, et al., Petitioners v. Local Division 1285, Amalgamated Transit Union, AFL-CIO-CLC. The motion of American Public Transit Association for leave to file a brief as amicus curiae is granted. The motion of National Institute of Municipal

Law Officers for leave to file a brief as amicus curiae is granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. 240 MONDAY, NOVEMBER 30, 1981 Certiorari Denied

No. 80-1923. Tommie L. Fulks, Petitioner v. Avondale Shipyards,

Inc., et al.; and

No. 80-2135. Avondale Shipyards, Inc., Petitioner v. Tommie L.

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

No. 80-2027. Walter L. Boyd, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 80-2203. Clifford Y. Pierce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 80-6693. Lawrence K. Herron, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 80-6774. Michael Peter Stech, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 80-6925. William E. Christian, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-16. Earline Caldwell, et al., Petitioners v. Missouri, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-71. Robert D. Union, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-85. Darcly, Inc., Petitioner v. County of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Sec- ond Appellate District, denied. No. 81-125. Cardinal Federal Savings & Loan Association, Petitioner

v. Judy V. Davis, etc. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-215. Susan June Avery, Petitioner v. Maryland, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-222. Valero Energy Corporation, etc., Petitioner v. Sohyde Drilling & Workover, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, NOVEMBER 30, 1981 241

No. 81-311. City of Palm Beach Gardens, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-312. Crow Tribe of Indians, Montana, et al., Petitioners v. Environmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-352. Reginald A. Lewis, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-356. William Anderson, et al., Petitioners v. City of Northlake. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-371. Charles J. Carney, 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. 81-396. Lee Stoller Enterprises, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-398. Donald W. Riegle, Jr., Member, United States Senate, Petitioner v. Federal Open Market Committee, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-400. Margarita Salazar Juanes, et al., Petitioners v. South- western Public Service Company, et al.; and No. 81-609. New York Underwriters Insurance Company, Petitioner v. Margarita Salazar Juanes, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-402. William Soltero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-425. Fernando Francis and Clara Francis, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-438. Basic Bible Church of America, Chapter 8035, Petitioner v. County of Hennepin. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 81-447. City of Wichita Falls, Texas, et al., Petitioners v. Duward W. Stone. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 242 MONDAY, NOVEMBER 30, 1981

No. 81-472. Prince George's County, Maryland, Petitioner 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. 81-473. Ernest Billingsly, Petitioner v. Jimmy Vance, Clyde Taylor, Ernest Lambert and Donald Morris, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-481. L. C. Burnaman, Petitioner v. Lee Singleton. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Ninth Su- preme Judicial District, denied.

No. 81-486. Martins Ferry Hospital Association, Petitioner v. Na- tional Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-490. Anthony Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-521. Bechtel Corporation, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-530. Sam William Chernabaeff, Petitioner v. David R. Moss, et aL Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 81-542. Professional Air Traffic Controllers Organization, et al.,

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

No. 81-548. Koppers Company, Inc., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-569. Dorothy Cole, Petitioner v. United States, et aL Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-570. Terrell N. Roberts, III, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 81-584. Oreck Corporation, Petitioner v. Whirlpool Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-591. Joseph Freglette, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. MONDAY, NOVEMBER 30, 1981 243

No. 81-607. Louvert Weldon, Petitioner v. Delbert Hunt, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-608. Audrey C. S. Schlesinger, Petitioner v. Lawrence E. Schlesinger. Petition for writ of certiorari to the Court of Special Ap- peals of Maryland denied.

No. 81-621. Claude E. Taylor, et al., Petitioners v. Bob Graham, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 81-624. John E. O'Connell, et al., Petitioners v. Gordon

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

No. 81-629. Andrew Clark, Petitioner v. Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 81-635. Karen O'Connor, etc., Petitioner v. Board of Education of School District 23, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-640. Merton B. Berger, Petitioner v. North American Com- pany for Life and Health Insurance. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-641. Charles W. Dependahl, Jr., et al., Petitioners v. Paul Kalmanovitz. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-642. Bank of Montreal, Petitioner v. Thorhallur G. Olafsson. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-647. William Cammisano, Petitioner v. United States Senate Permanent Subcommittee on Investigations. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-648. Robert Amaan and Nelson Moses, Petitioners v. City of Eureka, Missouri, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-652. Robert H. Arnold, et ux., Petitioners v. CNA Financial Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-654. Daniel J. Supanick, Petitioner v. Evelyn Supanick. Peti- tion for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-655. A. Robert Mootz, Petitioner v. Katherine Mootz. Peti- tion for writ of certiorari to the Supreme Court of Texas denied. 244 MONDAY, NOVEMBER 30, 1981

No. 81-659. Joseph DeJames, Petitioner v. Magnificence Carriers,

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

No. 81-662. Edmund Allen Rosner, Petitioner v. Departmental Dis- ciplinary Committee for the First Judicial Department of the State of New York. Petition for writ of certiorari to the Appellate Division, Su- preme Court of New York, First Judicial Department, denied.

No. 81-665. Union Planters National Bank of Memphis, Petitioner v. J & C Color Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-668. Joseph C. Hofgesang Sand Company, Inc., Petitioner v. Louisville and Jefferson County Board of Zoning Adjustment. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-670. Peter Mark Jones, Petitioner v. Michael Taibbi, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-673. Eugene Sussli, Petitioner v. City of San Mateo, et al. Pe- tition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-674. James D. Griffin, etc., Petitioner v. George Arthur, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 81-678. Forty-Four Hundred East Broadway Company, Peti- tioner v. 4400 East Broadway. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-682. Donnie A. LeBlanc, Petitioner v. Petco, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-689. Grefco, Inc., Petitioner v. Kewanee Industries, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-696. J. E. Guertin Co. and Richard Howarth, Petitioners v.

Andrea Cachat, etc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 81-705. State Board of Equalization of the State of North Da- kota, et al., Petitioners v. Richard B. Ogilvie, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, NOVEMBER 30, 1981 245

No. 81-714. Phyllis M. Anderson, Petitioner v. Low Rent Housing Commission of Muscatine, Iowa, et al. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 81-715. Oswald M. Bradley and Carol L. Bradley, Petitioners v. J. F. Batte & Sons of Richmond, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-740. Hennessy Industries, Inc., Petitioner v. B & J Manufac- turing Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-744. Laka Tool and Stamping Co., Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-765. Franklin Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-780. Jasper D. Ackerman and Dean Krakel, Petitioners v. National Bureau of Standards and Ernest Ambler, etc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-793. Isaac N. Burchinal, Jr., Petitioners. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-820. Robert "Bobby" Taylor, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5037. Daniel Gary Fox, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5043. Kathy Kosinski, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Eleventh District, Geauga County, denied.

No. 81-5076. Clovis Carl Green, Jr., Petitioner v. Norman A.

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

No. 81-5090. George Johnson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. 246 MONDAY, NOVEMBER 30, 1981

No. 81-5112. George Rodgers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5121. Michael Olmo and Phillip Martinez, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5205. Emory A. Johnson, Petitioner v. Gary J. Hilton, Su- perintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5266. Thomas Burton Neal, Petitioner v. James R. Har- greaves, Circuit Judge of Oregon for the County of Lane. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 81-5274. Maxine S. Bagby, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5277. John Otis Cleveland, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied.

No. 81-5298. Roy Glen Swink, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5314. Robert Benedict, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5315. Anthel LaVan Brown, Petitioner v. Roger Crist, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5427* Robert J. Barden, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 81-5486. Charles Henry Chasteen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5498. Artis Fadee Johnson, Petitioner v. U.S. District Court for the Western District of Michigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5504. Joe Harry Galis, Petitioner v. Louie L. Wainwright,

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

No. 81-5506. Vladimir Zatko, Petitioner v. U.S. District Court for MONDAY, NOVEMBER 30, 1981 247 the Western District of Tennessee. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5507. Jessie D. McDonald, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division, denied.

No. 81-5508. Malcolm C. Souness, Petitioner v. Veterans Adminis- tration. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 81-5516. Edward A. Ganey, et al, Petitioners v. Ralph D. Ed- wards, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5518. Melvin Haywood, Petitioner v. Dennis Wolff, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5524. Frances Swinick, Petitioner v. Joel I. Bergman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5526. Gerald Ford Africa, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 81-5527. Ahmad Abdus-Sabur, Petitioner v. Julius T. Cuyler, Superintendent, State Correctional Institution, Graterford, Pennsylva- nia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5533. Thomas Lloyd Thomson, Petitioner v. California. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5536. Tommy Tucker, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 81-5537. Gordon C. Sphaler, Petitioner v. James T. Wainwright, Superintendent, Lawtey Correctional Institution. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 81-5539. Herbert Jordan Harris, 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. 81-5541. James Thomas Sutton, Petitioner v. Arnett W. Gaston, Director of the Camp System. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 248 MONDAY, NOVEMBER 30, 1981

No. 81-5544. Willie E. Lofton, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5545. Mary Lou Webb, Petitioner v. Alberto-Culver Com- pany, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5563. Carl Briscoe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 81-5568. In Re Vladimir Zatko, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit denied.

No. 81-5569. Vladimir Zatko, Petitioner v. United States District

Court for the Eastern District of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5570. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5571. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5572. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5574. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5579. James Christopher Couch, Petitioner v. Harold Black, Superintendent, Kentucky State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5582. Byron James Stevens, Petitioner v. Harry L. Allsbrook, Superintendent, Odom Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5583. Shephard Arnold Meggett, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Offender Rehabilitation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5586. Keith B. Davis, Petitioner v. Commissioner of Patents and Trademarks. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY, NOVEMBER 30, 1981 249

No. 81-5603. Elijah Coleman, Petitioner v. Alaska. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 81-5622. Frederick 0. Hinton, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5627. Richard P. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5630. Michelle Beach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-5637. Leon D. Wilkerson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5639. Richard Alan Reichard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5643. Roland V. Pitts, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5644. John Clayburn Hawkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5649. Lester J. Maxwell, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5653. Garrett Brock Trapnell, Petitioner v. William French

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

No. 81-5657. Jerome A. Knapp, Petitioner v. Steven Beshear, Attor- ney General of Kentucky. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5662. Luis Del Villar-Medina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5668. Cecil Franklin Green, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5673. James E. Ewell, Petitioner v. United States. Petition 250 MONDAY, NOVEMBER 30. 1981

for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 80-2152. Missouri, et al., Petitioners v. Craton Liddell, et al. The motion of respondents Craton Liddell, et al. for leave to proceed in forma pauperis is granted. The motion of Bayless School District, et al. for leave to file a brief as amici curiae is granted. The motion of School

District of City of Ladue of St. Louis County, Missouri, for leave to file a brief as amicus curiae is granted. The motion of North Kansas City, Missouri School District for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 81-113. Dewey Sowders, Superintendent, Kentucky State Peni-

tentiary, Petitioner v. Earl Wayne Wiley. 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. 81-568. Texas, Petitioner v. Larry Michael Myers. 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. 81-276. Julio Cesar Alvarado, Petitioner v. Inwood Panama, S.A. The motion of petitioner for leave to proceed as a seaman is granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-321. Colville Confederated Tribes, Petitioner v. Boyd Wal-

ton, Jr., et al.; and

No. 81-421. Washington, Petitioner v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Brennan and Justice White would grant certiorari. No. 81-587. James H. Ewing, Individually and as a Professional

Association, Petitioner v. Vernon E. Baumrind, Petition for writ of certiorari to the Supreme Court of South Carolina denied. Justice Brennan and Justice White would grant certiorari. No. 81-360. Atchison, Topeka and Santa Fe Railway Company, et

al., Petitioners v. John 0. Marsh, Jr., Secretary of the Army, et al. Pe- tition for writ 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 petition. MONDAY, NOVEMBER 30, 1981 251

No. 81-623. William Owens and Jean Owens, Petitioners v. Aetna Life & Casualty Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-666. Ruth Panter, et al., Petitioners v. Marshall Field & Co., et al. The motion of Marshall Field & Co. , et al. to strike brief of the Weiss respondents is denied. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Blackmun would grant certiorari. Justice White and Justice Stevens took no part in the consideration or decision of this motion and this petition.

No. 81-677. Minnesota Mining and Manufacturing Company, et al., Petitioners v. Velo-Bind, Incorporated; and

No. 81-681. Velo-Bind, Incorporated, Petitioner v. Minnesota Mining and Manufacturing Company, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. The Chief Justice and Justice Blackmun took no part in the consideration or decision of these petitions.

No. 81-753. Trans Tech, Inc., Petitioner v. Interdynamics, Inc., et al. The motion of petitioner to defer consideration of the petition for certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5408. Warren McCleskey, Petitioner v. Walter D. Zant, Su- perintendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5523. Paul Ruiz and Earl Denton, Petitioners v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Dissenting statement by Justice Brennan and Justice Marshall.

Habeas Corpus Denied

No. 81-5393. In Re Robert W. Bradsby, Sr., Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 81-5520. In Re Jack A. Griffith, Petitioner. Petition for writ of mandamus denied. No. 81-5600. In Re William D. Paul, Petitioner. Petition for writ of mandamus and/or prohibition denied. 252 MONDAY, NOVEMBER 30, 1981 Rehearings Denied

No. 80-2106. General Atomic Company, Petitioner v. United Nuclear Corporation; and General Atomic Company, Petitioner v. United Nu- clear Corporation;

No. 80-6514. Samuel Hawkins, Petitioner v. Texas;

No. 80-6610. Marvin Edwin Johnson, Petitioner v. Florida;

No. 80-6671. Shirley Tyler, Petitioner v. Georgia;

No. 80-6786. Robert Strickland, Petitioner v. Georgia;

No. 80-6839. Nathen Brown, Petitioner v. Georgia;

No. 80-6844. Buddy Earl Justus, Petitioner v. Georgia;

No. 81-5227. George Lamore, Petitioner v. Inland Division of Gen- eral Motors Corporation, et al.;

No. 81-5328. Peter R. Johl, Petitioner v. Actors' Equity Association, et al.; and

No. 81-5440. Clovis Carl Green, Jr., Petitioner v. Norman A.

Carlson, Director, Federal Bureau of Prisons, et al. Petitions for rehearing denied.

No. 80-2014. Carroll Samara, Petitioner v. United States;

No. 80-2055. Letcher T. White, Petitioner v. United States;

No. 80-2061. Richard J. Rome, Petitioners. Kansas, exrel. Commis- sion on Judicial Qualifications;

No. 80-2113. J. W. Bateson, Inc., Petitioner v. United States;

No. 80-2186. John E. Boyd, Petitioner v. Western Electric, John D. DeButts and Theodore G. Clark;

No. 80-6364. Byron J. Stevens, Petitioner v. Mable Kirkpatrick;

No. 80-6624. Betty O. Muka, Petitioner v. Kenneth H. Cohn, et al.; and Betty O. Muka, Petitioner v. James T. Foley, et al.;

No. 80-6696. Millicent Linden, Appellant v. David Fox, et al.; and

No. 81-5143. Millicent Linden, Appellant v. Dial Press, et al.;

No. 80-6710. John A. Frazier, Petitioner v. Commissioner of Internal Revenue;

No. 80-6831. Howard Scott, Petitioner v. Small Business Adminis- tration;

No. 80-6945. Bruno P. Kerner, Petitioner v. H. Katharina Haelsig, etc.;

No. 81-18. Perry Edward Woolridge, Petitioner v. Kentucky; MONDAY, NOVEMBER 30, 1981 253

No. 81-131. Quinn-Moore, et aL, Appellants v. Beverly J. Lambert, etc., et aL;

No. 81-145. John G. Todd, Petitioner v. United States;

No. 81-163. Raymond R. Lyon, et aL, Petitioners v. California, et aL;

No. 81-182. Tahoe Shorezone Representation, Petitioner v. Califor- nia, et aL;

No. 81-5004. Dominic J. Ford, Petitioner v. Ruggero J. Aldisert, et aL; No. 81-5095. In Re Nathaniel Sims, Petitioner;

No. 81-5116. Joseph Marion Chandler, Sr., Petitioner v. Eugene Clark Cochran, et aL;

No. 81-5149. Clovis Carl Green, Jr., Petitioner v. Donald Allen, et aL;

No. 81-5150. Clovis Carl Green, Jr., Petitioner v. Warden, Federal Correctional Institution, Talledaga, Alabama, et aL;

No. 81-5293. Clovis Carl Green, Jr., Petitioner v. Everett Perrin, Warden, et aL;

No. 81-5294. Clovis Carl Green, Jr., Petitioner v. Warden, U.S. Pen- itentiary, et aL;

No. 81-5161. Rodney B. Caulton, Petitioner v. Hospital of the Good Samaritan; and

No. 81-5176. Kenneth Brett Quarterman, Petitioner v. Kenneth D.

Quarterman, et al. Petitions for rehearing denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 80-2119. Charles D. Cronen, Petitioner v. City of Galena Park, Texas. The motion of petitioner to proceed further herein in forma pauperis is granted. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition.

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 Seventh Circuit beginning February 24, 1982, and end- ing February 26, 1982, 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. 254 MONDAY, NOVEMBER 30, 1981 Admissions to the Bar on Written Motions

Applicant City and State Movant

Paul R. Anapol Philadelphia, PA Francis E. Marshall Robert H. Andrews Springfield, MA Gregory Thorpe Schubert George William Atlanta, GA Ruby Carpio Bell Armbrister, Jr. Lawrence J. Augustine El Paso, TX Mario J. Martinez John Lewis Aulvin Mt. Carmel, IL C. William Fechtig Mary Theresa Ball Nashville, TN Patricia Saik Michael Bruno Bassi San Francisco, CA Richard George Krenz Clinton R. Batterton Washington, DC Owen M. Johnson, Jr. William A. Baxter Atlanta, GA Lewis Rhea Baxter Albert J. Beaumier Springfield, MA John A. Odierna J. Currie Bechtol Houston,. TX Thomas R. McDade Egon E. Berg New York, NY Marie V. Driscoll Carolyn Berger Wilmington, DE Fred S. Silverman Charles Douglas Bethill New York, NY Russell E. Brooks Thomas Louis Bloxham Oakland, CA Judge Marie Bertillion Collins Gary L. Blume Tuscaloosa, AL Paul E. Skidmore David C. Brezina Chicago, IL John Charles Brezina Roy M. Brisbois Los Angeles, CA Howard M. Jaffe Robert J. F. Brobyn Philadelphia, PA Stanley Seymour Frazee, Jr. Thomas Lee Brooks Beaufort, SC F. Mikell Harper Bren L. Buckley Lincoln, NB Douglas F. Duchek Mark A. Buckstein New York, NY Barry J. Mandel Edward Philip Bush, III Dallas, TX Robert C. Taylor William 0. Can- Bel Air, MD Stanley Getz Robert Allen Chaffin Houston, TX A. J. Watkins MONDAY, NOVEMBER 30, 1981 255

Applicant City and State Movant

Helen Davis Chaitman New York, NY Lewis A. Kaplan Alfred Winston Clark, Jr. Tallahassee, FL Silvia Morell Alderman Michael W. Coffield Chicago, IL William Joseph Linklater Algia R. Cooper Pensacola, FL Theorphilus James Rose John P. Courtney Amagansett, NY Thomas A. Palmer Donna E. Cox Oklahoma City, Finis W. Smith OK Susan Elizabeth Craig Washington, DC Felix Von Baxter Marion James Criag, III Hereford, TX James W. Witherspoon Eben G. Crawford Cleveland, OH James Paul Murphy Phillip S. Deisch Little Rock, AR Russell Reinmiller Francis Xavier Dorrity Jersey City, NJ Edward J. Plaza Buddy Ray Dossett Harlingen, TX Orrin Wendell Johnson Thomas J. Dowdalls San Francisco, CA Robert V. Magor Nancy Carol Dreher Minneapolis, MN Allen Irving Saeks Gerald S. Duffy Saint Paul, MN John W. Petersen Steven Lawrence Dylina Burlingame, CA Bruce Albion Bailey Lawrence Howard Feder Hallandale, FL Allen Meller Shore John H. Feldmann, III San Francisco, CA Robert V. Magor Kathleen Ellen Fenwick Houston, TX Hugh Massey Ray, Jr. Yale Taitz Freeman Miami, FL Bruce Lewis Randall Robert Bacon Frieberg Beresford, SD Lee Michael McCahren Jo Anne Friedman Seattle, WA Michael David Sandler Norman Thomas Funk Indianapolis, IN Clarold Lawrence Britton Milton Alvin Galbraith, Jr. Boca Raton, FL Donald H. Reed, Jr. 256 MONDAY, NOVEMBER 30, 1981

Applicant City and State Movant

Charles G. Gale Southfield, MI Sheldon Murray Meizlish Frederick Evans Garrick Columbia, SC Joe F. Lassiter, Jr. Ronald E. Ginsberg Savannah, GA Walter Brooks Stillwell, III Marsha Bacon Glover White Plains, NY Jonathan Lovett Ivan Lewis Gold Portland, OR Charles Allan Hart, Jr. Michael E. Goldstein Memphis, TN Jay Alan Hanover Stuart W. Graham Boston, MA John A. Dziamba John William Griffin Alexandria, VA John Murray Nannes Dennis M. Grzezinski Milwaukee, WI Robert Douglas Scott Rosemarie Haigazian Edgartown, MA Philip E. Morin Robert L. Hallman Columbia, SC Matthew J. Perry Steven W. Halvorson West Palm Beach, Edna Louise FL Caruso David B. Hamm Brooklyn, NY Herbert Rubin Ben B, Hardy Louisville, KY Henry Armstrong Triplett James Briggs Harris Dallas, TX George Camp Chapman Dennis Michael Hart Washington, DC John Alfred Terry Michael R. Hauptman Atlanta, GA Robert J. Noland Leonard J. Haxby Butte, MT R. Lewis Brown, Jr. C. Robert Heath Austin, TX John L. Hill Gerald T. Herscopf New York, NY Jocke Shelby Stevenson John R. Hetland Berkeley, CA Paul; J. Mishkin David J. Hoffman Pontiac, MI Robert Lewis Templin, Jr. Mark L. Hoffman Shaker Heights, Marvin Harold OH Hersch Roger E. Holl Kenai, AK Richard Arthur Weinig MONDAY, NOVEMBER 30, 1981 257

Applicant City and State Movant

Nancy Hollander Albuquerque, NM John Lloyd Walker Robert D. Holmes Columbus, Oh Bernard Cohen Thomas O'Dell Huckaby Wichita Falls, TX William Kean Altman G. Brockett Irwin Longview, TX Embree Charles Bedsole Randall Brian Jacobs Los Angeles, CA Philip S. Kaufman Robert Victor Jensen Lacey, WA Robert Morgan McDonald William Gerard Jungbauer Minneapolis, MN Irving Nemerov Philip Joel Karlin Los Angeles, CA Gail B. Melom Michael J. Karson Chicago, IL James R. Bryant, Jr. Alvin Lamar Keel Bloomfield Hills, Elbert L. MI Hatchett Darrell D. Kellogg Wichita, KS William A. Kahrs James Braxton kelly North Las Vegas, Richard C. Minor NV Virginia Ruth Klette Cincinnati, OH Michael John Ladino Julius N. Konschak Atlantic City, NJ Elwood F. Kirkman Wendy Krakauer Seattle, WA Richard H. Holmquist Howard A. Kusnick Sunrise, FL Jacquin David Bierman James Patrick Logan Birmingham, AL J. Ross Forman, III Cathy C. Lowe Lexington, KY James A. Shuffett Ronald William Lyster Beverly Hills, CA Michael Ward Frye Roger Charles Malm Hallock, MN Garry Allan Pearson Duncan Y. Manley Birmingham, AL Al G. Rives Janet Kay Margrave Omaha, NB Philip T. Goldstein Richard P. Markey Washington, DC Michael J. Riselli Scott Alan Mayer Chicago, IL Michael Haley Bader 258 MONDAY, NOVEMBER 30, 1981

Applicant City and State Movant

F. Timothy McAbee Birmingham, AL L. Drew Redden Stephen Paul McCarron Silver Spring, MD Charles Stanely Sures Frank H. McCarthy Tulsa, OK Leslie R. Earl, Jr. Dermot S. McGlinchey New Orleans, LA John E. Galloway Thomas J. McGoldrick Philadelphia, PA Roger D. Susanin Kenneth Stephen Medzie Wallingford, PA Joseph W. DeFuria Theodore Greene Meeker Honolulu, HI Michael Alexander Lilly G. Fred Metos Salt Lake City, David Charles UT Biggs John Douglas Meyer Riverside, CA Maurice C. Sherrill Vernon Cecil Miller, Jr. Philadephia, PA Richard W. Palmer H. Victor Millner, Jr. Chatham, VA Jackson Lintecum Kiser Ronald S. Moening Toledo, OH John M. Curphey James VanDoorn Morgan New York, NY Stanley M. Berman Gerald M. Morris Fort Lauderdale, Robert M. Curtis FL Duane L. Nelson Modesto, CA Frank C. Damrell, Jr. John J« Nesius Charleston, WV Charles C. Wise, Jr. Reid Scott Neuman Chicago, IL Edward Arthur Berman Jon P. Newton Austin, TX Edward Aubrey Clark A. J. Noble, Jr. Birmingham, AL J. Ross Forman, III John Berry Norton Washington, DC Robert Scott Gardner Terrance D. O'Hare Omaha, NB Robert D. Mullin Richard Stephens Odom Los Angeles, CA David Julian Brown MONDAY, NOVEMBER 30, 1981 259

Applicant City and State Movant

Frederick Albin Orehek Chicago, IL Anthony Edward Young Donald Fenton Overdyke, Shreveport, LA L. Edwin Greer III Joseph A. Pacella Longmeadow, MA John A. Odierna Nelson Gregory Page Anchorage, AK Theodore M. Pease, Jr. Terry Vincent Percy Miami, FL Mikele S. Carter Philip R. Placier San Francisco, CA John Douglas Carter Charles Stephen Poulos Marysville, CA William Thomas Richert George P. Powell Edinburg, TX David Gray Hall Florence Schreiber Powers Philadelphia, PA John P. McConnell George Harvey Pretty, II Greenville, SC Morris D. Rosen Sylvia Lee Rainey Sunnyvale, CA Craig T. Othmer James T. Reed, Jr. Memphis, TN James M. Manire Joel M. Ressler Harrisburg, PA Louis J. Rovelli Randal William Roberts Albuquerque, NM Le Roi Farlow David Myles Robinson Honolulu, HI Hyman M. Greenstein Frank J. Ross, Jr. Kansas City, MO. Lonnie J. Shalton Alan L. Rupe Wichita, KS William A. Kahrs Sabre Anthony Safi El Paso, TX William J. Mounce Randall L. Sarosdy Washington, DC Daniel Joseph James R. Saul Richmond, VA Jim Lai Chin Otto F. Schug Columbus, IN Lee H. Hamilton Larry J. Schwertner Lake Jackson, TX Elizabeth L. R. Armstrong Richard C. Senker Devon, PA John Domenico Maida Norman Paul Shanley Sacramento, CA Hal David Bartholomew Charles Anthony Shaw Prescott, AZ Mark N. Goodman James Crawford Shaw Oklahoma City, Thomas C. Smith, OK Jr. Mary Ellen Shoemaker Fort Lauderdale, Charles S. Dale, FL Jr. 260 MONDAY, NOVEMBER 30, 1981

Applicant City and State Movant

Jack Paul Showers Lafayette, LA Thomas Eric Guilbeau Scott Eric Silbert New Orleans, LA John E. Galloway Benjamin Harry Beryll Sley Houston, TX John E. Kennedy Joyce Harrison Smith Fountain Valley, Philip A. Putman CA Robert H. Smith Amarillo, TX Howard F. Saunders Peter R. Spanos Atlanta, GA David R. Hendrick Russell John Speidel Manchester, NH Richard B. McNamara Clifford M. Spencer, Jr. Birmingham, AL Winston B. McCaU Reginald David Steer San Francisco, CA Robert Myers Westberg Thomas Paul Stitt Easton, PA Franklin Stuart VanAntwerpen Gary D. Stumpp New York, NY Peter Megaree Brown Adolph Harold Swimmer Atlanta, GA Albert M. Horn Larry Dean Tannerbaum Denver, CO Sheila Harriet Varon Meer Charles Edison Taylor Columbus, OH Stewart R. Jaffy Douglas Taylor Washington, DC Mark A. Rosen Marc E. Thomas Detroit, MI Carl L. Gromek Claude Hines Tison, Jr. Tampa, FL Chester H. Ferguson

Laurence I, Tomar Trenton, NJ Jerrold Kamensky David L. Tornga Birmingham, MI Paul Louis Nine James A. Tuck Detroit, MI Ernest Goodman Michael Bennett Udell North Miami William A. Cain Beach, FL Ann Margaret Veneman Modesto, CA Michael Cramer Normoyle Arne D. Wagner San Francisco, CA John Douglas Carter Donald R. Ware Boston, MA Hans F. Loeser Charles Francis Waskevich, Branford, CT James Francis Jr. Murphy MONDAY, NOVEMBER 30, 1981 261

Applicant City and State Movant

Joel Michael Weissman West Palm Beach, Steven Ruffner FL McCain W. Allan Williams Gulf Shores, AL John Joseph Kelleher Elijah Bragg Williams, III Poplarville, MS Theodore A. Mars, Jr. Daniel James Woods Los Angeles, CA Robert S. Daggett Michael Edwind Zealy Fort Lauderdale, Robert M. Curtis FL Joel Zeldin San Francisco, CA Richard C. Dinkelspiel Barry Lewis Zimmerman Atlanta, GA John Walter Folsom

Admission to the Bar on Oral Motion

Applicant City and State Movant

Brenda Joyce Hamer Washington, DC Robert Steven Mirin Oral Argument

No. 79-1738. Richard Nixon, Petitioner v. A. Ernest Fitzgerald; and No. 80-945. Bryce N. Harlow and Alexander P. Butterfield, Peti- tioners v. A. Ernest Fitzgerald. One hour and twenty minutes allowed for oral argument. Argued by Mr. Herbert J. Miller, Jr. for petitioner Nixon, by Mr. Elliot L. Richardson for petitioners Harlow and Butterfield, and by Mr. John E. Nolan, Jr. for the respondent.

No. 80-5887. Richard H. White, Petitioner v. New Hampshire De- partment of Employment Security, et al. Argued by Mr. E. Richard Larson for the petitioner and by Mr. Marc R. Scheer for the respondents.

No. 80-1188. James Edgar, Appellant v. Mite Corporation and Mite Holdings, Inc. One hour and thirty minutes allowed for oral argument. Argued by Mr. Russell C. Grimes, Jr. for the appellant, by Mr. Eugene D. Berman for the State of New York as amicus curiae, by special leave of Court, by Mr. Richard W. Hulbert for the appellees, and by Mr. Stephen M. Shapiro for the S.E.C. as amicus curiae, by special leave of Court.

Adjourned until Tuesday, December 1, 1981 at 10 o'clock. x

(JOURNAL) TUESDAY, DECEMBER 1, 1981 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.

Opinions

No. 80-1464. James G. Watt, Secretary of the Interior, et aL, Peti- tioners v. Energy Action Educational Foundation, 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 United States Court of Appeals for the District of Columbia Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Jus- tice O'Connor.

No. 80-427. Fair Assessment in Real Estate Association, Inc., et al., Petitioners v. Gene McNary, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Rehnquist. Opinion by Justice Brennan concurring in the judgment with whom Justice Marshall, Justice Stevens and Jus- tice O'Connor join.

No. 80-1377. Caspar W. Weinberger, Secretary of Defense, et al.,

Petitioners v. Catholic Action of Hawaii/Peace Education Project, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed and case remanded to the United States Court of Appeals for the Ninth Circuit with instructions to reinstate the judgment of dismissal entered by the United States District Court for the District of Hawaii. Opinion by Justice Rehnquist. Opinion by Justice Blackmun concurring in the judgment with whom Justice Brennan joins.

Oral Argument

No. 80-1538. James Plyler, Superintendent of the Tyler Independent

School District and its Board of Trustees, et al., Appellants v. J. and R.

Doe, etc., et al.; and

No. 80-1934. Texas, et al., Appellants v. Certain Named and Un- named Undocumented Alien Children, et al. Argued by Mr. Richard L. Arnett for the appellants in 80-1934, by Mr. John C. Hardy for the appellants in 80-1538, by Mr. Peter A. Schey for the appellees in 80-1934, and by Mr. Peter D. Roos for the appellees in 80-1538. 264 TUESDAY, DECEMBER 1, 1981

No. 80-988. Havens Realty Corporation, et al., Petitioners v. Sylvia

Coleman, et al. Argued by Mr. Everett G. Allen, Jr. for the petitioners and by Ms. Vanessa Ruiz for the respondents.

No. 80-1240. Michael P. Lane, Director, Illinois Department of Cor- rections, Petitioner v. Lawrence Williams and Oscar Southall. Argued by Mr. Michael B. Weinstein for the petitioner and by Ms. Martha A. Mills for the respondents.

No. 80-1614. George F. Jewett, Jr., et ux., Petitioners v. Commis- sioner of Internal Revenue. Argued by Mr. James D. St. Clair for the petitioners and by Mr. Stuart A. Smith for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, DECEMBER 2, 1981 265 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.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Francis Ronald Moulin Washington, DC James Huff Rosenblatt Timothy Edward Naccarato Washington, DC James Huff Rosenblatt William J. Taylor Philadelphia, PA John R. McConnell

Opinions

No. 80-2049. George A. Ralston, Warden, Petitioner v. John Carroll Robinson. On writ of certiorari to the the United States Court of Ap- peals for the Seventh Circuit. Judgment reversed and case remanded to the United States Court of Appeals for the Seventh Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Opinion by Justice Powell concurring in the judgment. Dissenting opinion by Justice Stevens with whom Justice Bren- nan and Justice O'Connor join.

No. 80-885. National Labor Relations Board, Petitioner v. Hendricks County Rural Electric Membership Corporation; and National Labor Relations Board, Petitioner v. Malleable Iron Range Company; and No. 80-1103. Hendricks County Rural Electric Membership Corpora- tion, Petitioner v. National Labor Relations Board. On writs of certiorari to the United States Court of Appeals for the Seventh Circuit. In No. 80-885, judgment of the Court of Appeals, case No. 80-1283, is reversed insofar as enforcement of the Board's order was denied and case remanded to the United States Court of Appeals for the Seventh Cir- cuit with direction to enter an order enforcing the Board's order and judgment of the Court of Appeals, in case No. 79-1991, is reversed and case remanded to to United States Court of Appeals for the Seventh Circuit for further proceedings in conformity with the opinion of this Court. In No. 80-1103, the writ of certiorari is dismissed as improvidently granted. Opinion by Justice Brennan. Opinion by Justice Powell concurring in part and dissenting in part with whom The Chief Justice, Justice Rehnquist and Justice O'Connor join. 266 WEDNESDAY, DECEMBER 2. 1981 Oral Argument

No. 78-1545. Anne B. Zipes, et al., Petitioners v. Trans World Air- lines Inc.; and No. 80-951. Independent Federation of Flight Attendants, Petitioner v. Trans World Airlines, Inc., et al. Argued by Mr. William A. Jolley for the petitioner in 80-951, by Mr. A. Raymond Randolph, Jr. for the petitioners in 78-1545, and by Mr. Laurence A. Carton for the respondents.

No. 80-415. Railway Labor Executives' Association, Appellant v.

William M. Gibbons, Trustee, et al.; and

No. 80-1239. Railway Labor Executives' Association, Appellant v.

William M. Gibbons, Trustee, etc., et al. One hour and twenty minutes allowed for oral argument. Argued by Mr. John O'B. Clarke, Jr. for the appellant, by Mrs. Elinor H. Stillman for the federal appellees in support of the appellant, and by Mr. Daniel R. Murray for the non-federal appellees.

No. 80-1436. Malcolm Baldrige, Secretary of Commerce, et al, Peti- tioners v. Peter Shapiro, Essex County Executive; and

No. 80-1781. William H. McNichols, Jr., etc., et al., Petitioners v. Malcolm Baldrige, Secretary of the United States Department of Com- merce, et al. One hour and thirty minutes allowed for oral argument. Argued by Mr. Elliott Schulder for the petitioners in 80-1436 and for the respondents in 80-1781, by Mr. David H. Ben-Asher for the respondent in 80-1436, and by Mr. George J. Cerrone, Jr. for the petitioners in 80-1781.

Adjourned until Monday, December 7, 1981 at 10 o'clock. x (JOURNAL) MONDAY, DECEMBER 7, 1981 267 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. 81-5280. Allen Eugene LeMay, 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. 81-5566. Daniel R. Denardo, Appellant v. Patrick Murphy, etc. 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.

Orders in Pending Cases

No. A-447. In Re Charles P. Myles, Applicant. The application for writ of habeas corpus addressed to the Chief Justice and referred to the Court is denied.

No. 89 Original. State of California, ex rel. State Lands Commission, Plaintiff v. United States. The motion of California for summary judgment is consolidated for oral argument with the motion of the United States for judgment on the pleadings. Opening briefs on both motions shall be filed within forty-five days from November 30, 1981. Reply briefs, if any, may be filed within thirty days of receipt of the opening briefs.

No. 80-2116. William Archie Williams, Petitioner v. United States.

The order entered November 9, 1981, is amended to read as follows: The petition for a writ of certiorari is granted limited to Questions 3 and 4 presented by the petition. No. 80-2205. Morgan M. Finley, Clerk of the Circuit Court of Cook County, Illinois, Petitioner v. Toni Murray. The motion for appointment of counsel is granted and it is ordered that John S. Elson, Es- quire, of Chicago, Illinois, is appointed to serve as counsel for the respondent in this case. 268 MONDAY, DECEMBER 7, 1981 Certiorari Granted

No. 81-525. Charles V. Bowen, Petitioner v. United States Postal

Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. No. 81-574. General Telephone Company of the Southwest, Peti- tioner v. Mariano S. Falcon. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

Certiorari Denied

No. 80-2211. Smith Barney, Harris, Upham & Co., Inc., Petitioner v. Wendee Henricksen. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 80-6860. Betty Jane Williamson, Petitioner v. James F. William- son. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-69. Raymond Richards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-87. Paul Edward Moeller, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-151. Joe L. Fine and Walter F. Johnsey, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-237. Arlie Knight, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied.

No. 81-241. Ward Lumber Company, Petitioner v. John C. Brooks, Commissioner of Labor of North Carolina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied.

No. 81-256. Richard A. Moore, Petitioner v. David Scurr and the At- torney General of Iowa. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 81-315. Laborers' International Union of North America, Local

No. 89, AFL-CIO, Petitioner v. Eduardo Piedermann. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-326. Ruth M. Fenz, Petitioner v. Richard 0. Burke and Patri- cia Anne Burke. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. MONDAY, DECEMBER 7, 1981 269

No. 81-345. Bright McCausland, Petitioner v. Mason County Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-351. Vetco, Inc., 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. 81-376. Robert A. Wright, etc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-518. George Vichos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-572. United Steelworkers of America, Local 8141, Petitioner v. Herman 0. Tooley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-686. Dibyendu K. Banerjee, Petitioner v. Board of Trustees of Smith College, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-691. Conoco Inc., etc., et al., Petitioners v. Petrol Stops Northwest. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-697. Gordon McLean Campbell, Petitioner v. Washington State Bar Association. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-699. William H. Addington, Petitioner v. Farmer's Elevator Mutual Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-700. Earl Loesch, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Claims denied.

No. 81-704. Robert Joseph Miskinis, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-707. Gary Paul Miller, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 81-710. Audrey C. S. Schlesinger, Petitioner v. Lawrence E. Schlesinger. Petition for writ of certiorari to the Court of Special Ap- peals of Maryland denied.

No. 81-713. James McHugh Construction Company, Petitioner v. Comptroller of the Treasury, Retail Sales Tax Division, for the State of Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. 270 MONDAY, DECEMBER 7, 1981

No. 81-716. American Federation of Television and Radio Artists, Cleveland Local, AFL-CIO, Petitioner v. Storer Broadcasting Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-719. Maple Properties, Petitioner v. Superior Court of Los Angeles County (Betty H. Harris, et al., Real Parties in Interest). Pe- tition for writ of certiorari to the Supreme Court of California denied.

No. 81-720. Jesse Cleveland, Petitioner v. Robert J. Noland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-724. Alyeska Pipeline Service Company, Petitioner v. Whit- ten H. Anderson and Ronald R. Thomas. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 81-728. Price Brothers Company, Petitioner v. Philadelphia Gear Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-739. Daniel W. Simpson, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 81-747. Horace L. Patterson, et al., Petitioners v. Youngstown

Sheet and Tube Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-767. Thomas Gage, Petitioner v. Howard M. Wexler, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-862. Justine H. Roberson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-866. Marco Antonio Alverez-Romero, Petitioner v. Immigra- tion and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-5060. William Sherwood Johnson, Petitioners. Louisiana. Pe- tition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5215. LaVern L. Zaehringer, Petitioner v. Lou V. Brewer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5243. Robert Eugene Cotner, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5305. Horace Blancett and Henry Outlaw, Jr., Petitioners v. MONDAY, DECEMBER 7, 1981 271

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

No. 81-5317. Steven Castro Austin, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied.

No. 81-5333. Benjamin F. Raysor, Jr., Petitioner v. Arnold R.

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

No. 81-5517. Andrew Lee Foster, Petitioner v. J. N. Harrison, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5547. Oscar Smith, Jr., Petitioner v. Philip Ross, Industrial Commissioner of New York. Petition for writ of certiorari to the Appel- late Division, Supreme Court of New York, Third Judicial Department, denied.

No. 81-5549. Raymond Dale Neal, Petitioner v. Court of Appeals of Missouri, Southern District; and Cecil George Ogle, Petitioner v. Court of Appeals of Missouri, Southern District. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-5550. Stephen Mokone, Petitioner v. Brendan T. Byrne, Gov- ernor of New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5553. Joseph M. Cosgrove, Petitioner v. Pennsylvania Demo- cratic State Committee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5555. Frank E. Ladd, Jr., Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

No. 81-5560. Lindsay B. Johnson, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 81-5564. James Butler, Petitioner v. Bennie Harrington, etc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5575. Randy Eugene West, Petitioner v. Sam Austin, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-5585. Joseph Edward Lunz, Petitioner v. Anthony Jimenez, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-5590. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. 272 MONDAY, DECEMBER 7, 1981

No. 81-5591. Vladimir Zatko, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-5592. Charles Raymond Small, Petitioner v. Colorado. Peti- tion for writ of certiorari to the Supreme Court of Colorado denied.

No. 81-5593. John Houston Sellars, Petitioner v. Raymond K. Procunier, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5596. Andrew Vecchio, Sr., Petitioner v. Arnold Dorfman and Paymaster Checkwriter Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5598. Reginald Leon Green, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5599. Edward Alan Otis Bell, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied.

No. 81-5607. Peter Torkar, Petitioner v. City of Seattle, Washing- ton. Petition for writ of certiorari to the Court of Appeals of Washing- ton, Division 1, denied.

No. 81-5608. Armando Guzman, Petitioner v. Richard D. Hongisto,

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

No. 81-5609. Robert F. Hall, Petitioner v. Arnold Jago, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5611. Gertrude M. Jayne Fowler, Petitioner v. J. Joseph Garrahy, et al Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5631. Perry Hooks, Petitioner v. Fred Butterworth. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5654. Michael Wayne Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5672. Norman Allen, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5681. David Raymond Babbe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, DECEMBER 7, 1981 273

No. 81-5689. Alton Wayne Moore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5692. Carl David Beaman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5693. James Campbell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5697. Luther Wilkens, Morris Lewis and Samuel Gates, Jr., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5699. Kelvin Wilder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5717. 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. 81-5720. Marlene Doloir, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-5722. Esmail Rajai, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5734. Robert A. Nilsen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-187. Alf Key, et al., Petitioners v. Louise P. Wise, et al. Peti- tion 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. 81-198. Insurance Company of North America, Petitioner v.

Forty-Eight Insulations, Inc., et al.; and

No. 81-199. Liberty Mutual Insurance Company, Petitioner v.

Forty-Eight Insulations, Inc., et al. The motion of Walbrook Insurance

Company, Ltd. , et al. for leave to file a brief as amici curiae is granted.

The motion of Alliance of American Insurers for leave to file a brief as amicus curiae is granted. The motion of Hartford Accident & Indem- nity Company for leave to file a brief as amicus curiae is granted. The motion of Keene Corporation for leave to file a brief as amicus curiae is 274 MONDAY, DECEMBER 7, 1981 granted. The motion of Armstrong World Industries, Inc., et al. for leave to file a brief as amici curiae is granted. The motions of American Home Assurance Company, et al. for leave to file briefs as amici curiae is granted. The motion of petitioner in No. 81-198 to defer consideration of the petitions for writs of certiorari is denied. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Brennan and Justice O'Connor took no part in the consideration or decision of these motions and these petitions.

No. 81-200. Aetna Casualty and Surety Company, Petitioner v. Charles J. Porter, et al. The motion of American Home Assurance Company, et al. for leave to file a brief as amici curiae is granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan and Justice O'Connor took no part in the consideration or decision of this motion and this petition.

No. 81-313. Joseph Oliver, Warden, et al, Petitioners v. Johnny Harris. 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. 81-499. Mobil Oil Corporation, Petitioner v. United States De- partment of Energy, et al. The motion of Texas City Refining, Inc. for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari to the Temporary Emergency Court of Appeals of the

United States is denied. Justice Brennan would grant certiorari. The order heretofore entered by Justice Brennan on September 3, 1981 is vacated.

No. 81-536. Versie Kimble, Petitioner v. D. J. McDuffy, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice White.

No. 81-816. Massachusetts Department of Public Welfare, et al., Pe- titioners v. Newfield House, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice White and Justice O'Connor would grant certiorari.

No. 81-5478. Kenneth Hardy, Petitioner v. Georgia. The petition for writ of certiorari to the Supreme Court of Georgia is denied. Dissenting opinion by Justice Brennan. Dissenting opinion by Justice Marshall.

Common Law Certiorari Denied

No. 81-296. In Re Vernon Rich, etc., Petitioner. Petition for writ of certiorari is denied. MONDAY, DECEMBER 7, 1981 275 Mandamus Denied

No. 81-5617. In Re Robert Boris Beachboard, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 80-1994. Nash County Board of Education, Petitioner v. Biltmore Company, et al.;

No. 80-2114. Michael Lochiatto, et al., Petitioners v. Florida;

No. 81-98. Howard R. L. Cook and George E. Perry, Petitioners v. United States;

No. 81-112. Barry Dean Michael, Petitioner v. United States;

No. 81-284. Edward D. Campbell, Petitioner v. Washington, et al.;

No. 81-368. Radio Broadcasting Co., Petitioner v. Franklin Town

Corporation, et al.;

No. 81-443. James H. Nicholls, Petitioner v. Ernest C. Nash, et al.;

No. 81-5129. Albert De Falco, Petitioner v. United States;

No. 81-5132. John A. Busse, Petitioner v. United States;

No. 81-5336. Thurman Martin, Petitioner v. North Carolina; and

No. 81-5372. Margie Bullard Barfield, Petitioner v. North Carolina. Petitions for rehearing are denied.

No. 80-6682. Eric Karl Spangenberg, Petitioner v. Wells Fargo

Bank, N.A. The motion for leave to file a petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this motion.

No. 80-6699. Dolores Novel, Petitioner v. Civil Court, et al.; and

No. 80-6917. Arthur E. Johnson, Petitioner v. Gulf Coast Commu- nity Service, et al. The petitions for rehearing are denied. Justice O'Connor took no part in the consideration or decision of these petitions.

Recess Order

The Court will take a recess from Monday, December 14, 1981, until Monday, January 11, 1982.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Bryce Allen Baggett Oklahoma City, James Davison OK Fellers 276 MONDAY, DECEMBER 7, 1981

Applicant City and State Movant

Martin w. bauer Wichita, Kb William Kobert Martin

• T71 1 * 1 T"» 1 Gary Frederick Bendmger Salt Lake City, Richard W. UT Giauque Michael Stewart Berman Duluth, MN Walter F. Mondale Mark David Birnbaum Great- „ i. Neck,XT 1 XTA7"NY Eh Wager Leonard Bloom lowson, MD Carl Anderson Durkee

T*» * 1 1 Tk T"» 1 TT T~1 Richard P. Boley Cheyenne, WY Kent Emerson EwmgT~l •

T^v TIT T"» i 1 m it i /-\T7 Donald L. Booth Tahlequah, OK Harvey L. Chafnn Eric Henry Brand Greenville, OH James J. Goubeaux

* T> 1 J T T> t i m /-i i Ronald Lee Bnggs Houston, TX Jack T. Cole Glenn A. Burkart sprmgnela, MO Douglas William Greene Nonnie Steer Burnes boston, MA bcott Carson Moriearty

'1' i T"» 1 i T /I 1 T 11 H T A T"»1 n i Robert J. Carnevale Lowell, MA Philip Stuart Nyman mi All /"i T"» • 1 AT Thomas Ashley Carraway Birmingham, AL Al G. Rives Robert M. Cipes Santa Barbara, John Marshall CA Sink Gary W. Davis Wichita, KS William Robert • Martin"It IT i

air* • ri i T7i t Frances M. Farina Miami Shores, FL Kenneth Van Bevan Richard Joseph Favretto New York, NY SanfordPI £ 1 M.H T LitvackT * A. 1

TT • H/T' 1 1 T~*1 /^11 • TT Kevin Michael Flynn Chicago, IL Gregory A. Fnedman Linda Friedman Birmingham, AL John James i T Coleman Jr. Robert M. Fusfeld Denver, CO Robert H. Davenport Joe H. Gailey Tucker, GA Millard Courtney Farmer Jr. MONDAY, DECEMBER 7, 1981 277

Applicant City and State Movant

Howard M. Garfield San Francisco, CA Victor B. Levit Richard G. Garrett Miami, FL Albert G. Caruana Thomas M. Genovese Chicago, IL Herbert Lee Capian Lawrence E. Gill Atlanta, GA William Clark O'Kelley Joseph R. Goodwin Charleston, WV Richard E. Rowe Carolyn S. Grace Boston, MA Thomas G. Shapiro James Allon Hall San Antonio, TX Joyce Marie Hill Eugene G. Iredale San Diego, CA John Joseph Cleary William Eugene Jessup Nashville, TN James R. Cheshire III Stephen Paul Juech Oak Park, IL Herbert Lee Caplan Craig M. Kellison Susanville, CA Donald Pardee Cady Ronald Edward Kuykendall Richmond, VA Edward R. Parker Ira N. Loewy Miami, FL Arthur Joel Berger Joseph Nassau Lotwick Baton Rouge, LA John Warren Sinquefield Lynn Janette Maier Scarsdale, NY Milton Mark Kreppel Ira B. Marshall New York, NY Samuel S. Burman Richard Fulton Martin Dallas, TX Edmund Reynolds Wood Michael Flynn McAllister Arlington, VA Ella Uhler Owens C. Steven McMurry Los Angeles, CA Aaron Martin Peck Joseph J. Nardulli Tustin, CA Sonja H. Rhodes Charles Forrest Newman Memphis, TN Lucius E. Burch Jr. Joseph C. Niebler Milwaukee, WI John A. Casey James Earl Padilla Chicago, IL Robert L. Stern Jeffrey G. Paster West Orange, NJ Abe W. Wasserman 278 MONDAY, DECEMBER 7, 1981

Applicant City and State Movant

Lawrence L. Pedley Louisville, KY William Thomas Warner Carter G. Phillips Washington, DC Solicitor General Rex E. Lee Joseph Francis Stephen San Francisco, CA Linsey J. Pisano Freeman Peter B. Powles Chicago, IL Walter A. Slowinski Jr. Brett Lee Price Bakersfield, CA Philip Rudnick Juan Santiago Ramirez Bayamon, PR Jesus A. Lopez Orihuela Robert F. Rapp Philadelphia, PA Milton Becket Robert Arthur Reutershan Bethesda, MD Ray Goddard Robert Stanley Rodrigues Honolulu, HI Steven Kent Christensen E. Mabry Rogers Birmingham, AL William Douglas Arant J. Rodney Ryan Jr. Baton Rouge, LA Charles A. O'Brien III Lewis S. Sandler New York, NY Arthur H. Christy Michael Satris San Anselmo, CA Bernard L. Segal Martin P. Schaffer Chever Chase, David Denny MD Freishtat Gregory Edward Sciolla Philadelphia, PA James M. Marsh Lewis K. Scott Portland, OR James Hamilton Clarke Jerrold Edward Slutzky Chicago, IL Erwin M. Pearl Harry Daniel Spain Houston, TX Joe Glenn Thompson Donald Specter Oakland, CA Bernard L. Segal Donald Mclver Stanford Jr, Chapel Hill, NC Patricia Stanford Hunt James Robert Steadman Girard, PA William Irwin Arbuckle III James Vincent Stewart St. Petersburg, William Randolph FL Klein Frank Sutton Clayton, GA Robert B. Struble George Fox Trowbridge Washington, DC J. Patrick Hickey MONDAY, DECEMBER 7. 1981 279

Applicant City and State Movant

William Ryan Volk Austin, TX Sander Wolf Shapiro Peter Gordon Voorhies Portland, OR John R. Brooke William W. Wells Jr. Charlottesville, Stephen Allan VA Saltzburg David Holmes Wilson Jr. Portland, OR James Hamilton Clarke Louis E. Wolcher San Francisco, CA Carl Lee Vacketta Ronald J. Yengich Salt Lake City, John D. O'Connell UT

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Arvin Maskin Philadelphia, PA Joseph M. McDade Golby Cleigh Uhlir South Sioux City, Elwood Haynes NB Hillis Gerald Stephen Murphy Glenview, IL Henry John Hyde Mary Margaret O'Reilly Fort Worth, TX Thomas Jay Hart

Oral Argument

No. 80-644. G. D. Searle & Company, Petitioner v. Susan Cohn and Walter Cohn. Argued by Mr. William P. Richmond for the petitioner and by Mr. Walter R. Cohn for the respondents.

No. 80-1208. New England Power Company, Appellant v. New

Hampshire, et al.;

No. 80-1471. Massachusetts, et al., Appellants v. New Hampshire, et al.; and

No. 80-1610. Dennis J. Roberts, II, Attorney General of the State of

Rhode Island, et al., Appellants v. New Hampshire, et al. Argued by Mr. Samuel Huntington for the appellant in 80-1208, by Mr. Donald K. Stern for the appellants in 80-1471 and 80-1610, and by Mr. Gregory H. Smith for the appellees.

No. 80-1582. United States, Petitioner v. Jeffrey R. MacDonald. Ar-

gued by Mr. Alan I. Horowitz for the petitioner and by Mr. Ralph S. Spritzer for the respondent. 280 MONDAY, DECEMBER 7, 1981

No. 80-6045. Rubin Kremer, Petitioner v. Chemical Construction Corporation. Argued by Mr. David A. Barrett for the petitioner, by- Mr. Lawrence G. Wallace for the United States and the Equal Employ- ment Opportunity Commission as amid curiae, by special leave of Court, and by Mr. Robert Layton for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, DECEMBER 8, 1981 281 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

J. Dean Cairo Akron, OH Richard L. Aynes Kevin Blake Belford Washington, DC David J. Muchow

Opinions

No. 80-689. Gary E. Widmar, et al, Petitioners v. Clark Vincent, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Powell. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice White.

No. 80-848. Piper Aircraft Company, Petitioner v. Gaynell Reyno,

Personal Representative of the Estate of William Fehilly, et al.; and

No. 80-883. Hartzell Propeller, Inc., Petitioner v. Gaynell Reyno, Personal Representative of the Estate of William Fehilly, et al. On writs of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed and cases remanded to the Court of Ap- peals for further consideration in conformity with the opinion of this Court. Opinion by Justice Marshall. Opinion by Justice White concurring in part and dissenting in part. Dissenting opinion by Justice Ste- vens with whom Justice Brennan joins. Justice Powell took no part in the decision of these cases. Justice O'Connor took no part in the consideration or decision of these cases.

Oral Argument

No. 80-702. United States, Petitioner v. New Mexico, et al. Argued by Mr. George W. Jones for the petitioner, pro hac vice, by special leave of Court, and by Mr. Daniel H. Friedman for the respondents.

No. 80-1730. Giles M. Lugar, Petitioner v. Edmondson Oil Company, Inc. and Ronald L. Barbour. Argued by Mr. Robert L. Morrison, Jr. for the petitioner and by Mr. James W. Haskins for the respondents. No. 80-1430. Ted Engle, Superintendent, Chillicothe Correctional 282 TUESDAY, DECEMBER 8, 1981

Institute, Petitioner v. Lincoln Isaac; E. P. Perini, Superintendent, Marion Correctional Institution, Petitioner v. Kenneth L. Bell; and Ted Engle, Superintendent, Chillicothe Correctional Institute, Petitioner v. Howard Hughes. Argued by Mr. Simon B. Karas for the petitioner, by Mr. James R. Kingsley for the respondent Isaac and by by Mr. Rich- ard L. Aynes for the respondents Bell and Hughes.

No. 80-1595. United States, Petitioner v. Joseph C. Frady. Argued by Mr. Andrew L. Frey for the petitioner and by Mr. Daniel M. Schember for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, DECEMBER 9, 1981 283 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

Barbara Ellen D. Pattin Lanham, MD Thomas Fortune Fay Robert Charles Moest Los Angeles, CA Barry A. Fisher

Oral Argument

No. 80-1666. John R. Larson, etc., et al., Appellants v. Pamela

Valente, et al. Argued by Mr. Larry Salustro for the appellants and by Mr. Barry A. Fisher for the appellees.

No. 80-986. North Haven Board of Education, et al., Petitioners v. Terrel H. Bell, Secretary, Department of Education, et al. Argued by Ms. Susan K. Krell for the petitioner North Haven Board of Education, by Mr. Paul E. Knag for the petitioner Trumbull Board of Education, by Mr. Solicitor General Rex E. Lee for the Federal respondents, and by Ms. Beverly J. Hodgson for the respondent Linda Potz.

No. 80-1681. Village of Hoffman Estates, et al., Appellants v. Flipside, Hoffman Estates, Inc. Argued by Mr. Richard N. Williams for the appellants and by Mr. Michael L. Pritzker for the appellee.

No. 80-1074. Richard W. Velde, et al., Petitioners v. National Black

Police Association, Inc. , et al. Argued by Mr. Kenneth S. Geller for the petitioners and by Mr. E. Richard Larson for the respondents.

Adjourned until Monday, December 14, 1981 at 10 o'clock. x

(JOURNAL) FRIDAY, DECEMBER 11, 1981 285 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. 81-1042. J. Elwood Clements and Carol J. Sachtleben, Peti- tioner v. Lucy N. Logan. The application for stay, presented to Justice Rehnquist and by him referred to the Court, is denied. The order here-

tofore entered by Justice Rehnquist on December 8, 1981, is vacated.

(JOURNAL) MONDAY, DECEMBER 14, 1981 287 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. 81-17. David R. Harris, Superintendent, Green Haven Correc- tional Facility, Petitioner v. Jose Rivera. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Judg- ment reversed and case remanded to the United States Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Marshall.

Appeals—Summary Disposition

No. 81-367. Marvin Neilson, Appellant v. Oklahoma. Appeal from the Court of Criminal Appeals of Oklahoma. 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. 81-5499. Ian Cohen, Appellant v. New York City Board of Edu- cation, et al. 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. 81-734. Central Avenue News, Inc., et al., Appellants v. City of Minot, et al. Appeal from the Supreme Court of North Dakota. The appeal is dismissed for want of a substantial federal question.

No. 81-5621. Carl A. Johnson, Appellant v. Aetna Casualty & Surety Company of Hartford, Connecticut, et al. 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. Justice O'Connor took no part in the consideration or decision of this case. 288 MONDAY, DECEMBER 14, 1981

Certiorari—Summary Disposition

No. 81-176. Board of Governors of the Federal Reserve System, Pe- titioner v. Security Bancorp and Security National Bank. 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 as moot and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to remand the case to the Board of Governors of the Federal Reserve System to vacate the administrative decision.

No. 81-272. Max LaValley, et al., Petitioners v. Northwood Apart- ments. 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 Fair Assessment in Real Estate Association, Inc. v. McNary, 454 U. S. (1981).

No. 81-5134. Woodrow Barksdale, II, Petitioner v. Frank Black- burn, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The order of dismissal is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of the position presently asserted by the Attorny General of Louisiana and the District Attorney for the Par-

ish of Orleans in their memorandum filed November 2, 1981.

Orders in Pending Cases

No. A-479. Cappaert Enterprises, Applicant v. Citizens and South- ern International Bank of New Orleans. The application for stay addressed to Justice Marshall and referred to the Court is denied.

No. 77 Original. State of Tennessee, Plaintiff v. State of Arkansas. On Bill of Complaint. It is ordered, adjudged and decreed that:

1. The boundary line between the States of Tennessee and Arkansas

in the area in controversy is fixed as geodetically described in Exhibit A, and as shown on Appendix E to the Special Master's Report filed with this Court on April 13, 1981. Said Exhibit E is incorporated by reference. 2. The costs of this proceeding shall be divided equally between the parties. MONDAY, DECEMBER 14, 1981 289

No. 83 Original. State of Maryland, et al., Plaintiffs v. State of Loui- siana. The motion of the Special Master to be discharged is granted and it is ordered that John F. Davis, Esquire, is discharged as Special Mas- ter. Justice Powell took no part in the consideration or decision of this motion. No. 80-1002. Board of Education of the Hendrick Hudson Central School District, Westchester County, et al., Petitioners v. Amy Row- ley, by her Parents and Natural Guardians, Clifford and Nancy Row- ley, etc. The motion of petitioners for divided argument and for additional time for oral argument is denied.

No. 80-1045. Jacksonville Bulk Terminals, Inc., et al., Petitioners v.

International Longshoremen's Association, et al.; and No. 80-1663. International Longshoremen's Association, AFL-CIO, et al., Petitioners v. Allied International, Inc. The motion of Interna- tional Longshoremen's Association, et al. for divided argument to permit American Federation of Labor and Congress of Industrial Orga- nizations to present oral argument as amicus curiae is denied. No. 80-1190. Pullman-Standard, A Division of Pullman, Incorpo- rated, Petitioner v. Louis Swint and Willie Johnson, etc.; and

No. 80-1193. United Steelworkers of America, AFL-CIO, et al., Pe- titioners v. Louis Swint and Willie James Johnson. The motion of petitioners for divided argument is denied.

No. 80-1798. Woelke & Romero Framing, Inc., Petitioner v. Na- tional Labor Relations Board, et al.; No. 80-1808. Pacific Northwest Chapter of the Associated Builders & Contractors, Inc., Petitioner v. National Labor Relations Board, et al.; and No. 81-91. Oregon-Columbia Chapter, The Associated General Con- tractors of America, Inc., Petitioner v. National Labor Relations Board, et al. The motion of the parties for divided argument and for additional time for oral argument is granted and a total of one hour and twenty minutes is allotted for oral argument to be divided as follows: Woelke & Romero Framing, Inc. - 20 minutes; National Labor Rela- tions Board - 20 minutes; respondent unions - 20 minutes; petitioners in case Nos. 80-1808 and 81-91 - 20 minutes.

No. 80-2150. Donald Finnegan, et al., Petitioners v. Harold D. Leu, et al. The motion of Association for Union Democracy, et al. for leave to file a brief as amici curiae is granted.

No. 80-2182. Inwood Laboratories, Inc., et al., Petitioners v. Ives Laboratories, Inc.; and 290 MONDAY. DECEMBER 14. 1981

No. 81-11. Darby Drug Co., Inc., Petitioners v. Ives Laboratories, Inc. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for additional time for oral argument is granted and ten additional minutes are allotted for that purpose. The motion of petitioners for divided argument is denied.

No. 81-1. Goldsboro Christian Schools, Inc., Petitioner v. United States; and

No. 81-3. Bob Jones University, Petitioner v. United States. The motion of Goldsboro Christian Schools, Inc. for divided oral argument and for additional time for oral argument is denied. The motion of Trent Lott for leave to file a brief as amicus curiae in No. 81-3 is granted.

No. 81-349. Chicago Bridge & Iron Company, Appellant v. Caterpil- lar Tractor Co., et al. The motion of appellees for additional time for oral argument is denied. The motion of appellees for divided argument is granted. Justice Powell, and Justice O'Connor took no part in the consideration or decision of these motions.

No. 81-614. Danny L. Griffin, Petitioner v. Oceanic Contractors, Inc. The motion of petitioner for leave to proceed further herein as a seaman is granted.

No. 81-792. Leslie R. Hinds, et al., Petitioners v. Consolidated Rail Corporation and United States. The motion of petitioners to expedite consideration of the petition and set the case for argument in tandem with No. 81-213, Schiveiker v. Hogan is denied.

No. 81-954. First Pentecostal Church, Petitioner v. United States. The application for stay and recall of mandate presented to Justice Blackmun and by him referred to the Court is denied.

No. 81-1068. George H. Ryan, et al., Appellants v. Earl Neil Otto, et al. The appellees are directed to file motions to dismiss or affirm on or before December 31, 1981. In all other respects, the motion of appellants to expedite is denied. Justice Marshall dissents and would deny the motion to expedite.

No. 81-5114. Delbert Lee Tibbs, Petitioner v. Florida. The motion of Michael A. Palecki to permit Deborah A. Osmond, of Tampa, Florida, to present oral argument pro hac vice is granted.

Appeals—Jurisdiction Noted

No. 81-776. Ted W. Brown, et al., Appellants v. Socialist Workers

'74 Campaign Committee (Ohio), et al. Appeal from the United States District Court for the Southern District of Ohio. In this case probable jurisdiction is noted. MONDAY, DECEMBER 14, 1981 291

No. 81-184. United States, Appellant v. Security Industrial Bank, et al. Appeal from the United States Court of Appeals for the Tenth Cir- cuit. The motion of Beneficial Finance of Kansas, Inc. to consolidate this case with No. 81-150, Northern Pipeline Construction Co. v. Mar- athon Pipe Line Co.; No. 81-546, United States v. Marathon Pipe Line Co; and No. 81-583, Beneficial Finance of Kansas, Inc. v. United States, is denied. In this case probable jurisdiction is noted.

No. 81-770. Barbara Blum, etc., Appellant v. Jeanne Bacon, etc., et al. Appeal from the United States Court of Appeals for the Second Cir- cuit. The motion of appellees for leave to proceed in forma pauperis is granted. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-451. Ralph Hathorn, et al., Petitioners v. Mrs. Bobby

Lovorn, et al. Petition for writ of certiorari to the Supreme Court of Mississippi granted.

No. 81-534. John O'Dell, et al., Petitioners v. Andrew Espinoza, etc., et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Colo- rado granted.

Certiorari Denied

No. 80-1396. Jeanne Brandon, et al., Petitioners v. Board of Educa- tion of Guilderland School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-194. NDM Corporation, Petitioner v. Hayes Product, Inc. and Joseph H. Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-301. Illinois Health Service, Inc., dba Barclay Hospital, Peti- tioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-327. Carlson Mooring Service, et al., Petitioners v. Wilson P.

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

No. 81-399. Standard Register Company, Petitioner v. National La- bor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-474. North Cambria Fuel Company, Inc., Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 292 MONDAY, DECEMBER 14, 1981

No. 81-513. Carmen Mackowski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Claims denied.

No. 81-545. Travelers Insurance Co., Petitioner v. Constance A. Fenasci, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-549. Michigan, et al., Petitioners v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-557. Kimbrough G. Middlebrook, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-626. Helen Brancadora, Petitioner v. Federal National Mort- gage Association. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-657. William H. Forman, Jr., Petitioner v. City of New Or- leans, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-667. Robert R. Whelan, Petitioner v. Larry W. Robbins and Gary M. Baird. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-694. Larry Cain and Gloria Asanthia Carr Cain, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-733. Cities Service Gas Company, et al., Petitioners v. Okla- homa Tax Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-735. Union Planters National Bank of Memphis, Petitioner v. Commercial Credit Business Loans, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-745. Bonnie Valentine, Petitioner v. Eugene Smith, Interim

President of Arkansas State University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-758. Maggie Jenkins, Administratrix, etc., Petitioner v. Ralph E. Kreiger, Sheriff of Cuyahoga County. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-759. Checkpoint Systems, Inc., Petitioner v. Knogo Corpora- tion. Petition for writ of certiorari to the United States Court of Claims denied. MONDAY, DECEMBER 14, 1981 293

No. 81-766. Joseph D. Underwood, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-768. Benjamin Pachkofsky, Petitioner v. Oregon, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-771. Constantin Stepanenko, Petitioner v. Edward J. Van

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

No. 81-777. Michael Young Warder, et al., Petitioners v. Board of Regents of the University of the State of New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-784. Jimmy D. Pickett, et al., Petitioners v. Republic Na- tional Bank of Dallas, etc. Petition for writ of certiorari to the Supreme Court of Texas denied.

No. 81-785. C. A. May Marine Supply Company, Petitioner v. Bruns- wick Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-787. John H. Folkerts, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied.

No. 81-800. John J. Riley, Petitioner v. University of Lowell, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-869. Paul Kalmanovitz, Petitioner v. Ferdinand J. Gutting, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-874. Marathon Oil Company, et al, Petitioners v. Patrick A.

Malcolm, fdba Spar Oil Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 81-880. Edward Alvis Leonard and Truman Lloyd Adams, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-883. Maurice Jones, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-887. H. Gordon Howard, Petitioner v. Colorado, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-889. Jim T. Harrison, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 294 MONDAY, DECEMBER 14, 1981

No. 81-913. Michael Valerio, et al., Petitioners v. Boise Cascade Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-919. John Martens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-946. Raymond L. Ness, Petitioner v. United States; Elaine

E. Pitt, Petitioner v. United States; and Donald H. Swain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-948. Richard B. Menius, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5204. John Steven Bryan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5396. Joseph Allen, et al., Petitioners v. Samuel Pierce, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5435. M. Noe, Petitioner v. Metropolitan Atlanta Rapid Tran- sit Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5441. Larry Brown, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Jud. Dept., denied.

No. 81-5461. Phillip Dale Van Scoy, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5557. Irwin Gitlitz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5618. Sidney Darrell Montgomery, Petitioner v. James R. Hargreaves, Circuit Judge of Oregon for the County of Lane. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 81-5619. Jack Massengale, Executor of the Estate of E. L. Massengale, Petitioner v. Internal Revenue Service, District Director, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 81-5620. Eugene Gates, Petitioner v. Louie L. Wainwright, Sec- MONDAY, DECEMBER 14, 1981 295

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

No. 81-5650. William Eugene Young, Petitioner v. G. A. Ralston,

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

No. 81-5686. Laurence Anderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5701. Donald Frank, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5705. Clovis Carl Green, Jr., Petitioner v. Willie Clemmons, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5727. Clarence P. Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5728. James Harold Dondich, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5730. Alfonso Eufracio Colmenares-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5741. Michael A. Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5743. Roderick Marvin Greer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5755. King David McNichols, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 80-1592. Jacqueline De Villoutreys Pain, as Personal Represen-

tative of the Estate of Jacques Pain, et al., Petitioners v. United Tech- nologies Corporation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 81-778. Southern Railway Company, et al., Petitioners v. Mzell 296 MONDAY, DECEMBER 14, 1981

Williams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 80-1882. Charles Chapman, et al. , Petitioners v. Dow Chemical Company, et al. The motion of Ryan Family, 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. Justice Blackmun and Justice O'Connor would grant certiorari.

No. 81-598. Richard Hale Austin, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. Dissenting statement by Justice Brennan and Justice Mar- shall.

No. 81-5390. Michael Marnell Smith, Petitioner v. Edward C. Mor- ris, Superintendent, Mecklenburg Correctional Center. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-769. Geraldine G. Cannon, Petitioner v. University of Chi- cago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 81-842. Leon Holman, Jr., Petitioner v. National Railroad Pas- senger Corporation, etc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice White would grant certiorari. No. 81-790. Charles Scully, Superintendent, Green Haven Correc- tional Facility, Petitioner v. Edward Camera. 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 Cir- cuit denied.

Mandamus Denied

No. 81-5632. In Re Ernest Charles Downs, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 80-1810. Valmas Brothers Shipping, S.A., et al., Petitioners v.

Jack Fisher, etc., et al.;

No. 81-365. EA Industries, Incorporated, Petitioner v. AMI Indus- tries, Incorporated; MONDAY, DECEMBER 14, 1981 297

No. 81-5374. Dean Higgins, Petitioner v. Character and Fitness Committee, Fourth Department, New York Supreme Court;

No. 81-5386. Hal M. Rogers, Appellant v. Larry Jinks, et al.;

No. 81-5434. David Edmund Allard, Petitioner v. Immigration and Naturalization Service; No. 81-5438. In Re Chester Kulwiec;

No. 81-5468. Wayne Wesley Sprecher, Petitioner v. United States; and

No. 81-5470. Leroy James Woods, Petitioner v. South Carolina. Peti- tions for rehearing denied.

No. 80-1622. Alex R. Grote, Jr., Petitioner v. United States;

No. 80-2126. Hugh S. Hunt, Petitioner v. Ray Lee Hunt, Executor of the Estate of H. L. Hunt;

No. 80-2136. L. Weber, Petitioner v. Norman W. Black, et al.; and

No. 81-5425. W. J. Pierce, Petitioner v. Volkswagen of America, Inc. The petitions for rehearing are denied. Justice O'Connor took no part in the consideration or decision of these petitions.

No. 81-5109. EThelbert Rucker, Petitioner v. Donald T. Regan, Sec- retary of the Treasury. The motion for leave to file a petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this motion.

Admissions to the Bar on Written Motions

Applicant City and State Movant

K. William Bailey Wooster, OH Walter C. Grosjean Robert W. Barton Harrisburg, PA John Doran Killian III Janet Lee Berg Little Rock, AR Richard Lee Slater Arthur Lee Bishop III Salt Lake City, Joseph Carmen UT Fratto William J. Blumthal St. Louis, MO Eric Alton Cunningham Jr. Robert Edward Boehmer Riverside, CA John Douglas Meyer Michael D. Botwin Tucson, AZ David Henry Lieberthal

David L. Braverman Philadelphia, PA Edward I. Swichar 298 MONDAY DECEMBER 14, 1981

Applicant City and State Movant

Aaron J. Broder New York, NY Robert Klonsky Armond David Budish Cleveland, OH David C. Weiner Robert L. Cambrice Houston, TX Windell E. Cooper Porter William Joseph Caplow New York, NY Arnold D. Fleischer Joseph Vincent Cavanagh Providence, RI Knight Edwards Jr. Karen E. Chandler Washington, DC Ernest Gray Barnes Edward Thornton Chase New York, NY Richard Alfred Greenberg Nicholas Louis Chiarkas Jr. New York, NY Jack Brian Hood Gilbert Wilson Chichester Littleton, NC Theauseus T. Clayton William Bruce Cummings Alexandria, VA Stephen Kurzman John Marshall Cunningham Centralia, WA Jeremy Richard Randolph Thomas M. Dachelet Fort Lauderdale, Robert M. Curtis FL Stanley Joseph Dale Naperville, IL Robert B. Chatz Thomas F. Daley New Orleans, LA Louis A. DiRosa Douglas D. Darnold Dallas, TX Thomas W. Lynch Ronald L. Davis Tuscaloosa, AL Paul W. Brock Mario Estuardo Diaz Los Angeles, CA Edward J. Howell Kermit L. Dunahoo Des Moines, IA John Rezin Perkins Joel Rodman Epperson Tampa, FL Herboth Strother Ryder G. Robert Friedman Houston, TX A. J. Watkins Jennifer Friesen Eugene, OR Hans A. Linde Randolph Lee Garrison Roseburg, OR David Anton Aamodt David P. Gauldin Tallahassee, FL Charles Aristides Stampelos Alan G. Gilchrist Detroit, MI Frederick B. Bellamy Eric H. Golden Hollywood, FL Steven Arthur Mason MONDAY DECEMBER 14, 1981 299

Applicant City and State Movant

Gerald W. Gorman Kansas City, MO Clarence H. Dicus Henry Taylor Greely Los Angeles, CA Raymond Corley Fisher Jack Dalrymple Griffeth Greenville, SC William M. Hagood III Stephen Porter Halbrook Fairfax, VA George Stephens Knight Charles A. Hansen Berkeley, CA Stephen Roger Barnett Rory A. Hanson Eureka, CA John W. Cooper Jr. Norman Hegge Jr. Philadelphia, PA Eugene Nicholas Cipriani Edward F. Hindle East Greenwich, Knight Edwards RI Norman Norimitsu Hirata Gardena, CA Jesse Frederick Willette Rick L. Hobler Mount Carmel, IL Paul C. Komada Roy Elbert Huns Jr. Seattle, WA Bruce Alexander Koppe John Charles Hummer Los Angeles, CA Glenn A. Sunness Charles A. Hunnicutt Washington, DC Judith Ida Avner Theodore M. Iorio Toledo, OH Jeffrey Julius Edward L. Janski Chicago, IL Marjorie Friedl Stampolis Gary W. Javore San Antonio, TX Barry Snell Roger A. Jensen Saint Paul, MN Martin John Costello Gilbert E. Johnston Jr. Birmingham, AL James Clifton Barton Ralph E. Kates III Wilkes-Barre, PA Robert J. Reinstein Richard F. Kelly San Francisco, CA Richard Hughes DuBois Stanley P. Klein Fairfax, VA James C. Cacheris Anne Turner Kneeland Berkeley, CA Paul J. Mishkin Terry W. Knox West Chester, PA William J. Gallagher 300 MONDAY DECEMBER 14, 1981

Applicant City and State Movant

William A. L'Esperance Albuquerque, NM John D. Robb Jr. John M. Madison Jr. Shreveport, LA James Fleet Howell Clifford Bernard Malone Jr. Walnut Creek, CA Dennis Robert Pedersen Stanley J. McKay Marietta, OK Ricardo J. Rodgers Helen Marie McTaggart New York, NY Gerald E. Bodell Arnold Ira Menchel Plainville, CT Henry Salum Cohn Sean Arleigh Moore Houston, TX William Harvey Hoover Jr. Frank John Muraca Scranton, PA Cody Hamilton Brooks Gale Ann Norton Denver, CO William H. Mellor III Michael Obrand Newport Beach, Dennis J. Roberts CA Dorothy Osradker Memphis, TN Clifford Davis Pierce Jr. David Theodore Peterson Los Angeles, CA G. William Shea George Arthur Platz III Chicago, IL Stuart S. Ball Richard L. Posen New York, NY Louis A. Craco Janet Sue Potts Washington, DC George E. Danielson Rosemary Motsay Ranier Baltimore, MD Alan Hamilton Murrell David S. Rasner Philadelphia, PA Jerome E. Bogutz S. Elaine McChesney Boston, MA Thomas H. Walsh Renfro Jr. Jason Allen Rosenberg Newton, MA Stephen J. Buchbinder Stephen F. Rossman Miami, FL Ellsworth William Hoppe Jr. Cary Ira Schachter Amarillo, TX S. Tom Morris Steven Robert Scheckman New Orleans, LA William E. Rittenberg Carl Theobold Schultz III Houston, TX Jerry L. Schutza MONDAY DECEMBER 14, 1981 301

Applicant City and State Movant

Ellen Miriam Semonoff Washington, DC Daniel J. Meltzer Janine Syll Simerly New Orleans, LA Charles Fenner Gay Jr. Palmer Smith Seattle, WA Thomas H. S. Brucker Stephen Michael Snyder San Francisco, CA J. Stewart Harrison Stuart H. Sobel Miami, FL Leonard D. Pertnoy Conrad Hoyle Sommers Dallas, TX Ronald N. Chapman Fred T. Stapp Jacksonville, FL Louis O'Melville Frost Jr. Harry Ward Sullivan Jr. Dallas, TX Thomas W. Lynch Steven Hershey Swander Fort Worth, TX David 0. Belew Jr. Arthur Randal Thomas Harrisburg, PA Stephen A. Thomas Isaias Delgado Torres Houston, TX Peter Anthony Schey Jeffrey C. Trudgeon Upland, CA William J. McVittie James D. Turner Tuscaloosa, AL Ralph Roger Williams Harold Keith Waldman Pittsburgh, PA Frederick J. Francis Dennis C. Waldon Chicago, IL William R. Warnock James Degen Wascher Chicago, IL John Powers Crowley Glen D. Watkins Washington, DC Donald B. Holbrook George Whittenburg Amarillo, TX S. Tom Morris James Craig Williams Jacksonville, FL Louis O'Melville Frost Jr. Jon M. Wilson Orlando, FL Norman Francis Burke Carl J. Witmeyer II Richmond, VA William J. McGowan 302 MONDAY DECEMBER 14, 1981

Applicant City and State Movant

William Walker Young III New Orleans, LA Theodore A. Mars Jr.

Opinions

No. 80-824. Polk County, et al, Petitioners v. Russell Richard Dodson. 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 consideration in conformity with the opinion of this Court. Opinion by Justice Powell. Concurring opinion by Chief Jus- tice Burger. Dissenting opinion by Justice Blackmun. No. 80-737. Citizens Against Rent Control/Coalition for Fair Hous- ing, et al., Appellants v. City of Berkeley, California, et al. Appeal from 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 Chief Justice Burger. Concurring opinion by Justice Rehnquist. Opinion by Justice Marshall concurring in the judgment. Opinion bv Justice Blackmun and Justice O'Connor concurring in the judgment. Dissenting opinion by Justice White.

Adjourned until Monday, January 11, 1982 at 10 o'clock. x (JOURNAL) MONDAY, JANUARY 11, 1982 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.

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. 80-1565. Central Trust Company, Rochester, N.Y., Petitioners. Officials Creditors' Committee of Geiger Enterprises, Inc., et al. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit 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 opinion by Justice Ste- vens with whom Justice Marshall joins.

No. 80-6845. Donald G. Boag, Petitioner v. Ellis MacDougall, Direc- tor, Arizona Department of Corrections. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari 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. Concurring opinion by Jus- tice O'Connor. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice White join. No. 81-23. Terrell Don Hutto, Director, Virginia State Department of Corrections, et al., Petitioners v. Roger Trenton Davis. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. Judgment reversed and case remanded to the United States District Court for the Western District of Virginia with instructions to dismiss respondent's habeas corpus petition. Opinion per curiam. Opinion by Justice Powell concurring in the judgment. Dis- senting opinion by Justice Brennan with whom Justice Marshall and Justice Stevens join.

No. 81-255. Raymond J. Donovan, Secretary of Labor, et al., Appel- lants v. Richland County Association for Retarded Citizens. Appeal from the United States Court of Appeals for the Ninth Circuit. Judg- 304 MONDAY, JANUARY 11, 1982

ment and opinion of the Court of Appeals is vacated. The appeal is dismissed 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 Powell concurring in part and dissenting in part with whom Justice Blackmun joins.

No. 81-325. Larry Blanding, et al., Appellants v. E.M. DuBose, et al. Appeal from the United States District 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 per curiam. The Chief Justice concurs in the judgment. Concurring opinion by Justice Rehnquist with whom Justice Powell joins.

Appeals — Summary Disposition

No. 80-970. George Firestone, Secretary of State of Florida, et al.,

Appellants v. Let's Help Florida, et al. Appeal from the United States Court of Appeals for the Fifth Circuit. The judgment is affirmed.

No. 81-1068. George H. Ryan, et al, Appellants v. Earl Neil Otto, et al.; and

No. 81-1077. Robert McClory, Appellant v. Ear Neil Otto, et al. Ap- peals from the United States District Court for the Northern District of Illinois. The judgment is affirmed. No. 80-1945. Armed Forces Cooperative Insuring Association, Ap- pellant v. Department of Insurance, State of Wyoming. Appeal from the Supreme Court of Wyoming. The appeal is dismissed for want of a substantial federal question. Justice Blackmun would postpone further consideration of the question of jurisdiction to a hearing of the case on the merits.

No. 80-2056. F/V American Eagle, etc., Appellant v. Alaska. Appeal from the Supreme Court of Alaska. The appeal is dismissed for want of a substantial federal question. Justice Brennan and Justice Stevens would note probable jurisdiction and set the case for oral argument.

No. 81-219. First West Virginia Bancorp, Inc., et al., Appellants v. Security National Bank & Trust Co., et al. Appeal from the Supreme Court of Appeals of West Virginia. The appeal is dismissed for want of a substantial federal question.

No. 81-504. John K. Sjong, Appellant v. Alaska. Appeal from the Su- preme Court of Alaska. The appeal is dismissed for want of a substantial federal question. MONDAY, JANUARY 11, 1982 305

No. 81-5640. James Spikes, Appellant v. Ohio. Appeal from the Su- preme Court of Ohio. The appeal is dismissed for want of a substantial federal question.

No. 81-293. Larry Van Emmerik, etc., Appellant v. William J.

Janklow, etc., et al. Appeal from the Supreme Court of South Dakota. The appeal is dismissed for want of a substantial federal question. Dis- senting opinion by Justice White with whom Justice Blackmun joins. No. 81-712. Mary Lou Blalock and Michael Coy Blalock, Appellants v. Florida. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of jurisdiction. Justice Brennan would postpone further consideration of the question of jurisdiction to a hearing of the case on the merits.

No. 81-743. William Daniel Cowgill, et al., Appellants v. Florida. Ap- peal from the Supreme Court of Florida. The appeal is dismissed for want of jurisdiction. Justice Brennan would postpone further consideration of the question of jurisdiction to a hearing of the case on the merits.

No. 81-782. Jim Wall, III, William Gregory Wall and Danny Russell, Appellants v. Florida. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of jurisdiction. Justice Brennan would postpone further consideration of the question of jurisdiction to a hearing of the case on the merits.

No. 81-5368. Paul Cummings and Doris Cummings, Appellants v. Town of Oakland, Maine. 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. Justice Brennan, Justice White and Justice Powell would note probable jurisdiction and set the case for oral argument.

No. 81-5641. Rocco Fischetti, Appellant v. Joseph Ascione. 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. 81-5729. Frank H. Severa, Appellant v. Board of Review of New Jersey, et al. Appeal from the Supreme Court of New Jersey. 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. 81-5709. Melody Wittner, Appellant v. Cass County Welfare De- partment, et al. Appeal from the Supreme Court of Minnesota. The appeal is dismissed for want of jurisdiction. Justice Brennan and Justice Stevens would note probable jurisdiction and set the case for oral argument. 306 MONDAY, JANUARY 11, 1982

Orders in Pending Cases

No. A-505. John Riley Henrique, Applicant v. United States Marshal and United States Parole Commission. The application for stay addressed to Justice Brennan and referred to the Court is denied.

No. A-511. John Gabriel, Jr., Applicant v. United States. The application for bail addressed to Justice Brennan and referred to the Court is denied.

No. A-530. James Ray Thompson, Applicant v. United States. The application for bail addressed to Justice Marshall and referred to the

Court is denied.

No. 9 Original. United States, Plantiff v. State of Louisiana, et al. The Final Accounting of the United States, the Corrected Final Ac- counting of the United States and the Final Accounting of Louisiana are ordered filed. The Objections to the Final Accountings are referred to the Special Master. Justice Marshall took no part in the consideration or decision of this order.

No. 80-1199. American Tobacco Company, et al., Petitioners v. John

Patterson, et al. The motion of Solicitor General to permit David A. Strauss, Esquire to present oral argument pro hac vice is granted.

No. 80-1257. Donald Schriver, Inc., et al., Petitioners v. National

Labor Relations Board, et al. The motion of petitioner for expedited consideration of petition for rehearing is denied.

No. 80-1417. Mark J. Mills, et al., Petitioners v. Rubie Rogers, et al. The motion of New Jersey Department of the Public Advocate for leave to file amicus curiae brief out of time is denied.

No. 80-1429. Duane Youngberg, etc., et al, Petitioners v. Nicholas Romeo, an Incompetent by his Mother and Next Friend, Paula Romeo. The motion of Lowell P. Weicker, Jr., et al. for leave to file amici curiae brief out of time is denied. No. 80-1663. International Longshoremen's Association, AFL-CIO, et al., Petitioners v. Allied International, Inc. The motion of the Solici- tor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 80-1991. Oregon, Petitioner v. Bruce Alan Kennedy. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 80-1714. Joseph S. Hopper, Commmissioner, Alabama Depart- ment of Corrections and James D. White, Warden, Petitioners v. John Louis Evans, III. The motion of respondent to dismiss the writ of certiorari is denied. MONDAY, JANUARY 11, 1982 307

No. 80-1765. American Society of Mechanical Engineers, Inc., Peti- tioner v. Hydrolevel Corporation. The motion of Stephen G. Glatzer to reconsider denial of leave to file a brief as amicus curiae is denied.

Board, et al. The motion of Georgia Power Company for leave to file a brief as amicus curiae is granted.

No. 80-2100. Quentin Rogers, et al., Appellants v. Herman Lodge, 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 Lawyers' Commit- tee for Civil Rights Under Law for leave to file a brief as amicus curiae is granted. The motion of Georgia Association of Black Elected Offi- cials, et al., for leave to file a brief as amici curiae is granted. The motion of the NAACP Legal Defense and Educational Fund, Inc., et al. for leave to file a brief as amici curiae is granted.

No. 80-2147. Connecticut, et al, Petitioners v. Winnie Teal, et al. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is denied.

No. 80-2178. John S. Toll, President, University of Maryland, et al.,

Petitioners v. Juan Carlos Moreno, et al. The motion of petitioners for additional time for oral argument is denied. The motion of petitioners for divided argument is denied.

No. 80-2195. United States, Petitioner v. Learley Reed Goodwin.

The motion for appointment of counsel is granted and it is ordered that

Paul W. Spence, Esquire, of Baltimore, Maryland, is appointed to serve as counsel for the respondent in this case.

No. 81-9. Washington, et al., Appellants v. Seattle School District

No. 1, et al. The motion of appellees for divided argument is denied. The motion of the Solicitor General for divided argument and for additional time for oral argument is denied.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. The motion of

Morality in Media, Inc. for leave to file a brief as amicus curiae is granted. 308 MONDAY, JANUARY 11, 1982

No. 81-184. United States, Appellant v. Security Industrial Bank, et al. The motion of appellee Beneficial Finance of Kansas, Inc. to enlarge questions presented is denied. The motion of Solicitor General to defer briefing and oral argument is denied. No. 81-202. National Association for the Advancement of Colored People, et al., Petitioners v. Claiborne Hardware Company, et al. The motion of American Jewish Congress for leave to file a brief as amicus curiae is granted. The motion of American Civil Liberties Union, et al. for leave to file a brief as amici curiae is granted. Justice Marshall took no part in the consideration or decision of these motions.

No. 81-280. General Building Contractors Association, Inc., Peti- tioner v. Pennsylvania, et al.;

No. 81-330. United Engineers & Constructors, Inc., Petitioner v. Pennsylvania, et al.; No. 81-331. Contractors Association of Eastern Pennsylvania and

United Contractors Association, Petitioners v. Pennsylvania, et al.;

No. 81-332. Glasgow, Inc., Petitioner v. Pennsylvania, et al.; and

No. 81-333. Bechtel Power Corporation, Petitioner v. Pennsylvania, et al. The motion of Washington Legal Foundation for leave to file a brief as amicus curiae is granted.

No. 81-341. Joseph Greene, et al., Appellants v. Linnie Lindsey, et al. The motion of Antioch School of Law, et al. , for leave to file a brief as amici curiae is granted.

No. 81-806. Robert B. Lord, et al., Petitioners v. Local Union No. 2088, International Brotherhood of Electrical Workers, AFL-CIO, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 81-865. Metrocentre Improvement District No. 1, City of Little Rock, Arkansas, Appellant v. Federal Reserve Bank of St. Louis. The

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

No. 81-1097. Kathy Sue Johnson, etc., et al, Petitioners v. Board of Education of the City of Chicago, et al. The motion of petitioners, to expedite consideration of the petition for certiorari is denied.

Appeals — Jurisdiction Noted or Postponed

No. 81-554. Equal Employment Opportunity Commission, Appellant v. Wyoming, et al. Appeal from the United States District Court for the District of Wyoming. In this case probable jurisdiction is noted. MONDAY, JANUARY 11, 1982 309

No. 81-878. John P. Larkin, et al., Appellants v. Grendel's Den, Inc. Appeal from the United States Court of Appeals for the First Circuit. In this case probable jurisdiction is noted.

No. 81-741. U.S. Marketing, Inc., et al., Appellants v. Idaho, et al. Appeal from the Supreme Court of Idaho. In this case probable jurisdiction is noted limited to Question I presented by the jurisdictional statement.

No. 81-896. Perry Education Association, Appellant v. Perry Local

Education Association, et al. Appeal from the United States Court of Appeals for the Seventh Circuit. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits.

Certiorari Granted

No. 81-430. Illinois, Petitioner v. Lance Gates, et ux. Petition for writ of certiorari to the Supreme Court of Illinois granted.

No. 81-431. Guardians Association, etc., et al., Petitioners v. Civil Service Commission of the City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

No. 81-920. Verlinden B. V., Petitioner v. Central Bank of Nigeria. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted. No. 81-129. Michael Landon, District Director of the Immigration and Naturalization Service, Petitioner v. Maria Antonieta Plasencia. 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. 81-420. R.C. Marshall, Superintendent, Southern Ohio Correc- tional Facility, Petitioner v. Robert Lonberger. 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 Sixth Circuit granted.

No. 81-298. Community Television of Southern California, Petitioner v. Sue Gottfried, et al. The motion of Corporation For Public Broad- casting, et al. for leave to file a brief as amid curiae is granted. The petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted limited to Question 2 presented by the petition.

No. 81-799. Federal Communications Commission, Petitioner v. Sue

Gottfried, et al. The motion of Corporation For Public Broadcasting, et al. for leave to file a brief as amicus curiae is granted. The petition for writ of certiorari to the United States Court of Appeals for the District of Columbia circuit granted. 310 MONDAY, JANUARY 11, 1982

No. 81-334. Associated General Contractors of California, Inc., Peti- tioner v. California State Council of Carpenters and Carpenters 46

Northern Counties Conference Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 81-825. The Pillsbury Company, et al., Petitioners v. John Conboy. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit granted. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5195. Michael Jones, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the District of Columbia Court of Appeals granted.

Certiorari Denied

No. 80-969. George Firestone, Secretary of State of Florida, et al.,

Petitioners v. Dade Voters for a Free Choice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit deniedc • -

No. 80-1909. The Heppenstall Company, Petitioner v. William A.

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

No. 80-5896. John Calvin Hall, Petitioner v. Clendenin G. Quillen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 80-6303. Joseph H. Shaw, Petitioners v. Steven Bernholz, et al.;and Joe E. Hampton, Jr., Petitioner v. Frank Banzet. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 80-6313. Willie Thomas Butler, Petitioner v. R. Gene Brasswell. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 80-6546. Robert L. Stigall, Petitioner v. Vernon Cardwell. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 80-6820. Quintin Orpiano, Petitioner v. Thomas N. Parker, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, JANUARY 11, 1982 311

No. 81-257. Donald L. Wolff, Petitioner v. James Ruddy, Judge, Cir- cuit Court, St. Louis County. Petition for writ of certiorari to the Su- preme Court of Missouri denied.

No. 81-340. Pennzoil Company, et al., Petitioners v. Federal Energy Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-424. R.O.C. Inc., Petitioner v. Buel Merritt Brown, et al. Pe- tition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

No. 81-437. Sharon Rudolph, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-466. James L. Sontag, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-483. Thomas H. Conklin, Jr., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 81-496. William C. Feeney and Hugo Germer, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-509. Duwamish, Samish, Snohomish, Snoqualmie and

Steilacoom Indian Tribes, Petitioners v. Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-516. J. Michael Stumpff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-520. National Football League, Petitioner v. Federal Commu- nications Commission, et al.; and

No. 81-522. National Association of Broadcasters, et al., Petitioners v. Federal Communications Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-532. Eugene Holt, Petitioner v. Donald Wyrick, Warden, -Missouri State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-540. South Park Independent School District, Petitioner v. United States. Petition for. writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 312 MONDAY, JANUARY 11, 1982

No. 81-565. Connecticut, Petitioner v. George D. Glidden, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-594. Newspaper Guild of Wilkes-Barre, Local 120, et al, Pe- titioners v. Wilkes-Barre Publishing Co.; and

No. 81-791. Wilkes-Barre Publishing Company, etc., Petitioner v.

Newspaper Guild of Wilkes-Barre, Local 120, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-601. Cosmopolitan Broadcasting Corporation, Petitioner v.

Federal Communications Commission, et al.; and

No. 81-603. Bulgarian American League, et al., Petitioners v. Fed- eral Communications Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 81-615. Paul F. Gray, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-631. Truong Dinh Hung, Petitioner v. United States; and

No. 81-5344. Ronald Louis Humphrey, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-633. Martin Bass, et al., Petitioners v. United States and Federal Bureau of Investigation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-637. Galen J. Baird, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-651. Sue Gottfried, etc., et al, Petitioners v. Federal Com- munications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-653. Carl Brewer, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-658. Vincent Pacelli, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. MONDAY, JANUARY 11, 1982 313

No. 81-660. Addison Savmor, Inc. , Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-675. Ralph E. White, Petitioners. James B. Edwards, Secre- tary, United States Department of Energy. Petition for writ of certiorari to the United States Court of Customs and Patent Appeals denied.

No. 81-676. Barry R. Barbeau, Petitioner v. Superior Court of Cali- fornia for the County of Contra Costa (Victor Y. Habib, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of Cali- fornia, First Appellate District, denied. No. 81-679. International Association of Machinists and Aerospace Workers, AFL-CIO, Silvergate District Lodge 50, Petitioner v. David

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

No. 81-683. Mayfair Supermarkets, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 81-688. William A. Talbert, Petitioner v. City of Richmond, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-692. Joshua Stonecipher, Petitioner v. William E. Bray, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-703. Ora E. Gaines, etc., Petitioner v. D. J. Haughton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-717. Gandelia M. Cordova, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-736. Burlington Northern Railroad Company, etc., Petitioner v. Ronald E. Dunn. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-760. Bill Hames Shows, Inc., Petitioner v. J. J. Taylor Syndi- cate #173, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-764. East-West Towing Company, Inc., et al., Petitioners v.

Avondale Shipyard, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 314 MONDAY, JANUARY 11, 1982

No. 81-786. Nathaniel Brams, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-792. Leslie R. Hinds, et al., Petitioners v. Consolidated Rail Corporation and United States. Petition for writ of certiorari to the Special Court, Regional Rail Reorganization Act of 1973 denied.

No. 81-803. Paverite, Inc., Petitioner v. ITT Industrial Credit Com- pany. Petition for writ of certiorari to the Court of Appeals of Tennes- see, Eastern Division denied.

No. 81-807. Anne M. Pavilonis, Petitioner v. Tullulah Morgan, et al.; and Anne M. Pavilonis, Petitioner v. John O'Bryant, et al.; and Anne M. Pavilonis, Petitioner v. Edward F. King, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-808. Charles R. Kester, et al, Petitioners v. Donald Devine, Director, Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-809. Harold C. Boyd, Petitioner v. Madison County Mutual Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-810. Jack G. Nunn, et al, Petitioners v. F. D. Black, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-813. Asae Shimokawa, Petitioner v. Liberty Bank. Petition for writ of certiorari to the Intermediate Court of Appeals of Hawaii denied.

No. 81-817. Northern Engineering & Plastics Corp., Petitioner v. Roger Eddy dba Marshall Manufacturing Co. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-818. Joe T. Boynton, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-819. Gilbert R. Stainbrook, Jr., Petitioner v. Pennsylvania Department of Transportation. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

No. 81-821. Curtis B. Danning, etc., Petitioner v. World Airways, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-822. Robert L. Levison, Petitioner v. Lauretta Ann Levison. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-823. Dick Thornburgh, Governor of Pennsylvania, et al., Peti- tioners v. Mary McMullan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, JANUARY 11, 1982 315

No. 81-824. Edward Dennis Jacks, Jr., Petitioner v. Jack R. Duckworth, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 81-829. BMW of North America, Inc. and Bayerische Motoren Werke A.G., Petitioners v. Daniel G. Grove, Executor of the Estate of Stuart Stiller, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-831. Ann Ferrell Dacus, Petitioner v. Southern College of Op- tometry. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-832. Faith Baptist Church of Boca Raton, Inc., etc., et al., Petitioners v. City of Boca Raton, Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 81-833. John M. Ross, Petitioner v. Rose Bird, etc., et al.; and

John M. Ross, Petitioner v. San Diego County Superior Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-838. Francis Thorpe, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 81-845. Investors Tax Sheltered Real Estate, Limited, Peti- tioner v. Hallmark Group Companies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-847. Robert Mori and Sam Polino, etc., Petitioners v. Inter- national Brotherhood of Boilermakers, Iron Ship Builders, Black-

smiths, Forgers and Helpers Local Lodge No. 6, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-852. Willy's Grocery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-853. Lincoln Bank, Petitioner v. Terrence B. Goggin, etc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-858. Charles Ronnie Watson, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 81-885. Federal Republic of Nigeria and Central Bank of Nige- 316 MONDAY, JANUARY 11, 1982 ria, Petitioners v. Texas Trading & Milling Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-888. McCoy Restaurants, Inc., Petitioner v. Greater Orlando Aviation Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-891. Industrial Personnel Corp., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-893. Lillian Blanche Brent, et al., Petitioners v. Natural Gas Pipeline Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-894. County of LaSalle, ex rel. Gary Peterlin, State's Attor- ney of LaSalle County and Rosemay Sinon, Petitioners v. Michael M.

Mauzy, etc., et al. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 81-898. Michael Thevis, Petitioner v. Urban Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-906. Ribhi Shunnarah, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-909. James C. Steubner, et al, Petitioners v. Russell E. C. Martin. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-914. James C. Stephens, Petitioner v. United States, et aL Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-916. Theodore Roosevelt Johnson, Jr., Petitioner v. Donald Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-918. Cut Rate Plastic Hangers, Inc., Petitioner v. Warbern Packaging Industries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-931. Harry Toussaint Alexander, Petitioner v. Gladys Kessler, Judge, Superior Court of the District of Columbia. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-947. Margaret Trebbe and Letha Trebbe, Petitioners v. Colo- rado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. MONDAY, JANUARY 11, 1982 317

No. 81-951. Philip Goldstein, et al., Petitioners v. James L. Garrity, Trustee of Debtor. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-957. Antonino Joseph Ruggirello, Petitioner v. Barry Mintzes. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-958. Oscar Homero Gomez Guzman, 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.

No. 81-966. Donald E. Percy, etc., Petitioners. Mildred Daubert and Ethel Royster, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-972. Nigel Winfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-980. Robert D. Hatch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-983. James A. Conlon, 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. 81-991. Richard Engelstad, et al., Petitioners v. Cal Swenson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-994. Siemens America, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Cus- toms and Patent Appeals denied.

No. 81-995. Crown Cork & Seal Co., Inc., Petitioner v. National La- bor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1015. Herbert G. Blecker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1027. S. David Litman and Irving M. Portnoy, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1030. Edward Leroy Leek, Petitioner v. Kenneth Pugh, et al. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Tenth Supreme Judicial District, denied. 318 MONDAY, JANUARY 11, 1982

No. 81-5284. William F. Sangemino, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Claims denied.

No. 81-5303. Darrell Eugene Lawson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5358. Lloyd Black, Petitioner v. Robert S. Robbins, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5359. Florain Guiden, Jr., Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5361. David Gene Morris, 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. 81-5376. Enoch Dickinson, Jr., Petitioner v. Pensacola Aero- motive Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-5388. Jerry Walter Breeding and John Wayne Breeding, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5394. Albert Rolland Bassler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5414. Robert J. Martin, Jr. and Richard F. Massey, Petition- ers v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 81-5420. George M. Brown, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 81-5426. Jaime Garcia Mendoza, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-5429. Chester F. Flint, Jr., et al, Petitioners v. Lloyd E.

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

No. 81-5446. Tony Angelo Jones and Eric Lee Grant, Petitioners v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Ap- peals of Oklahoma denied.

No. 81-5485. Thomas Edward Flood, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, JANUARY 11, 1982 319

No. 81-5488. Aubran Wayne Martin, Petitioner v. Warden, Hunting- don State Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5489. James Mullins, Jr., Petitioner v. H. C. Davis, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5528. Nunnally D. Brunson, Jr., etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 81-5531. Clinton Hill, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5551. W. J. Russell Taylor, Petitioner v. Carol Taylor. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied.

No. 81-5616. Richard Graham, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-5625. Virgil Cochran, Petitioner v. Francis J. Birkel. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5626. Eddie Baker, Petitioner v. Gayle M. Franzen, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5636. Eddie Woodrow Gray, Petitioner v. F. Alfred Sines,

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

No. 81-5642. Jon W. Corsley, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-5645. Herbert Edward Caudle, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fifth Ap- pellate District, denied.

No. 81-5646. Claudia Opfermann, Petitioner v. Jankiel Barg, Acting

Superintendent, Toledo Mental Health Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5647. John Winston Prince, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5651. Ernie Slaughter, Petitioner v. Lou V. Brewer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 320 MONDAY, JANUARY 11, 1982

No. 81-5652. Richard Mendibles, Manuel Corona and James Piatt,

Petitioners v. Superior Court of Pinal County, et al. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 81-5656. Jimmy Lee Kelley, Petitioner v. Michael P. Lane. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5658. Timothy Carl Darby, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5659. LeRoy Kilgore, Petitioner v. Jack R. Duckworth, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5661. Judy Stone, Petitioner u. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Jud. Dept., denied.

No. 81-5663. Alex Romero Padilla, Petitioner v. Ellis MacDougall,

Director, Arizona Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5664. Gamell McAfee, Petitioner v. Ford Motor Company, et

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

No. 81-5665. Joseph H. Shaw, Petitioner v. Francis E. Dail and John R. Morgan. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5666. Talmon Hegwood, Jr., Petitioner v. Frank Blackburn, Warden, Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5667. George Reynolds Evans, Sr., et al., Petitioners v.

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

No. 81-5669. Otis Johnson, et al., Petitioners v. United Parcel Serv-

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

No. 81-5671. Angeles Ramonita Garcia, Petitioner v. Kenneth R.

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

No. 81-5674. Richard Bernard Lindhorst, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. MONDAY, JANUARY 11, 1982 321

No. 81-5675. Francisca Caraballo, Petitioner v. Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5676. John H. Bailey, Petitioner v. Walter Redman, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 81-5678. Johnny F. Harris, Petitioner v. Tommy Baker, etc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5680. Robert Michael Patrick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5683. Albert R. Salman, Petitioners Charles J. Frisch. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5684. James Micheal Myron, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-5685. Theodore El Ameen, Petitioner v. Michigan Consoli- dated Gas Company. Petition for writ of certiorari to the Court of Ap- peals of Michigan denied.

No. 81-5688. Ellis Partee, Petitioners Samuel Johnson, Guard, Pon- tiac Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5690. Max E. Bradley, Petitioner v. Ed Dermitt, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5691. Frank G. Handy, Petitioner v. Weslaco Independent

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

No. 81-5696. Leroy Satchell, Petitioner v.. Robert Raines, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5702. Ed Bankston, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 81-5706. Stephen Roy Gratton, 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. 81-5707. Alfred Horace King, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. 322 MONDAY. JANUARY 11, 1982

No. 81-5711. Gene Charles Herrington, Petitioner v. George Deukmejian, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5712. 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.

No. 81-5714. Joseph Senatore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5715. Ronald Steven Mintz, Petitioner v. Superior Court of California, County of Stanislaus (California, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

No. 81-5719. James Shaw, Jr., Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 81-5723. Lawrence John Stokes, 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. 81-5724. James V. Sandutch, Petitioner v. John Bednarz, Dis- trict Magistrate. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5726. Robert Rasberry, 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. 81-5732. Ernest C. Williams, Petitioner v. Circuit Court, City of

St. Louis, Division 1. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-5735. S. L. W., Petitioner v. New Jersey Division of Youth and Family Services. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 81-5737. Harold L. Lewis, et al.. Petitioners v. Exxon Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5739. Anthony A. Gallo, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 81-5742. Marvin Ellis, Petitioner v. Superintendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, JANUARY 11, 1982 323

No. 81-5745. Robert Shumake, 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. 81-5766. Otis Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5773. Riley Franklin Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5779. Jose Bernal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5780. Benjamin Garonzik, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5787. Elmer Eugene Taylor, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5788. James A. Womack, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-5789. Gerald L. Singer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5792. Joseph W. DiSilvestro, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5793. Aubria A. Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5794. Robert Lee Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5799. Carmen Leyva, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5807. Thomas Lee White, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 324 MONDAY, JANUARY 11, 1982

No. 81-5813. Neal G. Hines, Petitioner v. Secretary, Health, Educa- tion and Welfare. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5815. Paul B. Owens, Petitioner v. William B. Wharton, U.S. Department of State, Office of Citizenship Appeals and Legal Assis- tance. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 81-5817. Janice Phillips v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5832. James Daniel McGovern, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5833. Bahram Ravasani-Asl, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5837. Rex Edward Darland, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5841. Noor A. Sabir, Petitioner v. Rainier National Bank. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5846. William Todd Armstrong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5853. Andrew John Walker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 80-1975. Yazoo County Industrial Development Corporation, et al., Petitioners v. Jonez P. Suthoff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dis- senting opinion by Justice Rehnquist.

No. 81-79. Missouri, et al. , Petitioners v. United States Bankruptcy

Court for the Eastern District of Arkansas, et al. The motion of Philip

Goldstein, etc., et al. to defer consideration of the petition is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-273. Homette Corporation, Petitioner v. James Harvey, U.S. District Judge. The motion of respondent Laura Marie Briggs 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. MONDAY, JANUARY 11, 1982 325

No. 81-442. New York, Petitioner v. Wayne Claude Utter. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-484. Colorado, Petitioner v. David Scott Lee. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 81-794. E. P. Perini, Superintendent, Marion Correctional Insti- tution, Petitioner v. Jack L. Linton. 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. 81-797. James Turman, etc., et al., Petitioners v. Alicia Morales, 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 Fifth Circuit denied.

No. 81-590. Yvonne Bagstad, etc., Petitioner v. Orange County

Transit District, et al. The motion of Paralyzed Veterans of America for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-645. International Association of Machinists and Aerospace Workers, (IAM), Petitioner v. Organization of the Petroleum Export- ing Countries, (OPEC), et al. The motion of Indonesia-U.S. Business Committee of the Indonesian Chamber of Commerce and Industry for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-693. Hullinghorst Industries, Inc., Petitioner v. David E. Carroll and Director, Office of Workers' Compensation Programs, U.S. Department of Labor. The motion of respondent David E. Carroll 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. 81-798. Murray Investment Company and Murray Advisory Corporation, Petitioners v. Life Insurance Company of Virginia. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 81-848. Ponchartrain State Bank, Petitioner v. Marsh Invest- 326 MONDAY, JANUARY 11, 1982 ment Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari.

No. 81-861. Florida, Petitioner v. Robert Lewis Buford. The motion of respondent Robert Lewis Buford for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice O'Connor would grant certiorari.

No. 81-882. Johns-Manville Corporation, et al., Petitioners v. John W. White, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 81-903. Lakewood Bank and Trust Company, Petitioner v. Har- old C. Abramson. The motion of American Land Title Association for leave to file a brief as amicus curiae is granted. The motion of Federal

National Mortgage Assn. for leave to file a brief as amicus curiae is granted. The motion of Federal Land Bank of Texas, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-904. Rockwell International Corporation, et al., Petitioners v.

City of New York, et al. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-929. Champlin Petroleum Company, Petitioner v. King & King Enterprises, dba King Gas & Oil, and Carl R. King, dba King Gas & Oil. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. Justice White dissenting: Because the decision of the Court of Appeals for the Tenth Circuit in this case conflicts with the decision of the Court of Appeals for the Fifth Circuit in Carpa, Inc. v. Ward Foods, Inc., 567 F.2d 1316 (1978), I would grant the petition for certiorari. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5454. Anthony Anthon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 81-5496. Alfred Witherspoon, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Bren- nan and Justice Marshall would grant certiorari. MONDAY, JANUARY 11, 1982 327

No. 81-5855. Robert Lewis Buford, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5462. Betty Lou Martin, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice White dissenting: Because the decision of the Court of Appeals for the Tenth Circuit in this case conflicts with the decision of the Court

of Appeals for the Second Circuit in Rosenberg v. Richardson, 538 F.2d

487 (1976), I would grant the petition for certiorari.

Habeas Corpus Denied

No. 81-5772. In Re Thomas H. F. Irving, Petitioner; and

No. 81-5823. In Re Jimmie Lee Allen, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 81-5455. In Re Ronald Stephen Reynolds, Petitioner;

No. 81-5595. In Re James Piatt, Petitioner;

No. 81-5660. In Re Jimmie Lee Allen, Petitioner;

No. 81-5695. In Re Ron A. Mitskus, Petitioner; and

No. 81-5710. In Re Pasquale Charles Marzano, Petitioner. The petitions for writs of mandamus are denied.

No. 81-1004. In Re Giles Galahad. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied

No. 80-1604. Donald C. Brockett, etc., Appellant v. Spokane Ar-

cades, Inc., et al.;

No. 80-2077. William Leeke, etc., et al, Petitioners v. Melvin Lee

Timmerman, et al.;

No. 80-6785. Joseph Robert Spaziano, Petitioner v. Florida;

No. 80-6933. Frank Evans, Petitioner v. Arizona;

No. 8143. Annie Ray Odom, Petitioner v. North Carolina; 328 MONDAY, JANUARY 11, 1982

No. 81-53. Florida, Petitioner v. Willie Allen Garrett;

No. 81-236. Grindstone Butte Project, etc., et al., Petitioners v. James G. Watt, Secretary of the Interior, et al;

No. 81-249. Carlos Chardon, individually, et al., Petitioners v. Rafael

Rivera Fernandez, et al.; and Carlos Chardon and Oscar Ramos, Peti- tioners v. Caspar Rodriguez Rodriguez;

No. 81-317. David P. Weinberger, Appellant v. Florida Bar;

No. 81-383. R.C. McCormick, Petitioner v. Edwin W. Edwards, In- dividually and as Governor of Louisiana, et al.;

No. 81-387. Burley L. Morris, Petitioner v. City of Midland, Texas, et al.;

No. 81-464. Paul von Minden, Petitioner v. NUWES, Department of the Navy;

No. 81-477. Donald M. Witte, Appellant v. Bar Committee of the

Twenty-First Judicial Court, etc.;

No. 81-553. Edwin F. Gordon, Petitioner v. John Heimann, United

States Comptroller of the Currency, et al.; Edwin F. Gordon, Peti- tioner v. Board of Governors of the Federal Reserve System, et al.; and

Edwin F. Gordon, Petitioner v. Securities and Exchange Commission, et al.;

No. 81-695. Robert B. Bland, Petitioner v. United States;

No. 81-5174. Solomon Leroy Rooks, Petitioner v. United States;

No. 81-5338. Ronald J. Straight, Petitioner v. Florida;

No. 81-5410. Sylvia Behar, Petitioner v. Southeast Bank Trust Co.,

N.A., etc.;

No. 81-5456. Raebeca Herron, Petitioner v. Pendleton, Sabian and

Craft, et al.;

No. 81-5463. David Perea, Petitioner v. United States;

No. 81-5498. Artis Fadee Johnson, Petitioner v. U.S. District Court for the Western District of Michigan, et al.; and

No. 81-5613. In Re Gerald Glen Boyden, Petitioner. Petitions for rehearing are denied. MONDAY, JANUARY 11, 1982 329

No. 80-6643. Bruce Davis, Petitioner v. United States. The motion for leave to file a petition for rehearing denied. Justice O'Connor took no part in the consideration or decision of this motion.

No. 81-12. Hobert W. Fischer, Petitioner v. Robert A. Dakopolos. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Wesley Price Adams Jr. Louisville, KY Malcolm Y. Marshall Ross David Ain Washington, DC Gerry Levenberg John C. Allen Houston, TX James J. McConn Jr. Frank C. Amatea Ocala, FL Donald Neal Denson W. Thomas Andrews New Castle, PA Walter A. Kieler E. John Athens Jr. Fairbanks, AK Wilson L. Condon Thomas N. Auriemma Trenton, NJ Robert J. Genatt Steven W. Bacon Los Angeles, CA Kyle David Brown Stanley Forrest Baldwin Dallas, TX Leo J. Hoffman Lee P. Bardellini San Francisco, CA Maynard Garrison Norman Bradley Barker Los Angeles, CA John L. Endicott John T. Barrett III Durham, NH Donald R. Bryant Michael Scott Baum Boston, MA Jeffrey D. Woolf Lawrence C. Begun Chicago, IL Chester Thomas Kamin Leslie Frank Bell Los Angeles, CA Charles J. Katz Barry Wayne Bennett Winter Haven, FL J. Mason Wines Robert Mclntyre Beno Montgomery, AL James Paul Lowery Jeffrey L. Berkowitz Miami, FL Jesse J. McCrary Jr. James J. Binns Philadelphia, PA Joseph S. Lord III Thomas E. Biron Philadelphia, PA Leon S. Forman Robert Alan Blackstone Seattle, WA Peter Buscemi Jeffrey Roland Boggess Fort Worth, TX Bradley Newman Seals Joseph Philip Borg Montgomery, AL Al James Sansone Ira Jay Botvinick Raleigh, NC Thomas A. McCormick 330 MONDAY, JANUARY 11, 1982 Applicant City and State Movant

Peter R. Boutin Long Beach, CA Michael M. Gless George F. Bovie III Stuart, FL James L. S. Bowdish Paul N. Bowles Charleston, WV Charles M. Love III Barrie R. Bratt Detroit, MI Carl Milton Levin Dan McCall Brazil Lufkin, TX Jack Pierce Jan Alan Brody Lyndhurst, NJ James D. Checki Jr. Ellen Joyce Fried Bronzo New York, NY George D. Zuckerman Jack Pierce Brook Lafayette, LA William Charles Broadhurst Charles Ernest Brown Dallas, TX Thomas W. Lynch John Milo Bryant Chicago, IL Walter F. Mondale James G. Burke Jr. New Orleans, LA Sam A. LeBlanc III Thomas Joseph Burke Jr. Ardmore, PA Thomas Joseph Burke Patricia H. Burrall Philadelphia, PA Judge James T. Giles Robert Cleveland Burton Amarillo, TX A. J. Robinson Kevin Gerrity Callahan Jersey City, NJ Vincent J. Cartier Hugh Gregory Campbell Jr. Blacksburg, VA Stuart B. Campbell Jr. Charles W. Cappel Los Angeles, CA John F. Kimberling Peter Anthony Casciato Portland, OR Alan Stuart Weitz Armando Cavada Corpus Christi, Marshall J. TX Hartman Robert M. Chasnow Washington, DC William Boley Ingersoll Myron J. Chrzastek Alexandria, VA Walter E. Thomas Niccolo A. Ciompi Durham, NC Judge Willis P. Whichard Thomas P. Clifford III Hartford, CT Bernard Francis McGovern Jr. MONDAY, JANUARY 11, 1982 331

Applicant City and State Movant

Charles H. Cochran Washington, DC Dennis G. Lyons Linda M. Cole Washington, DC Solicitor General Kex E. Lee

T71 j T 1 11 Phyllis Gallub Coleman Fort Lauderdale, Ronald Benton FLTIT BrownT~» Thomas F. Commito Montpelier, VI Alan William Cheever Marc A. Comras Boston, MA Richard A. Hesse rii _„ "mi,™ TT Anthony Joseph Conniff Ulen Hjllyn, 1L Francis Ignatius Wesolowski /~1 TTT 1 • 1 T"\ T O 1 Dean S. Cooper Washington, DC Jean Saralee Cooper Richard Reginald Cooper Chestertown, MD Elroy G. Boyer T TO Lawrence Evans Crary III Stuart, FL James L.S. Bowdish

XT i 1 TTT'11 I "I\/T David Leigh Craven North Wilkesboro, E.T7 JamesT Moore NC T"» TT 1 *A 4m Harry M. Crowe Jr. Tulsa, OK B. Hayden Crawtord

TT 1 TT T"» 1 Martha Elizabeth Culbreth Knoxville, TN Howard H. Baker Jr.

George Benjamin Daniels Brooklyn, JN Y Lewis James Robinson Jr.

T A 1 A T 1 T T • 1 Bert H. Deixler Los Angeles, CA John Vanck Tunney

/'IT 1 1 ATT Mark R. DeVan Cleveland, OH Carl George McMahonTXT TUT 1 Martin W. Dies Orange, 1a John G. lucker Phillip Ray Dixon Sr. Greenville, NC J. David Duiius T Jr. /~\ David MacFarlane Doering Denver,T"\ CO/~1 Ralph A. Cole Daniel M. Downey Houston, 1a Jerry L. Schutza Gerald T. Drought ban Antonio, 1a James Neal Martin Ira Sherman Dubnoff Syracuse, NY James Henry Hughes Jr. J. Thomas Dunn Jr. North Wilkesboro, E. James Moore NC 332 MONDAY, JANUARY 11, 1982

Applicant City and State Movant

Allen Cox Dunstan Memphis, TN Ernest G. Kelly Jr. Michael Hudson Ellis New Orleans, LA Stephen B. Murray Jack Harold Emmott III Houston, TX George E. Pletcher Edward P. Epstein Runnemede, NJ Vito Richard Ferreri Michael Gary Erens Chicago, IL Richard F. Levy James F. Farmer Waldorf, MD Joseph Frederick Vallario Jr. Garvin Fitton Harrison, AR Roy Lee Baker Jr. William Penn Foote Burlingame, CA Albert J. Horn James Byron Franks Oklahoma City, Jan Eric OK Cartwright Paul Joseph Franzetti Dallas, TX Morris Harrell Philip Sigmund Frey Honolulu, HI Stuart Marshall Cowan Dale Hershey Geisler Fort Lauderdale, Richard Michael FL Saccocio Thomas Peter Gies Washington, DC Adin Carl Goldberg Amy N. Gladstein Brooklyn, NY Paul Alan Levy R. Keith Guthrie Washington, DC Gerry Levenberg Edward P. Guttenmacher Miami, FL Irwin Richman Kate W. Haakonsen Hartford, CT Michael Allen Peck Arthur Lester Haizlip Oklahoma City, Joseph Nicholas OK Wiltgen Ronald Evan Harding Boston, MA Francis Peter Waystack James Warren Harper Cincinnati, OH Arthur Martin Ney Jr. Thomas Randolph Harris New York, NY Milton Can- Ferguson Jr. Fred F. Harris Jr. Tallahassee, FL Kent Ames Zaiser Robert Alan Hershey Tucson, AZ Michael D. Botwin Dewey R. Hicks Jr. Dallas, TX Joseph F. Canterbury Jr. MONDAY, JANUARY 11, 1982 333

Applicant City and State Movant

Fred J. Hiestand Sacramento, CA Bruce J. Terris William B. Hollberg Atlanta, GA Michael J. Egan Charles Roberson Holton Durham, NC Judge Willis P. Whichard Michael Meredith Hooper Lexington, KY Leslie G. Whitmer Stephen Anton Hubert Las Cruces, NM Charles W. Cresswell Herbert Jefferson Hutton Philadelphia, PA Ira James Kohath Wells Jr. Arthur J. Inman Peoria, IL Robert C. Strodel Norman H. Jackman Boston, MA James D. St. Clair Robert Raymond Jacobs II Ft. Myers, FL Gerald Deller Richard Carl Jacobson Hartford, CT Irving Milton Widem Charles L. Jaffee Hollywood, FL James Cary Jacobson Van H. Johnson San Antonio, TX James Roger Bass W. Cecil Jones Philadelphia, PA Stanley Weinberg Robert Leirer Justice Logansport, IN John T. Hillis David Steven Kahn Washington, DC Michael Alan Gordon Donald H. Katz Boston, MA Albert F. Cullen Jr. Paul Howard Kehir Atlanta, GA Joseph M. Nursey Thomas Wayne Kendall Dallas, TX Thomas W. Lynch Edward Clavin Kramer New York, NY Edward Thompson Steven M. Krause Anderson, SC G. Ross Anderson Jr. Martin Krutzel New York, NY William F. Fischer Jr. James F. Lane Little Rock, AR Charles A. Brown Brian Fairfax Leary Fort Lauderdale, James O'Resta FL Murphy Jr. Irwin Richard Leben Hollywood, FL Malcolm Harold Kahl John D. Leech Cleveland, OH Herbert Bruce Griswold 334 MONDAY, JANUARY 11, 1982

Applicant City and State Movant

Herman Max Leibowitz New York, NY Melvin I. Bernstein Arthur J. Lentini Kenner, LA Stephen T. Wimberly Douglas Neal Letter Washington, DC Harvey Letter Henry David Levine Washington, DC John H. Pickering Lynn Iris Levine Washington, DC William Simon Mark S. Levine Tallahassee, FL Edward Charles Kitchen Leonard L. Lewin Boston, MA Paul Levenson Robert Houghwout Jackson Fairfax, VA Peter Andrew Loftus Arntson Lawrence J. Logan Albany, NY Shirley Adelson Siegel Glynn A. Long Donaldsonville, David Weston LA Robinson Stephen C. M. Long Albuquerque, NM Edward J. Apodaca Vincent C. Lopez Chicago, IL D. Kendall Griffith Eileen R. Lintz Madrid New Orleans, LA Brunswick G. Deutsch Marvin A. Margolis Milwaukee, WI John W. Reynolds Pamela M. Martin Denver, CO John S. Pfeiffer Michael Joseph Matthews Gonzales, LA Ralph Tureau Guyte Pierce McCord III Tallahassee, FL Judge Guyte P. McCord Jr. Walter J. Melendres Santa Fe, NM Victor R. Ortega Keith Scott Mesirow Columbus, OH William J. Brown Reuben Miller Chicago, IL Terrance Joseph Coughlin Joyce Wertheim Moore San Antonio, TX James Neal Martin Eloise L. Morgan Bronxville, NY Edwin J. Wesely George M. Morrissey Oak Lawn, IL Michel A. Coccia Frank Taylor Nagle Houston, TX Stewart Lawrence Neblett Alan Nakazawa Los Angeles, CA John F. Kimberling MONDAY, JANUARY 11, 1982 335

Applicant City and State Movant

Kelly Lee Newman Lufkin, TX Jack Pierce Lawson Ray Niles North Wilkesboro, E. James Moore NC F. Patrick O'Sullivan Hartford, CT Walter H. Scanlon Craig Warren Otto Dayton, OH John Hayes Rion Douglas John Pahl Los Angeles, CA Lawrence 0. de Coster Hubbard S. Parks San Antonio, TX James Neal Martin Wayne Douglas Parsons Honolulu, HI Hyman M. Greenstein Joseph Pastena Colonia, NJ Marcia F. Miller Mark L. Pelesh Washington, DC Ian David Volner David Richard Percio Rocky River, OH Michael T. Scanlon Joseph Michael Percio Rocky River, OH Michael T. Scanlon Robert Alan Philipson Washington, DC Dexter M. Kohn Patrick Joseph Phillips Chicago, IL Keith F. Bode Ralph Maurice Phillips Los Angeles, CA George A. Pappy William Daniel Phillips Port Orchard, WA John C. Merkel Michael L. Pitt Detroit, MI Jerome W. Kelman Phyllis M. Potterfield Charleston, WV Sarah E. Smith Donna Boyce Proctor Lexington, KY Larry H. Marshall Robert M. Pu Brattleboro, VT Frederick Pope Jr. Lido L. Puccini Franklin Lakes, Timothy G. NJ Rothwell William Patrick Quigley New Orleans, LA John Pettit Nelson Jr. Robert Michael Rader Washington, DC Solicitor General Rex E. Lee Donald Maclntyre Redden Nashua, NH Kenneth Francis McLaughlin Sheila Ann Reilly Chicago, IL LeRoy L. Bradwish Michael H. Remy Sacramento, CA Antonio Rossmann Hugh D. Rice Oklahoma City, William J. Ross OK 336 MONDAY, JANUARY 11, 1982

Applicant City and State Movant

Jerome S. Richman Miami, FL Philip Theodore Weinstein Frederick W. Riley Boston, MA Francis X. Bellotti Wayne E. Ripley Jr. Jacksonville, FL Joseph Shepard Bryan Jr. Carl Bryant Rogers Santa Fe, NM Michael Paul Gross Barbara R. Roller Los Angeles, CA Irving Kellogg James R. Rosa Washington, DC William James Stone Paul C. Rosenthal Washington, DC Patricia M. Wald Steven Alan Rothenberg Washington, DC Stephen A. Metoyer Richard Alan Rubin Philadelphia, PA David Alan Thompson Rodney Laird Russell Orlando, FL Ray McNichols Stephen Biddle Russell Fort Myers, FL Joseph Peter D'Alessandro Robert Alan Sand Burlington, NJ Paul Warren Rosenberg Donald Lee Sanders Springfield, MO Charles M. LeCompte Guy Terry Saperstein Oakland, CA Stephen P. Berzon Nusshy I. Saraya New York, NY Robert S. Persky Theodore Stephen Sasso Washington Robert Lewis Township, NJ Forst Evan B. Schenkel Los Angeles, CA Norton S. Karno Lloyd Schneider Washington, DC Joseph F. Greenfield Cheryl S. Schreiber Hollywood, FL A. Alfred Schreiber David C. Scruggs Memphis, TN Ernest G. Kelly Jr. Thomas Francis Segalla Buffalo, NY Morton Mendelsohn William C. Severin Bismarck, ND Frederick E. Saefke Jr.

Carole B. Shauffer San Francisco, CA Mark I. Soler MONDAY, JANUARY 11, 1982 337

Applicant City and State Movant

Wilson Elliott Shoup Angola, IN E. Ross Adair Marlene Koch Silverman Miami, FL Albert G. Caruana John Paul Simpkins Philadelphia, PA Ira James Kohath Wells Jr. Robert Scott Singer Miami, FL Joel H. Brown Richard H. Sinkfield Atlanta, GA Miles J. Alexander Geoffrey William Sloan Santa Fe, NM William A. Sloan Paul William Spence Baltimore, MD Fred Warren Bennett Glenn Alan Stanko Champaign, IL J. Steven Beckett John T. Stewart Chapel Hill, NC John Arlington Northen Howard L. Stone Chicago, IL James Robert Thompson Jr. John Edward Storms Jr. Wheaton, MD Sidney B. Rawitz Frank W. Summers Abbeville, LA Michael J. Molony Jr. T. Michael Sutton Dallas, TX John Beirne Tolle Peter Michael Suwak Washington, PA George B. Stegenga Robert E. Swickle Detroit, MI Leonard C. Jaques Jack H. Tasoff Los Angeles, CA David Silverton Thomas Charles Theirbah Washington, DC James J.M. Vaughan Ann Curry Thompson Detroit, MI Jerome W. Kelman Gerald George Tighe Edison, NJ Louis Domenic Mattielli Timothy M. Tippins Troy, NY Arthur F. McGinn Jr. John Joseph Toomey Chicago, IL Mark Hatlen Mennes Peter L. Townsend San Francisco, CA Maynard Garrison C. David Vaughan Atlanta, GA Charles H. Ivy Andrew N. Vollmer Washington, DC Lloyd N. Cutler William George Walker Albuquerque, NM Nancy Hollander Jeffrey Mark Weissman Miami, FL Robert L. Shevin Adam Wenner Washington, DC Gerry Levenberg 338 MONDAY, JANUARY 11, 1982

Applicant City and State Movant

William V. Westbrook III Jackson, MS Paul Roger Googe Jr. M. Hamilton Whitman Jr. Baltimore, MD Randall C. Coleman Thomas Woehrle Fairfax, VA Walter E. Thomas Edward James Woodhouse Radford, VA Stuart B. Jr. Campbell Jr. Martha Chapman Young Cullman, AL William Michael Young Stephen Paul Zachary Washington, DC John Stephen Zachary Andrew M. Zanger Los Angeles, CA Richard Glenn Berg

Admission to the Bar on Oral Motion

Applicant City and State Movant

Jane Bloom Yohalem Washington, DC Norman S. Rosenberg

Oral Argument

No. 80-1562. Marine Bank, Petitioner v. Samuel Weaver, et ux. Ar- gued by Mr. Daniel L. R. Miller for the petitioner and by Mr. Andrew J. Conner for the respondents.

No. 80-1429. Duane Youngberg, etc., et al., Petitioners v. Nicholas Romeo, an Incompetent, by his Mother and Next Friend, Paula Ro- meo. Argued by Mr. David H. Allshouse for the petitioners and by Mr. Edmond A. Tiryak for the respondents.

No. 80-1690. American Medical Association, et al., Petitioners v. Federal Trade Commission. Argued by Mr. Newton N. Minow for the petitioners and by Mr. Howard E. Shapiro for the respondent.

No. 80-1735. Federal Bureau of Investigation, et al., Petitioners v. Howard S. Abramson. Argued by Mr. Kenneth S. Geller for the petitioners and by Ms. Sharon T. Nelson for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JANUARY 12, 1982 339 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. 80-1121. United States, Petitioner v. Joseph J. Clark, et al. On writ of certiorari to the United States Court of Claims. Judgment reversed and case remanded to the Court of Claims for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor.

No. 80-965. Texaco, Inc., et al., Appellants v. Louise F. Short, et al.; and No. 80-1018. Eden H. Pond, Edna H. Bobe and Consolidation Coal

Company, Appellants v. Ulysses G. Walden, Jr., et al. Appeals from the Supreme Court of Indiana. Judgments affirmed. Opinion by Justice Stevens. Dissenting opinion by Justice Brennan with whom Justice White, Justice Marshall, and Justice Powell join.

No. 80-327. Valley Forge Christian College, Petitioner v. Americans

United for Separation of Church and State, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judg- ment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join. Dissenting opinion by Jus- tice Stevens.

No. 80-931. Charles D. Bonanno Linen Service, Inc., Petitioner v.

National Labor Relations Board, et al. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice White. Concurring opinion by Justice Ste- vens. Dissenting opinion by Chief Justice Burger with whom Justice Rehnquist joins. Dissenting opinion by Justice O'Connor with whom Justice Powell joins.

No. 80-990. Clarence E. Cabell, etc., et al., Appellants v. Jose Cha- vez-Salido, et al. Appeal from the United States District Court for the Central District of California. 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 White. Dissenting opinion by Justice Blackmun with whom Justice Brennan, Justice Mar- shall, and Justice Stevens join. 340 TUESDAY, JANUARY 12, 1982 Oral Argument

No. 80-6298. Lois Mae Mills, Appellant v. Dan Habluetzel. Argued by Mr. Michael S. Mankins for the appellant and by Ms. Lola L. Bonner for the appellee.

No. 80-2134. Foremost Insurance Company, et al., Petitioners v.

Pansy F. Richardson, et al. Argued by Mr. Arthur H. Andrews for the petitioners and by Mr. Dorsey C. Martin, III for the respondents.

No. 80-1290. William P. Clements, Jr., Governor of the State of Texas, et al., Appellants v. John L. Fashing, et al. Argued by Mr. James P. Allison for the appellants and by Mr. Raymond C. Caballero for the appellees.

No. 80-6680. Charles Ronald McElroy, Petitioner v. United States. Argued by Mr. Thomas S. White for the petitioner and by Mr. Carter G. Phillips for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, JANUARY 13, 1982 341 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.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Patricia Evelyn Mullin Chicago, IL Daniel R. Levinson Eileen Beth White Washington, DC Raymond M. Momboisse Jan Branton McMinn Mobile, AL Marvin Peter Nerseth

Opinions

No. 80-1345. Kaiser Steel Corporation, Petitioner v. Julius Mullins 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 White. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join.

No. 80-1251. United States, Petitioner v. Vogel Fertilizer Company. On writ of certiorari to the United States Court of Claims. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by Justice Blackmun with whom Justice White joins.

No. 80-1350. Community Communications Company, Inc., Petitioner v. City of Boulder, Colorado, 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 Brennan. Concurring opinion by Justice Stevens. Dissenting opinion by Justice Rehnquist with whom Chief Justice Burger and Justice O'Connor join. Justice White took no part in the consideration or decision of this case.

No. 80-1349. Washington, Petitioner v. Neil Martin Chrisman. On writ of certiorari to the Supreme Court of Washington. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Chief Justice Burger. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join. 342 WEDNESDAY, JANUARY 13, 1982

No. 80-1576. Princeton University and New Jersey, Appellants v. Chris Schmid. Appeal from the Supreme Court of New Jersey. Appeal dismissed for want of jurisdiction. Opinion per curiam. Justice Brennan took no part in the consideration or of this case.

The Chief Justice said:

"Mr. Justice Marshall is absent but reserves the right to participate in today's arguments on the, basis of the entire record, briefs, and the tape recording of the oral arguments."

Oral Argument

No. 80-60. Elvina M. Herweg, by her husband and next friend, Dar- rell E. Herweg and Darrell E. Herweg, etc., Petitioners v. Robert A.

Ray, Governor of Iowa, et al. Argued by Mr. Neal S. Dudovitz for the petitioners and by Mr. Brent R. Appel for the respondents.

No. 80-1765. American Society of Mechanical Engineers, Inc., Peti- tioner v. Hydrolevel Corporation. Argued by Mr. Harold R. Tyler, Jr. for the petitioner, by Mr. Carl W. Schwarz for the respondent, and by Mr. Stephen M. Shapiro for the United States as amicus curiae, by special leave of Court.

No. 80-1417. Mark J. Mills, et al., Petitioners v. Rubie Rogers, et al. Argued by Mr. Stephen Schultz for the petitioners and by Mr. Richard Wayne Cole for the respondents. No. 81-61. United Mine Workers of America Health and Retirement

Funds, et al., Petitioners v. Gracie Robinson and Juanita Hager, etc. Argued by Mr. E. Calvin Golumbic for the petitioners and by Mr. Larry Franklin Sword for the respondents.

At 2:30 p.m. a recess was called lasting five minutes.

Adjourned until Monday, January 18, 1982 at 10 o'clock. x (JOURNAL) FRIDAY, JANUARY 15, 1982 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.

Order in Pending Cases

No. 81-1282. National Organization for Women, Inc., et al., Appel- lants v. Idaho, et al.; and

No. 81-1283. National Organization for Women, Inc. , et al. , Petition- ers v. Idaho, et al. The parties are invited to file on or before Wednes- day, January 20, 1982 responses to the suggestion of the Solicitor Gen- eral that the Court vacate the judgment of the United States District Court for the District of Idaho on grounds of lack of ripeness, without further briefing or oral argument. V (JOURNAL) MONDAY, JANUARY 18, 1982 345 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. 80-1575. Isabelle Craig, Sole Heir-at-Law and Successor in In- terest to Carl M. Worth, and Shell Oil Company, Appellants v. John E.

Bickel, et al.; and

No. 80-1624. Myrtle Larsen, et al., Appellants v. H. John Van Slooten. Appeals from the Supreme Court of Michigan. The appeals are dismissed for want of a substantial federal question.

No. 81-600. James E. Hernandez, Appellant v. City of Lafayette,

Louisiana, et al. Appeal from the Court of Appeal of Louisiana, Third Circuit. The appeal is dismissed for want of a substantial federal question.

No. 81-961. Vigilant Insurance Company, Appellant v. Lydia Pitoniak. Appeal from the Court of Appeals of Michigan. The appeal is dismissed for want of a substantial federal question.

No. 81-1078. Bernard A. Geller, Appellant v. Merit Systems Protec- tion Board, et al. 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.

Certiorari—Summary Disposition

No. 80-1498. National Labor Relations Board, Petitioner v. H & D, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit 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 Charles D. Bonanno Linen Service, Inc. v. NLRB, 454 U.S. (1982). 346 MONDAY. JANUARY 18. 19S2

Orders in Pending Cases

No. A-570. Wilcomb E. Washburn, Applicant u. Lelia K. Washburn. The application for stay addressed to Justice O'Connor and referred to the Court is denied.

No. A-583. Vincenzo Melia, Applicant v. United States, et al. The application for recall and stay of mandate presented to Justice Marshall and by him referred to the Court is denied.

No. A-617. United States, Applicant v. Undetermined Quantities of Articles. The application for stay of the orders of the United States Dis- trict Court for the Southern District of Florida, Case Nos. 80-6400-Civ- JLK and 80-6407-Civ-JLK, entered November 13, 1981, presented to

Justice Powell and by him referred to the Court, is granted pending final disposition of the appeal to the United States Court of Appeals for the Eleventh Circuit.

No. D-255. In the Matter of Disbarment of James R. Holman. It is ordered that James R. Holman, of Tempe 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-256. In the Matter of Disbarment of Frank D. DeFrancis. It is ordered that Frank D. DeFrancis, of Dayton Ohio, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiting him to show cause why he should not be disbarred from the practice of law in this Court. No. 80-1190. Pullman-Standard, A Division of Pullman, Incorpo- rated, Petitioner i\ Louis Swint and Willie Johnson, etc.: and

No. 80-1193. United Steelworkers of America, AFL-CIO. et al., Pe- titioners v. Louis Swint and Willie James Johnson. The motion of Pull- man-Standard to reconsider order denying motion for divided argument is denied.

No. 80-1832. Immigration and Naturalization Service, Appellant v.

Jagdish Rai Chadha, et al.;

No. 80-2170. United States House of Representatives. Petitioner v.

Immigration and Naturalization Service, et al.: and

No. 80-2171. United States Senate. Petitioner v. Immigration and

Naturalization Service, et al. The motion of Council on Administrative Law of the Federal Bar Association for leave to file a brief as amicus curiae is granted. The motion of American Bar Association for leave to file a brief as amicus curiae is granted. The motion of Philip Burton, et al. for leave to file a brief as amici curiae is granted. MONDAY, JANUARY 18, 1982 347

No. 80-2043. Board of Education, Island Trees Union Free School District No. 26, et al., Petitioners v. Steven A. Pico, by his next friend, Frances Pico, et al. The motion of American Federation of Labor and Congress of Industrial Organizations, et al. for leave to file a brief as amici curiae is granted.

No. 80-2147. Connecticut, et al, Petitioners v. Winnie Teal, et al. The motion of American Federation of Labor and Congress of Indus- trial Organization for leave to file a brief as amicus curiae is granted.

No. 80-2150. Donald Finnegan, et al., Petitioners v. Harold D. Leu, et al. The motion of American Federation of Labor and Congress of In- dustrial Organizations for leave to file a brief as amicus curiae is granted. The motion of National Labor Law Center of the National Lawyers Guild for leave to file a brief as amicus curiae is granted.

No. 81-31. California, et al., Appellants v. Grace Brethren Church, et al.; and California, et al., Appellants v. Lutheran Church-Missouri Synod, et al.;

No. 81-228. United States, et al., Appellants v. Grace Brethren Church, et al.; and

No. 81-455. Grace Brethren Church, et al., Appellants v. United

States, et al. The motion of the Solicitor General for divided argument is granted.

No. 81-38. Mary Ellen Crawford, a minor, etc., et al., Petitioners v. Board of Education of the City of Los Angeles. The motion of the Solici- tor General for leave to participate in oral argument as amicus curiae and for divided argument and additional time for oral argument is granted to be allotted as follows: Counsel for respondent: 20 minutes; the Solicitor General: 15 minutes. Petitioners are also allotted an additional 5 minutes for oral argument. The motion of the Attorney General of California for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. The motion of petitioner to dispense with printing the joint appendix is granted. No. 81-202. National Association for the Advancement of Colored

People, et al., Petitioners v. Claiborne Hardware Company, 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. The motion of petitioners for divided argument is denied. Justice Marshall took no part in the consideration or decision of these motions.

No. 81-244. Jean Loretto, on behalf of herself and all others similarly situated, Appellant v. Teleprompter Manhattan CATV Corp., et al. The motion of the Attorney General of the State of New York for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied. 348 MONDAY, JANUARY 18, 1982

No. 81-280. General Building Contractors Association, Inc., Peti- tioner v. Pennsylvania, et al.;

No. 81-330. United Engineers & Constructors, Inc., Petitioner v. Pennsylvania, et al.; No. 81-331. Contractors Association of Eastern Pennsylvania and

United Contractors Association, Petitioners v. Pennsylvania, et al.;

No. 81-332. Glasgow, Inc., Petitioner v. Pennsylvania, et al.; and

No. 81-333. Bechtel Power Corporation, Petitioner v. Pennsylvania, el al. The motion of petitioner in No. 81-280 for divided argument and for additional time for oral argument is granted and an additional 15 minutes are allotted for oral argument to be divided as follows: Counsel for petitioners in Nos. 81-280 and 81-331: 20 minutes; Counsel for petitioners in Nos. 81-330, 81-332 and 81-333: 25 minutes. Respondents are also allotted an additional 15 minutes for oral argument. The motion of petitioners in Nos. 81-330, 81-331, 81-332 and 81-333 for divided argument and for additional time for oral argument is denied.

No. 81-349. Chicago Bridge & Iron Company, Appellant v. Caterpil- lar Tractor Co., et al. The motion of Committee on State Taxation of the Council of State Chambers of Commerce for leave to participate in oral argument as amicus curiae and for additional time is denied. The motion of Multistate Tax Commission for leave to participate in oral argument as amicus curiae is denied. The motion of appellees to reconsider order denying motion for additional time for oral argument is denied. Justice Stevens and Justice O'Connor took no part in the consideration or decision of these motions.

No. 81-447. City of Wichita Falls, Texas, et al, Petitioners v. Duward W. Stone. The motion of respondent for award of costs, damages and related expenses is denied.

No. 81-1098. Central Intelligence Agency and William J. Casey, Pe- titioners v. Holy Spirit Association of the Unification of World Chris- tianity. The motion of respondent to modify the order entered by the Chief Justice on November 17, 1981 is granted and the order is vacated insofar as it relates to the "35 congressionally generated documents." In all other respects, the order of the Chief Justice entered November 17,

1981 is continued pending this Court's final disposition of the petition for a writ of certiorari.

Certiorari Granted

No. 81-485. Hillsboro National Bank, Petitioner v. Commissioner of Internal Revenue; and MONDAY, JANUARY 18, 1982 349

No. 81-930. United States, Petitioner v. Bliss Dairy, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument.

Certiorari Denied

No. 80-1499. Commissioner of Internal Revenue, Petitioner v. Delta Metalforming Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-551. Alphonse Zambuto, Petitioner v. United States;

No. 81-617. David D'Angelo, Petitioner v. United States;

No. 81-754. Anthony Vallone, Petitioner v. United States; and

No. 81-805. Anthony Todisco, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-605. City of Lafayette, Petitioner v. James E. Hernandez. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-630. J. G. Cryan, etc., Petitioner v. Board of Governors of the Registered Dentists of Oklahoma. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 81-649. Peggy Collins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-650. Alexander Kulik, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-685. John M. Grieg, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-701. Taylor Diving & Salvage Company, Inc., et al., Petition- ers v. Paul J. Gaspard. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-702. Goldfield Deep Mines Company of Nevada, et al, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-721. William J. Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 81-722. Oglala Sioux Tribe of the Pine Ridge Indian Reservation,

Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 350 MONDAY, JANUARY 18, 1982

No. 81-726. Jamiel Chagra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-751. Robert S. Mandelkorn and Eugenia Mandelkorn, Peti- tioners v. Thomas Joseph Ward, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-755. Burlington Northern, Inc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-772. Reader's Digest Association, Inc., Petitioner v. United States, Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 81-775. New England Teamsters and Trucking Industry Pension

Fund, Petitioner v. William L. Bunnell, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-783. Martha J. Teclaw, Petitioner v. James G. Watt, Secre- tary, Department of Interior. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-812. George E. Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-828. Crude Company and John Allen Masek, Petitioners v. United States; No. 81-936. Charles Goss and Ball Marketing Enterprises, Petition- ers v. United States;

No. 81-952. R. Stanley Corbitt, Petitioner v. United States; and

No. 81-962. James E. Fisher, Petitioner u. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-830. Peter McCann Giesey, Petitioner v. Donald J. Devine,

Director, Office of Personnel Management, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Co- lumbia Circuit denied.

No. 81-849. Benjamin G. Sprecher, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-860. Alvin R. Yapalater, Petitioner v. Charles W. Bates, etc.,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. MONDAY, JANUARY 18, 1982 351

No. 81-873. Barbara Strzelecki and James Strzelecki, Petitioners v. Donna Sweatlock, et al. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 81-937. Deer Park Medical Group, P. A. Money Purchase Pen- sion Plan, Petitioner v. Cheryl Winchell. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81-938. Hartsell Gray, Individually and in his capacity as Trea- surer of Harris County, Texas, etc., Petitioner v. Gary John Van Ooteghem. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-941. D. W. Browning Contracting Co., et al., Petitioners v. National Stabilization Agreement of the Sheet Metal Industry Trust

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

No. 81-943. Prime Movers, Inc., et al., Petitioners v. Kentucky

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

No. 81-965. Philip Gutter, Petitioner v. Merrill Lynch, Pierce, Fenner & Smith, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-967. Milton Margoles, Petitioner v. Alida Johns, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-968. Witco Chemical Corporation, et al., Petitioners v. Roger

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

No. 81-975. James K. J. Cheng, Petitioner v. GAF Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-977. Schneider Transport, Inc., Petitioners. Dale Cattanach, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1006. Vibrant Sales, Inc., Petitioner v. New Body Boutique, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1083. Sam S. Sarcinelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 81-1094. John Francis Kretchmar and Frank Richard Sleyko, .

352 MONDAY, JANUARY 18, 1982

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

No. 81-1102. Miriam Rodriquez Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1141. Donald Ribotsky, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-5532. Frank Cole Whalen, Jr., Petitioner v. Delaware. Peti- tion for writ of certiorari to the Supreme Court of Delaware denied.

No. 81-5540. Phillip Guy Stephens, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 81-5567. Robert F. Leonard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5594. James Piatt, Petitioner v. Paul Lovett, et al. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 81-5605. Robert F. Leonard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5615. Thomas Sparks, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5736. Calvin Lee, Petitioner v. David R. Harris, Superinten- dent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5744. John Claude Bush, Petitioner v. R. M. Muncy, Superin- tendent, P.C.C., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5747. Tobias Q. Poole, Petitioner v. E. P. Perini, Superinten- dent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5750. Don Boag, Petitioner v. California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5751. William E. Weaver, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. MONDAY, JANUARY 18, 1982 353

No. 81-5752. Lemonta Renna McBroom, Petitioner v. D. J. McCar- thy, Superintendent, California Men's Colony. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5753. Miguel A. Martinez, Petitioner v. Ohio Bureau Of Em- ployment Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5754. Allen Lane Dunbar, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5758. Harold Levine Grant, 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. 81-5760. Monserrate Zapata, Petitioner v. Julius T. Cuyler, Su- perintendent, State Correctional Institution, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 81-5762. Kenneth L. Gaston, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New

York, Fourth Jud. Dept. , denied.

No. 81-5763. William T. Hamlin, Petitioners E. C. Warren, Sheriff. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5764. Ralph Brannon, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-5765. James Wesley Bryant, Petitioner v. Paul DeFrancis,

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

No. 81-5768. Ira Lee West, Petitioner v. James Mabry, Commis- sioner, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5769. Thomas Lee Dillard, Petitioner v. J. R. Martin, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5770. L. D. Hilliard, Petitioner v. R. G. Simpson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5824. Michael Alexander Bethea, Petitioner v. Jack Hanberry. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 354 MONDAY, JANUARY 18, 1982

No. 81-5854. Melissa Anne Phillips, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5860. Marvin Crenshaw, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5862. William J. Vandetti, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5866. Dillard Morrison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5875. Vicki Lynette Winter, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5878. Thomas A. Quarry, Petitioner v. General Accounting Office. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 81-5879. Caroline Ware, Petitioner v. Richard S. Schweiker, Jr., Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5889. Robert Ryndak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5890. Joel Simko, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-604. Leonard Joseph Campagno, Petitioner v. Florida. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 81-940. Myrtle Green Burton, et al., Petitioners v. City of Jack- son, Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Brennan and Jus- tice Marshall would grant certiorari.

No. 81-974. Theatres West, Inc., et al, Petitioners v. John Holmes, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. Justice Brennan and Justice Marshall would grant certiorari. MONDAY, JANUARY 18, 1982 355

No. 81-934. Richard Arlington, Jr. Mayor of the City of Birming- , ham, et al., Petitioners v. Associated General Contractors of America, Alabama Branch, Inc., et al. Petition for writ of certiorari to the Su- preme Court of Alabama denied. Justice Brennan would grant certiorari.

Habeas Corpus Denied

No. 81-5612. In Re Roger Aldworth Beach, Petitioner; No. 81-5859. In Re Ronald M. King, Sr., Petitioner; and No. 81-5869. In Re Joseph Clayborne, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 81-5761. In Re Joe Widemon, Petitioner. Petition for writ of mandamus denied. No. 81-5880. In Re William D. Paul, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied

No. 81-5585. Joseph Edward Lunz, Petitioner v. Anthony Jimenez, et al.; and

No. 81-5627. Richard P. Williams, Petitioner v. United States. Peti- tions for rehearing are denied.

No. 80-2074. Charles W. Worrell, etc., Petitioner v. United States. Petition for rehearing denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-500. M. Thora Worrell, Petitioner v. B. F. Goodrich Com- pany. The motion for leave to file a petition for rehearing is denied.

Recess Order

The Court will take a recess from Monday, January 25, 1982, until Monday, February 22, 1982.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Kenneth Robert Adamo Chicago, IL Sidney Neuman Mark H. Alcott New York, NY Simon H. Rifkind Dwight L. Armstrong Newport Beach, John W. Prager CA Jr. . A —

356 MONDAY, JANUARY 18, 1982

Applicant city ana otate Movant

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Alan R RavhiVk Miami111. Id L 111 FLX I J Miphapl Thomas j

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Dnnalrl13UildlU T, 13PprtpllpCI LCilC V^illCdgU, IXj VjreUxr^-prkverpgt: 13.P r^.rillincv^Ulllilo T'Vinmac. Sr»avlptt IVatlUCCllTCathlppn XT.Annp1 1 1 J C RlapkhnvnLP i

Tampc ~\AT Pvannicran Tv 0 dlllcb VV . X3I allillgd.ll O I AnoiKtn MF, v^lldx ltro l\lld|jp T iPaHVipttpv James M. Broadstone Washington, DC Christopher T. Boland John Starks Burgin Greenville, SC J. Hamilton Stewart III John Edward Burke Chicago, IL Richard J. Rappaport Thomas Eldridge Carr Fort Worth, TX Cecil A. Morgan Joseph Nicholas Casciato Chicago, IL William J. Harte

John E. Cepican Davenport, I H. Robert Henderson James Albert Cobb Jr. New Orleans, LA Matthew H. Greenbaum Stephen William Comiskey Washington, DC Dennis P. Bedell John J. Cooper New Orleans, LA Peter J. Abadie MONDAY, JANUARY 18, 1982 357

Applicant City and State Movant

John Jefferson Copelan Jr. Miami, FL Raymond Charles Ruppert Mark Wayne Crouch Atlanta, GA Charles Longstreet Weltner John William Dawson San Jose, CA Fernando Rochin Zazueta John W. Dumas Santa Ana, CA Keith C. Monroe David Dunn Douglaston, NY Jacob P. Billig John C. Elstead San Francisco, CA Arthur Wells Jr. Richard Stuart Ewing Indianapolis, IN John Gerald Forbes Jr. Robert D. Feighner Long Beach, CA Michael M. Gless Martin L. C. Feldman New Orleans, LA Sylvan Julian Steinberg Douglas W. Ferguson Meadville, PA John M. Dawson Christopher Rogers Fertig Fort Lauderdale, Walter G. FL Campbell Jr. William Torrance Fiddes Houston, TX Roy Forrest Jr. Martin III David Joseph Finger Miami, FL Alexander E. Finger Randall E. Fisher Wichita, KS William Tinker Risselle Rosenthal Fleisher Baltimore, MD Stephen H. Sachs Jose Garza San Antonio, TX Joaquin G. Avila Alan Robert Geist White Plains, NY John L. Murray Glenn Marc Gerlanc Hackensack, NJ Irving C. Evers Matthew Carlo Giannini Youngstown, OH Thomas Edward Infante Elmer Angelo Giuliani Cleveland, OH Carl G. McMahon Richard William Golden New York, NY Melvyn Rosenman Leventhal Geoffrey Lloyd Graybill Sacramento, CA George J. Roth Connie Gaeta Gurich Palos Verdes, CA Brendan P. Carmody 358 MONDAY, JANUARY 18, 1982

Applicant City and State Movant

Ronald P. Guyer San Antonio, TX Daniel A. Naranjo Alan Howard Haggard Chicago, IL Timothy John Stock John Franklin Hall Washington, DC Joseph B. McGrath John Layne Hammons Shreveport, LA Sydney Banks Nelson Ann Aphrodite Hatchion Tustin, CA Earle Joseph Dumont Jr. C. Thomas Hectus Louisville, KY David L. Gittleman Aaron Neal Herrington Louisville, KY William Cameron Stone Richard Michael Hoefflin Los Angeles, CA Leon Lewitt Thomas Scheie Hoekstra San Antonio, TX William Jonathan Grove Jr. Everett Oliver Inbody II Wahoo, NB Thomas R. Burke Robert Franklin Jaffe Vero Beach, FL Jerome F. Kramer John Smith Jenkins Alexandria, VA Steven Bruce Kantrowitz Thomas L. Jensen London, KY Boyd F. Taylor Randall Garnet Johnson Richmond, VA Oliver W. Hill Sr. William Allan Johnston III Winchester, VA Thomas John Bacas Keith Dunn Jones Baton Rouge, LA R. Gordon Kean Jr. Philip Clark Jones Washington, DC Harold Martin Carter Jonathan Saville Kitchen San Francisco, CA Bruce Halliday Jackson Daniel Lewis Koffsky Washington, DC Harold D. Koffsky Arthur Kokot New York, NY Richard Leonard Barovick Alan Konefsky Washington, DC William Albert Carnahan MONDAY, JANUARY 18, 1982 359

Applicant City and State Movant

Lawrence Thomas Chicago, IL Michael Allen Krulewich Kreloff Robert A. Kutcher New Orleans, LA Sylvan Julian Steinberg Anthony B. Lamb Williston, VT Alan David Port John Benjamin Lampi Mechanicsburg, John Jeffries PA Shumaker Steven Eric Liebman West Hempstead, Solomon Liss NY Justin W. Louie San Francisco, CA Ellen Denise Tiger Eugene Orvil Maley Indianapolis, IN John T. Hume III David Edward May San Francisco, CA Daniel E. Collins III Kathryn Wohlsen Mayer Allentown, PA William C. Wickkiser Ward J. Mazzucco Danbury, CT Theodore Stevens Bliss Mary Ellen McCarthy West Springfield, Kenneth P. MA Neiman

Robert F. McDermott Jr. Alexandria, VA Donald I. Baker Becky McGee Dallas, TX Thomas W. Lynch Katherine Seay McHugh Boston, MA James Francis McHugh III James Lake Merrill Denver, CO Michael Douglas White Robert Milbank Jr. Dallas, TX Richard M. Lannen David Watkins Mockbee Jackson, MS Ross Frederick Bass Jr. Wayne Stuart Moss Augusta, ME Charles Knapp Leadbetter Randy M. Mott Washington, DC Raymond J. Rasenberger Scott William Muller New York, NY Samuel Hazard Gillespie Jr. 360 MONDAY, JANUARY 18, 1982

Applicant City and State Movant

Carey B. Murphy Anderson, SC Judge G. Ross Anderson Jr. Lee G. Nollau Bellefonte, PA Robert Allan Mix Edward John O'Neill Jr. Houston, TX Joseph Eugene Clements Lincoln C. Oliphant Arlington, VA John Y. Merrell Billie Jo Owens Sarasota, FL Edward F. Boardman Joyce Ann Parisi Hackensack, NJ Irving C. Evers Robert Stephen Payne Oklahoma City, Collier Hodge OK Pate John A. Payton Washington, DC Dennis M. Flannery Fred W. Phelps Jr. Topeka, KS Judge Sam A. Crow Rosalee Pothier Santa Ana, CA William A. Hogie Max Rattner Chicago, IL Irving Goodman Grover Rees III Lafayette, LA Albert Tate Jr. Glen Michael Reiser Oxnard~ CA William Harley Hair Robert Francis Reklaitis Washington, DC John Gobel DeGooyer William Gene Retert Fond du Lac, WI Garrett N. Kavanagh James Alan Riedy Washington, DC David Arnold Hildebrandt Catherine A. Riley Titusville, FL John M. Schwartz Mark Stephen Riley Baton Rouge, LA Anthony Frank Mielczarski Jr. Gary Lee Robbins Jackson, MO Rush H. Limbaugh Charles Thomas Roessing Philadelphia, PA Joseph H. Foster David C. Roseman Washington, DC Robert Bruce Wallace Michael Ross New York, NY John S. Martin Jr. MONDAY, JANUARY 18, 1982 361

Applicant City and State Movant

Edward C Rustie^an Chicago IL Justin A Stanlev David M. Saltiel Boston, MA Duane R. Batista John Whittier Scott Jr. Fredericksburg, Samuel Wilbert VA Tucker Philip S. Shailer Fort Lauderdale, Russell E. Carlisle FL Donald Jay Simon Washington, DC Archibald Cox Winfield James Sinclair Montgomery, AL Philip Christopher Davis George Richard Singeltary Tavares, FL Horace Danforth Robuck Jr. Joseph Charles Sorbello Newport Beach, Dennis Michael CA Warren Lee Hunter Spence Washington, DC Robert Lawrence Ash Edward S. Stafman Tallahassee, FL Jerry G. Traynham William J. Stein Cincinnati, OH Santo Joseph Costa George James Stephan Palm Springs, CA Alvin Gerald Kalmanson Gerald Carey Sterns San Francisco, CA Thomas George Smith Lori Stone Chicago, IL John C. Polales Fred Wilson Suggs Jr. Greenville, SC James Frank Ogletree Jr. Kenneth C. Thiess Meadville, PA John M. Dawson Robert J. Thomas Jr. St. Louis, MO Robert W. Saitz James K. Thome Detroit, MI John Merrill Heaphy Jr. David Bruce Unger Perth Amboy, NJ Judge Edward Gaulkin David Lee Upcher San Francisco, CA Terrence A. Callan

Michael Masaharu Ushijima Chicago IL WavneT T dr V llv BX-/ • Giampietro Leroy P. Vital Chicago, IL Raymond Earl Harth James Alan Wade Duluth, MN Robert James Zallar 362 MONDAY, JANUARY 18, 1982

Applicant City and State Movant

Lois McS. Webb Pittsburgh, NY J. Byron O'Connell Eugene Remy Weir Coshocton, OH Milan E. Frase L. Ramsay Weit Portland, OR Michael H. Marcus Terence J. Werdel Bakersfield, CA Thomas R. Davis Laurence J. Yadon II Tulsa, OK Bethel B. Larey Thomas A. Yoder Toledo, OH David M. Schnorf Constance Elizabeth Zee Los Angeles, CA William H. Dorsey Jr. Harvey N. Zimmerman Baltimore, MD Bennett Drew Fultz Walter Kenneth Zuk Cincinnati, OH Christian Erhardt III

Oral Argument

No. 80-2165. James M. Murphy, District Judge, Fourth Judicial Dis- trict of the State of Nebraska, Douglas County, Appellant v. Eugene L. Hunt. Argued by Mr. Terry R. Schaaf for the appellant and by Mr. Bennett G. Hornstein for the appellee. No. 80-1556. Kenneth Cory, Controller of the State of California, et al., Petitioners v. Mark White, Attorney General of the State of Texas, et al. Argued by Mr. Jerome B. Falk, Jr. for the petitioners, by Mr. 0.

Clayton Lilienstern for respondents Lummis, et al. and by Mr. Rick Harrison for respondents White and Bullock.

No. 80-1045. Jacksonville Bulk Terminals, Inc., et al, Petitioners v.

International Longshoremen's Association, et al. Argued by Mr. Thomas P. Gies for the petitioners and by Mr. Ernest L. Mathews, Jr. for the respondents. No. 80-1663. International Longshoremen's Association, AFL-CIO, et al., Petitioners v. Allied International, Inc. Argued by Mr. Ernest L. Mathews, Jr. for the petitioners, by Mr. Duane R. Batista for the respondent, 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 19, 1982 363 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Justice 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

Roger Kramer San Diego, CA Rex E. Lee Solicitor General Beth Joan Leif New York, NY Jack Greenberg Caroline Evelyn Wells Mobile, AL Jan Branton McMinn Willaim Jeremiaj Donovan, Washington, DC Fred M. Haden Jr. Steven L. Winter New York, NY James M. Nabrit, III

Opinions

No. 80-5727. Monty Lee Eddings, Petitioner v. Oklahoma. On writ of certiorari to the Court of Criminal Appeals of Oklahoma. Judgment reversed to the extent that it sustains the imposition of the death penalty, and case remanded to the Court of Criminal Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Jus- tice Powell. Concurring opinion by Justice Brennan. Concurring opinion by Justice O'Connor. Dissenting opinion by the Chief Justice with whom Justice White, Justice Blackmun, and Justice Rehnquist join.

No. 80-847. Common Cause, et al., Appellants v. Harrison Schmitt, et al.; and

No. 80-1067. Federal Election Commission, Appellant v. Americans for Change, et al. Appeals from the United States District Court for the District of Columbia. Judgments affirmed by an equally divided Court. Opinion per curiam. Justice O'Connor took no part in the consideration or decision of these cases.

Oral Argument

No. 80-1481. Bread Political Action Committee, et al, Appellants v.

Federal Election Commission, et al. Argued by Mr. Jeffrey Cole for the appellants and by Mr. Charles N. Steele for the appellees. 364 TUESDAY, JANUARY 19. 1982

No. 80-1749. Federal Energy Regulatory Commission, et aL, Appel- lants v. Mississippi, et al. Argued by Mr. Solicitor General Rex E. Lee for the appellants and by Mr. Alex A. Alston, Jr. for the appellees.

No. 80-1199. American Tobacco Company, et al., Petitioners v. John

Patterson, et al. Argued by Mr. Henry T. Wickham for the petitioners American Tobacco Co., et al., by Mr. Ronald Rosenberg for the petitioner Unions, by Mr. Henry L. Marsh, III, for the respondents John Patterson, et al., and by Mr. David A. Strauss for the respondent EEOC, pro hac vice, by special leave of Court. No. 80-1190. Pullman-Standard, A Division of Pullman, Incorpo- rated, Petitioner v. Louis Swint and Willie Johnson, etc.; and

No. 80-1193. United Steelworkers of America, AFL-CIO, et al., Pe- titioners v. Louis Swint and Willie James Johnson. Argued by Mr. Mi- chael H. Gottesman for the petitioners and by Miss Elaine R. Jones for the respondents.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, JANUARY 20, 1982 365 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 Anson Glazer Washington, DC Thomas Fort Williamson Leonard J. Dack Washington, DC Jason David Smolen Mary P. Bass New York, NY Daniel T. Scannell Thomas M. Taranto Syosset, NY Daniel T. Scannell Walter E. Zullig, Jr New York, NY Daniel T. Scannell Harnam Singh Arneja Silver Spring, MD Alan John Leidecker Oral Argument

No. 80-1285. Carl W. Brown, Petitioner v. Earl J. Hartlage. Argued by Mr. Fred M. Goldberg for the petitioner and by Mr. L. Stanley Chauvin, Jr. as amicus curiae in support of the judgment below.

No. 80-1348. Florida Department of State, Petitioner v. Treasure Salvors, Inc., etc. Argued by Mrs. Susan Gamble Smathers for the petitioner, pro hac vice, by special leave of Court, and by Mr. David Paul Horan for the respondent.

No. 80-1925. United Transportation Union, Petitioner v. Long Island

Railroad Company, et al. One hour and thirty minutes allowed for oral argument. Argued by Mr. Edward D. Friedman for the petitioner, by

Mr. Joshua I. Schwartz for the United States as amicus curiae, by special leave of Court, and by Mr. Lewis B. Kaden for respondent.

Adjourned until Monday, January 25, 1982 at 10 o'clock. x

(JOURNAL) MONDAY, JANUARY 25, 1982 367 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, 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. 81-476. Walter W. Cohen, etc., et al., Appellants v. Disciplinary Board of the Supreme Court of Pennsylvania, et al. Appeal from the Supreme Court of Pennsylvania, Middle 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 White and Justice Stevens would postpone further consideration of the question of jurisdiction to a hearing of the case on the merits.

No. 81-639. Lawrence Regira, Jr., et al., Appellants v. Ralph

Falsetta, et al. Appeal from the Supreme Court of Louisiana. The appeal is dismissed for want of a substantial federal question.

No. 81-840. Gene Peters, Appellant v. Les J. Sjoholm, 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. 81-1002. Cleveland Electric Illuminating Company, Appellant v.

Office of Consumers' Counsel, et al. Appeal from the Supreme Court of

Ohio. The motion of Edison Electric Institute for leave to file a brief as amicus curiae is granted. The appeal is dismissed for want of a properly presented federal question.

No. 81-1031. David Treen, et al, Appellants v. Karen B., et al. Ap- peal from the United States Court of Appeals for the Fifth Circuit. The judgment is affirmed.

Certiorari—Summary Disposition

No. 80-6725. Andrew Phillip Legare, Petitioner v. Walter B. Zant, Superintendent, Georgia Diagnostic & Classification Center. On petition for writ of certiorari to the Supreme Court of Georgia. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Georgia for further consideration in light of Eddings v. Oklahoma, 455 U.S. (1982). 368 MONDAY, JANUARY 25, 1982

Orders in Pending Cases

No. . Local 806, Allied Industrial Workers of America, AFL- CIO, Petitioner v. Caterpillar Tractor Co. and National Labor Rela-

tions Board. The motion of petitioner to direct the Clerk to file the peti-

tion for a writ of certiorari is denied.

No. A-574. John C. Amis, President, Amey-Monge, Inc., Applicant v. United States and Arthur Brake, Revenue Agent, IRS. The applica-

tion for stay addressed to Justice O'Connor and referred to the Court is denied.

No. A-593. Janice Ching Yee, Applicant v. Harold Shintaku, Judge, et al. The application for stay addressed to Justice O'Connor and referred to the Court is denied. No. A-610. Local 1814, International Longshoremen's Association, etc., et al., applicants v. Waterfront Commission of New York Harbor. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

No. 78-1545. Anne B. Zipes, et al., Petitioners v. Trans World Air- lines, Inc.; and No. 80-951. Independent Federation of Flight Attendants, Petitioner

v. Trans World Airlines, Inc., et al. The motion of petitioner in No. 80-

951 for leave to file a supplemental brief, after argument, is granted. Justice Stevens took no part in the consideration or decision of this motion.

No. 80-1429. Duane Youngberg, etc., et al, Petitioners v. Nicholas Romeo, an Incompetent by his Mother and Next Friend, Paula Romeo.

The motion of Lowell P. Weicker, Jr., et al. to reconsider denial of

leave to file a brief as amici curiae, out of time, is denied.

No. 80-1924. Caspar W. Weinberger, Secretary of Defense, et al.,

Petitioners v. Anthony M. Rossi, et al. The motion of William V. Chap-

pell, Jr., et al. for leave to file a brief as amici curiae is granted.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. The motion of Covenant House for leave to file a brief as amicus curiae is granted.

The motion of Charles H. Keating, Jr., et al. for leave to file a brief as amici curiae is granted.

No. 81-150. Northern Pipeline Construction Co., Appellant v. Mara- thon Pipe Line Company and United States; and

No. 81-546. United States, Appellant v. Marathon Pipe Line Co., et al. The motion of Commercial Law League of America for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied. MONDAY, JANUARY 25, 1982 369

No. 81-225. Blue Shield of Virginia, et al., Petitioners v. Carol McCready. The motion of American Psychological Association for leave

to file a brief as amicus curiae is granted.

No. 81-341. Joseph Greene, et al., Appellants v. Linnie Lindsey, et

al. The motion of National Housing Law Project for leave to file a brief as amicus curiae is granted.

No. 81-349. Chicago Bridge & Iron Company, Appellant v. Caterpil-

lar Tractor Co. , 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 Stevens took no part in the consideration or decision of this motion.

No. 81-411. Jackson Transit Authority, et al., Petitioners v. Local Division 1285, Amalgamated Transit Union, AFL-CIO-CLC. The motion of Public Service Research Council for leave to file a brief as amicus curiae is granted. The motion of National Institute of Municipal Law Officers for leave to file a brief as amicus curiae is granted. The

motion of American Public Transit Association for leave to file a brief as amicus curiae is granted. No. 81-420. R.C. Marshall, Superintendent, Southern Ohio Correc- tional Facility, Petitioner v. Robert Lonberger. The motion for appoint-

ment of counsel is granted and it is ordered that John Czarnecki, Es- quire, of Toledo, Ohio, is appointed to serve as counsel for the respondent in this case.

No. 81-451. Ralph Hathorn, et al., Petitioners v. Mrs. Bobby

Lovorn, et al. The motion of the parties to dispense with printing the joint appendix is denied.

No. 81-1112. Mayor and City Council of Baltimore, et al., Petitioners

v. Robert W. Johnson, et al. The motion of petitioners to expedite consideration of the petition for certiorari is denied.

Appeals—Jurisdiction Noted or Postponed

No. 81-708. City of Port Arthur, Texas, Appellant v. United States, et al. Appeal from the United States Court of Appeals for the District of Columbia Circuit. The motion of appellees Jenkins and Douglas for leave to proceed in forma pauperis is granted. In this case probable jurisdiction is noted.

No. 81-750. Fidelity Federal Savings and Loan Association, et al.,

Appellants v. Reginald D. de la Cuesta, et al. Appeal from the Court of Appeal of California, Fourth Appellate District. In this case probable jurisdiction is noted. Justice Powell took no part in the consideration or decision of this case. 370 MONDAY, JANUARY 25, 1982

No. 81-1282. National Organization for Women, Inc., et al., Appel- lants v. Idaho, et al.; and No. 81-1312. Gerald P. Carmen, Administrator, General Services, Appellant v. Idaho, et al. Appeals from the United States District Court for the District of Idaho. The motion of appellants in No. 81-1282 to expedite consideration of the jurisdictional statement is granted. The motion, in all other respects including the request to expedite plenary consideration, is denied. The motion of Democratic National Committee for leave to file a brief as amicus curiae in No. 81-1282 is granted. The motion of American Federation of Labor and Congress of Industrial

Organizations, et al. for leave to file a brief as amici curiae in Nos. 81-

1282 and 81-1283 is granted. The motion of Thomas P. O'Neill, Jr., et al. for leave to file a brief as amici curiae in Nos. 81-1282 and 81-1283 is granted. The motion of Jake Garn, et al. for leave to file a brief as amici curiae in Nos. 81-1282 and 81-1283 is granted. The motion of Joseph E.

Brennan, Governor of Maine, et al. for leave to file a brief as amici curiae in Nos. 81-1282 and 81-1283 is granted. The motion of Charles Robb, Governor of Virginia, et al. for leave to join the motion of Joseph

E. Brennan, Governor of Maine, et al. in Nos. 81-1282 and 81-1283 is granted. The motion of American Bar Association for leave to file a brief as amicus curiae is granted. The motions of ERAmerica, et al. for leave to file briefs as amici curiae in Nos. 80-1282 and 81-1283 are granted. In these cases further consideration of the question of jurisdiction is postponed to the hearing of the cases on the merits. The cases are consolidated with Nos. 81-1283 and 81-1313. The judgment of the United States District Court for the District of Idaho is stayed pending the sending down of the judgment of this Court.

Certiorari Granted

No. 81-1003. Kevin H. White, etc., et al., Petitioners v. Massachu-

setts Council of Construction Employers, Inc., et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts granted.

No. 81-1283. National Organization for Women, et al., Petitioners, v. Idaho, et al.; and No. 81-1313. Gerald P. Carmen, Administrator, General Services,

Petitioner, v. Idaho, et al. The motion of petitioners in No. 81-1283 to expedite consideration of the petition for a writ of certiorari before judgment is granted. The motion, in all other respects including the request to expedite plenary consideration, is denied. The petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit before judgment are granted. The cases are consolidated with Nos. 81-1282 and 81-1312. The judgment of the United States District Court for the District of Idaho is stayed pending the sending down of the judgment of this Court. MONDAY, JANUARY 25, 1982 371 Certiorari Denied

No. 81-423. Steven Donald Alander, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 81-644. Glynn Richard Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-718. Roy Sumner, et ux., Petitioners v. Catherine S. Sheppard. Petition for writ of certiorari to the Supreme Court of Kan- sas denied.

No. 81-762. Billie Sol Estes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-779. Jeston Holland, Petitioner v. Sea-Land Service, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-781. Sea-Land Service, Inc., et al., Petitioners v. Alaska Rail- road, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-796. John Allen Andrews, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-814. Gerald Millis Cady, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-856. Michael Delno Schriever, Petitioner v. United States; and

No. 81-870. Thomas N. Williams, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-877. Raymond W. Zwego, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-886. Sailors' Union of the Pacific, AFL-CIO, Petitioner v. Richard S. Schweiker, Secretary, Department of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-910. Ernest P. Murphy, Sheriff of Osceola County, et al., Pe- titioners v. Don A. Adams. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 372 MONDAY, JANUARY 25, 1982

No. 81-921. Joy Kessinger, Leonard Casey and Royal Case, Petition- ers v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-923. Odell C. Tant, etc., Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-945. Larry Scoles, etc., Petitioner v. Raymond J. Donovan, Secretary of Labor, United States Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-954. First Pentecostal Church, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-971. Wynn Oil Company, Petitioner v. Southern Union Ex- ploration Companyo Petition for writ of certiorari to the Court of Ap- peals of New Mexico denied.

No. 81-976. Harry Donovan Lowe, Petitioner v. Ohio State Bar Association. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-978. Glitsch, Inc., Petitioner v. Bennie D. Jones. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-988. Commodore Business Machines, Inc. and Commodore Business Machines (Canada) Limited, Petitioners v. McDonnell Doug- las Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-997. Richard Charlton, Petitioner v. Cortez Development

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

No. 81-1007. Lektro-Vend Corp., et al., Petitioners v. Vendo Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 81-1009. Auburn News Company, Inc., et al., Petitioners v. Providence Journal Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1013. Clifford Johnson, Petitioner v. Superior Court of Cali- fornia, City and County of San Francisco (Bank of America, N.T. & S.A., et al., Real Parties in Interest). Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-1018. William J. Vorbeck, et al., Petitioners v. John A. MONDAY, JANUARY 25, 1982 373

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

No. 81-1025. Nercelia Watts, et al., Petitioners v. Willie W. Cook, et

al. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 81-1053. Robert M. Couf, et al., Petitioners v. Karleet

DeBlaker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 81-1057. Warren Barnes, Sheriff of Washington County, Ore- gon, Petitioner v. Allen Isaac Carden. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 81-1072. James W. Harper, Petitioner v. Barnes Group, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1117. Robert D. Rufenacht, et al., Petitioners v. Iowa Beef Processors, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1125. Reza Sedigh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1147. Jose Elibardo Lerma, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1165. David Leader and Norman Leader, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1169. Martin Dearmas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1199. Donald Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-5519. Norman A. Ayers, Petitioner v. George H. Collins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5576. Hugh Palmer, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-5604. Mark A. Hopkinson, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. 374 MONDAY, JANUARY 25, 1982

No. 81-5624. Walter Paul Arnold, Petitioner v. Ronald Marshall, Su- perintendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the SLxth Circuit denied.

No. 81-5629. David Leslie Murtishaw, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied.

No. 81-5648. 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. 81-5670. Pedro Gomez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5694. James Gilbert Crick, Petitioner v. Steve Smith, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5708. Leroy Alexander Mazyak III, Charles Franklin Adams and Charles Fletcher Allen, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-5713. Jesus E. Cortez, etc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5721. Yvonne McClendon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5746. Terry Yazzie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5771. Henry Winters, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-5774. Pilar Vasquez-Gonzales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5775. Anthony Jiles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5776. Michael C. Antonelli, Petitioner v. Old Republic Insur- ance Co. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5778. Lowrant Kelly, Petitioner v. Oklahoma Pardon and Pa- MONDAY, JANUARY 25, 1982 375 role Board, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5781. Pinson Bennett, Petitioner v. Ford Motor Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5782. Joseph S. Chicco, Petitioner v. Robert E. Peck, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5785. Ulice Mclntyre, Petitioner v. Paul J. Morris, Warden. Petition for writ of certiorari to the United States Court of Appeals for

. the Ninth Circuit denied. :

No. 81-5791. Mansoor Usamah Amir, Petitioner v. Sacred Heart Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5796. Victor Eugene Bromwell, Petitioner v. Delaware. Peti- tion for writ of certiorari to the Supreme Court of Delaware denied.

No. 81-5797. George Reynold Evans, Sr., Petitioner v. Amos Reed, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-5798. David C. Johnson, 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. 81-5800. Jacob Moore, Petitioner v. Louie L. Wainwright, Secre- tary, Florida Department of Offender Rehabilitation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-5803. Kathleen Phillips, et al., Petitioners v. Pennsylvania

Higher Education Assistance Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5804. John E. Reneer, Petitioner v. Stephen T. Smith, Su- perintendent, Kentucky State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5805. Joseph S. Chicco, Petitioner v. City of New Bedford, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-5806. Irving Pleasant, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-5808. Herman Edward Tinkle, Petitioner v. United States; and 376 MONDAY, JANUARY 25, 1982

No. 81-5913. Charles Richard Garrett, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5809. Anthony Scott, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5811. Charles Cunningham, Petitioner v. E. P. Perini, Su- perintendent. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5814. Edmer A. Goetz, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied.

No. 81-5816. William A. Moye, Petitioner v. Lt. Van L. Barnes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5818. Abdullah Ramadan Shabazz, Petitioner v. Gary D. Maynard, Warden, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5819. Allen L. Penoyer, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-5821. John Henry Alford, Petitioner v. Samuel P. Garrison, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-5825. William Hawkins, Petitioner v. West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

No. 81-5829. Frank Spradlin, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 81-5835. Otto Krupp, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 81-5842. Billy Roy Moss, Petitioner v. Gary M. Polland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5843. Charles Myers, Petitioner v. Richard Johnston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5850. Lavarn C. Watson, Petitioner v. George Busbee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, JANUARY 25, 1982 377

No. 81-5851. Lavarn C. Watson, 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. 81-5856. Joe Reddish, Petitioner v. Louie L. Wainwright, Secre- tary, Florida Department of Offender Rehabilitation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-5881. Earl Foddrell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5891. Ronald Best, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York,

Second Jud. Dept. , denied.

No. 81-5909. Ollie Frances Carter, Jr. , Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5911. Bobby Todd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5915. Terry Austen Pool, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-5916. Rudolph Marquez Torres and Richard Steven Montes, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5918. John C. Hollingshead, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5923. Edgar J. Greathouse, Petitioners. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 81-5932. Kenneth W. Myrick and Owen K. Stephenson, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5933. Ernest Anthony Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5945. Dennis Ronald Ross, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 378 MONDAY, JANUARY 25, 1982

No. 81-5948. Arva Lee Ray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5950. Gene Wiilard Gaylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 80-6843. Jose Martinez High, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5628. James Terry Roach, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5687. Frank Coppola, Petitioner v. Warden, Virginia State Penitentiary. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5749. Alphonso Morgan, Petitioner v. Charles Montgomery, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5801. Robert Lewis Wallace, 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. 81-347. Michigan, Petitioner v. Thomas Lee Dugan. 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 Michigan denied.

No. 81-1067. Smith's Moving and Trucking Company, et al. , Petition- ers v. Dorothy Svendsen, etc. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-1131. W. J. Estelle, Jr., Director, Texas Department of Cor- rections, Petitioner v. Wesley Sellers. 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. 81-711. Mesa Petroleum Co., Petitioner v. Kansas Power and

Light Company, Inc. , et al. The motion of Kansas Independent Oil and

Gas Association, et al. for leave to file a brief as amici curiae is granted. The motion of Legal Foundation of America for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Kansas denied. Justice Brennan, Justice Marshall and Justice Blackmun would grant certiorari. MONDAY, JANUARY 25, 1982 379

No. 81-811. American Bridge Division, United States Steel Corpora- tion, Petitioner v. John K. Alford, et al. The motion of Kaiser Alumi- num & Chemical Sales, 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 Fifth Circuit denied.

No. 81-973. United States, Petitioner v. Jack Dahlstrum. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. The Chief Justice, Justice Powell and Justice O'Connor would grant certiorari and summarily reverse the judgment.

No. 81-1043. Federal Prescription Service, Inc., et al, Petitioners v. American Pharmaceutical Association. The motion of National Associa- tion of Mail Service Pharmacies 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. 81-5899. Donald Edward Gates, Petitioner v. Arizona. 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.

Rehearings Denied

No. 80-2049. George A. Ralston, Warden, Petitioner v. John Carroll Robinson;

No. 80-6692. William Durwood Busbee, Appellant v. Texas;

No. 81-16. Earline Caldwell, et al., Petitioners v. Missouri, et al.;

No. 81-204. Truman Roberts, Petitioner v. United States;

No. 81-217. Bill Gene Morgan, Petitioner v. United States; and

No. 81-274. Idulfo Zavala-Pizano, Petitioner v. United States;

No. 81-427. Garry Davis, Petitioner v. District Director, Immigra- tion and Naturalization Service;

No. 81-589. Forrest McCluney, Appellant v. Jos. Schlitz Brewing Co.;

No. 81-780. Jasper D. Ackerman and Dean Krakel, Petitioners v. National Bureau of Standards and Ernest Ambler, etc.;

No. 81-5441. Larry Brown, Petitioner v. New York;

No. 81-5478. Kenneth Hardy, Petitioner v. Georgia;

No. 81-5504. Joe Harry Galis, Petitioner v. Louie L. Wainwright,

Secretary of the Department of Offender Rehabilitation, et al.; and

No. 81-5545. Mary Lou Webb, Petitioner v. Alberto-Culver Com- pany, Inc. Petitions for rehearing are denied. 380 MONDAY, JANUARY 25, 1982

No. 80-812. Mescalero Apache Tribe, Petitioner v. Fred L. O'Cheskey, Commissioner of Revenue of New Mexico, et al. The motion for leave to file a petition for rehearing is denied.

No. 80-848. Piper Aircraft Company, Petitioner v. Gaynell Reyno,

Personal Representative of the Estate of William Fehilly, et al.; and

No. 80-883. Hartzell Propeller, Inc., Petitioner v. Gaynell Reyno,

Personal Representative of the Estate of William Fehilly, et al. The petition for rehearing is denied. Justice Powell and Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5186. Joseph S. Salama, Petitioner v. Virginia, et al. The petition for rehearing is denied. Justice O'Connor took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Faissal Fahad AlTalal San Francisco, CA Philip Nelson Lee Richard D. Austin Seymour, TN Daniel William Austin Alan K. Berk Greensburg, PA Bernard Patrick Costello John Philip Borger Minneapolis, MN John D. French David H. Bremer San Francisco, CA Herbert Dicker David J. Butler Washington, DC Nathan Lewin Harvey Thomas Clark Jr. Little Rock, AR John Albert Fogleman Marvin L. Cook San Antonio, TX Earl W. Tracy Jr. Thomas Benton Deal Dallas, TX Thomas W. Lynch James David Dickson Waco, TX Pat Beard Daniel W. Dobbins Tallahassee, FL Terry David Terrell Ernest St. Clair Easterly Baton Rouge, LA David C. Kimmel III Pedro P. Echarte Miami, FL Ana Maria Vidal Gary R. English Spokane, WA John Remi Quinlan Steven B. Epstein Washington, DC William G. Kopit John L. Flowers San Diego, CA Larry Burton Thrall Gary L. Fontana Washington, DC Walter F. Mondale MONDAY, JANUARY 25, 1982 381

Applicant City and State Movant

Stephen V. Freeze Dayton, OH Neil F. Freund Marshall Trent Gaspard Houston, TX Walter McNab Miller III Marc Stuart Geller Houston, TX Marc P. Gordon

Edward I. Golden Miami, FL Harry Martin Solomon Phil Goldsmith Portland, OR Henry A. Carey Larry K. Harvey Boise, ID Lynn Evan Thomas James Hingeley Charlottesville, E. Gerald VA Tremblay Richard Elton Hockman New York, NY A. Michael Weber Richard Jerold Hoskins Chicago, IL Milton Howard Cohen James T. Humphrey Jr. Fort Myers, FL James G. Yaeger William George Isgro Paramus, NJ Neil D. Edwards Boisfeuillet Jones Jr. Washington, DC Kevin Taylor Baine Brian Kaven Phoenix, AZ Daniel F. Cracchiolo James Arthur Kent Omaha, NB David L. Crawford Joel D. Kenwood Boca Raton, FL Paula S. Gold Thomas E. Lindley Chicago, IL Albert E. Jenner Jr. Parker Ahrens Maddux San Francisco, CA Noble Kilby Gregory Thomas McCampbell Chico, CA Milton Maxwell Newmark Francis Xavier McCann Charleston, SC David Paul McCann David Medine New York, NY William H. Allen William David Montapert Beverly HiUs, CA Manuel Leon Kugler Michael L. Murray Washington, DC Stanley Brand Suzanne Meyer Perry Washington, DC Billy Dwight Perry Gregory J. Potter New York, NY William G. Schaefer Jr. 382 MONDAY, JANUARY 25, 1982

Applicant City and State Movant

Arlington Ray Robbins San Diego, CA Richard Allan Shaw John Garry Rooney Rockledge, FL Robert A. Wohn Jr. Steven Ronald Ross Washington, DC Stanley Brand Leonard Gerard Rowekamp Florence, KY Thomas Christopher Smith Andrea B. Sachs Washington, DC Irving Edward Kaminsky Stephen G. Salley Orlando, FL William C. Martin III Norman B. Schmeltzer III Laguna Hills, CA Ronald W. Rose Harry William Scott Decatur, IN E. Ross Adair John Frederic Simon Alexandria, LA F. A. Little Jr. Christina A. Snyder Los Angeles, CA George Miron Charles Anthony Sorenson Jacksonville, FL Calvin Earl Hayden John Thompson Stahr Washington, DC Gaspare Joseph Bono Jerry Sussman Silver Spring, MD Donn K. Jenkins Howard Jeffrey Symons Washington, DC Jan W. Baran Jack Quinn Tidwell Odessa, TX Robert B. Cox Charles David Tiefer Washington, DC Michael Davidson Christopher Tompkins New Orleans, LA Cornelius Gerard Van Dalen Michael David Torpey San Francisco, CA Robert Edward Freitas Timothy Dean Wachtel Santa Ana, CA Vernon Eugene Johnson John Keeley Weir New York, NY Francis X. Byrn Charles C. Wells Sr. Dallas, TX Lee Emmett Holt Bonnie McNaughton Wheaton, IL Francis X. Riley Wheaton

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Marlene Carmel Tassone Los Angeles, CA William R. Robertson MONDAY, JANUARY 25, 1982 383

Applicant City and State Movant

Abram Jack Fishman Atlanta, GA William LeRoy Rohde John Patrick Murphy Washington, DC John W. Charles Behan Alfred Edward Johanson New York, NY Daniel Marcus Mark Asher Posner Washington, DC David H. Hunter

Opinions

No. 80-1082. Harold J. Smith, Superintendent, Attica Correctional Facility, Petitioner v. William R. Phillips. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Concurring opinion by Justice O'Connor. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Stevens join. No. 80-1431. In the Matter of R M.J Appellant. Appeal from — — , the Supreme Court of Missouri. Judgment reversed and case remanded to the Supreme Court of Missouri for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Powell.

No. 80-11. J. Gregory Merrion and Robert L. Bayless, etc., et al.,

Petitioners v. Jicarilla Apache Tribe, et al.; and No. 80-15. Amoco Production Company and Marathon Oil Company, Petitioners v. Jicarilla Apache Tribe, et al. On writs of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by Justice Marshall. Dissenting opinion by Justice Stevens with whom the Chief Justice and Justice Rehnquist join.

Adjourned until Monday, February 22, 1982 at 10 o'clock. x

(JOURNAL) FRIDAY, FEBRUARY 19, 1982 385 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. . Robert C. Haldeman, Trustee of Lehigh Valley Railroad Company, Appellant v. United States Railway Association, et al. The appeal is dismissed without prejudice it appearing that the appeal would not be in the interest of an expeditious conclusion to the proceedings.

(JOURNAL) MONDAY, FEBRUARY 22, 1982 387 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."

Per Curiam

No. 81-96. James H. Tully, Jr., et al., Appellants v. Mobil Oil Cor- poration, et al. Appeal from the United States Temporary Emergency Court of Appeals. Judgment vacated and case remanded to the United States Temporary Court of Appeals for reconsideration in light of the expiration of federal price control authority under the EPAA. Opinion per curiam. Justice Brennan would set the case for oral argument. Dis- senting opinion by Justice Stevens.

Appeals—Summary Disposition

No. 81-1028. Anna Williams, Appellant v. William Williams. Appeal from the Supreme Court of New Hampshire. The appeal is dismissed for want of a substantial federal question.

No. 81-1048. Peter S. Razatos, Appellant v. Colorado. Appeal from the Supreme Court of Colorado. The appeal is dismissed for want of a substantial federal question.

No. 81-1104. S. H. Goss, Inc., et al., Appellants v. Pennsylvania De- partment of Agriculture. Appeal from the Commonwealth Court of Pennsylvania. The appeal is dismissed for want of a substantial federal question.

No. 81-1164. John Franklin Hein, Appellant v. California. Appeal from the Appellate Department of Superior Court of California, County of San Diego. The appeal is dismissed for want of a substantial federal question.

No. 81-5943. Charles H. Bixby, Appellant v. Philip Ross, etc. Appeal from the Appellate Division, Supreme Court of New York, Third Judi- cial Department. The appeal is dismissed for want of a substantial federal question.

No. 81-6012. Richard A. Cepulonis, Appellant v. Massachusetts. Ap- peal from the Supreme Judicial Court of Massachusetts. The appeal is dismissed for want of a substantial federal question. 388 MONDAY, FEBRUARY 22, 1982

No. 81-1041. Stan Musial & Biggies, Inc., Appellant v. Florida, De- partment of Revenue. Appeal from the District Court of Appeal of Florida, First District. The appeal is dismissed for want of jurisdiction.

No. 81-1183. Southern State College, et al., Appellants v. Arkansas Gazette Company. Appeal from the Supreme Court of Arkansas. 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. 81-5967. Monty E. Robinson, etc., Appellant v. R. Armand, et al. Appeal from the United States District Court for the Northern Dis- trict of Illinois. 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. 81-723. Hybud Equipment Corp., et al, Petitioners v. City of

Akron, Ohio, 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 Community Communications Co., Inc. v. City of Boulder, Colorado, 455 U.S. (1982).

No. 81-843. Northwest Excavating, Inc., Petitioner v. William C.

Waggoner, 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 Kaiser Steel Corp. v. Mullins, 455 U.S. (1982).

Orders in Pending Cases

No. . In the Matter of Admission of Leda M. C. Hartwell. The

application for admission is granted. Dissenting opinion by Chief Jus- tice Burger.

No. 80 Original. State of Colorado, Plaintiff v. State of New Mexico and Jeff Bingaman, Attorney General of the State of New Mexico. The Report of the Special Master on the Equitable Apportionment of the

Vermejo River is received and ordered filed. Exceptions, if any, with supporting briefs to the Report may be filed by the parties within 45 days. Reply briefs, if any, to such Exceptions may be filed within 30 days. MONDAY, FEBRUARY 22, 1982 389

No. 85 Original. State of Texas, Plaintiff v. State of Oklahoma. The Report of the Special Master on motion for entry of judgment is received and ordered filed. Exceptions, if any, with supporting briefs to the Report may be filed by the parties within 30 days. Reply briefs, if any, to such Exceptions may be filed within 15 days.

No. 78-1545. Anne B. Zipes, et al., Petitioners v. Trans World Air- lines, Inc.; and No. 80-951. Independent Federation of Flight Attendants, Petitioner v. Trans World Airlines, Inc., et al. The motion of respondent Trans World Airlines, Inc. for leave to file a supplemental brief after argument is granted. Justice Stevens took no part in the consideration or decision of this motion.

No. 80-644. G. D. Searle & Company, Petitioner v. Susan Cohn and Walter Cohn. The motion of respondents for leave to file a supplemental brief after argument is granted. No. 80-1002. Board of Education of the Hendrick Hudson Central School District, Westchester County, et al., Petitioners v. Amy Row- ley, by her Parents and Natural Guardians, Clifford and Nancy Row- ley, etc. The motion of respondents to permit interpretation of oral argument 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. 80-1012. Baxter Rice, Director, Department of Alcoholic Bever- age Control of California, Petitioner v. Norman Williams Company, et al.;

No. 80-1030. Bohemian Distributing Company, Petitioner v. Norman Williams Company, et al.; and

No. 80-1052. Wine & Spirits Wholesalers of California, Petitioner v. Norman Williams Company, et al. The motion of petitioners Bohemian Distributing Company and Wine & Spirits Wholesalers of California for divided argument is granted. The motion of petitioner Baxter Rice, Di- rector, etc. , for divided argument is granted.

No. 80-1305. Alfred L. Snapp & Son, Inc., et al., Petitioners v. Puerto Rico, ex rel. Pedro Barez, Secretary of Labor and Human Re- sources. The motion of the Attorney General of New York for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied. No. 80-1952. Barbara Blum, Commissioner of the New York State Department of Social Services, et al., Petitioners v. William Yaretsky, et al. The motion of National Citizens' Coalition for Nursing Home Re- form for leave to file a brief as amicus curiae is granted. 390 MONDAY, FEBRUARY 22, 1982

No. 80-2070. Sumitomo Shoji America, Inc., Petitioner v. Lisa M. Avigliano, et al.; and

No. 81-24. Lisa M. Avigliano, et al., Petitioners v. Sumitomo Shoji America, Inc. The motion of Ministry of International Trade and Indus- try of the Government of Japan for leave to file a brief as amicus curiae is granted.

No. 80-2116. William Archie Williams, Petitioner v. United States. The motion of The Solicitor General to permit Richard G. Wilkins, Es- quire to present oral argument pro hac vice is granted.

No. 80-2162. Ramah Navajo School Board, Inc., et al., Appellants v. Bureau of Revenue of New Mexico. The motion of Navajo Tribe of Indi- ans for leave to file a brief as amicus curiae is granted. The motion of

Association on American Indian Affairs, Inc. 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. The motion of Pueblo of Santa Ana for leave to file a brief as amicus curiae is granted.

No. 81-9. Washington, et al., Appellants v. Seattle School District

No. 1, et al. The motion of NAACP Legal Defense and Educational Fund, Inc. for leave to file a brief as amicus curiae is granted.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. The motion of Covenant House for leave to participate in oral argument as amicus curiae and for additional time for argument is denied.

No. 81-150. Northern Pipeline Construction Co., Appellant v. Mara- thon Pipe Line Company and United States; and

No. 81-546. United States, Appellant v. Marathon Pipe Line Co., et al. The motion of The Solicitor General for divided argument is granted. The request for additional time for oral argument is denied. No. 81-202. National Association for the Advancement of Colored

People, et al., Petitioners v. Claiborne Hardware Company, et al. The motion of petitioners to reconsider order denying motion for divided argument is denied. Justice Marshall took no part in the consideration or decision of this motion. No. 81-298. Community Television of Southern California, Petitioner

v. Sue Gottfried, et al.; and

No. 81-799. Federal Communications Commission, Petitioner v. Sue

Gottfried, et al. The motion of the Solicitor General to consolidate these

cases for briefing and oral argument is granted.

No. 81-389. Union Labor Life Insurance Company, Petitioner v. A. Alexander Pireno; and MONDAY, FEBRUARY 22, 1982 391

No. 81-390. New York State Chiropractic Association, Petitioner v. A. Alexander Pireno. The motion of petitioners for divided argument is denied.

No. 81-406. Mississippi University for Women, et al., Petitioners v. Joe Hogan. The motion of National Women's Law Center, et al., for leave to file a brief as amici curiae is granted.

No. 81-431. Guardians Association, etc., et al., Petitioners v. Civil Service Commission of the City of New York, et al. The motion of the parties to dispense with printing the joint appendix is granted. No. 81-554. Equal Employment Opportunity Commission, Appellant v. Wyoming, et al. The motion of the parties to dispense with printing the joint appendix is granted.

No. 81-451. Ralph Hathorn, et al., Petitioners v. Mrs. Bobby Lovorn, 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. 81-460. Middlesex County Ethics Committee, etc., Petitioner v.

Garden State Bar Association, et al. The motion of American Civil Lib- erties Union for leave to file a brief as amicus curiae is granted. The motion of NAACP Legal Defense and Educational Fund, Inc., et al. for leave to file a brief as amici curiae is granted. The motion of National Alliance Against Racist and Political Repression for leave to file a brief as amicus curiae is granted. The motion of respondents to dismiss the writ of certiorari as improvidently granted is denied.

No. 81-535. United States Department of State, et al., Petitioners v. The Washington Post Company. The motion of respondent to dismiss the writ of certiorari as improvidently granted is denied.

No. 81-613. Joy Sporhase and Delmer Moss, etc., Appellants v. Ne- braska, ex rel. Paul L. Douglas, Attorney General. The motion of appellants and City of El Paso for divided argument to permit City of El Paso to present oral argument as amicus curiae is denied.

No. 81-837. of Indianola, Mississippi, al. v. City et , Appellants Nel- son Dotson, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 81-839. Jerald H. Sklar, et al., Petitioners v. James L. Shores, Jr., Executor of the Estate of Clarence E. Bishop, Jr. The Solicitor

General is invited to file a brief in this case expressing the views of the United States. No. 81-982. First National Bank of Boston (International), Petitioner v. Banco Nacional de Cuba; and 392 MONDAY, FEBRUARY 22, 1982

No. 81-984. First National City Bank, Petitioner v. Banco Para El

Comercio Exterior De Cuba. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

No. 81-1097. Kathy Sue Johnson, etc., et al., Petitioners v. Board of

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

No. 81-920. Verlinden B. V., Petitioner v. Central Bank of Nigeria. The motion of petitioner to dispense with printing the joint appendix is granted.

No. 81-969. Washington, et al., Appellants v. United States. The motion of Multistate Tax Commission for leave to file a brief as amicus curiae is granted.

No. 81-5321. Earl Enmund, Petitioner v. Florida. The motion of George R. Georgieff to permit Lawrence A. Kaden, Esquire to present oral argument pro hac vice is granted. The motion of William C. McLain to permit James S. Liebman, Esquire to present oral argument pro hac vice is granted.

Certiorari Granted

No. 81-897. Director, Office of Workers' Compensation Programs, United States Department of Labor, Petitioner v. Perini North River

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

No. 81-1055. David B. Poythress, et al., Petitioners v. Elizabeth B.

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

No. 81-1064. City of Los Angeles, Petitioner v. Adolph Lyons. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 81-1203. Moses H. Cone Memorial Hospital, Petitioner v. Mer- cury Construction Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 81-927. Connecticut, Petitioner v. Lindsay B. Johnson. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Connecticut granted.

Certiorari Denied

No. 80-2079. Janet Reno, State Attorney of Dade County, Florida, et al., Petitioners v. Concerned Democrats of Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. MONDAY, FEBRUARY 22, 1982 393

No. 81-286. Douglas C. Coen and Robert Page, Petitioners v. Harri- son County School Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-291. Illinois, Petitioner v. Robert Bochniak. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-433. Coopers & Lybrand, Petitioner v. Stanley L. Sharp, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-586. Diamond M. Company, Petitioner v. Kenneth Dale

Rains, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied.

No. 81-664. William Stoddard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-729. Benjamin Ladmer, Petitioner v. United States; and

No. 81-730. Anthony DiLapi, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-742. Ernest Donald Suggs, Petitioner v. Alabama; and

No. 81-761. Ernest Donald Suggs, Petitioner v. Alabama. Petitions for writs of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-748. Harold A. Thoreen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-756. Bank of Miami, et al., Petitioners v. Ana Laing Meason, et al.; and Bank of Miami, fka Northside Bank, Petitioner v. Ana Laing

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

No. 81-763. Martin Katz, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 81-788. Anthony M. Gerard and Carolyn J. Gerard, Petitioners

v. Louisiana. Petition for writ of certiorari to the Twenty-fourth Judi- cial District Court of Louisiana denied.

No. 81-815. Joseph E. Shamy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81-841. E. L. Wiegand Division, Emerson Electric Company,

Petitioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. 394 MONDAY, FEBRUARY 22. 1982

No. 81-846. Jack Wilbur Tavelman, Petitioner v. United States; and

No. 81-944. Steven Job, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-859. Bill Rucinski and Alfred Medina, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 81-863. J. R. Simplot Company, Petitioner v. Occupational Safety and Health Administration, U. S. Department of Labor. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-867. Coleman A. Young, etc., et al., Petitioners v. Malcolm

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

No. 81-881. Chicago, Milwaukee, St. Paul and Pacific Railway Com- pany, Petitioner v. William E. Leer. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 81-890. Rapides Parish School Board, et al, Petitioners v. Virgie

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

No. 81-892. James C. Goins, et al., Petitioners v. Bethlehem Steel

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

No. 81-895. Nicholas Seregos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-901. Elizabeth E. Weigand, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-902. 400 E. Baltimore Street, Inc., et al., Petitioners v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-911. James Harry White, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-915. Permanent Label Corporation, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. MONDAY, FEBRUARY 22, 1982 395

No. 81-925. Maine Caterers, Inc. and W.H. Maine, Inc., 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. 81-932. Louis C. Ostrer, et al., Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-939. E. C. Mildred Ramsey, et al., Petitioners v. Raymond J. Donovan, Secretary, Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-949. Blackie's House of Beef, Inc., Petitioner v. Leonel J. Castillo, Commissioner, Immigration and Naturalization Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-963. Friendly Retirement Center, Inc., Petitioner v. Lee Jay Colling, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-979. Tabcor Sales Clearing, Inc., et al., Petitioners v. Depart- ment of the Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-981. J. Richard Dema and Sally Dema, Petitioners v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-985. Michael Morrone, Petitioner v. United States; and Ron- ald Turchi, Petitioner v. United States; and

No. 81-5874. Moderwell L. Kester, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-999. Hawg-N-Action, Inc., Petitioner v. Trustees of the Teamsters Construction Workers Local No. 13 Health and Welfare

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

No. 81-1016. Gerald A. Akers, Petitioner v. United States; and

No. 81-1017. Peter M. Kendall, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1021. Joe Zinser, Individually and on behalf of all others similarly situated, et al., Petitioners v. Clarence Palmby, et al; and

No. 81-1036. Edgar Cleveland, etc., Petitioner v. Clarence Palmby, 396 MONDAY, FEBRUARY 22, 1982 et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 81-1023. Local 359, United Seafood Workers, Smoked Fish and Cannery Union, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1026. James U. Ruppert, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County, denied.

No. 81-1037. Israel and Raley, Petitioner v. Futuronics Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-1040. 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. 81-1042. J. Elwood Clements and Carol J. Sachtleben, Petition- ers v. Lucy N. Logan. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1045. George Fenner, et ux., Petitioners v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1051. John H. Weaver, Petitioner v. G. Roger Bowers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1054. BP Oil, Inc. , et al. , Petitioners v. Bankers Trust Com- pany, et al.;

No. 81-1065. Villaneuva Compania Naviera, S.A., Petitioner v.

Bankers Trust Company, et al.; and

No. 81-1082. Bankers Trust Company, et al., Petitioners v.

Villaneuva Compania Naviera, S.A., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1058. William J. Morter, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1059. Morry P. Weinstein, Petitioner v. United States and Donald Jackson, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1061. Joseph Mackin Ganley, III, Petitioner v. Maryland. Pe- tition for writ of certiorari to the Court of Special Appeals of Maryland denied. MONDAY, FEBRUARY 22, 1982 397

No. 81-1070. Michael R. Wood, etc., Petitioner v. Willard W. Mc- Ewen, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1073. James J. Moyer, Petitioner v. Elder-Beerman Stores Corp. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-1074. Midwest Growers Cooperative, 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. 81-1075. Kenneth W. Sherrod, Petitioner v. Clint C. Meyers, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied.

No. 81-1079. Northeastern Telephone Company, Petitioner v. Amer- ican Telephone & Telegraph Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1080. Godfrey C. Bloch, Petitioner v. Veteran Corps of Artil- lery, State of New York, Constituting the Military Society of the War of 1812. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-1085. Angelo Sangiacomo, et al, Petitioners v. Irma Zigas, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-1088. EMI Limited, Petitioner v. William Bennett, et al.; and

No. 81-1177. Capitol Industries-EMI, Inc., Petitioner v. William

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

No. 81-1092. James L. Williams, et al., Petitioners v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1093. Joseph Raymond Gomez, Petitioner v. Colorado. Peti- tion for writ of certiorari to the Supreme Court of Colorado denied.

No. 81-1096. Frank G. Eubank, Jr., Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-1100. Leonard J. Merski, Petitioner v. New Hampshire. Peti- tion for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 81-1107. James H. Herzog, et ux., Petitioners v. Endeco, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. 398 MONDAY, FEBRUARY 22, 1982

No. 81-1111. Frank L. Johns, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-1112. Mayor and City Council of Baltimore, et al., Petitioners v. Robert W. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1121. Joseph D. St. Martin, Petitioner v. R. M. Hegewald, et ux. Petition for writ of certiorari to the Court of Appeals of Washing- ton, Division 2, denied.

No. 81-1122. Millard C. Farmer, Jr., Petitioner v. Noah J. Strickland, Sheriff of Pierce County, Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1124. Great American Screen, etc., et al., Petitioners v.

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

No. 81-1128. J. Ray McDermott & Company, Inc., Petitioner v. Sig- nal Oil and Gas Company, et al.; and No. 81-1150. Sun Oil Company and Aquitaine Oil Company, Petition- ers v. Signal Oil and Gas Company. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1129. Francis A. Mitchell, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1130. Daniel Comay, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1136. Milo R. Messenger, et ux., Petitioners v. Bucyrus-Erie Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1137. Alioto's Fish Company, Ltd., et al., Petitioners v. Hu- man Rights Commission of San Francisco, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-1138. Connecticut, Petitioner v. Lester Smith. Petition for writ of certiorari to the Superior Court of Connecticut, New Haven County, denied.

No. 81-1140. East Coast Tender Service, Inc., Petitioner v. William

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

No. 81-1145. Henry Cooper, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. MONDAY, FEBRUARY 22, 1982 399

No. 81-1146. Tandy Richardson, Jr., Administrator of the Estate of Byron L. Richardson, Deceased, Petitioner v. City of Indianapolis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1148. William Butler and Donald Irish, Petitioners v. United States; and

No. 81-1237. Peter Angelilli, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1149. Steve Sliger and Fred LaDon Wright, Petitioners v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-1151. Daniel C. Stewart, Petitioner v. Jonathan Kutner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1153. Douglas Jerome Tookes, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 81-1155. Lloyd J. Badgett, Petitioner v. Mary Frances Erspan. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1156. American Federation of Government Employees, AFL- CIO, Petitioner v. Federal Labor Relations Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 81-1158. Charles McDaniel, et al., Petitioners v. Edward Helms, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1159. Raymond W. Baszner, Petitioner v. United States; and

No. 81-1353. Gabriel Robert Caggiano, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1160. Clyde L. Stroup, Petitioner v. Francis C. Tucker and Charles R. Chadbourn. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1162. Crown Paint Company, Petitioner v. George Bankston, Jr. Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

No. 81-1163. Anabel J. McCutcheon, Petitioner v. Chicago Board of

Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. 400 MONDAY, FEBRUAEY 22, 1982

No. 81-1166. Jacques Syl Knitwear, Inc. and Biquette, Inc., Petition- ers v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-1167. Enserch Exploration, Inc. and Continental Oil Com- pany, Petitioners v. Bob Bullock, Comptroller of Public Accounts of Texas, et al. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Third Supreme Judicial District, denied.

No. 81-1171. Nellie-Jeanne Corporation, Petitioner v. City of Colum- bus, Division of Recreation and Parks, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 81-1173. Certain-Teed Piping Materials, Inc., Petitioner v. Hydroaire, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1174. Ortiz Funeral Home Corp., 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. 81-1176. James S. Hoagland and Harry J. Hoagland, Petitioners v. Lumbermens Mutual Casualty Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1178. John Anthony Yunker, Petitioner v. Kentucky. Petition for writ of certiorari to the Daviess Circuit Court of Kentucky denied.

No. 81-1179. Nathaniel Denman, Petitioner v. William Bulger, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

No. 81-1182. H. 0. Peterson, Jr., et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 81-1187. Middlebury Associates, Petitioner v. Pike Industries,

Inc. , et al. Petition for writ of certiorari to the Supreme Court of Ver- mont denied.

No. 81-1188. Ronald Monroe, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-1189. Bernard Thomas Blackwell, Petitioner v. Charles An- derson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-1190. Zan-Car Enterprises, Inc. and Charles A. Zander, Peti- tioners v. Home State Savings Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, FEBRUARY 22, 1982 401

No. 81-1193. Mary June Speight, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 81-1194. Robert Kagarise, et al., Petitioners v. Cumberland, Maryland Area Teamsters Pension Fund. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1201. Joseph A. Davidson, Petitioner v. Roadway Express, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1202. John Waters, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1204. Matthews Bros., Inc., Petitioner v. Elizabeth Pierce, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1206. James Leroy Childers, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 81-1211. Frank Purrazzo, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1212. E.B. Sessums and Sharon Sessums, etc., Petitioners v. Louisiana Power & Light Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1215. M. B. Schnapper, et al., Petitioners v. William E. Fo- ley, Director, Administrative Office of the U. S. Courts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit denied.

No. 81-1217. North River Insurance Co., et al., Petitioners v. Fed Sea/Fed Pac Line, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1218. Antonio Cucchiara, Petitioner v. Secretary of the Trea- sury, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1221. Genera Atomic Company, Petitioner v. United Nuclear Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1224. William R. Bollow, Petitioner v. Federal Reserve Bank of San Francisco, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1226. Vernon F. Hepke, Petitioner v. Richard S. Schweiker, 402 MONDAY. FEBRUARY 22, 1982

Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1230. Steven Michael Johnson, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-1234. Dewitt Talmadge Langford, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-1235. C. Arthur Mcintosh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1243. First National Bank of Alabama-Huntsville, Petitioner v. W. Henry Haile, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1245. Richard Marchese, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1246. Jean Philippe Benslimane, Petitioner v. United States. Petition for wTit of certiorari to the District of Columbia Court of Ap- peals denied.

No. 81-1261. Tommy Leroy Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1265. Thomas L. Eden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1269. Saranelle Avedisian, Petitioner v. George C. Hubbard, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-1285. Costabile Farace, Petitioner v. New York; and

No. 81-1292. Mark Granato, Petitioner v. New York. Petitions for writs of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 81-1289. Glen Sutherland, Petitioner v. United States; and

No. 81-1337. Grace Walker, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1293. George S. Goldstein, Secretary, New Mexico Health MONDAY, FEBRUARY 22, 1982 403

and Environment Department, Petitioner v. Jan Nunez, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1305. Flann P. Maguire, Petitioner v. United States; and

No. 81-6092. Louise E. Haley, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1322. Michael Palamone, Thomas Gerry and Guy Gerry, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1334. John Riley Henrique, Petitioner v. United States Mar- shal and United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1366. Lowell R. Downing, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1368. Clarence McNeely, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1378. Bobby Lee Minton and Samuel Ellis Ferguson, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1395. James E. Outler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1396. John Thomas Scull, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5079. Lordrick McMichael, 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. 81-5573. Gene Willard Gaylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5633. Phyllis A. Barrett, Petitioner v. Bureau of Customs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5638. John H. Smith, Jr., Petitioner v. United States. Peti- 404 MONDAY. FEBRUARY 22, 1982 tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5655. Charles R. Warren, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-5679. Juan Jimenez, Petitioner v. Ray Montes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5703. Sebron Fleming, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5704. Eugene Edward Hall, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5718. Christopher Stinson, Petitioner v. Harold Smith, Su- perintendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5733. Bobby Washington, Petitioner v. David R. Harris, Su- perintendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5738. Joseph Leon Archie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5740. James C. Krall, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle Dis- trict, denied.

No. 81-5757. Theodore Donaldson, Jr., Petitioner v. Stephen Dalsheim, Superintendent, Ossining Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5767. Richard Emerson Bonnette, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 81-5810. Harold Thomas Wilson and Bobby Eugene Hendrix,

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

No. 81-5812. Rosie Lee Anderson, Petitioner v. Jeffrey Baird, Ad- MONDAY, FEBRUARY 22, 1982 405 ministrator of Mercy Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5830. Charlie Joseph Cordle, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 81-5831. Ellwood L. Leuschner, Sr., Petitioners. Maryland. Pe- tition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 81-5838. Veronica L. Clark, Petitioner v. Municipal Employees Credit Union. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 81-5845. Franklin Johnson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-5847. Mersley Jones, et al, Petitioners v. Consolidated Edi- son Company of New York, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-5861. Richard W. Jones, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 81-5863. David A. Rosa, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-5864, Thomas Edward Stanley, Petitioner v. City of Port- land, Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

No. 81-5868. Timmy Earl Kinner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5870. Joseph Thaddeus Sere, Petitioner v. Thomas J. Welsh, Bishop, Diocese of Arlington. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5877. Larry Ray Johnson, Petitioner v. Gene M. Johnson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5883. Ruben Hernandez, 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. 81-5884. Andrew Thomas Carter, Sr., Petitioner v. Sam P. Gar- rison, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 406 MONDAY. FEBRUARY 22, 1982

No. 81-5885. Luis Antonio Gonzalez, Petitioner v. Gary J. Hilton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5886. Homer C. Frazier, Petitioner v. S/S Delta Mar, in rem, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-5888. Isiah Madison, Petitioner v. W. J. Estelle, Jr., Direc- tor, Texas Department of Corrections, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5892. Jimmie C. Hale, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 81-5893. James E. Ehl, 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. 81-5895. Frank Garcia, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-5896. James Nolan Cooper, 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. 81-5898. Jose Arturo Vargas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5901. Paul B. Owens, Petitioner v. Charles I. Zimmerman, Superintendent, State Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5902. Hector Vasquez, Petitioner v. New York. Petition for writ of certiorari to the Supreme Court of New York, Bronx County, denied.

No. 81-5903. Alfonzo Nathaniel Reese, Petitioner v. Kevin Byrne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5904. Freddie J. Mitchell, Petitioner v, Arthur K. Bolton, At- torney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-5905. Henry Lowe, Petitioner v. New York City Department of Social Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, FEBRUARY 22, 1982 407

No. 81-5906. Gary Toughill and Roger Lee Burkett, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5910. William R. Eicher, Petitioner v. Florida Department of

Corrections, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 81-5914. Anthony Getch, Petitioner v. Edward R. Hammock, Chairman, New York State Board of Parole. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5917. Roland A. Talamantez, Petitioner v. California, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 81-5920. Michael Simmons, Petitioner v. Jerome Winsberg, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-5921. John Clark Russell, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-5922. Isaiah Spann, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-5924. John Daniel Alexander, Petitioner v. Texas. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Fifth Su- preme Judicial District, denied.

No. 81-5925. John Mack, Jr., Petitioner v. Ted Engle, Superinten- dent. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-5926. Herbert Bornes, Petitioner v. Frank C. Blackburn, Warden. Petition for writ of certiorari to the Supreme Court of Louisi- ana denied.

No. 81-5927. Verdell Clay, Petitioner v. Texas, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-5928. Michael Blechman, Petitioner v. Federal Communica- tions Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5929. Charles L. Flenner, Petitioner v. Edward J. Pontifex,

Jr. , et al. Petition for writ of certiorari to the Supreme Court of Vir- ginia denied. 408 MONDAY, FEBRUARY 22, 1982

No. 81-5930. Waldeen Cooke Whitelaw, Petitioner v. MWP Limited Partnership. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5931. John H. Bosch, Petitioner v. James Spalding. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5934. Jonathon Tolbert, Petitioner v. Gayle Franzen. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-5936. David Lee, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 81-5938. Michael F. Vite, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 81-5939. William Alderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5941. Albert H. Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5942. James Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5946. Sandy Paul Bruce, Petitioner v. Jack Duckworth, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 81-5951. Wealthy Johnson, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-5953. Michael C. Antonelli, Petitioner v. Drug Enforcement

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

No. 81-5954. James Edward Antwine, 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. 81-5955. Benny Dixon, Petitioner v. Ellis MacDougall. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 81-5956. Homer Willoughby, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, FEBRUARY 22, 1982 409

No. 81-5958. Glennon Engleman, Petitioner v. Ruth M. Engleman,

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

No. 81-5959. Billy Ray Jackson, Petitioner v. Alabama Department

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

No. 81-5963. Charlie Ray Rumph, 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. 81-5964. EThelbert Rucker, Petitioner v. Claude Bakewell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5965. Allen Reed, Jr., Petitioner v. Robert F. Parratt, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-5966. Ronald Ray McMillion, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-5969. James Jackie Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5972. Dennis Hopkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-5973. Ronald Collins, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-5974. Theodore House, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5975. William Edward Kleinschmidt, Petitioner v. Sun Bank of Miami, etc. Petition for writ of certiorari to the District Court of Ap- peal of Florida, Third District, denied.

No. 81-5977. Theodore Dime MacArthur, Petitioner v. Philippine Air

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

No. 81-5978. Roy Rogers Creasy, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-5981. Richard M. Wolff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 410 MONDAY. FEBRUARY 22. 1982

No. 81-5982. Richard P. Fontana, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5983. Jessie D. McDonald, Petitioner v. Metropolitan Govern- ment of Nashville and Davidson County, etc. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied.

No. 81-5985. Flaustine Antonette Pardue, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-5987. Horace Carnell Sutterer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5991. Joseph Wayne Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5992. Cruz Diaz, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-5993. Clovis Carl Green, Jr. , Petitioner v. Director of Institu- tions, North Dakota State Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5994. Robert Earl Cooper, Petitioner v. Dewey Sowders, Warden, Kentucky State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

T No. 81-5995. Charles Ballett, Petitioner u. W alter Pence, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5997. James Gordon Kops, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 81-5998. Willie Smith, 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. 81-5999. Terry B. Carlsen, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied.

No. 81-6000. Lina F. Rhodes, Petitioner v. United States Navy, et

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

No. 81-6001. Carl DeWayne Owens, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, FEBRUARY 22, 1982 411

No. 81-6003. Stanley Simmons, Petitioner v. Gary J. Hilton, Su- perintendent, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-6004. William F. McQuade and Wilma N. McQuade, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6005. John W. Reliford, Petitioner v. City of Kansas City, Missouri, Parks and Recreation Department. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6007. Michael Piscanio, Petitioner v. Leroy Beans, Jr., War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6008. Robert Perkins Thayer, Petitioner v. Puerto Rico. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6009. Charles Anthony Walker, Petitioner v. Louie L. Wain- wright, Secretary, Florida Department of Corrections Petition for writ of certiorari to the U.S. Court of Appeals for the Eleventh Circuit denied.

No. 81-6010. Steven Kimble Simons, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-6011. Willard R. Sanders, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6022. Larry Dean Turner, Petitioner v. Don Gillespie, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6023. Kenneth R. Matthews, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6024. Paul Clarence Herrera, Petitioner v. Russell White, Jr. Woodbury County Sheriff. Petition for writ of certiorari to the Su- , preme Court of Iowa denied.

No. 81-6026. Robert W. Thompson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6029. Paul Upsher, Petitioner v. Pennsylvania. Petition for 412 MONDAY, FEBRUARY 22. 1982 writ of certiorari to the Supreme Court of Pennsylvania, Western Dis- trict, denied.

No. 81-6033. Richard Ray Ochoa, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6034. David Winley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6035. Bruno Pisani, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6049. Yee C. Zia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6050. Earl Clifton Fleming, Petitioner v. United States; and

No. 81-6109. Vernon J. Ragins and Pearl L. Ragins, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6051. Jessie Lee Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6059. Ronald Dwight Posey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6064. Domingo Castro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-6076. James Douglas Griffin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6084. Clarence Odom, Petitioner v. United States; and

No. 81-6116. Timothy Merle Wolf, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6085. Kenneth Lee Perry, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6086. Eugene Ellis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, FEBRUARY 22, 1982 413

No. 81-6098. Vincent Murphy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6104. Ward L. Hamlen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6113. John Gibbs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6115. Napoleon L. Horton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6121. Leonard 0. Bowling, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6128. Robert E. Short, 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. 81-6129. David Haner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 80-2112. Edwin R. Long and Ralph E. Long, Petitioners v. Jean M. Bonnes, et al.; and

No. 80-2153. J. B. Kenley, Individually and as Commissioner of Health, Virginia Department of Health, et al., Petitioners v. Willie E. Young. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting opinion by Justice Rehnquist with whom Justice O'Connor joins. No. 81-189. Thomas R. Israel and Bronson C. LaFollette, Petition- ers v. Darrel McMorris. 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. Dis- senting opinion by Justice Rehnquist with whom Justice O'Connor joins.

No. 81-353. Hubert Richard Spradling, Petitioner v. Texas and Ron- ald Dale Dunn, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting opinion by Jus- tice Brennan with whom Justice Marshall join.

No. 81-749. California, Petitioner v. Richard Shires Winson, Jr. The 414 MONDAY, FEBRUARY 22, 1982 motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-1195. Michigan, Petitioner v. Maurice Hurd. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 81-795. J. S. Alberici Construction Company, Inc., Petitioner v. Clyde L. Sisco; and

No. 81-1005. Clyde L. Sisco, Petitioner v. J. S. Alberici Construction Company, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice O'Connor would grant certiorari.

No. 81-850. St. Louis County, Missouri, et al, Petitioners v. Gary E. Simon. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Justice White would grant certiorari.

No. 81-851. Edmond Cox, Petitioner v. Missouri. The petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District is denied. Justice Brennan and Justice Marshall would grant the petition for certiorari and reverse the conviction.

No. 81-933. F. Harrison Green, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County denied. Dissenting opinion by Justice White with whom Justice Blackmun and Justice Powell join. Justice Brennan would grant certiorari and set the case for oral argument.

No. 81-1241. Arthur Goldstein, Petitioner v. City of Norfolk. Peti- tion for writ of certiorari to the Circuit Court of City of Norfolk, Vir- ginia denied. Justice Brennen and Justice Marshall would grant the petition for certiorari and reverse the conviction.

No. 81-964. Marshall & Ilsley Corporation, et al., Petitioners v. C. Todd Conover, Comptroller of the Currency of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition.

No. 81-1135. Oma H. Hester, Jr., Petitioner v. Martindale-Hubbell,

Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Blackmun took no part in the consideration or decision of this petition. MONDAY, FEBRUARY 22, 1982 415

No. 81-1022. Press-Enterprise Company, et a!., Petitioners v. Supe- rior Court of California, County of San Diego. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice Brennan, Justice Marshall and Justice O'Connor would grant certiorari.

No. 81-1033. St. Joe Paper Company, Petitioner v. Superior Court of California, in and for the City and County of San Francisco (Esprit de Corp., Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. Justice Powell would grant certiorari.

No. 81-1052. Lenwood Williams, Jr., Petitioner v. Shipping Corpora- tion of India. The motion of petitioner to defer consideration of the petition for certiorari is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1213. Mobil Corporation, et al., Petitioners v. Marathon Oil Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-5834. David M. Soule, Petitioner v. Robert R. Raines, Su- perintendent, Arizona State Prison. 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. 81-1229. Paxton National Insurance Company, Petitioner v. Transport Indemnity Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White would grant certiorari to resolve the conflict between the decision of the Court of Appeals in this case and the decisions of the Court of Appeals for the Tenth Circuit in Argonaut Insurance Co. v. Na- tional Indemnity Co., 435 F.2d 718 and Hagans v. Glens Falls Insur- ance Co., 465 F.2d 1249.

No. 81-5786. Donald Wayne Strouth, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5840. Curfew Davis, Petitioner v. Walter D. Zant, Superin- tendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County denied. Dissenting statement by Justice Brennan and Justice Marshall. 416 MONDAY, FEBRUARY 22, 1982

No. 81-5844. Charlie B. Bowen, Petitioner v. Walter D. Zant, War- den. Petition for writ of certiorari to the Superior Court of Georgia, Butts County denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5872. Buddy Earl Justus, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5919. Edward Harold Schad, Jr., 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. 81-5937. Dewey Eugene Coleman, Petitioner v. Montana. Peti- tion for writ of certiorari to the Supreme Court of Montana denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 81-5970. Jessie Joseph Tafero, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5935. Roosevelt Green, Petitioner v. Walter D. Zant, War- den. Petition for writ of certiorari to the Superior Court of Georgia, Butts County denied. Dissenting statement by Justice Brennan and Justice Marshall.

Habeas Corpus Denied

No. 81-5976. In Re Walter D. Balla, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 81-5900. In Re Richard Talley, Petitioner. Petition for writ of mandamus denied. No. 81-1105. In Re Russel F. Hoehn, Petitioner. Petition for writ of mandamus and/or other relief denied.

Prohibition Denied

No. 81-1119. In Re Howard Ellis, et al., Petitioners. Petition for writ of prohibition and/or other relief denied.

Rehearings Denied

No. 80-1396. Jeanne Brandon, et al., Petitioners v. Board of Educa- tion of Guilderland School District, et al.;

No. 81-222. Valero Energy Corporation, etc., Petitioner v. Sohyde Drilling & Workover, Inc., et al.; MONDAY, FEBRUARY 22, 1982 417

No. 81-256. Richard A. Moore, Petitioner v. David Scurr and the At- torney General of Iowa;

No. 81-747. Horace L. Patterson, et al., Petitioners v. Youngstown Sheet and Tube Company, et al.;

No. 81-5060. William Sherwood Johnson, Petitioner v. Louisiana;

No. 81-5454. Anthony Anthon, Petitioner v. United States;

No. 81-5586. Keith B. Davis, Petitioner v. Commissioner of Patents and Trademarks;

No. 81-5611. Gertrude M. Jayne Fowler, Petitioner v. J. Joseph

Garrahy, et al.;

No. 81-5666. Talmon Hegwood, Jr., Petitioner v. Frank Blackburn, Warden;

No. 81-5712. Lindsey Everett Holloway, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections;

No. 81-5818. Abdullah Ramadan Shabazz, Petitioner v. Gary D. Maynard, Warden, et al.; and

No. 81-5819. Allen L. Penoyer, Petitioner v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation. Petitions for rehearing denied.

No. 81-700. Earl Loesch, et al., Petitioners v. United States. The motion of petitioners to defer consideration of petition for rehearing is denied. The petition for rehearing denied.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Anthony Charles Adonizio Harrisburg, PA Judge Arthur D. Jr. Dalessandro Khalid Abdullah Tariq Al- San Francisco, CA Philip Nelson Lee Mansour Dennis Arthur Alessi York, PA Richard Edward Kohler James A. Aloisi Jr. Boston, MA Thomas R. Kiley Stuart Altschuler New York, NY Floyd Abrams John Randolph Amarant Santa Fe, NM Michael Paul Gross Laurie Kaufman Amber Coral Gables, FL Meredith P. Sparks L. Robert Artoe Chicago, IL Judge Rosemary E. Duschene Fred Turner Ashley Los Angeles, CA Stanley Elliot Tobin 418 MONDAY. FEBRUARY 22. 1982

Applicant City and State Movant

Andrew Askland Rockville, MD John T. Bell T Ronald M. Avers Roanoke, VA W illiam B. Poff Joel Lynn Bailey Dallas, TX Aglaia D. Mauzy Steve Bairstow Houston, TX George A. Burks Robert Bernat Balogh Miami, FL Edward A. Stern Ronald Barbee Greensboro, NC Henry E. Frye Michael David Bart ell New York, NY Kieron F. Quinn I. Scott Bass New York, NY Milton A. Bass David H. Baum Beverly HiUs, CA Gerald A. Margolis Charles A. Beach New York, NY John E. Hoffman Jr. Aimer W. Beale II Jacksonville, FL James F. Moseley Steven Scott Bell Seattle, WA John David Dillow Bruce Charles Bereano Annapolis. MD Warren B. Duckett Jr. Ronald Steven Berg Los Angeles, CA Joseph S. Dubin Arthur J. Berry III Boise. ID David H. Leroy Richard W. Bethea Jr. Chattanooga, TN John Carroll Stophel Bruce L. Birchard Los Angeles, CA Stephen B. Grant Anthony David Blankley Washington, DC Michael Edward Kris Richard E. Blumberg Berkeley, CA David M. Madway Charles W. Bone Nashville. TN Hal D. Hardin William B. Bonvillian W ashmgton, DC Stephen E. Roady Robert Playford Boyle Charlottesville, E. Gerald V A Tremblay William Hunter Brandon Atlanta. GA Millard Courtney Farmer Jr. Cletus H. Brault Jr. Crown Point, IN William Thomas Enslen Bruce Douglas Brooke Memphis. TN Robert Louis Green Richard W. Brown Great Bend, KS Michael Christopher Brown Thomas Mel Brownell Vienna, VA Timothy J. Bloomfield MONDAY, FEBRUARY 22, 1982 419

Applicant City and State Movant

Thomas D. Buckley Jr. Cleveland, OH Gordon James Beggs Glenn Lawrence Buehler Los Angeles, CA Darryl H. Graver Mary Ann Burgess Trenton, NJ Theodore A. Winard Marlin W. Burke Wheat Ridge, CO Darrell Skelton Paul B. Butler Jr. Tampa, FL John Bert Grandoff Jr. Robert D. Butters Chicago, IL William Denson North Gaylen James Byker Philadelphia, PA Gregory Merrill Harvey Joe H. Bynum Jr. Atlanta, GA Thomas J. Lewis Jr. Mario L. Cabello Miami, FL Bennett H. Brummer Nicholas E. Calio Washington, DC Paul Douglas Kamenar John Francis Callender Jacksonville, FL T. Edward Austin Jr. Gilbert E. Caroff Johnstown, PA John L. Kilcullen Phillip Carroll Little Rock, AR J. Gaston Williamson John F. Castellano Garden City, NY Gregory J. Naclerio James P. Chapman Chicago, IL George J. Cotsirilos Victor F. Ciardelli Chicago, IL Joel Miles Carlins John M. Clifton Jr. Fort Wayne, IN William F. McNagny Jerry L. Cochran Phoenix, AZ Daniel F. Cracchiolo Linda J. Cochran Seattle, WA William A. Helsell Dennis Craig Colby Fort Worth, TX James L. Lane John W. Cooley Chicago, IL D. Arthur Connelly Joseph B. Corpina New York, NY Joseph Noel Giamboi 420 MONDAY, FEBRUARY 22, 1982

Applicant City and State Movant

William L. Cowin rresno, CA Richard A. Harris

1 /"I XT *1 /""I Robert Cramer TLos Angeles,A CAA Neil Carlton BakerT")

XT ~\T 1 XTA7" TT T IT' Christopher Crowley New York, NY Henry L. King Lori Fisler Damrosch New York, N Y Jean Bauer Fisler Kobert Iheodore Davis Jr. Wilmington, NC James Benjamin Swans

TYl-*V TIT i. Charles K. Dayton Minneapolis, MN Philip Watson Uetts Joseph Carmmus DeMana rniladelpnia, rA raul K. backs Salvatore DeSimone banta Monica, CA Dale D. Billips Kuthanne K.b. DeWolie Evanston, IL Roger B. Derstine

T\ • T~» TV T~» • Dennis R. DiRicco San Mateo, CA Bradford Darrell PappalardoTi 1 J James M. Donner Chicago, IL Bernard Henry Shapiro John Raymond Dugan Jr. Rockville Centre, Norman S. NY Johnson A ,11, J T7"\T Carl D. h awards Jr. Ashland, KY David B. Ratterman Roland L. Enloe Jr. rCmggola, LrA James Alan becord

T^V 1 J /^l v 1 T7< ' 1 Tv 1 i\jr\T Donald Charles Enckson Duluth, MN Terry C. rlallenbeck R. Richard Erickson Newport Beach, William Clarence CA Drollmger T~> '1 1 TT T*» Jeffrey L. Eskin Las Vegas, NV Richard H. Bryan David Essling St. Paul, MN William Warren Esslmg Raymond J. Etcheverry Salt Lake City, George W. UT Latimer John Dickens Eure Koanoke, VA Cliiiora Kobert Weckstein Robert Francis Fahey Peoria, IL Jerome A. Kenney Susan Grogan Faller Cincinnati, OH James Ralph Adams Sam J. Farmer Richland, WA Orris S. Hiestand MONDAY, FEBRUARY 22, 1982 421

Applicant City and State Movant

Barry G. Felder New York, NY George Allen Davidson Robert L. Feldman Dallas, TX Ricard Gary Thomas Cameron G. Ferguson Great Falls, MT Robert J. Emmons Steven Jeffrey Fields Seattle, WA Wolfgang R. Anderson Deborah Fins New York, NY Anthony G. Amsterdam James Louis Fischer New York, NY Herbert Dicker Gregory G. Fletcher Memphis, TN Harry W. Laughlin Jr. Jeffrey Stuart Forman Annapolis, MD Bertram Jay Berlin Roger Paul Freeman Long Beach, CA Robert William Parkin Arlene 0. Freiman Philadelphia, PA James Edwin Beasley Lawrence J. Friedman Dallas, TX Ira Edwin Tobolowsky Warwick R. Furr II Washington, DC Timothy J. Bloomfield Michael V. Gabel Houston, TX Steven Albert Taube Chris Nicholas Galanos Mobile, AL William Jackson Edwards III George F. Galland Jr. Chicago, IL Judson Hirsch Miner Joseph Adam Galtieri Cranbury, NJ Alan B. Siegel Joseph A. Gambino Strongsville, OH Nicholas E. Phillips Richard B. Geltman Washington, DC John Paul Lagomarcino H. F. Gierke III Watford City, ND Frank F. Jestrab Jonathan Ginsburg Washington, DC David Ginsburg Carin Maurine Gordon Swampscott, MA Kenneth E. Lindauer t

422 MONDAY. FEBRUARY 22. 1982

Applicant City and State Movant

Richard Ethan Grayson White Plains, NY J. Radley Herold Paul Grossman Los Angeles, CA Leonard S. Janofsky Michael R. Grzanka Los Angeles, CA Aaron Martin Peck Gregory Guidry Lafayette, LA Joseph Onebane Victor John Gulyassy Cleveland, OH Nicholas E. Phillips Joseph Hackney Jr. Miami, FL Mark Lawrence Zientz Michael W. Hagan Spokane, WA W. Russell VanCamp Elizabeth Helen Hamlin Washington, DC Patrick Joseph Christmas William Marvin Hardy III Orlando, FL Leon Hunter Handley C. Michael Hare Honolulu, HI Julius Russell Cades Bayard Easter Harris Roanoke, VA William B. Poff

Robert Randolph Hatten Newport News, Joel I. Klein VA William Madison Hawkins Indianapolis, IN John Moss Jr. George Cleve Haynes Seattle, WA Francis Hoague Michael Francis Healy Washington, DC Fred F. Fielding Cynthia W, Hecker San Francisco, CA George H. Clvde Jr. James T. Hemphill Washington, DC Anthony J. Polito Roger E. Henderson Anchorage, AK LeRoy Eugene DeVeaux Gary Grant Hickey Martinez, CA Forrest Duane Martin

Howard Anthony Hickman San Antonio, TX Ernest I. Wohlschlegel Robert Bruce Hines II Millersburg, OH Edward Emmet O'FarreU Richard E. Hitt Charleston, WV Edmund Dandridge McDonald MONDAY, FEBRUARY 22, 1982 423

Applicant City and State Movant

Joyce Edline Holsey Tucson, AZ Lillian S. Fisher Christine Holtz Chicago, IL Michael J. Murray Anita Hotchkiss Morristown, NJ Myron J. Bromberg Gary Richard Hurst Atlanta, GA Michael J. Bowers Arlene C. Huszar Gainesville, FL Richard A. Belz Jeffrey Dean Jefferson Unalaska, AK Alexander 0. Bryner Thomas C. Jervay Jr. Greensboro, NC Henry E. Frye James Joseph Jimmerson Las Vegas, NV Morton R. Galane George D. Johnson St. Louis, MO Leo H. MacDonald Sr. Judd L. Jordan Los Angeles, CA George Richard Doty Paul T. Kalinich Glen Ellyn, IL Allan J. Marco Evan Burton Karnes II Chicago, IL Thomas F. Tobin Mitchell Jay Kassoff New York, NY Edwin Kassoff Gaither M. Keener Jr. North Wilkesboro, W. H. McElwee NC Terry 0. Kelly Los Angeles, CA Aaron Martin Peck Gregory George Kennedy Los Angeles, CA Jeffrey C. Freedman John Christopher Kennedy Montclair, NJ Bruce D. Shoulson Robert Lee Ketchand Washington, DC Isabella Sheila Slocum Hollis Edward J. Kiley Washington, DC Leonard Albert Jaskiewicz William D. Kirchick Boston, MA Joseph T. Fahy Thomas Killgore Baton Rouge, LA W. Henson Moore Kirkpatrick Stephen Michael Kite- Atlanta, GA Reed E. Hundt Powell James E. Knight Stuart, FL Raymond Edwin Steele Janet M. Koran Chicago, IL Roger Pascal Minna J. Kotkin New York, NY Beth Joan Lief Julius Edward Kovacs Cleveland, OH Nicholas E. Phillips 424 MONDAY, FEBRUARY 22, 1982

Applicant City and State Movant

Jeffrey L. Kreisberg Great Neck, NY Martin J. Hermann Edwin L. Kurzius Silver Spring, MD Joseph Michael Hannon Walter S. Kyle Ft. Lauderdale, Earl Faircloth FL Walter J. Lack Los Angeles, CA Philip L. Johnson Sue L. Lagarde Dallas, TX Henry Wade Harry P. Lamberson Chicago, IL James Ernest Spiotto Jefferson L. Lankford Phoenix, AZ Robert L. Johnson David Heath Larry Washington, DC Robert Edward Williams Richard K. Latimer Falmouth, MA Thomas Charles Kenny Lynn W. Leary Cleveland, OH Paul T. Kirner Thomas R. Leedham Jr. Attleboro, MA William Francis Long Jr. Peter Carl Lesch Washington, DC Thomas Francis Brosnan Joseph W. Letzer Birmingham, AL J. Ross Forman III George Louis LeGrand San Antonio, TX Pat Maloney Gerald Michael Linnihan St. Paul, MN Thomas John Lyons Harriet Anne Lipkin Bloomington, IN Peter Leroux Cassady Donna Alyson Little Los Angeles, CA Christopher C. Foley Frederick V. Lochbihler Chicago, IL James Ernest Spiotto Martin Robert Loftus Eldred, PA William Charles Kirk Edward H. Loveman Great River, NY L. Lawton Rogers III

Weyman I. Lundquist San Francisco, CA George H. Clyde Jr. Gerald R. Mace Houston, TX Andrew Coy Brown MONDAY, FEBRUARY 22, 1982 425

Applicant City and State Movant

John Martin Maher Carroll, IA Lowell H. Forte Frank P. Mangiatordi New York, NY Joseph Noel Giamboi Herbert Mark Margolis Boca Raton, FL Christopher Edward Finger Patrick Joseph Marley Los Angeles, CA John Patrick Shook Melvin Anthony Marshall Washington, DC Christine Dennis LeFlore Heman A. Marshall III Roanoke, VA William B. Poff John Prentiss Mathis Washington, DC Gordon Gooch Joseph Thomas Mattson Upper Darby, PA Robert J. Donohue Jerry L. Maynard Cleveland, OH Nicholas E. Phillips Angela Marie Mazzarelli New York, NY Joseph Noel Giamboi Thomas N. McHugh Jr. Washington, DC Robert C. McDiarmid John Philip Meyerholz Washington, DC William Boys Harman Jr. Mary Colberson Michel Sacramento, CA Talmadge Richard Jones

Fredrick I. Miller New York, NY Richard A. Horgan Marc Eric Miller Washington, DC Robert A. Cantor Elliot M. Mincberg Washington, DC Allen R. Snyder Eli Davidson Minton Washington, DC John M. Burzio Maurice Michael Monahan St. Paul, MN Lawrence J. Hayes Charles Linn Morin Chicago, IL George M. Burditt William E. Mowatt Harrisburg, PA Robert L. Pinto Edward M. Murphy II Scranton, PA Edward M. Murphy Arthur Vincent Nealon New York, NY Harold Frederick McGuire Jr. Frederick D. Nelson Lexington, KY Joe C. Savage Thomas Cady O'Laughlin Chicago, IL James M. Broadstone 426 MONDAY, FEBRUARY 22, 1982

Applicant City and State Movant

Maurice F. 0 Shea Paramount, CA Johnston Kimball Walker Anthony John Obadal Washington, DC Lawrence T. Zimmerman D. Christopher Only Baltimore, MD Arnold M. Weiner

T"» j • 1 TT j /~v 1 A Tjr Patrick Hurst Owen Anchorage,A AK William H. Bittner John Elmo Patterson Searcy, AR Edwin Ruthvin Bethune Jr. James H. Peters Bedminster, NJ Alfred G. Walton Richard Lee Phillips Seattle, WA Douglas M. Fryer Mathew W. Placzek Springfield, MO Glenn A. Burkart Robert Willis Pope Wilmington, NC James Benjamin Swails Michael King Powell Carson City, NV John Cannon Bartlett Asa Mitchell Powell Jr. Newnan, GA Charles L. Goodson Ann Elizabeth Prezyna Anchorage, AK Avrum M. Gross Jack C. Provine Oakland, CA Harry Daniel Miller Yvonne S. Quinn New York, NY William E. Willis William N. Reed Jackson, MS Ross Frederick Bass Jr. Arnold G. Regardie Los Angeles, CA Hillel Chodos Alan E. Reider Washington, DC Samuel Efron Richard Louis Reynolds Covington, LA Margaret Ann Coon Robert R. Rodecker Charleston, WV Edmund Dandridge McDonald Martin J. Rubin Dallas, TX John Floyd Simmons Franklin Michael Sachs Newark, NJ Robert L. Podvey Finnis Larry Salmon Rome, GA Oscar M. Smith Naomi Fay Samet Baltimore, MD Stephen H. Sachs John Forrest Moon Samore Sioux City, IA Dennis James Mahr Sara L. Satten San Francisco, CA Michael L. Ohleyer MONDAY, FEBRUARY 22, 1982 427

Applicant City and State Movant

PViilorlcklT^Viio 1 AO AV\n [\/| Timothy J. Savage r niiaueipnia, iaPA josepn ivi. Bongiovanni III A f lonf o P A Joseph James Schafrik Atlanta, jonn r . r>raaiora

Charles Edward Schmidt KjcLI UUIlUctlc, ±1j Paul riovalrl OCIlUcil

Marlin F. Scholl jjeiroii, Ml ineoaore v_/. noDinson Bruce H. Schoumacher Chicago, IL r ranK iviicnaei Covey Jr. John H. Schuler wooster, uri jonnT An Vi I jonnsionI /-\ L-» y-\ o T" AV> jr. William Werner Schwarz JJco lVlUlIlCo, lri C Carlpfnn r reaerici Christopher Sharpe oeaiue, wri jjonaia rjiic

XLiIilOLL

A A/ o o Vi i ~y\ a*T" a 111 Brian William Shaughnessy wasningxon, u\j r niiip 1j. L^onan

Edward Budd Simpson III juneau, rviv H/nc j\. jLisen

Howard B. Sirota i\ ew i orK, in i iviarxin n. rvapian

Robert Kenneth Skolrood luisa, Uxv ^naries .ri. xvotne William L. Small iNasnviiie,\TooV» -trills T\Tiin Harold D. Hardin Ralph E. Smith

XvcdfeUIlU V cl

Steven Glenn Smith iviesa, j\Zj ooiiciLor ijrenerai DaY TT T pp

Roberto Solano iAguaQina, rii \w.A/ josepn1 AC" AV\ r\ WlwemerA1V» AT* Paul F. Sowa T ,n*5 AuctpIpq P A P)orrn-\rLJallliy PapItplvUCxVc Grant

T~^£ie 1\/T aim nc T A | AVAAVt H 1 1 A*A VI A John Frederick Sprole Ucb IVlUlllcS, l-O. ^jroraon jLUgene A 11cm

Timothy W. Stalker PViilsrlplriViici PA XvUillll V^UIIILUII Blakeslee TVTrmvnp T A C. Daniel Street lVlUIlIUc, lj.fi. XvUUcI L VV .

xvosteiKaA of A 1 I^O

Thomas Strong Opi^rwino-fiplHlllgllcltl, IvLKJMO Vjicllll JjUIrValL Thomas Chase Stutzman San Jose, CA Michael P. Quinlivan Robert Sullivan Jr. Lebanon, PA John R. Kelsey III Steven A. Sussman Boston, MA Owen S. Walker 428 MONDAY, FEBRUARY 22, 1982

Applicant City and State Movant

Raymond Judah Takiff Miami, FL Joaquin N. Fernandez Herbert William Albert Boynton Beach, Alfred Armstrong Thiele FL McNamee Ricki Rhodarmer Tigert Washington, DC Cathleen H. Douglas David C. Todd Washington, DC Timothy J. May Robert L. Trescher Philadelphia, PA Thomas N. O'Neill Jr. George Henry Troxell III New Orleans, LA J. Donice Alverson Mark A. Troy Jr. Dallas, TX Wilfred John Allison Jr. William Joseph Tway Boise, ID Anton Hohler Ralph S. Tyler III Washington, DC Robert Steven Catz Robert K. Udziela Portland, OR Frank H. Pozzi Gregory E. Upchurch St. Louis, MO Irving Powers Michael Lee Updike Union Lake, MI Altero Joseph Alteri Dennis Allan Vandenberg West Palm Beach, Wesley L. Catri FL Jeffrey VanGrack Silver Spring, MD James Lawrence Baer Kirk Kelso VanTine Washington, DC R. Gordon Gooch Susan Lynn Watt Norfolk, VA Tommy Eugene Miller Melvin Ellis Waxier Austin, TX Mack Wallace Daniel Robert Webster Indianapolis, IN Jose N. Uranga Barry A. Weinstein Miami, FL Bruce S. Rogow Carol Drescher Weisman Washington, DC A. Douglas Melamed Hal Clayton Welch New Orleans, LA Michael Anthony McGlone Jordan S. Weltman Pittsburgh, PA Dale Hershey Robert Emmett West Jr. Auburn, WA Kenneth F. Ingalls Mary Beth Westmoreland Atlanta, GA John C. Walden MONDAY, FEBRUARY 22, 1982 429

Applicant City and State Movant

William Wewer Washington, DC Marilyn L. Muench Charles Kenneth Wiggins Seattle, WA Malcolm L. Edwards Michael C. Williams Memphis, TN Ernest G. Kelly Jr. Daniel Harold Willick Los Angeles, CA Aaron Martin Peck Donald Herbert Wilson Jr. Bartow, FL Dabney L. Conner Robin Aronson Woodrow Westbury, NY Martin J. Hermann Steven Wroe San Jose, Costa John D. Rome Rica Nancy E. Yanofsky Washington, DC Mark D. Young

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Irene H. Sullivan St. Petersburgh, Kenneth Steven FL Geller Alan Lawrence Ferber Alexndria, VA John William Showalter John Milton Pohlmann San Francisco, CA Alan B. Morrison Peter Kenneth Beck Minneapolis, MN James H. Falk

Oral Argument

No. 80-1924. Caspar W. Weinberger, Secretary of Defense, et al.,

Petitioners v. Anthony M. Rossi, et al. Argued by Ms. Barbara E. Etkind for the petitioners and by Mr. Randy M. Mott for the respondents.

No. 80-2182. Inwood Laboratories, Inc., et al., Petitioners v. Ives Laboratories, Inc.; and

No. 81-11. Darby Drug Co., Inc., et al., Petitioners v. Ives Labora- tories, Inc. One hour and ten minutes allowed for oral argument. Ar- gued by Mr. Milton A. Bass for the petitioners, by Mr. Jerrold J. Ganz- fried for the United States as amicus curiae, by special leave to Court, and by Ms. Marie V. Driscoll for the respondent. MONDAY, FEBRUARY 22, 1982 430

No. 80-1832. Immigration and Naturalization Service, Appellant v. Jagdish Rai Chadha, et al.;

No. 80-2170. United States House of Representatives, Petitioner v.

Immigration and Naturalization Service, et al.; and

No. 80-2171. United States Senate, Petitioner v. Immigration and

Naturalization Service, et al. One hour and thirty minutes allowed for oral argument. Argued by Mr. Eugene Gressman for the U.S. House of Representatives, by Mr. Michael Davidson for the U.S. Senate, by Mr. Solicitor General Rex E. Lee for the INS and by Mr. Alan B. Mor- rison for Jagdish Rai Chadha.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, FEBRUARY 23, 1982 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.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Judge Herbert Katz San Diego, CA James E. Macklin, Jr. Ricahrd M. Cornelius Alexandria, VA Thomas E. Flynn

Opinions

No. 80-1577. City of Mesquite, Appellant v. Aladdin's Castle, Inc. Appeal from the United States Court of Appeals for the Fifth Circuit. Judgment reversed in part and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Opinion by Justice White concurring in part and dissenting in part. Opinion by Justice Powell concurring in part and dissenting in part.

No. 80-1614. George F. Jewett, Jr., et ux., Petitioners v. Commis- sioner of Internal Revenue. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opinion by Justice Blackmun with whom Justice Rehnquist and Justice O'Connor join. No. 80-60. Elvina M. Herweg, by her husband and next friend, Dar- rell E. Herweg and Darrell E. Herweg, etc., Petitioners v. Robert D.

Ray, Governor of Iowa, et al. 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. Opinion by Justice Stevens concurring in part. Dissenting opinion by Chief Jus- tice Burger.

No. 80-767. United States, Appellant v. Edwin D. Lee. Appeal from the United States District Court for the Western District of Pennsyl- vania. Judgment reversed and case remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opin- ion by Chief Justice Burger. Opinion by Justice Stevens concurring in the judgment. 432 TUESDAY, FEBRUARY 23. 1982

No. 79-1618. Consolidated Freightways Corporation of Delaware,

Petitioner v. Raymond Kassel, et al. 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. Dissenting opinion by Justice White. Justice O'Connor took no part in the consideration or decision of this case.

Oral Argument

No. 80-1990. Caspar W. Weinberger, Secretary of Defense, et al.,

Petitioners v. Carlos Romero-Barcelo, et al. Argued by Mrs. Elinor H. Stillman for the petitioners and by Mr. John A. Hodges for the respondents.

No. 80-1437. Army and Air Force Exchange Service, Petitioner v. Arthur Edward Sheehan. Argued by Mr. Samuel A. Alito, Jr. for the petitioner and by Mr. Ira E. Tobolowsky for the respondent.

No. 80-2100. Quentin Rogers, et al., Appellants v. Herman Lodge, et al. Argued by Mr. E. Freeman Leverett for the appellants and by Mr. David F. Walbert for the appellees.

No. 81-341. Joseph Greene, et al., Appellants v. Linnie Lindsey, et al. Argued by Mr. William L. Hoge, III for the appellants and by Mr. Robert Frederick Smith for the appellees.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, FEBRUARY 24, 1982 433 SUPREME COURT OF THE UNITED STATES

Admission to the Bar on Oral Motion

Applicant City and State Movant

Bruce Gerald Cassidy Philadelphia, PA Abraham David Caesar

. Opinions

No. 80-644. G. D. Searle & Company, Petitioner v. Susan Cohn and Walter Cohn. On writ of certiorari to the United States Court of Ap- peals for the Third Circuit. Judgment vacated and case remanded to Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Opinion by Justice Powell concurring in part and dissenting in part with whom the Chief Justice joins. Dissenting opinion by Justice Stevens.

No. 80-5950. Laverne L. Logan, Appellant v. Zimmerman Brush

Company, et al. Appeal from the Supreme Court of Illinois. Judgment reversed and case remanded to the Supreme Court of Illinois for further proceedings not inconsistent with the opinion of this Court. Opin- ion by Justice Blackmun. Separate opinion by Justice Blackmun, with whom Justice Brennan, Justice Marshall and Justice O'Connor join. Opinion by Justice Powell concurring in the judgment with whom Jus- tice. Rehnquist joins.

No. 78-1545. Anne B. Zipes, et al., Petitioners v. Trans World Air- lines, Inc.;

No. 78-1549. Trans World Airlines, Inc., Petitioner v. Anne B.

Zipes, et al.; and No. 80-951. Independent Federation of Flight Attendants, Petitioner v. Trans World Airlines, Inc., et al. On writs of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment in No. 78-1545 is reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Judg- ment in No. 80-951 is affirmed. In No. 78-1549, the writ is dismissed as improvidently granted. Opinion by Justice White. Opinion by Justice Powell concurring in No. 78-1545 and concurring in the judgment in No. 80-951 with whom the Chief Justice and Justice Rehnquist join. Justice Stevens took no part in the consideration or decision of these cases. 434 WEDNESDAY. FEBRUARY 24. 1982

No. 80-988. Havens Realty Corporation, et al., Petitioners v. Sylvia

Coleman, et al. On wTit of certiorari to the United States Court of Ap- peals for the Fourth Circuit. Judgment affirmed in part and 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 Bren- nan. Concurring opinion by Justice Powell.

No. 80-1208. New England Power Company, Appellant v. New

Hampshire, et al.;

No. 80-1471. Massachusetts, et al., Appellants v. New Hampshire, et al.; and

No. 80-1610. Dennis J. Roberts, II, Attorney General of the State of

Rhode Island, et al., Appellants v. New Hampshire, et al. Appeals from the Supreme Court of New Hampshire. Judgment reversed and cases remanded to the Supreme Court of New Hampshire for further proceedings not inconsistent with the opinion of this Court. Opinion by Chief Justice Burger.

No. 80-1436. Malcolm Baldrige, Secretary of Commerce, et al., Peti- tioners v. Peter Shapiro, Essex County Executive. On writ of certiorari to the United States Court of Appeals for the Third Circuit; and

No. 80-1781. William H. McNichols, Jr., etc., et al., Petitioners v. Malcolm Baldrige, Secretary of the United States Department of Com- merce, et al. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. In No. 80-1436, judgment is reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. In No. 80-1781, judgment affirmed. Opinion by Chief Justice Burger.

Oral Argument

No. 80-1608. United States, Petitioner v. Raymond Eugene Johnson. Argued by Mr. Elliott Schulder for the petitioner and by Mr. John F. Walter for the respondent.

No. 80-2204. Victor P. Diedrich, et ux., Petitioners u. Commissioner of Internal Revenue; and United Missouri Bank of Kansas City, N.A.,

etc., Petitioner v. Commissioner of Internal Revenue. Argued by Mr. Norman E. Beal for the petitioners and by Mr. Stuart A. Smith for the respondent.

No. 80-2150. Donald Finnegan, et al.. Petitioners v. Harold D. Leu,

et al. Argued by Mr. Samuel G. Bolotin for the petitioners and by Mr. Theodore M. Iorio for the respondents. WEDNESDAY, FEBRUARY 24, 1982 435

No. 80-89. Walter Zant, Warden, Petitioner v. Alpha Otis O'Daniel Stephens. Argued by Mr. Daryl A. Robinson for the petitioner and by Mr. John Charles Boger for the respondent.

Adjourned until Monday, March 1, 1982 at 10 o'clock. x

(JOURNAL) MONDAY, MARCH 1, 1982 437 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. 80-629. Maren Engineering Corp., Appellant v. Konstantin Velmohos. Appeal from the Supreme Court of New Jersey. The judgment is vacated and the case is remanded to the Supreme Court of New Jersey for further consideration in light of G. D. Searle and Company v. Cohn, 455 U.S. (1982). Justice Rehnquist, Justice Stevens and Justice O'Connor would dismiss the appeal for want of jurisdiction.

No. 81-960. Ronald C. Locke and Leslie L. Flage, Appellants v. Florida. Appeal from the District Court of Appeal of Florida, First Dis- trict. The appeal is dismissed for want of a substantial federal question.

No. 81-1035. Patricia Laird, etc. and Shelton Fletcher Home, Appel- lants v. South Carolina. Appeal from the Supreme Court of South Caro- lina. 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. 81-1161. Neil H. Hightower, etc., et al., Appellants v. George

Searcy, et al. Appeal from the United States Court of Appeals for the Eleventh Circuit. The judgment is affirmed.

Certiorari—Summary Disposition

No. 80-663. Kelsey-Hayes, Inc., Petitioner v. Roy Hopkins. On writ of certiorari to the United States Court of Appeals for the Third Cir-

cuit. The petition for 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 G. D. Searle and Company v. Cohn, 455 U.S. (1982).

Orders in Pending Cases

No. A-672. Alan Ernest, etc., Applicant v. Richard S. Cohen, etc., et al. Application for an injunction addressed to Justice O'Connor and referred to the Court is denied. 438 MONDAY, MARCH 1, 1982

No. 80-1121. United States, Petitioner v. Joseph J. Clark, et al. The motion of respondents not to tax costs is denied.

No. 80-1305. Alfred L. Snapp & Son, Inc., et al., Petitioners v. Puerto Rico, ex rel. Pedro Barez, Secretary of Labor and Human Re-

sources. The motion of Migrant Legal Action Program, Inc. , et al. for

leave to file a brief as amici curiae is granted.

No. 80-2100. Quentin Rogers, et al., Appellants v. Herman Lodge, et

al. The motion of appellants for leave to file a delayed reply brief is granted.

No. 80-2146. Florida, Petitioner v. Mark Royer. 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 granted and five additional minutes are allotted for that purpose. The respondent is also allotted an additional five minutes for oral argument.

No. 81-184. United States, Appellant v. Security Industrial Bank, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 81-334. Associated General Contractors of California, Inc. , Peti- tioner v. California State Council of Carpenters; and Carpenters 46

Northern Counties Conference Board, et al. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 81-411. Jackson Transit Authority, et al., Petitioners v. Local Di- vision 1285, Amalgamated Transit Union, AFL-CIO-CLC. The motion of Railway Labor Executives' Association for leave to file a brief as amicus curiae is granted.

No. 81-430. Illinois, Petitioner v. Lance Gates, et ux. The motion of petitioner for leave to amend or enlarge question presented for review is denied.

No. 81-485. Hillsboro National Bank, Petitioner v. Commissioner of Internal Revenue. The motion of the Solicitor General to dispense with

printing the joint appendix is granted.

No. 81-525. Charles V. Bowen, Petitioner v. United States Postal

Service, et al. The motion of The Solicitor General for divided argument is granted. The request for additional time for oral argument is denied.

No. 81-876. St. Luke's Federation of Nurses and Health Profes-

sionals, Petitioner v. Presbyterian/St. Luke's Medical Center; Beth Is- rael Federation of Nurses and Health Professionals, etc., Petitioner v. Beth Israel Hospital; and Geriatric Center and St. Anthony's Federa- tion of Nurses and Health Professionals, etc., Petitioner v. St. Anthony Hospital Systems. The motion of petitioners to defer consideration of the petition for a writ of certiorari is granted. MONDAY, MARCH 1, 1982 439

No. 81-912. James Click, Sr., Eugene Weiss and Orral Lake, Peti- tioners v. Idaho, ex rel. John V. Evans, Governor, et al. The Solicitor

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

No. 81-930. United States, Petitioner v. Bliss Dairy, Inc. The motion of the Solicitor General to dispense with printing the joint appendix is granted.

No. 81-1020. Exxon Corporation, et al, Appellants v. Ralph Eagerton, Jr., Commissioner of Revenue of Alabama, et al.; and

No. 81-1268. Exchange Oil and Gas Corporation, et al., Appellants v. Ralph P. Eagerton, Jr., Commissioner of Revenue of the State of Ala- bama. The Solicitor General is invited to file a brief in these cases expressing the views of the United States.

Appeals-^Jurisdiction Noted

No. 81-773. North Dakota, Appellant v. United States. Appeal from the United States Court of Appeals for the Eighth Circuit. In this case probable jurisdiction is noted.

No. 81-802. City of Lockhart, Appellant v. United States and Alfred Cano. Appeal from the United States District Court for the District of

Columbia. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-1008. Burlington Northern, Inc., 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 granted.

No. 81-1222. United States, Petitioner v. Generix Drug Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit granted.

No. 81-1244. C. Duane Hensley, et al., Petitioners v. Thomas Eckerhart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 81-1271. Falls City Industries, Inc., Petitioner v. Vanco Bever- age, Inc. The petition for a writ of certiorari to the United States Court of Appeals for the Seventh Circuit is granted limited to Questions 1 and 2 presented by the petition.

Certiorari Denied

No. 80-1527. William R. Lummis, Temporary Administrator of the 440 MONDAY. MARCH 1. 1982

Estate of Howard R, Hughes, et al., Petitioners v. Los Angeles Air- ways, Inc. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Fourteenth Supreme Judical District, denied.

No. 81-152. Jack Weit, James B. Cox and Robert W. McLallen, etc., Petitioners v. Continental Illinois National Bank & Trust Company of Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-373. Bridgeport Firefighters for Merit Employment, Inc., et al., Petitioners v. Association Against Discrimination in Employment.

Inc., et al.; and

No. 81-374. City of Bridgeport, et al.. Petitioners v. Association

Against Discrimination in Employment, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 81-789. Ruth Rushen, Director, California Department of Cor- rections, et al., Petitioners v. Manuel Taylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-836. Russell Leicht. Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 81-926. Connecticut, Petitioner v. Mitchell Gordon. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 81-942. Montana Wilderness Association, et al., Petitioners v.

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

No. 81-987. Wright Line, etc., Petitioner v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1046. Louis H. Gomez, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1060. Joseph Siegel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1081. Ludwig Bruschi and August B. Juliano. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1123. Elenor M. Catalina. Petitioner v. City of Columbus.

Ohio, et al.; and Elenor M. Catalina. Petitioner v. Tom Moody. Petition for writ of certiorari to the Supreme Court of Ohio denied. MONDAY, MARCH 1, 1982 441

No. 81-1126. Truck Drivers and Helpers Local Union No. 728, et al, Petitioners v. John T. Allen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1127. F. W. Woolworth Co., Petitioner v. National Labor Re- lations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1228. Harvey F. Watkins and Robert Haslett, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1247. Edward M. Spieler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1248. Robert L. Denningham, Petitioner v. Judith Denning- ham. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 81-1252. Harry C. Boggs, Petitioners E. Dandridge McDonald, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-1258. John M. Shaheen, et al., Petitioners v. The Clarkson

Company Limited, as Trustee in Bankruptcy, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1266. Milton W. Ivie, Jr., et al., Petitioners v. L. M. Brown. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1276. Frank C. McLister, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1277. Thomas P. McGuinn, Petitioner v. Roger W. Crist, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1279. Tyrone Brown, David S. Harris and James L. Thomp- son, etc., Petitioners v. County Commissioners of Kent County, Mary- land. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-1280. Robert Dumas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1286. California, et al., Petitioners v. Standard Oil Company 442 MONDAY. MARCH 1. 19S2

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

No. 81-1342. Cowetta News. Inc., dba Playmate Visual Center, Peti- tioner v. City of Memphis. Petition for writ of certiorari to the Court of Appeals of Tennessee. Western Division, denied.

No. 81-1364. Mar}' Jane Eaton, Petitioner v. Drake University and United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1398. Vincent V. Skruzny. Petitioner v. L. R. Myers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1401. Donald Schmidt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1403. Shano Franklin Tage. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the

' Fifth Circuit denied.

No. 81-1412. John R. Connor, Petitioner v. Lucas Phillips. Adminis-

trator, etc., et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 81-1424. Robert Hugh Carney. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1429. Rudolpho Longo. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1440. James A. Rhodes, et al. Petitioners v. Ronald E. Stew-

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

No. 81-1443. Elmo Dean Dressel. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1451. Edward Maynard. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied,

No. 81-5635. Ricky Dean Coats. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-5802. Dennis J. T. Tsui. Petitioner v. United States. Petition MONDAY, MARCH 1, 1982 443 for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5828. Houshang Sheikh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5852. Jesse Lee Sanford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6002. Americo Fiorini, Petitioner v. William Abshire, Super- intendent, Riverside Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6006. Aftab Ahmed, et ux., Petitioners v. James Phillip Kun- kle, et ux. Petition for writ of certiorari to the Court of Appeals of Ari- zona, Division One, denied.

No. 81-6013. William Hicks, Petitioner v. James H. Rose, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-6017. Robert Benjamin Curtis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 81-6018. Frank D. Williams, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

No. 81-6031. Charles Smith, Petitioner v. Fulton Rabelais, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6037. John Oliver Williams, Petitioner v. Donald W. Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6040. Leon Townsend, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

No. 81-6041. John Harvey Adamson, Petitioner v. Jerry Hill, Sheriff of Maricopa County, Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6080. James Malcolm Henry, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6096. Horace Carnell Sutterer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 444 MONDAY, MARCH 1, 1982

No. 81-6099. Bruce G. Williams, Petitioner v. Gerald P. Carmen, Ad- ministrator, General Services Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6117. James L. Watkins, Jr., Petitioner v. Samuel P. Garri- son, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81-6125. In the Matter of Merrill B. Nearis. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6141. Sherwood T. Rodrigues, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6149. Albert Garza, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6154. In Re Randolph T. , Petitioner. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 81-6155. Michael C. Antonelli, Petitioner v. R. J. Lippman, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 81-868. Robert DeVito, Director of the Illinois Department of Mental Health, Petitioner v. Gary Harrington, 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 Sev- enth Circuit denied.

No. 81-1133. Missouri Board of Probation and Parole, et al., Petition- ers v. James E. Williams and Junior Theobald, 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 Eighth Circuit denied.

No. 81-1470. Leo J. Meyer, Warden, Petitioner v. Clarence Eugene Wilson. 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. 81-900. Nuclear Engineering Company, Inc., Petitioner v. Ty- rone C. Fahner, Attorney General of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 81-1263. Devon Corporation, et al., Petitioners v. Walter N. Miller, Director, West Virginia Department of Mines, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Justice White would grant certiorari. MONDAY, MARCH 1, 1982 445

No. 81-1154. Cox Enterprises, Inc., etc., et al, Petitioners v. Mar- cus F. Vascocu, Judge Presiding in the t)istrict Court of Angelina County, Texas, etc., et al. Petition for writ of certiorari to the Supreme Court of Texas denied. Justice Brennan would grant certiorari.

No. 81-1270. Lockheed Corporation, Petitioner v. Michael Moses

Schneider, etc. , et al. Petition for writ 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 petition.

No. 81-1307. Chelsea House Publishers, etc., et al., Petitioners v. Nicholstone Book Bindery, Inc. Petition for writ of certiorari to the Su- preme Court of Tennessee, Middle Division, denied. Dissenting opinion by Justice White with whom Chief Justice Burger and Justice Powell join.

Mandamus Denied

No. 81-6020. In Re Jack Ma, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 81-743. William Daniel Cowgill, et al, Appellants v. Florida;

No. 81-833. John M. Ross, Petitioner v. Rose Bird, etc., et al.; and John M. Ross, Petitioner v. San Diego County Superior Court, et al.; No. 81-5612. In Re Roger Aldworth Beach, Petitioner;

No. 81-5641. Rocco Fischetti, Appellant v. Joseph Ascione;

No. 81-5648. Michael Charles Ward, Petitioner v. United States;

No. 81-5675. Francisca Caraballo, Petitioner v. Secretary of Health and Human Services;

No. 81-5676. John H. Bailey, Petitioner v. Walter Redman, Warden, et al.;

No. 81-5739. Anthony A. Gallo, Petitioner v. Massachusetts; and

No. 81-5860. Marvin Crenshaw, Petitioner v. United States, et al. Petitions for rehearing denied.

Recess Order

The Court will take a recess from Monday, March 8, 1982, until Mon- day, March 22, 1982.

Admissions to the Bar on written Motions

Applicant City and State Movant

Alan J. Azzara Locust Valley, NY Steven J. Hyman Earl Walter Baden Jr. Bradenton, FL Edwin T. Mulock 446 MONDAY, MARCH 1, 1982

Applicant City and State Movant

Alice W. Ballard r nnaaeipnia, rj\ rtaipn jjaviu Samuel A Philip N. Beauregard rsewMow r>eaiora,Rnrlfrkvrl iviaM wnuam xi. oarey Allen R. Bentley oeatxie, wa Irwin H. Schwartz Sondra Ellen Berchin IjOS fAJigeies, Alien iLamuna Susman Howard Mark Bernstein St. Petersburg, G. Robert Schultz FL

Tl nninl lYTi /» V* o ol George William Beswick ±N c W pUl I , 1> \j lycUllcl iVllCIlclcl Work Jr.

Leigh McKenzie Buchanan xrinceion, inj oianey ivi. uavis Bienen

James A. Bisceglia i\orinampion, ivia ivennetn r . Neiman

Jerome Louis Blut ijas v egas, in v nowara i\eii

Robert Sigurdur Bogason oan r ranCisco, james n. ripKin jr.

Steven L. Bolotin laiianassee, r Li x eter uougias

Dx lIlJVIIlcyci TT Sam Borek Chicago, 1L j onn j . x lKarsKi jr. Douglas L. Breault uoiumous, Vincent P.

Ronald J. Broida oummiL, LLi XiODcrX JJ.

VJUlLlo Lille

John P. Brown IN aoIlVlllfc;, ilN F TP ITrlwsirrU TTT Kenneth Louis Buettner Oklahoma City, Philip Donnell XJovW-

Wallace Scott Burke r armingxon, li rucnaro lviurray

Guy M. Burns St. Petersburg, (a. Kooert bcnuitz

r L/ Louis J. Caruso Lansing, MI Frank J. Kelley

William Castrillo Miami, .b L Richard Benjamin Wallace Cheryl Helena Chapman Houston, TX Jay D. Howell Jr. Steven J. Chase Sarasota, FL Lawrence J. Robinson MONDAY, MARCH 1, 1982 447

Applicant City and State Movant

Alpha 0. Clemons Jr. Spokane, WA William Burwell Bantz

Peter Graham Cohn San Francisco, CA Thomas I. Atkins Edward Tuck Colbert Washington, DC Joseph A. DeGrandi Charles Glaston Cole Washington, DC John E. Nolan Jr. Ruth Elise Cooper Ridgecrest, CA G. Neil Fair Dennis D. Daly Jr. St. Paul, MN William Warren Essling Randall M. Dana Columbus, OH Joseph Summer Deutschle Jr. John Peter Herman Washington, DC Nicholas Louis Dethman Jr. Chiarkas Jr. V. James Dickson St. Petersburg, G. Robert Schultz FL Larry Albert Duff Omaha, NB Eileen Ardyce Hansen Thomas James Eastment Washington, DC Charles M. Darling IV Kim Warren Eddie Lansing, MI Peter D. Houk William David EUiott Dallas, TX William Ralph Elliott Albert Fendig Jr. Brunswick, GA Kirk M. McAlpin Mark Harmon Ferguson Springfield, IL John M. Ferguson H. Glen Flagler Westerville, OH Claude William McLeskey Thomas Edward Washington, DC Robert Jay Frankovich Federman Leon Evans Frazier Jr. Houston, TX James W. Dilworth David J. Freeman White Plains, NY Michael Allen Kramer Michael L. Gallagher Phoenix, AZ William Thomas Birmingham Humberto S. Garcia Beaumont, TX James William Mehaffy Jr. Karen A. Gievers Miami, FL Duane Anderson Stan Mark Godoff Wellesley Hills, Edward M. MA Marlenga 448 MONDAY, MARCH 1, 1982

Applic&nt City and State MovantV Cult

Joel H. Golub San Francisco, CA Howard Victor Golub Gerald R. Grant Phoenix, AZ William J. Schafer III Edward W. Greason New York, NY Hugh A. Chapin John S. Greenebaum Louisville, KY William Darrell Grubbs Norman H. Gross Albany, NY Paul Edgar Sherman Jr. John L. Gubbins Chicago, IL Barry Jay Freeman Jeffrey Robin Hacker Dallas, TX Kenneth M. Stillman Joseph John Hahn Washington, DC Rex Howard Reed Susan Harrison Hale Washington, DC John N. Wheelock James P. Hamilton North Little Rock, Sam Hilbum AR Joseph F. Harbison III Sacramento, CA Melvin Belli Ira Raymond Harrison Hampton, GA Stephen P. Harrison J. Hoy Hathom Louisville, MS James Plemon Coleman Stanley H. Hathorn Louisville, MS James Plemon Coleman Peter N. Hillman New York, NY Bernard William McCarthy John Clark Hoag Beverly Hills, CA Helen V. Byard Donald Sargent Honchell Chicago, IL Aaron Lewis Meyers Bruce Overstreet Jolly Jr. Washington, DC Leonard Jay Rubin Paul F. Jones Buffalo, NY Paul B. Zuydhoek James R. Kaminsky Columbus, OH William J. Abraham Scott Ross Keating Los Angeles, CA David L. Rosner Donald Richard Keller Columbus, OH Robert A. Bell Michael K. Kennedy Phoenix, AZ William Thomas Birmingham MONDAY, MARCH 1, 1982 449

Applicant City and State Movant

Roy J. Koegen Spokane, WA Thomas Stephen Foley Robert F. Koehler Jr. San Francisco, CA Ronald Wayne Beals Stephen A. Kroft Beverly Hills, CA Allen Edmund Susman Alexander Laufer Tampa, FL Roger Milton Olsen Eugene Greene Lawley III Gulfport, MS Robert Homer Walker Stephen Edward Lehman Spartanburg, SC James Wilson Shaw Gerald Baris Leib Mountain View, James Andrew CA Miller Michael W. Lillie Denver, CO Richard S. Kitchen Sr. James Murray Thomas Philadelphia, PA Joseph N. Lynn Bongiovanni III Pat Maloney Jr. San Antonio, TX John Maloney Mary Elizabeth Manton Columbus, OH Joseph Summer Deutschle Jr. Frances Carol Mclntyre Detroit, MI Alphonso R. Harper Thomas Jeffrey McLaughlin Seattle, WA John David Dillow Mary Lucille Milano Chicago, IL Robert E. Deignan John Brendan Murdock Santa Monica, CA Robert L. Kahan Allan Joseph Nodes Hamilton Square, Mark Paul Cronin NJ- Peter M. O'Neill Princeton, NJ Gordon C. Strauss John Ralston Pate Jr. Boston, MA Donald Start Caruthers Robert Curtis Pearson Duluth, MN Conrad M. Fredin B. Donovan Picard Washington, DC Charles M. Darling IV William Terry Pickren Atlanta, GA G. Thomas Davis James Joseph Preis Los Angeles, CA David Hillel Guthman 450 MONDAY, MARCH 1, 1982

Applicant City and State Movant

Michael Dennis Quayle St. Paul, MN Kenneth W. Green John Patton Racin Washington, DC Lawrence Speiser

I. Warren Rainer Los Angeles, CA Robert Lee Toms Donald E. Ransom St. Louis, MO Eric Alton Cunningham Jr. D. Roger Reed Spokane, WA Edward B. Mackie Richard Thomas Regan Metairie, LA Stuart A. McClendon Steven Alan Reiss New York, NY Anthony G. Amsterdam Kent W. Robinson Houston, TX Clinton S. Morse Ronald Evan Sandhaus Kansas City, MO Philip Brian Green Peter Joseph Shudtz Cleveland, OH Richard B, Allen Mark Jordan Siegel Dallas, TX Von Monroe Crain III Donald E. Sloan Los Angeles, CA Dean C. Dunlavey Harry M. Snyder San Francisco, CA Robert L. Gnaizda Howard B. Soloway Beverly Hills, CA Joseph A. Ball Arthur K. Steinberg Riverdale, GA Charles Longstreet Weltner Harvey B. Stephens Springfield, IL Robert A. Stuart Robert E. Tarbell Sacramento, CA Ronald Wayne Beals Ralph W. Tan- Fresno, CA John H. Baker Frank John Tassone Jr. Jacksonville, FL T. Edward Austin Jr. Andrew Allen Taylor Brunswick, GA James A. Bishop John J. Vlahos San Francisco, CA Raymond Lester Hanson Catherine Carl Wakelyn Washington, DC Charles M. Darling IV Martin Wald Philadelphia, PA Nicholas N. Price Clark William Watkin Jr. Phoenix, AZ Teddy F. Warner William Henry West Nashville, TN Robert Belton Martha Louise Wolfe New York, NY Whitney N. Seymour John Lewis Woodard III Orlando, FL Marc L. Lubet MONDAY, MARCH 1, 1982 451

Applicant City and State Movant

Randy Orville Wright San Jose, CA William H. Mclnerney John Michael Wylie Dallas, TX Jay Michael Vogelson L. Geoffrey Young St. Petersburg, G. Robert Schultz FL

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Harvey H. Klee Los Angeles, CA Enser William Cole, Jr. Elizabeth Ann Campbell Washington, DC William Casto Evans Eugene Applegate Beatty Washington, DC William Casto Evans

Oral Argument

No. 80-2209. United States, Petitioner v. Albert Ross, Jr. Argued by Mr. Andrew L. Frey for the petitioner and by Mr. William J. Garber for the respondent.

No. 81-212. Richard S. Schweiker, Secretary of Health and Human Services, Appellant v. William McClure, et al. Argued by Mr. Kenneth S. Geller for the appellant and by Mr. Harvey Sohnen for the appellees.

No. 80-1594. United States, Petitioner v. Erika, Inc. Argued by Mr. Edwin S. Kneedler for the petitioner and by Mr. Stephen H. Oleskey for the respondent.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY, MARCH 2, 1982 453 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 L. Mattiaccio New York, NY Daniel M. Friedman Bruce S. Albright Washington, DC Benjamin A. Gilman Charlotte Rotan Bell Falls Church, VA Lois J. Schiffer Arthur N. Eisenberg New York, NY Alan H. Levine

Opinions

No. 80-415. Railway Labor Executives' Association, Appellant v. William M. Gibbons, Trustee, et al. On appeal from the United States District Court for the Northern District of Illinois; and

No. 80-1239. Railway Labor Executives' Association, Appellant v. William M. Gibbons, Trustee, et al. On appeal from the United States Court of Appeals for the Seventh Circuit. Judgment in No. 80^15 is vacated and case remanded to the District Court with instructions to dismiss the complaint as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950). Judgment in No. 80-1239 is affirmed. Opin- ion by Justice Rehnquist. Opinion by Justice Marshall concurring in the judgment with whom Justice Brennan joins.

No. 80-5887. Richard H. White, Petitioner v. New Hampshire De- partment of Employment Security, 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 Powell. Opinion by Justice Blackmun concurring in the Judgment. No. 80-2165. James M. Murphy, District Judge, Fourth Judicial Dis- trict of the State of Nebraska, Douglas County, Appellant v. Eugene L. Hunt. Appeal from the United States Court of Appeals for the Eighth Circuit. Judgment vacated and case remanded to the Court of Appeals with instructions that the complaint be dismissed. Opinion per curiam. Dissenting opinion by Justice White. 454 TUESDAY, MARCH 2, 1982 Oral Argument

No. 81-5114. Delbert Lee Tibbs, Petitioner v. Florida. Argued by Mr. Louis R. Beller for the petitioner and by Mr. Michael A. Palecki for the respondent.

No. 80-2178. John S. Toll, President, University of Maryland, et al., Petitioners v. Juan Carlos Moreno, et al. Argued by Mr. Robert A. Zarnoch for the petitioners and by Mr. James R. Bieke for the respondents. No. 80-2043. Board of Education, Island Trees Union Free School District No. 26, et al., Petitioners v. Steven A. Pico, by his next friend, Frances Pico, et al. Argued by Mr. George W. Lipp, Jr. for the petitioners and by Mr. Alan H. Levine for the respondents.

No. 80-1874. Georgia Patsy, Petitioner v. Board of Regents of the State of Florida, etc. Argued by Mr. Charles S. Sims for the petitioner and by Mr. Mitchell D. Franks for the respondent.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, MARCH 3, 1982 455 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 Stuart Monteith San Francisco, CA Paul N. McCloskey Donald Ray Brewer Algonquin, IL Samuel D. Mcllwayne Charlene Miller Carres Coral Gables, FL Paul Howard Zarefsky James H. Hartl San Francisco, CA David M. Pellow Michael Ernest Avakian Alexndria, VA Paul Douglas Kamenar

Opinions

No. 80-846. Jim Rose, Warden, Petitioner v. Noah Harrison Lundy. 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 judgment of this Court. Justice O'Connor announced the Court's judgment and delivered an opinion of the Court with respect to Parts I, II, III-A, III-B and IV, in which Chief Justice Burger, Justice Brennan, Justice Marshall, Justice Powell and Justice Rehnquist joined, and an opinion with respect to Part III—C, in which Chief Justice Burger, Justice Powell and Justice Rehnquist joined. Opinion by Justice Blackmun concurring in the judgment. Opinion by Justice Brennan concurring in part and dissenting in part with whom Justice Marshall join. Opinion by Justice White concurring in part and dissenting in part. Dissenting opinion by Justice Stevens.

No. 80-1681. Village of Hoffman Estates, et aL, Appellants v. Flipside, Hoffman Estates, Inc. Appeal from the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. Opinion by Justice White concurring in the judgment. Justice Stevens took no part in the consideration or decision of this case. 456 WEDNESDAY, MARCH 3, 1982 Oral Argument

Board, et al. One hour and twenty minutes allowed for oral argument. Argued by Mr. John W. Prager, Jr. for the petitioner in 80-1798, by Mr. Lewis K. Scott for the petitioners in 80-1808 and 81-91, by Mr. Norton J. Come for the respondent NLRB, and by Mr. Laurence Gold for the respondent unions. No. 81-202. National Association for the Advancement of Colored

People, et al., Petitioners v. Claiborne Hardware Company, et al. Ar- gued by Mr. Lloyd N. Cutler for the petitioners and by Mr. Grover Rees, III for the respondents.

No. 81-280. General Building Contractors Association, Inc., Peti- tioner v. Pennsylvania, et al.;

No. 81-330. United Engineers & Constructors, Inc., Petitioner v. Pennsylvania, et al.; No. 81-331. Contractors Association of Eastern Pennsylvania and

United Contractors Association, Petitioners v. Pennsylvania, et al.;

No. 81-332. Glasgow, Inc., Petitioner v. Pennsylvania, et al.; and

No. 81-333. Bechtel Power Corporation, Petitioner v. Pennsylvania, et al. One hour and thirty minutes allowed for oral argument. Argued by Mr. John J. McAleese, Jr., for the petitioners in 81-330, et al., by Mr. John G. Kester for the petitioners in 81-280, et al., and by Mr.

Harold I. Goodman for the respondents.

Adjourned until Monday, March 8, 1982 at 10 o'clock. x (JOURNAL) MONDAY, MARCH 8, 1982 457 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. 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. 80-2003. Honda Motor Company, Ltd., Appellant v. Walter P. Coons. Appeal from the Superior Court of New Jersey, Appellate Divi- sion. The judgment is vacated and the case is remanded to the Superior Court of New Jersey, Appellate Division, for further consideration in light of G. D. Searle and Company v. Cohn, 455 U.S. (1982). Jus- tice Rehnquist, Justice Stevens and Justice O'Connor would dismiss the appeal for want of jurisdiction.

No. 81-865. Metrocentre Improvement District No. 1, City of Little Rock, Arkansas, Appellant v. Federal Reserve Bank of St. Louis. Ap- peal from the United States Court of Appeals for the Eighth Circuit.

The judgment is affirmed. Justice Blackmun, Justice Rehnquist and Justice O'Connor would note probable jurisdiction and set the case for oral argument.

No. 81-1315. Robert Westphalen, Appellant v. City of Chicago, et al. Appeal from the Appellate Court of Illinois, 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.

No. 81-6055. Olga Hernandez, Appellant v. Department of Labor and

Human Resources, et al. Appeal from the Supreme Court 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.

No. 81-1324. Meade H. Esposito, Appellant v. Robert Abrams, At- torney General of the State of New York. Appeal from the Court of Ap- peals of New York. The appeal is dismissed for want of jurisdiction.

Certiorari—Summary Disposition

No. 81-1038. Jack Duckworth, Warden, et al., Petitioners v. William L. Cowell. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is 458 MONDAY, MARCH 8, 1982 granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit with directions that it instruct the United States District Court for the Northern Dis- trict of Indiana to dismiss the petition for a writ of habeas corpus. Rose v. Lundy, 55 U.S. (1982). Justice Blackmun and Justice Stevens would deny the petition for a writ of certiorari.

No. 81-1098. Central Intelligence Agency and William J. Casey, Pe- titioners v. Holy Spirit Association for the Unification of World Chris- tianity. On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Petition for writ of certiorari granted. Upon the representation of counsel for respondent set forth in her letter of February 18, 1982 and the response of the Solicitor

General filed February 24, 1982, the judgment is vacated insofar as it affirms the decision of the United States District Court for the District of Columbia requiring the disclosure of the six documents in question and the case is remanded to the United States Court of Appeals for the

District of Columbia Circuit with directions that it instruct the United States District Court to dismiss this aspect of the case as moot.

No. 81-5047. Marcelo Rodriquez, Petitioner v. David R. Harris, Su- perintendent, Green Haven Correctional Facility. On petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit with directions that it instruct the United States District Court for the Southern District of New York to dismiss the petition for a writ of habeas corpus. Rose v. Lundy, 455 U.S. (1982). Justice Stevens would grant the petition for a writ of certiorari and set the case for oral argument.

Orders in Pending Cases

No. . In the Matter of Admission of William Evans Benton. The application for admission is granted. Dissenting opinion by Chief Jus- tice Burger.

No. . In the Matter of Admission of Michael T. Rose. The application for admission is granted. Concurring opinion by Justice Stevens. Dissenting opinion by Chief Justice Burger with whom Justice O'Con- nor joins.

No. . James R. Gitre, Petitioner v. Bache, Halsey, Stuart,

Shields, Inc. The motion to direct the Clerk to file the petition for a writ of certiorari is denied. MONDAY, MARCH 8, 1982 459

No. 89 Original. State of California, ex rel. State Lands Commission, Plaintiff v. United States. The motion of the Solicitor General for leave to file a supplemental brief is granted.

No. A-724. Thomas Patrick Lordeon, Applicant v. Elbert L. Peters, Jr., etc. The application for stay addressed to Justice Marshall and referred to the Court is denied. No. 81-731. Arkansas Electric Cooperative Corporation, Appellant v. Arkansas Public Service Commission. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 81-1055. David B. Poythress, et al., Petitioners v. Elizabeth B.

Duncan, et al. The motion of respondents to advance case for oral argument and for abridgement of time to file briefs is denied.

No. 81-1114. Illinois, Petitioner v. Abbott & Associates, Inc., et al. The application of "undisclosed respondents" for an order to keep identities of certain respondents held in camera presented to Justice Stevens and by him referred to the Court is granted.

No. 81-1565. VSL Corporation, Petitioner v. United States. The motion of petitioner for an order placing the petition for a writ of certiorari, brief in opposition and record under seal is denied.

No. 81-1589. Hugh S. Hunt, Petitioner v. Jerry L. Collins. The application for stay addressed to Justice Brennan and referred to the Court is denied.

Appeal-^Jurisdiction Noted

No. 81-1320. William Kolender, et al., Appellants v. Edward Lawson. Appeal from the United States Court of Appeals for the Ninth

Circuit. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-1251. Harry Connick, Individually and in his capacity as Dis- trict Attorney, etc., Petitioner v. Sheila Myers. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 81-638. Lowell D. Hewitt, et al., Petitioners v. Aaron Helms. 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. 81-827. Jefferson County Pharmaceutical Association, Inc. , Peti- 460 MONDAY, MARCH 8, 1982 tioner v. Abbott Laboratories, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. Justice O'Connor took no part in the consideration or decision of this petition.

Certiorari Denied

No. 80-704. William M. Gibbons, Trustee, etc., et al., Petitioners v.

Railway Labor Executives' Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 80-2036. Joel D. Joseph, Petitioner v. Howard W. Cannon, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 80-6902. Paul L. Stedman, Petitioner v. Gary D. Maynard, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 81-752. Hugh L. Carey, 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 Second Circuit denied. No. 81-986. McLemore's Wholesale & Retail Stores, Inc., Petitioner v. Charles Payne. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-996. Dwight Manney, by his Mother, Annie Mae Manney, as next friend, etc., Petitioner v. Kenneth C. Fare, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1071. Francine Vannier, Petitioner v. United States; and

No. 81-1108. Mitchell Hermann, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1084. Illinois, et al., Petitioners v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1087. Alaska, Petitioner v. John Heffle, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 81-1091. Edgar Pauk, Petitioner v. Board of Trustees of the City University of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1101. Department of Transportation of California, et al., Peti- MONDAY, MARCH 8, 1982 461 tioners v. San Diego Unified Port District, et aL Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1143. Charles D. Yettke, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

No. 81-1157. John Doe and Richard Roe, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-1250. 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. 81-1294. St. Louis-San Francisco Railway Company, Petitioner v. Warren Vanskike, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 81-1297. Local Lodges 743 and 1746, International Association of Machinists and Aerospace Workers, AFL-CIO, Petitioners 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. 81-1299. Illinois, et al., Petitioners v. Interstate Commerce

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

No. 81-1301. United States, Petitioner v. Joseph and Mary DiSalvatore, Administrator and Administratrix of the Estate of Mi- chael DiSalvatore, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1311. Jerome Sacks, Petitioner v. Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1321. Royal Netherlands Steamship Company, Petitioner v. Fritz S. Singer. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1325. James E. Graham and Charles McLain, Petitioners v. Kentucky. Petition for writ of certiorari to the Circuit Court of Hardin County, Kentucky denied.

No. 81-1327. National Health Agencies, Petitioner v. United Way of San Diego County, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 462 MONDAY, MARCH 8, 1982

No. 81-1329. Sarah D. Bollotin, Petitioner v. Richard M. Schwartz, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-1355. Walter W. Malone, Petitioner v. John F. Richardson, Commissioner, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 81-1362. Montreal Trading Ltd., Petitioner v. Amax, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1363. Holt Marine Terminal, Inc., Petitioner v. Transport In- ternational Pool, Inc. , et al. Petition for writ of certiorari to the Supe- rior Court of New Jersey, Appellate Division, denied. No. 81=1400, Robert Lee Preston and Stanley Burr Meaker, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1416. Frank L. Thomas, Petitioner v. Robert J. Soares,

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

No. 81-1417. Frank L. Thomas, Petitioner v. Roland N. Purnell, et al Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1430. Brett Kimberlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-1435. William Colacurcio, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1445. Kenneth S. Peters, Petitioner v. Sidney A. Diamond, Commissioner of Patents. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1457. Citizens Against UFO Secrecy, Petitioner v. National Security Agency. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1459. Madeline T. Poston, Petitioner v. William F. Bolger, Postmaster General of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1465. Dennis James Pring, et al., Petitioners v. United States District Court for the Eastern District of California (United States, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, MARCH 8, 1982 463

No. 81-1466. John Christopher Doyle, Petitioner v. United States Department of Justice, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-5677. Albert J. Bibby, Petitioner v. United States; and

No. 81-5790. Orrin Scott Reed, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5777. Robert Roy Mefford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-5858. Kenneth Granviel, 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. 81-5867. Freels Melvin Bacon, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-5882. Henry DeWilliam Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6025. Charles W. Levy, Petitioner v. High's Dairy Stores, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-6032. George Edward Ford, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-6039. Gary Allen Martin, 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. 81-6042. Rufus Junior Mincey, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 81-6043. Joseph D. Poe, Jr., Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied.

No. 81-6047. Dennis Notaro, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied.

No. 81-6048. Ronald Lee Morris, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-6053. Wayne W. Hatch, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. 464 MONDAY, MARCH 8, 1982

No. 81-6057. Norbert L. Cody, Petitioner v. Union Electric Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-6058. Glenn Carnell Morris, Petitioner v. Dave Faulkner, Sheriff of Tulsa County, Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6060. Frank Betts, Petitioner v. Keebler Co. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6063. David Ray Collings, Petitioner v. Vernon Housewright, Director, Arkansas Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6065. Isiah James, Jr., Petitioners. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

No. 81-6066. Randall Lewis Nyman, 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. 81-6067. Gary Lee McColpin, Petitioner v. Ira Barnes. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6069. Tony Mitchell, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-6071. Joseph Coggins, Petitioner v. Sam Austin, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6091. Anthony Bozeman, Petitioner v. E. P. Perini, Superin- tendent, M.C.I. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6123. Raymond Leon Currier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6135. James Lynn Hooton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6165. Monserrate Pizarro Mercado, Petitioner v. General Ser- vices Administration and United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6169. Clyde A. Hale, Petitioner v. Kansas, et al. Petition for MONDAY, MARCH 8, 1982 465 writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6177. Joseph Thaddeus Sere, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Claims denied.

No. 81-6178. . Harold Lawrence Vander Pauwert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6179. Jackie Sue Cameron, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6181. Hubbard Bell, Jr., Petitioners United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6185. Eddie Howell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-6188. Charles Daniel Magill, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81-6189. Lee McComas Ramsey and Cecil Zedrick Ramsey, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6193. Fred Leon Tinsley, Petitioner v. United States Air Force. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-6195. Arthur L. Hendrix, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6201. Jeanne Towson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-415. The Casbah, Inc., et al, Petitioners v. Charles Thone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Stevens took no part in the consideration or decision of this petition.

No. 81-998. Robert Brache, et al, Petitioners v. County of West- chester, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Stevens took no part in the consideration or decision of this petition. 466 MONDAY, MARCH 8, 1982

No. 81-899. Harvey Baxter, et al., Petitioners v. William E. Mouzavires. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. Dissenting opinion by Justice White with whom Justice Powell joins. No. 81-1011. W. J. Estelle, Jr., Director, Texas Department of Cor- rections, Petitioner v. Kenneth Granviel. 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. 81-1318. Catholic Social Services of Tucson, Petitioner v. P.C. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Ari- zona, Division Two, denied.

No. 81-1012. Insurance Company of North America, Petitioner v. Keene Corporation, et al;

No. 81-1197. Hartford Accident & Indemnity Company, Petitioner v. Keene Corporation, et al.;

No. 81-1298. Aetna Casualty and Surety Company, Petitioner v. Keene Corporation, et al.; and

No. 81-1328. Liberty Mutual Insurance Company, Petitioner v.

Keene Corporation, et al. The motion of Commercial Union Insurance

Companies for leave to file a brief as amicus curiae in No. 81-1012 is granted. The motion of American Home Assurance Co. , et al. for leave to file a brief as amici curiae in No. 81-1012 is granted. The motion of

Walbrook Insurance Company, Ltd., et al. for leave to file a brief as amici curiae in No. 81-1328 is granted. The motion of Armstrong

World Industries, Inc., et aL for leave to file a brief as amici curiae is granted. The motion of Home Insurance Company 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 District of Columbia Circuit are denied. Justice White, Justice Blackmun and Justice Powell would grant certiorari. Justice Brennan took no part in the consideration or decision of these petitions and motions.

No. 81-1198. Minnesota, Petitioner v. John R. Block, Individually and as Secretary of Agriculture of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice O'Connor would grant certiorari.

No. 81-1239. Wayne Stephens, et al., Petitioners v. Elwood W. Black, Sr., et ux. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Powell and Jus- tice O'Connor would grant certiorari. MONDAY, MARCH 8, 1982 467

No. 81-1349. Dellway Villa of Tennessee, Ltd., et al., Petitioners v. Charlie Mai Jordan, et al. The motion of respondent Charlie Mai Jordan 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. 81-5876. Anthony Charles Williams, 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. 81-6056. Antonio Muina and J. A. Muina, Petitioners v. Mon- tana, et al. The application for stay addressed to the Chief Justice and referred to the Court is denied. The petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit is denied.

Mandamus Denied

No. 81-6068. In Re Richard Emmett Smiley, Petitioner. Petition for writ of mandamus denied. No. 81-6046. In Re Steven Bowine, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied

No. 81-819. Gilbert R. Stainbrook, Jr., Petitioner v. Pennsylvania Department of Transportation;

No. 81-830. Peter McCann Giesey, Petitioner v. Donald J. Devine,

Director, Office of Personnel Management, et al.;

No. 81-965. Philip Gutter, Petitioner v. Merrill Lynch, Pierce, Fenner & Smith, Inc.;

No. 81-5624. Walter Paul Arnold, Petitioner v. Ronald Marshall, Su- perintendent, et al.; No. 81-5632. In Re Ernest Charles Downs, Petitioner;

No. 81-5713. Jesus E. Cortez, etc., Petitioner v. United States;

No. 81-5749. Alphonso Morgan, Petitioner v. Charles Montgomery, Warden;

No. 81-5805. Joseph S. Chicco, Petitioner v. City of New Bedford, et al.; and

No. 81-5842. Billy Roy Moss, Petitioner v. Gary M. Polland, et al. The petitions for rehearing denied.

No. 81-198. Insurance Company of North America, Petitioner v.

Forty-Eight Insulations, Inc., et al.; and 468 MONDAY, MARCH 8, 1982

No. 81-200. Aetna Casualty and Surety Company, Petitioner v. Charles J. Porter, et al. The petitions for rehearing are denied. Justice Brennan and Justice O'Connor took no part in the consideration or decision of these petitions.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Charles William Altenhof Sudbury, MA John Christopher Powers Joseph T. Barron Jr. Clearwater, FL Thomas E. Penick Jr. Robert A. Blackwood III Atlanta, GA William J. Ormsby Jr. Bruee Middleton Bounds Coral Gables, FL Stanley C. Myers Frederick Worthan Bradley San Francisco, CA Arthur Walter Curley Daniel Wayne Burns Birmingham, AL George Michael Stripling William Frederick Causey Washington, DC E. Barrett Prettyman Jr. Stanley W. Curry Jr. Dallas, TX Charles W. Stuber P. Cameron DeVore Seattle, WA Edward Barth Cohen Robert Sheridan Digges Jr. Charleston, WV Jack C. McClung Joseph Nicholas Donatucci Philadelphia, PA Lee Mandell Joseph Simon Finkelstein Philadelphia, PA H. Robert Fiebach Mark G. Flaherty Kansas City, MO Clifton L. Elliott Larry Earl Forrester Atlanta, GA George Kenneth McPherson Jr. St. John Garwood Jr. Houston, TX Joseph Hall Sperry

Wendie I. Gershengorn Boston, MA Owen S. Walker Edward Giaimo New York, NY Salvatore Paul Squitieri Edward Peter Giaimo New York, NY Salvatore Paul Squitieri Robert Hamilton Gilliland Oklahoma City, Judson Sage Jr. OK Woodruff William Jay Glazer Los Angeles, CA Darryl H. Graver Peter J. Gregora Los Angeles, CA Richard H. Borow MONDAY, MARCH 8, 1982 469

Applicant City and State Movant

Wallace Reid Gunn Hattiesburg, MS S. Wayne Easterling George Snowden Hender Bryn Mawr, PA Arthur M. Ahalt Gerald Hermansen Oroville, CA Charles Keith Lyde III Steven Landeros Oracle, AZ Stephen Anton Hernandez Hubert James H. Highfield Louisville, KY Leonard Stanley Chauvin Jr. Clayton Charles Ikei Honolulu, HI Robert Gilbert Johnston William Paul Jones Chicago, IL Philip Joseph Rock Joanne M. Kostiw Rochester, NY James W. Richards John Robert LaCava Yonkers, NY Joseph W. Rakacky Irvin Lederer New York, NY Irwin Kahn Stephen M. Leitner Woodbridge, NJ John R. Tort Jr.

Michael Glenn Mask Jacksboro, TX . Patrick Andrew Myers Joseph D. McGovern Glennville, GA B. Daniel Dubberly Jr. Stephen Perry Millikin Greensboro, NC Jack W. Floyd Mark A. Nacol Dallas, TX John Gregory Tatum Michael F. Patton Washington, DC Joel Gerber Marcos Perez-Cruz San Juan, PR Nicholas Delgado Figueroa John Ridgely Porter III Portsmouth, VA Ronald S. Hallman Thomas M. Quayle St. Paul, MN Lee N. Johnson James Jerome Quigley Houston, TX Rudy Hernandez Jack Edward Ruby Winston-Salem, Richard Gordon NC Badgett Dorothy Jane Samuels New York, NY Richard David Emery Richard L. Schaplowsky Newark, NJ Robert B. Meyner Milton A. Schlesinger Hattiesburg, MS S. Wayne Easterling 470 MONDAY, MARCH 8, 1982

Applicant City and State Movant

John Thomas Severe Stillwater, OK Winfrey D. Houston Edmond Wade Shows Baton Rouge, LA Paul R. Baier James E. B. Stewart Jonesboro, GA H. Eugene Brown Thomas A. Tarro III Providence, RI Raymond Dettore Jr. Mary Lynn Tate Abingdon, VA Emmitt Franklin Yeary Jeannine Turgeon Harrisburg, PA Carroll F. Purdy Jr. James S. Tyre Los Angeles, CA Paul Philip Selvin Garland D. Upton Columbia, MS James Seaborn Dale Jr. Ray Henry Wilburn Tulsa, OK Donald G. Hopkins

Opinions

No. 80-1481. Bread Political Action Committee, et al., Appellants v. Federal Election Commission, et al. Appeal from the United States Court of Appeals for the Seventh Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. No. 81-61. United Mine Workers of America Health and Retirement Funds, et al., Petitioners v. Gracie Robinson and Juanita Hager, etc. 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 Stevens.

No. 80-1562. Marine Bank, Petitioner v. Samuel Weaver, et ux. 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 Chief Justice Burger.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Robert Craig Astor Newport News, Wayne Allen VA Palkovitz MONDAY, MARCH 8, 1982 471

Applicant City and State Movant

John Neil Raudabaugh Atlanta, GA J. Roy Weathersoy Michael Wayne Beasley Arlington, VA Endicott Peabody William Lanier Wallis Florala, AL Lloyd K. Rector Kom F. Loh Tucson, AZ Lloyd K. Rector Douglas Kent Fletcher Eureka, CA Lloyd K. Rector Frank John Prochazka San Diego, CA Lloyd K. Rector Gregory Emerson Smith Denver, CO Lloyd K. Rector Richard George Totten Colorado Spring, Lloyd K. Rector CO Scott Phillip Knight Chicago, IL Lloyd K. Rector t? Joh Richard Barbee Great Bend, KS XV. Louis D. Carlson Topeka, KS Lloyd K. Rector Larry Bruce Horton Topeka, KS Lloyd K. Rector Michael Dawson Warren Independence, KY Lloyd K. Rector John Thomas Rucker New Orleans, LA Lloyd K. Rector James Stephen Russell Fort Fairfield, Lloyd K. Rector ME Sharon Elizabeth Best Jefferson City, Lloyd K. Rector MO Joseph W. Cornelison Maryville, MO Lloyd K. Rector Patrick Michael Flachs Saint Louis, MO Lloyd K. Rector Robert Edward Hilton Leland, MS Lloyd K. Rector Thomas Greigory Bowe Missoula, MT Lloyd K. Rector Wilbert Byrd Alliance, OH Lloyd K. Rector Stephen Nypaver III Cleveland, OH Lloyd K. Rector Vincent James Faggioli Oklahoma City, Lloyd K. Rector OK William Clifford Jones II Eugene, OR Lloyd K. Rector Joseph Anthony Goetzke Scranton, PA Lloyd K. Rector John J. Pavlick Jr. Philadelphia, PA Lloyd K. Rector Paul Creadick Smith Bethel Park, PA Lloyd K. Rector John G. Thomas III Easton, PA Lloyd K. Rector Stephen Roy Dooley Providence, RI Lloyd K. Rector Waldo Walker Brooks III Columbia, SC Lloyd K. Rector John Thomas Jones Jr. Decherd, TN Lloyd K. Rector Craig Lanson Carver Amarillo, TX Lloyd K. Rector Edward W. France III Houston, TX Lloyd K. Rector 472 MONDAY, MARCH 8, 1982

Applicant City and State Movant

Ward D. King Jr. Austin, TX Lloyd K. Rector David Harlow Scott Jr. El Paso, TX Lloyd K. Rector Jon Wayne Jepperson Brigham City, UT Lloyd K. Rector Larry Talmadge Brown Charlottesville, Lloyd K. Rector VA Alan K. Hahn Kenosha, WI Lloyd K. Rector Philip Cajetan DeVerges Washington, DC Bruce Douglas Sokler Wendell Howard Lueker Washington, DC Bruce Douglas Sokler Garret G. Rasmussen Washington, DC Bruce Douglas Sokler C. Vincent Scheel Wilmington, DE Bruce Douglas Sokler G. Wendell Spivey Ahoskie, NC Bruce Douglas Sokler William Ernest Staehle Chatham, NJ Bruce Douglas Sokler C. Arthur Wilson Jr. Pittsburgh, PA Bruce Douglas Sokler Robert Haywood Brumley Aylett, VA Bruce Douglas II Sokler George Aloysius Hovanec Alexandria, VA Bruce Douglas Jr. Sokler Neal J. Patten Newport News, Bruce Douglas VA Sokler Robert B. Brennan Newark, NJ Judge James H. Coleman Jr Robert Dix Herpst Harrington Park, Judge James H. NJ Coleman Jr Moonyene S. Jackson Newark, NJ Judge James H. Coleman Jr Andrea Patrice McCoy Jersey Cirty, NJ Judge James H. Johnson Coleman Jr Althear A. Lester Newark, NJ Judge James H. Coleman Jr Betty Joan Lester Newark, NJ Judge James H. Coleman Jr MONDAY, MARCH 8, 1982 473

Applicant City and State Movant

Severiano Lisboa III Jersey City, NJ Judge James H. Coleman Jr Constance S. McAllister South Orange, NJ Judge James H. Coleman Jr Gloria Esther Soto Trenton, NJ Judge James H. Coleman Jr Marva Antoninette Allen New York, NY Judge James H. Coleman Jr Stanley J. Rand New York, NY Judge James H. Coleman Jr

Adjourned until Monday, March 22, 1982 at 10 o'clock. x

(JOURNAL) MONDAY, MARCH 22, 1982 475 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. 81-362. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Jose Torna. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of respondent for leave to proceed in forma pauperis and petition for certiorari 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. Justice Brennan would set the case for oral argument. Dissenting opinion by Justice Marshall.

No. 81-844. George Sumner, Warden, Petitioner v. Robert Mata. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Motion of respondent for leave to proceed in forma pauperis and petition for certiorari granted. Judgment vacated 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 Marshall joins. Dissent- ing opinion by Justice Stevens. No. 81-1049. Lloyd Fletcher, Superintendent, Bell County Forestry Camp, Petitioner v. Eric Weir. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Motion of respondent for leave to proceed in forma pauperis and petition for certiorari 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. Justice Brennan would set the case for oral argument. Justice Marshall dissents from the summary reversal of this case.

Appeals—Summary Disposition

No. 81-1356. Clifford Jones, Appellant v. William M. Morris, et al. Appeal from the United States District Court for the Southern District of Ohio. The judgment is affirmed. 476 MONDAY, MARCH 22, 1982

No. 81-5827. In Re Norma Turner, Appellant. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of jurisdiction.

No. 81-6073. Danny Angelo Fluker, Appellant v. Georgia. Appeal from the Supreme Court of Georgia. The appeal is dismissed for want of jurisdiction.

No. 81-6097. James E. Richards, Appellant v. City of Los Angeles. Appeal from the Court of Appeal of California, Second Appellate Dis- trict. The appeal is dismissed for want of a substantial federal question.

No. 81-6106. Richard C. Ivey, Petitioner v. Alaska. Appeal from the Supreme Court of Alaska. The appeal is dismissed for want of a substantial federal question.

No. 81-6157. Manfred Wolfson, Appellant v. Paul Murray, 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. 76-1234. Samuel R. Pierce, Jr., Secretary of Housing and Urban Development, et al., Petitioners v. Barbara Ross, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit; and

No. 76-1261. Samuel R. Pierce, Jr., Secretary of Housing and Urban Development, et al., Petitioners v. Hilda Abrams, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Upon consideration of the motion to vacate filed by the Solicitor Gen- eral on March 11, 1982, the judgments of the United States Court of Appeals for the Fourth Circuit and the United States Court of Appeals for the Ninth Circuit are vacated and the cases are remanded to the United States District Court for the District of Maryland and the United States District Court for the Central District of California, re- spectively, with directions to dismiss the causes as moot when the parties jointly so move.

Orders in Pending Cases

No. . Chicago Fire Fighters Union, Local No. 2 and Frank Muscare, Petitioners v. City of Chicago. The application to direct the

Clerk to file the petition for a writ of certiorari is denied.

No. A-582. William Richard Wortley, Applicant v. United States. MONDAY, MARCH 22, 1982 477

The application for bail pending appeal addressed to Justice Powell and referred to the Court is denied.

No. A-733. Egon Oppenheim and Auduro-Raynes Arabians, et al., Applicants v. Jaques Moreau, et al. The application for stay addressed to Justice Brennan and referred to the Court is denied.

No. A-764. California, Applicant v. Marcelino Ramos. The application for stay presented to Justice Rehnquist and by him referred to the Court is denied. No. D-244. In the Matter of Disbarment of George Ivler. Disbarment entered. No. D-245. In the Matter of Disbarment of Robert M. Pressman. Disbarment entered. No. D-246. In the Matter of Disbarment of Richard Stephen Kahn. Disbarment entered. No. D-247. In the Matter of Disbarment of Thomas M. Costello, Sr. Disbarment entered. No. D-251. In the Matter of Disbarment of Frederick B. Gold. Dis- barment entered. No. D-252. In the Matter of Disbarment of Earl A. Rawlins. Disbar- ment entered. No. D-253. In the Matter of Disbarment of C. Lee Caldwell. Disbar- ment entered.

No. D-257. In the Matter of Disbarment of Martin E. Gotkin. It is ordered that Martin E. Gotkin, 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-258. In the Matter of Disbarment of Stanley Roy Root. It is ordered that Stanley Roy Root, 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-259. In the Matter of Disbarment of Bernard J. Coven. It is ordered that Bernard J. Coven, 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-260. In the Matter of Disbarment of Richard M. Bussey. It is ordered that Richard M. Bussey, of Santa Rosa, California, be sus- 478 MONDAY, MARCH 22, 1982

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. 80-2205. Morgan M. Finley, Clerk of the Circuit Court of Cook County, Illinois, Petitioner v. Toni Murray. The motion of Chicago

Lawyers' Committee for Civil Rights Under Law for leave to file a brief as amicus curiae is granted.

No. 81-150. Northern Pipeline Construction Co., Appellant v. Mara- thon Pipe Line Company and United States; and

No. 81-546. United States, Appellant v. Marathon Pipe Line Co., et

al. The motion of Beneficial Corporation for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied. The motion of Commercial Law League of America to reconsider order denying motion for leave to participate in oral argument as amicus curiae denied.

No. 81-213. Richard S. Schweiker, Secretary of Health and Human

Services, Appellant v. George Hogan, et al. The motion of the Solicitor General to permit George W. Jones, Esquire to present oral argument pro hac vice is granted.

No. 81-280. General Building Contractors Association, Inc., Peti-

tioner v. Pennsylvania, et al.;

No. 81-330. United Engineers & Constructors, Inc., Petitioner v.

Pennsylvania, et al.; No. 81-331. Contractors Association of Eastern Pennsylvania and

United Contractors Association, Petitioners v. Pennsylvania, et al.;

No. 81-332. Glasgow, Inc., Petitioner v. Pennsylvania, et al.; and

No. 81-333. Bechtel Power Corporation, Petitioner v. Pennsylvania,

et al. The motion of Black Economic Survival for leave to file a brief as amicus curiae out of time is denied.

No. 81-334. Associated General Contractors of California, Inc., Peti- tioner v. California State Council of Carpenters and Carpenters 46

Northern Counties Conference Board, et al. The motion of Associated

General Contractors of America, Inc. for leave to file a brief as amicus curiae is granted.

No. 81-389. Union Labor Life Insurance Company, Petitioner v. A. Alexander Pireno; and

No. 81-390. New York State Chiropractic Association, Petitioner v. A. Alexander Pireno. The motion of the Solicitor General for leave to MONDAY, MARCH 22, 1982 479 participate in oral argument as amicus curiae and for divided argument is granted. The motion of Arizona, et al. for leave to participate in oral argument as amici curiae and for divided argument is denied. The motion of petitioner in No. 81-390 to reconsider order denying divided argument is denied.

No. 81-406. Mississippi University for Women, et al., Petitioners v. Joe Hogan. The motion of petitioners for leave to file reply brief out of time is granted.

No. 81-750. Fidelity Federal Savings and Loan Association, et al., Appellants v. Reginald D. de la Cuesta, 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. Justice Powell took no part in the consideration or decision of this motion.

No. 81-825. The Pillsbury Company, et al. , Petitioners v. John Con- boy. The motion of Mead Corporation for leave to file a brief as amicus curiae is granted. Justice O'Connor took no part in the consideration or decision of this motion.

No. 81-1374. Barbara Blum, individually and iri her capacity as Com- missioner of New York State Department of Social Services, Petitioner v. Ellen Stenson, etc. The motion of respondent Ellen Stenson for leave to proceed in forma pauperis is granted.

No. 81-1636. Florida, Applicant v. Frank J. Brady, et al. The application for stay addressed to Justice Rehnquist and referred to the Court is denied.

No. 81-1641. Republican National Committee, et al., Appellants v.

Phillip Burton, et al. The motion of appellants to expedite consideration of the appeal is denied. The application to stay enforcement of the judgment of the Supreme Court of California addressed to Justice White and referred to the Court is denied.

No. 81-1729. Natural Resources Defense Council, Inc., et al, Appli- cants v. City of New York, et al. The application for an injunction presented to Justice Marshall and by him referred to the Court is denied. The order heretofore entered by Justice Marshall on March 4, 1982 is vacated.

No. 81-5152. Omar Taylor, Petitioner v. Alabama. The motion of petitioner for leave to file reply brief out of time is granted.

No. 81-5321. Earl Enmund, Petitioner v. Florida. The motion of Washington Legal Foundation for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied. 480 MONDAY, MARCH 22, 1982 Certiorari Granted

No. 81-1044. United States Postal Service Board of Governors, Peti- tioner v. Louis H. Aikens. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 81-1114. Illinois, Petitioner v. Abbott & Associates, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.. No. 81-1180. G. R. Dickerson, Director, Bureau of Alcohol, Tobacco and Firearms, Petitioner v. New Banner Institute, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

No. 81-1062. United States, Petitioner v. Eight Thousand Eight Hundred and Fifty Dollars ($8,850) in United States Currency. The motion of respondent Mary Josephine Vasquez 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. 81-1404. Carlisle W. Briscoe, Chris P. Vickers, Sr., and James N. Ballard, Petitioners v. Martin Lahue and James W. Hunley, etc. The motion of petitioners Chris P. Vickers, Sr. and James N. Ballard 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 granted.

Certiorari Denied

No. 80-2092. SCM Corporation, Petitioner v. Xerox Corporation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-363. James H. Karr, Petitioner v. Joanne D. Karr. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 81-672. James A. Irwin, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-834. Eugene Francis Clarke, et al, Petitioners v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 81-917. Virginia M. St. Peter, Petitioner v. John O. Marsh, Jr., Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. MONDAY, MARCH 22, 1982 481

No. 81-950. Jamieson-McKames Pharmaceuticals, Inc., et al., Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 81-955. Potomac Electric Power Company, Petitioner v. Envi- ronmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1090. Janet Reno, State Attorney, et al., Petitioners v. Mi- chael Abrams and Sergio Bendixen, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1103. Thermofil Incorporated, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1106. Joint Apprenticeship Committee Local No. 130, U.A.,

Petitioner v. Josef Eggleston, et al.; No. 81-1208. Plumbing Contractors Association of Chicago and Cook

County, Petitioner v. Edell Plummer, et al.; and

No. 81-1209. Chicago Journeymen Plumbers' Local Union No. 130,

U.A., Petitioner v. Edell Plummer, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1110. Richard D. Salpeter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1116. The O. Hommel Company, Petitioner v. Ferro Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 81-1142. William Stuckey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1168. James J. Jentgen, Trustee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1170. John R. Bernotas, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied.

No. 81-1175. International Medication Systems, Ltd., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1186. Sue Greer, Petitioner v. City of Seguin, Texas, et al. 482 MONDAY. MARCH 22. 19S2

Petition for writ of certiorari to the Court of Civil Appeals of Texas, Eleventh Supreme Judicial District, denied.

No. 81-1207. Deltona Corporation. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Claims denied.

No. 81-1223. Cargo Gasoline Company, et al., Petitioners v. United

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

No. 81-1262. McDonnell Douglas Corporation, 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.

No. 81-1272. Jack Salkin. etc., et al.. Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1316. Anabel J. McCutcheon. Petitioner v. Chicago Board of

Education, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1323. Murphy Tugboat Company. Petitioner v. Shipowners &

Merchants Towboat Co.. Ltd. et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1330. Ohio State Board of Education, et al.. Petitioners v.

Robert Anthony Reed. III. et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1331. County of San Diego, Petitioner v. Alan C. Nelson,

Commissioner, Immigration and Naturalization Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1336. Clayton R. Page, III. Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1340. F. D. Rich Housing of the Virgin Islands. Inc., et al. Petitioners v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1343. Jean Rosenbaum. Petitioner v. Kurt Rosenbaum. Peti- tion for writ of certiorari to the Appellate Court of Illinois, First Dis- trict, denied.

No. 81-1344. Rose Shuffman. as Executrix of the Estate of Oscar Shuffman, Deceased, Petitioner v. Hartford Textile Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY. MARCH 22, 1982 483

No. 81-1345. Harry Simons, Petitioner v. South-Western Publishing Co. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1347. Alexander Chiazor, et al., Petitioners v. Transworld Drilling Company, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1348. Falls Stamping & Welding Company, Petitioner v. The International Union, United Automobile, Aircraft & Agricultural Im- plement Workers of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1352. Romano's Netcong, Inc., et al., Petitioners v. Joseph H. Lerner, Director of the Division of Alcoholic Beverage Control, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

No. 81-1354. Irene D. Mueller, Petitioner v. Superior Court of Cali- fornia, County of Orange (California, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 81-1358. Fleer Corporation, Petitioner v. Topps Chewing Gum,

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

No. 81-1367. Helen Bailey Frierson, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-1369. Rebecca P. Schwanecke, etc., et al., Petitioners v. Har- ris County Hospital District. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Tenth Supreme Judicial District, denied.

No. 81-1375. Kerr-McGee Refining Corporation, Petitioner v. Leon Thompson. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1377. Dresser Industries, Inc., Petitioner v. Alaska Depart- ment of Labor. Petition for writ of certiorari to the Supreme Court of Alaska denied.

No. 81-1383. Haskon, Inc. and Hercules, Incorporated, Petitioners v. LeSueur Creamery, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 81-1384. Pennsylvania Department of Labor and Industry, Bu- reau of Vocational Rehabilitation, et al., Petitioners v. Anna Sullivan. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-1386. Pacific First Federal Savings and Loan Association, Pe- 484 MONDAY, MARCH 22, 1982 titioner v. Charles B. Guinasso, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1390. Stuart Miskow, Individually and as Executor of the Es- tate of Peter J. Miskow, etc., 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. 81-1407. Benham-Blair & Affiliates, Inc., dba W. R. Holway & Associates, Petitioner v. City of Broken Arrow, Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1410. Amos J. Rehberger, Petitioner v. Gary Darnell, etc. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. No. 81-1415. Robert Butterworth, Sheriff of Broward County, Flor- ida, Petitioner v. Seminole Tribe of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1418. Quality Auto Body, Inc., Petitioner v. Allstate Insur- ance Company and State Farm Automobile Insurance Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1419. Eunice C. Madison, Petitioner v. Marion S. Barry, Jr., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1420. Elizabeth R. Still, et al., Petitioners v. Personnel Board of Jefferson County, et al. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 81-1422. Smoke-Craft, Inc., Petitioner v. United Steel Workers of America, AFL-CIO-CLC. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1423. May V. Wilson, Petitioner v. Robert G. Renner, United States District Judge for the District of Minnesota (Mutual of Omaha Insurance Company, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1431. Joint Council of Teamsters No. 42, etc., et al., Petition- ers v. Associated General Contractors of California, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, MARCH 22. 1982 485

No. 81-1436. Ann B. Painter, etc., Petitioner v. Edward Nekolny and Maria L. Dahms. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 81-1442. Phil Darnell Lewis and 0. C. Neal, Petitioners v. Cali- fornia. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Second Appellate District, denied.

No. 81-1461. Oscar E. Contreras, et al., Petitioners v. City of Los

Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1462. Great American Federal Savings and Loan Association, et al., Petitioners v. John F. Nalore, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1473. Albert R. Klinski, Petitioner v. Four Winds Travel, Inc. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1482. Francis B. Kendall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1499. Colorado Spanish Peaks Ranch, Inc., Petitioner v. Travelers Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1509. Elzie T. Hinds and M. L. Hinds, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 81-1510. Athens Carl McLaughlin, Jr. and Gregory Thomas Met- oyer, Petitioners v. United States;

No. 81-6198. Samuel Patrick Touchard, Petitioner v. United States: and

No. 81-6199. Eric Touchard, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1518. John M. Haydel, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1530. Larry J. Woodard, Petitioner v. John 0. Marsh, Jr., Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1542. Stanley C. Mazaleski, etc., Petitioner v. Richard S. Schweiker, Secretary, Department of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. 486 MONDAY, MARCH 22, 1982

No. 81-1567. Terrence Glen Fagrey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5017. Marvin L. Edwards, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-5614. Carl Edward West, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5682. Glenn S. Passman, Petitioner v. Frank Blackburn, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5756. Frederick Wayne Fasick, Petitioner v. Gary Hilton,

Warden, Trenton State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-5759. Johnny Lee Sanders, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-5795. Dennis Lee Cartwright, Petitioner v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5822. Bryan Keith Kendzia, Petitioner v. Louie L. Wain- wright, Secretary, Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-5887. Larry Fulton, Petitioner v. Gayle Franzen, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5960. William E. Hutchings VonLudwitz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-5961. William E. Hutchings VonLudwitz, Petitioner v. G. P.

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

No. 81-5968. Sheldon S. Moss, Petitioner v. Securities & Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5986. Jesse Wilson, Jr. and Felton Cicero Abernathy, Jr., Pe- MONDAY, MARCH 22, 1982 487 titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5988. Julan Thomas Nettles Bey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-6028. Hugh Spinney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-6044. Curtis Howe Springer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6052. Charles Robert Johnston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6070. Mary Vinson LeBright, Petitioner v. Almeric L. Chris- tian, United States District Judge, District of the Virgin Islands, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6074. Hakim Abu-Bakr, Petitioner v. Harry Steve Koon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6075. Elbert Phillip Long, Petitioner v. Steven Smith, Super- intendent, Kentucky State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6077. Othella McDonald, Petitioner v. Georgia Kraft Com- pany. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

No. 81-6083. Stanley M. Juras, Petitioner v. Aman Collection Serv- ice, Inc. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 81-6087. Esteban Minaya, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-6088. Charles L. Clark, 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. 81-6095. George Lee Mathis, Petitioner v. Charles M. Montgom- ery, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. 488 MONDAY. MARCH 22. 1982

No. 81-6100. Clifford Lee Skinner, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Connections. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6102. George Henry Thome, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 81-6103. Frank Louis Kincaid, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-6105. Kenneth L. Celestine, Petitioner v. Municipal Correc- tion Institution. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6107. John Rancy Huff, Petitioner v. Donald E. Borden- kircher, Superintendent, Kentucky State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6108. A. J. Simpson, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

No. 81-6111. Anthony J. Veneri, Jr., Petitioner v. Circuit Court of

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

No. 81-6114. James Barber, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 81-6118. Frank G. Nordstrom, Petitioner v. Walt Disney Pro- ductions, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6119. Joel Jaffer, Petitioner v. Nuclear Regulatory Commis- sion, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-6120. Jack Behlin, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 81-6122. Jodie Vernon Austin, Petitioner v. Joe E. Osborne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6124. Melvin Leroy Tyler, Petitioner v. Claude Woodson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6127. Edward Johnson, Petitioner v. Frank Blackburn, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. MONDAY, MARCH 22, 1982 489

No. 81-6132. Steven Douglas Hamilton, Petitioner v. Richard Mays, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-6133. Albert J. Sullivan, Petitioner v. Michael P. Lane, Act- ing Warden, et al.; Albert J. Sullivan, Petitioner v. Michael P. Lane, Acting Warden, et al.; Albert J. Sullivan, Petitioner v. Laura Land- houise, et al.; Albert J. Sullivan, Petitioner v. Burgess, etc., et al.; and

Albert J. Sullivan, Petitioner v. James R. Thompson, Governor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6134. Dexter L. Hampton, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6136. Frank Grim, et al., Petitioners v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Champaign County, denied.

No. 81-6137. Andrew Bearden, Petitioner v. Frank White, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6138. Roger Aldworth Beach, Petitioner v. Elena Lebel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6139. Herman Lee Bray, 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. 81-6146. Bobby Joe Cooks, Petitioner v. James C. Spalding, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6147. Gordon Francis Hall, Petitioner v. Ida Louise Thomas. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-6148. Alton Carol Franks, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6150. Ronald Fillyaw, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

No. 81-6153. Clyde Ellison, Jr., Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied.

No. 81-6159. Ernesto R. Montana, Jr., Petitioner v. Commissioners

Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 490 MONDAY, MARCH 22. 1982

No. 81-6160. James Holifield, Petitioner v. J. 0. Davis, Warden, et ah Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6162. In Re J. B. Stell Gaines, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6168. James M. Crater, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 81-6173. James White, Petitioner v. Carl Thomas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6184. Leon H. Brody, Petitioner v. President & Fellows of Harvard College. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6206. Chandra Werner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6208. Stephen J. Stoute, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6212. Edison Joe Begay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6217. Valorus Mattheis, Petitioner v. Charles Anderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6219. Adan Espinosa-Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6223. Larry Steven Hall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6228. David Hampton Butler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6233. Ralph Gholston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6234. Ronald Wayne Talbert, Petitioner v. United States. Pe- MONDAY, MARCH 22, 1982 491 tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81-6240. Jeanne Lynn Kitchens, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6251. Roberta Taras Melnick, Petitioner v. City of Pueblo, Colorado. Petition for writ of certiorari to the District Court, County of Pueblo, Colorado denied.

No. 81-6257. Gilbert Galvan, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6259. William Earl Hawk, Petitioner v. Richard S. Schwei- ker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6273. Steven Van Howard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-855. Charles Anderson, Warden, Petitioner v. Cornell Fuller. 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. Opinion of Justice Stevens respecting the denial. Dissenting opinion by the Chief Justice with whom Justice O'Connor joins.

No. 81-871. American Petroleum Institute, et al., Petitioners v. Anne M. Gorsuch, Administrator, Environmental Protection Agency, et al.; and

No. 81-1019. City of Houston, Texas, Petitioner v. Anne M. Gorsuch,

Administrator, Environmental Protection Agency, et al. Petitions for writsof certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Justice White, Justice Powell and Justice O'Connor took no part in the consideration or decision of these petitions.

No. 81-959. Audrey Davis Saxton, etc., Petitioner v. Fredrick H. Dennis. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

No. 81-1152. Standard Oil Company of California, Petitioner v. George Wiltshire, etc. The motion of respondent for leave to proceed in 492 MONDAY, MARCH 22, 1982 forma pauperis is granted. 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 motion and this petition.

No. 81-1341. Del Rio Land, Inc., et al., Petitioners v. City of Phoe- nix, et al. Petition for writ of certiorari to the Court of Appeals of Ari- zona, Division One, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-1371. Hoopa Valley Tribe of Indians, Petitioner v. Jessie Short, et al.; and

No. 81-1373. United States, Petitioner v. Jessie Short, et al. The motion of Quinault Indian Nation for leave to file a brief as amicus curiae in No. 81-1371 is granted. The motion of National Congress of Ameri-

can Indians, et al. for leave to file a brief as amici curiae is granted. The petitions for writs of certiorari to the United States Court of Claims denied.

No. 81-1406. Alan I. Greene, Petitioner v. Grievance Committee for the Ninth Judicial District. Petition for writ of certiorari to the Court of Appeals of New York denied. Justice Brennan, Justice White, Justice Blackmun and Justice Powell would grant the petition, vacate the judgment and remand the case to the Court of Appeals of New York for fur-

ther consideration in light of In the Matter of R M.J , 455 U.S. (1982).

No. 81-1421. Alan H. Sedelbauer, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Justice Bren- nan and Justice Marshall would grant the petition for certiorari and reverse the conviction.

No. 81-5908. William Thomas Zeigler, Jr., Petitioner v. Florida. Pe- tition for writ of certiorari to the Supreme Court of Florida denied. Dis- senting opinion by Justice Brennan. Dissenting opinion by Justice Marshall.

No. 81-6082. Judson Ruffin, Petitioner v. Sam Austin, Warden, Georgia State Prison. Petition for writ of certiorari to the Superior Court of Georgia, Tatnall County, denied. Dissenting statement by Jus- tice Brennan and Justice Marshall.

No. 81-6131. Wilbert Lee Evans, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6143. John William Rook, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, MARCH 22. 1982 493

No. 81-6151. James Cunningham, 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.

Common Law Certiorari Denied

No. 81-1500. In Re Janice Ching Yee, Petitioner. The petition for writ of certiorari and for all other relief is denied.

Rehearings Denied

No. 80-6843. Jose Martinez High, Petitioner v. Georgia; No. 81-23. Terrell Don Hutto, Director, Virginia State Department of Corrections, et al., Petitioners v. Roger Trenton Davis;

No. 81-1013. Clifford Johnson, Petitioner v. Superior Court of Cali- fornia, City and County of San Francisco (Bank of America, N.T. & S.A., et al., Real Parties in Interest);

No. 81-1078. Bernard A. Geller, Appellant v. Merit Systems Protec- tion Board, et al.;

No. 81-5566. Daniel R. Denardo, Appellant v. Patrick Murphy, etc.;

No. 81-5801. Robert Lewis Wallace, Petitioner v. Georgia;

No. 81-5831. Ellwood L. Leuschner, Sr., Petitioner v. Maryland; and

No. 81-5841. Noor A. Sabir, Petitioner v. Rainier National Bank. Pe- titions for rehearing denied.

No. 81-5621. Carl A. Johnson, Appellant v. Aetna Casualty & Surety Company of Hartford, Connecticut, et al. Petition for rehearing denied. Justice O'Connor took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Jose Raul Alio San Juan, PR Jose E. Gonzalez Borgos R. Mark Armbrust Philadelphia, PA Robert J. Spiegel David Templeton Armitage Augusta, GA James David Bauer Sylvan B. Aronson Santa Ana, CA Keith C. Monroe Mario Arroyo-Davila San Juan, PR Luis E. Dubon Jr. Ronald K. Badger Wichita, KS Richard T. Foster Edmont T. Barrett Costa Mesa, CA Richard Loewe 494 MONDAY. MARCH 22. 1982

Applicant City and State Movant

Stewart J. Bellus West Palm Beach, Joy B. Shearer FL Bruce Bendiksen Fairhaven, MA George M. Thomas Howard Charles Berman Palm Beach, FL Bruce S. Rogow Anthony J. Bertolino Gloucester, MA Marc N. Sandler Thomas J. Biamonte New York, NY Jerry Slater Randy E. Blue Mount Vernon, IL Theodore Alexander Gottfried Stephen D. Bolerjack Detroit, MI James John Maiwurm John A. Bolles New Orleans, LA Benjamin Walmsley Yancey Clell C. Boyer Jr. Kalamazoo, MI John E. Gillick Bonnie Susan Brier Philadelphia, PA Joseph S. Lord III Donald H. Brockway Jr. Birmingham, AL Douglas P. Corretti Thomas A. Bueschel Rockford, IL Thomas Andrew Killoren David J. Burman Seattle, WA Michael W. Hoge John F. Buskirk Los Angeles, CA Ronald Gene Cline Ben B. Buten Bay Harbor Theodore R. Island, FL Nelson Susan Elizabeth Cary Gainesville, FL Herbert Tobias Simon Don Tate Gates Dallas, TX Khent Hancock Rowton George Catlett New York, NY John J. Scnlon James R. Clifton Bessemer, AL James B. Kierce Jr. John Michael Coleman Philadelphia, PA Robert M. Landis Richard Alan Collender Santa Ana, CA Stephan Zachary Cutler Wilbur 0. Colom Columbus, MS George Colvin Cochran Dale F. Concle Rockford, IL Thomas Andrew Killoren MONDAY. MARCH 22. 1982 495

Applicant City and State Movant

Thomas W. Condit Roseville, CA W. Jackson Willoughby III John J. Conte Worcester, MA Daniel F. Toomey Howard W. Conyers Seminole, OK Fred A. Gipson Thomas Joseph Cruse Santa Fe, NM William Phelps Templeman Edward J. Dailey Boston, MA Dennis John LaCroix Mitchell Space Daniels Blowing Rock, NC Anthony S. diSanti Michael P. Darrow Annapolis, MD Robert W. Warfield Charles Larry Davis San Diego, CA Guenter S. Cohn Juan A. DelReal Washington, DC Dumond Peck Hill Janet Ruth DeLaura Rockledge, FL Jon Eric Johnson Michael W. Duffee Chicago, IL Allan Elliot Lapidus John Kirby Dunn Providence, RI William Andrew Regan David Marc Eisen Houston, TX Thomas 0. Stansbury James Bruce Eisenberg New York, NY Anthony F. Phillips Hal A. Emalfarb Highland Park, IL Roger C. Goble Joseph P. Farina Miami, FL Herbert Tobias Simon David M. Flannery Charleston, WV Robert E. Magnuson Jere Baxter Fletcher White Plains, NY Kenneth Horace Lange Nancy H. Flick San Diego, CA Carmine J. Bua Richard Paul Foelber Washington, DC James R. Phelps Sally A. Frick Pittsburgh, PA G. William Bills Jr. Mark Friedlander New York, NY Herbert Rubin John H. Garvey Washington, DC Solicitor General Rex E. Lee Terence Fitzpatrick New York, NY Peter Megargee Gilheany Brown 496 MONDAY. MARCH 22. 1982

Applicant City and State Movant

Frederick Henry Fairfax, VA Marc A. Busman Goldbecker Alan Douglas Greene Miami, FL Howard S. Susskind John J. Greene Houston, TX Edward J. Landry Elliott S. Greenspan New York, NY Moses Weintraub Ray Wilson Harvey Jr. Tullahoma, TN John Childress Tune Michael M. Hatchwell Los Angeles, CA Philip S. Kaufman Steven E. Heath Rancocas, NJ Jan M. Schlesinger Stephen D. Heninger Birmingham, AL Francis H. Hare Jr. B. Michael Herman Roanoke, VA Ronald M. Ayers Michael A. Hess Shenandoah Roger Allan Junction, WV Moore Byron H. Higgins East Lansing, MI Leland W. Can* Jr. James C. Holcomb Jr. Washington, DC Norton J. Come Gordon A. Holloway Houston, TX Ben G. Sewell James Paton Hunter Everett, WA Douglas Lewis Bell Ernst H. Irmiger Lexington, MA Joseph G. Gradley William Orville Isenhour Jr. Mission, KS Benjamin E. Franklin Charles Clark Jackson Chicago, IL Michael A. Warner James Theodore Jeffus Houston, TX James Leo O'Loughlin Charles Daniel Johnson Houston, TX Francis L. Williams Donald Whitney Johnson Santa Fe, NM Judge Mack Easley Constantine A. Karnavas Philadelphia, PA Stanley L. Temko Lawrence Ian Kazan Phoenix, AZ Larry L. Debus Allan R. Keyes Rutland, VT Robinson E. Keyes Roger William Kienzle Jr. Wooster, OH Jerry Steven Packard MONDAY. MARCH 22. 1982 497

Applicant City and State Movant

v>r-vO f TT o 1 1 o 1\/TT Raymond F. Koby Jr. ureat r ails, ivi 1 Orville Gray Thomas J. Korge Washington, DC John Prentiss iviainis wasnmgion,lA/ no niv»rt4AM u\jIII iviarxr\/l O -V»"V .LevaT AXTO Phillip L. Kunkel Hastings, MJN Richard Joseph Lrramnng William Michael Lange Colorado bpnngs, Henry Edwards crown Gregory Paul LaPointe wood bridge, ui Susan Davis LaPointe Clinton W. Lee bud bury, MA Alphonse J. Briand Sr.

Howard H. Lee wesion, iviii r aiin r . uriscoii

Tony Lehtonen odii ridiiLibcu, \jt\. ijaul cilCc VV . Rideout Jr. Michael McKenna Levy Washington, DC Robert Goodloe riarperL_J o V»V"V /~\ v»

John E. Lewis MpAllpn TY J UI1I1 r cliy a Ullcb jr. Holloa Brian Monis Lidji uanas, TYiA irving ij. vjrOiUUci g Warren B. Little ijonaon, ivi Larry menn Bryson

John William Lundquist iviinneapoiis, iviin Peter Jeffrey Thompson

John Cyril Maloney Jr. I onKers, in i Briscoe R. Smith Gary Jordan Marini rlttSDUrgn, rA Hanford O'Hara Jack Mattingly oemmoie, uiv Fred A. Gipson T o Ira Tonb-OAM TY Robert Edward May l^aKe j acKson, ia Larry j . Schwertner George E. McCarthy Jr. rLi rammgnam,voTY^miTnnTVt f\/l /A ivncnaei Christopher Donahue Jr. Montgomery, AL William Douglas Arant Veronica Ellen Meade Washington, DC Judge Samuel Brian Groner Stephen Frank Mendel San Francisco, CA Robert Edward White 498 MONDAY, MARCH 22. 1982

Applicant City and State Movant

Robert Armond Merrick Jr. Chicago, IL Robert Montell Stephenson Richard A. Meserve Washington, DC E. Edward Bruce Charles P. Milford Jr. Jacksonville, FL Joseph Shepard Bryan Jr. Thomas S. Moore Chicago, IL Robert E. Davy Dale Stuart Morrison Charlotte, NC Robert Lord Morrison Jr. James Terrence Murray Sandusky, OH Patrick Murray Bernard A. Nathan Commack, NY Albert N. Podell George Edward Nelson Oklahoma City, Collier Hodge OK Pate

John Charles Nelson Newport Beach, Martin I. CA Schneyer Marshall J Nelson Seattle, WA Edward Barth Cohen Ben E. Nordman Oxnard, CA William Harley Hair Elizabeth McLain Olmsted New York, NY Marvin Schwartz Normando Roberto Pacheco Denver, CO Douglass B. Auer Mary A. Parker Nashville, TN Walter C. Kurtz Richard Atwood Patterson Valencia, CA Trudy Robinson- Spurlin Robert B. Payne Dallas, TX Lee D. Vendig Raymond J. Peery Atlanta, GA Vernol Robert Jansen Jr. Ronald Dahlin Peterson Jacksonville, FL Joseph Shepard Bryan Jr. Robert Paul Plummer Benton, AR Ted G. Boswell Charles Daniel Pulman Dallas, TX Ronald M. Mankoff Allan Barry Rabineau Baltimore, MD Robert K. Parker T> , n* „ "vthp Jack S. Ramirez Billings, MT Thomas N. Kelley Richard Ravitch New York, NY Daniel T. Scannell Marilyn Sternlicht Reader Larchmont, NY Judge Marie Garofalo Santagata Ken Reeves Harrison, AR Dale Bumpers MONDAY. MARCH 22. 1982 499

Applicant City and State Movant

Wayne Evon Reeves Dallas, TX John Andrew Martin James D. Riddet Santa Ana, CA Keith C. Monroe Alan E. Robbins Van Nuys, CA Paul Ira Metzler Harris Clay Roberts III Miami, FL James A. Dixon Jr. E. Glenn Robinson Charleston, WV Robert E. Magnuson David H. Rome Longmeadow, MA William F. Malloy Carlos A. Romero Jr. San Juan, PR Francis D. Morrissey Larry Rothman Westminster, CA Harvey Ginns Steven Mark Rutstein West Hartford, Robert Mark CT Langer George S. Sakellares Danbury, CT Louis A. DeFabritis Pedro J. Salicrup San Juan, PR Juan Carlos Peres Charles A. Scarminach Hilton Head Herbert Lawrence Island, SC Novit William Michael Schneikart St. Petersburg, G. Robert Schultz FL James Harold Seagle Wilmington, NC George Rountree III John F. Sebastian Jr. Drexel Hill, PA Richard Royal Wier Jr. Stephen Farris Shanbour Oklahoma City, Jan Eric OK Cartwright Martha Jane Shay Washington, DC David Ginsburg William K. Shearer San Diego, CA William C. Wunsch Judith Schwartz Sherwin Chicago, IL Solomon Gutstein Carol A. Smith Olympia, WA Edward B. Mackie Michael Adam Smith Clearwater, FL Joseph R. Park J. J. Solon Chicago, IL Charles W. Tessmer Harold J. Spelman West Chicago, IL David Patton List Randolph W. Stan- Loveland, CO Walker D. Miller Alan J. Statman Washington, DC Paul Buck Hewitt 500 MONDAY. MARCH 22. 1982

Applicant City and State Movant

Richard Lane Steagall Peoria, IL James H. Wilton William R. Stein Washington, DC Philip Allen Lacovara Michael Sterlace Buffalo, NY Walter G. Sorokoty Stephen Stern Chicago, IL Aldus S. Mitchell Charles Oliver Strahley New York, NY Miles W. Hirson David Louis Streeter Littleton, CO John E. Move Darel F. Swenson Wayzata, MN Jack Sogge Nordby Robert William Tennant Newton, MA Monte G. Basbas Sanford Victor Teplitzky Baltimore, MD Kieron F. Quinn Dean William Toone Jr. Seattle, WA Carroll Dean Little David Lee Turner Boston. MA C. Peter Gossels Joseph C. Visalli Wildwood, NJ Joseph James Rodgers Rodney Jay Waldbaum Seattle, WA Carroll Dean Little Peter Strand Wattson St. Paul. MN Warren Spannaus Claude Esley White Montvale, NJ Gary Edward Tarino William Rutherford Wicks Miami, FL James A. Dixon III Jr. r Addison Joe Graves Wilson W est Columbia. J. Strom SC Thurmond Thomas C. Woods Miami, FL Jos. W. Womack

ThomasX ^iulllUk. M-.'X* Youn^rX vyL4Xl& \'p\v Orleans LA James Rvan I Raymond Charles Pomona, CA Roger Sandberg Youngquist Hanson

Oral Argument

No. 81-328. Jesus Rivera Rodriguez, et al.. Appellants v. Popular

Democratic Party, et al. Argued by Mr. Philip Lacovara for the appellants and by Mr. Abe Fortas for the appellees.

No. 81-406. Mississippi University for Women, et al.. Petitioners v. Joe Hogan. Argued by Mr. Hunter M. Gholson for the petitioners and by Mr. Wilbur 0. Colom for the respondent. MONDAY, MARCH 22, 1982 501

No. 81-9. Washington, et al., Appellants v. Seattle School District

No. 1, et al. Argued by Mr. Kenneth 0. Eikenberry for the appellants and by Mr. Michael W. Hoge for the appellees.

No. 81-38. Mary Ellen Crawford, a minor, etc., et al., Petitioners v.

Board of Education of the City of Los Angeles, et al. One hour and ten minutes allowed for oral argument. Argued by Mr. Laurence H. Tribe for the petitioners, by Mr. G. William Shea for the respondents, and by Mr. Solicitor General Rex E. Lee for the United States as amicus curiae by special leave of Court.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY, MARCH 23, 1982 503 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. 81-1724. Chester Upham, Jr., et al, Appellants v. A. M. Sea- mon, et al. The motion of appellants to expedite is granted insofar as the appellees are directed to file motions to dismiss or affirm on or before Monday, March 29, 1982.

Admissions to the Bar on Oral Motion

Applicant City and State Movant

Clifford Allan Webster Wenatchee, WA Slade Groton James Harrison Davenport Olympia, WA Slacle Gorton Robert L. Byer Pittsburgh, PA Cloyd Rowe Mellott Robert W. Doty Pittsburgh, PA Cloyd Rowe Mellott Edward Robert Fink Fort Lauderdale, Penrose Lucas FL Albright Thomas P. Lawton III Pittsburgh, PA Edmund K. Trent

Opinions

No. 80-6680. Charles Ronald McElroy, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice O'Connor. Dis- senting opinion by Justice Stevens.

No. 80-518. U.S. Industries/Federal Sheet Metal, Inc., et al., Peti- tioners v. Director, Office of Workers' Compensation Programs, United

States Department of Labor, 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 Jus- tice Stevens. Dissenting opinion by Justice Brennan with whom Justice Marshall joins. Justice O'Connor took no part in the consideration or decision of this case. 504 TUESDAY. MARCH 23. 1982

No. 80-1240. Michael P. Lane, Director, Illinois Department of Cor- rections, Petitioner v. Lawrence Williams and Oscar Southall. On writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice Stevens. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Blackmun join.

No. 80-1690. American Medical Association, et al., Petitioners v. Federal Trade Commission. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed by an equally divided Court. Opinion per curiam, announced by the Chief Justice. Justice Blackmun took no part in the consideration or decision of this case.

Oral Argument

No. 80-1002. Board of Education of the Hendrick Hudson Central School District, Westchester County, et al.. Petitioners v. Amy Row- ley, by her Parents and Natural Guardians, Clifford and Nancy Row- ley, etc. Argued by Mr. Raymond G. Kuntz for the petitioners, by Mr. Michael A. Chatoff for the respondent and by Mr. Elliott Schulder for the United States as amicus curiae by special leave of Court.

No. 81-440. Insurance Corporation of Ireland, Ltd.. et al.. Petition- ers v. Compagnie Des Bauxites de Guinee. Argued by Mr. Edmund K. Trent for the petitioners and by Mr. Cloyd R. Mellott for the respondent.

No. 81-5152. Omar Taylor, Petitioner v. Alabama. Argued by Mr. Robert M. Beno for the petitioner and by Mr. Thomas R. Allison for the respondent.

No. 81-5321. Earl Enmund, Petitioner v. Florida. Argued by Mr. James S. Liebman for the petitioner, pro hac vice, by special leave of Court, and by Mr. Lawrence A. Kaden for the respondent, pro hac vice, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. (JOURNAL) WEDNESDAY, MARCH 24, 1982 505 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

Marylin Tucker Quayle Huntington, IN Robert W. Packwood James Craig Tucker Paoli, IN Robert W. Packwood Robert J. DeLasho New York, NY S. James DeLasho Raymond E. Plummer Jr. Anchorage, AK George Miron

Opinions

No. 80-702. United States, Petitioner v. New Mexico, et al. On writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit. Judgment affirmed. Opinion by Justice Blackmun.

No. 80-5889. John Santosky, II and Annie Santosky, Petitioners v. Bernhardt S. Kramer, Commissioner, Ulster County Department of

Social Services, et al. On writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department. Judgment vacated and case remanded to the Appellate Division for further proceedings not inconsistent with the opinion of this Court. Opinion by Jus- tice Blackmun. Dissenting opinion by Justice Rehnquist with whom Chief Justice Burger, Justice White and Justice O'Connor join. No. 80-1496. Underwriters National Assurance Company, Petitioner v. North Carolina Life and Accident and Health Insurance Guaranty Association, et al. On writ of certiorari to the Court of Appeals of North Carolina. Judgment reversed and case remanded to the Court of Ap- peals for further proceeding not inconsistent with the opinion of this Court. Opinion by Justice Marshall. Opinion by Justice White concurring in the judgment with whom Justice Powell and Justice Stevens join.

No. 80-1925. United Transportation Union, Petitioner v. Long Is- land Railroad Company, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceeding in conformity with the opinion of this Court. Opinion by Chief Justice Burger. 506 WEDNESDAY, MARCH 24, 1982 Oral Argument No. 80-1952. Barbara Blum, Commissioner of the New York State Department of Social Services, et al., Petitioners v. William Yaretsky, et al. Argued by Mrs. Judith A. Gordon for the petitioners and by Mr. John E. Kirklin for the respondents.

No. 81-213. Richard S. Schweiker, Secretary of Health and Human Services, Appellant v. George Hogan, et al. Argued by Mr. George W. Jones for the appellant, pro hac vice, by special leave of Court, and by Mr. William H. Simon for the appellees.

No. 81-225. Blue Shield of Virginia, et al., Petitioners v. Carol McCready. Argued by Mr. Griffin B. Bell for the petitioners and by Mr. Warwick R. Furr, II for the respondent.

No. 80-1714. Joseph S. Hopper, Commissioner, Alabama Depart- ment of Corrections and James D. White, Warden, Petitioners v. John Louis Evans, III. Argued by Mr. Edward E. Carnes for the petitioners and by Mr. John L. Carroll for the respondent.

Adjourned until Monday, March 29, 1982 at 10 o'clock. x (JOURNAL) MONDAY, MARCH 29, 1982 507 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. 81-1000. California State Board of Equalization, Appellant v. United States. Appeal from the United States Court of Appeals for the Ninth Circuit. The judgment is affirmed.

No. 81-1505. Camellia Corporation, Appellant v. Deborah Cornell. 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.

Orders in Pending Cases

No. A-755. Bobby E. Yates, Applicant v. United States Coast Guard and United States. The application for an injunction addressed to Jus- tice O'Connor and referred to the Court is denied.

No. A-783. Alan J. Karcher, Speaker, New Jersey Assembly, et al., Applicants v. George T. Daggett, et al. The motions of appellees to vacate the stay entered by Justice Brennan on March 15, 1982, and the requests to expedite docketing of the appeal are denied.

No. A-786. Louis Terrazas, et al, Applicants v. William P.

Clements, Governor of Texas, et al. The application for stay of the order of the United States District Court for the Northern District of Texas presented to Justice White and by him referred to the Court is denied. Justice Powell took no part in the consideration or decision of this application.

No. A-791. Donnie Jay Carpenter, Applicant v. Ross Jamerson, Sheriff. The application to continue the stay entered by the Supreme Court of Ohio addressed to Justice Brennan and referred to the Court is denied. No. A-826. Queensgate Investment Company, dba Holiday Inn, Ap- plicant v. Liquor Control Commission of Ohio. The application for stay presented to Justice O'Connor and by her referred to the Court is denied. 508 MONDAY, MARCH 29, 1982

No. D-248. In the Matter of Disbarment of Dennis Holober. Disbar- ment entered.

No. D-249. In the Matter of Disbarment of Elmer S. Beatty, Jr. Dis- barment entered. No. D-255. In the Matter of Disbarment of James R. Holman. Dis- barment entered. No. D-261. In the Matter of Disbarment of Robert K. Hammersmith. It is ordered that Robert K. Hammersmith, 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-262. In the Matter of Disbarment of John F. Auwaerter. It is ordered that John F. Auwaerter, of Sylvania, 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-263. In the Matter of Disbarment of John W. Kitchen. It is ordered that John W. Kitchen, of Toledo, 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-264. In the Matter of Disbarment of Joshua Eilberg. It is ordered that Joshua Eilberg, of Philadelphia, Pennsylvania, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. 80-1952. Barbara Blum, Commissioner of the New York State Department of Social Services, et al., Petitioners v. William Yaretsky, et al. The motion of petitioners for leave to file reply brief out of time is granted.

No. 81-184. United States, Appellant v. Security Industrial Bank, et al. The motion of Security Industrial Bank for divided argument and for additional time for oral argument is denied. No. 81-334. Associated General Contractors of California, Inc., Peti- tioner v. California State Council of Carpenters and Carpenters 46

Northern Counties Conference Board, et al. The motion of respondent for divided argument to permit American Federation of Labor and Con- gress of Industrial Organizations to present oral argument as amicus curiae is denied. MONDAY, MARCH 29, 1982 509

No. 81-395. United Steelworkers of America, AFL-CIO-CLC, Peti- tioner v. Edward Sadlowski, Jr. , et al. The application of petitioner for leave to file a reply brief in excess of the page limitations presented to the Chief Justice and by him referred to the Court is denied.

No. 81-497. Summit Valley Industries, Inc., Petitioner v. Local 112, United Brotherhood of Carpenters and Joiners of America. The motion of American Federation of Labor and Congress of Industrial Organiza- tions for leave to file a brief as amicus curiae is granted.

No. 81-1731. Adolph Schatzle, Appellant v. James C. Kirkpatrick, et al. The motion of appellant to expedite consideration of the appeal is denied.

No. 81-5321. Earl Enmund, Petitioner v. Florida. The motion of respondent to strike portions of petitioner's reply brief is denied.

Appeal-^Jurisdiction Noted

No. 81-1370. Energy Reserves Group, Inc., Appellant v. The Kansas Power and Light Company. Appeal from the Supreme Court of Kansas.

The motion of State Corporation Commission of Kansas for leave to file a brief as amicus curiae is granted. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-1095. John Paul Morris, Warden, Petitioner v. Joseph D. Slappy. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted.

No. 81-1476. United States, Petitioner v. Lucille Mitzi Bosco Rodg- ers, et al.; and United States, Petitioner v. Joerene Ingram, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

Certiorari Denied

No. 80-2128. Washington Metropolitan Area Transit Authority, Peti- tioner v. William David Hensley. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-547. David Diaz, et ux., et al., Petitioners v. Ronald Beyer, et ux. Petition for writ of certiorari to the Court of Civil Appeals of Texas, Tenth Supreme Judicial District, denied.

No. 81-1001. Mark Leslie Rivenburgh, Petitioner v. United States. 510 MONDAY. MARCH 29. 1982

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1115. Southwestern Baptist Theological Seminary, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1191. Wiggins Brothers, Inc., et al., Petitioners v. Depart- ment of Energy and James B. Edwards, Secretary of Energy. Petition for writ of certiorari to the United States Temporary Emergency Court of Appeals denied.

No. 81-1205. Nitrochem, Inc., Petitioner v. Interstate Commerce Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 81-1219. Steven Goodstein and Martin H. Goodstein, Petitioners

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

No. 81-1236. Rowena Owen Garner, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the

. Ninth Circuit denied.

No. 81-1242. Robert J. Gilliland, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1260. Kenneth Allnutt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1264. Edward Chamless Fogg, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 81-1382. Jeff Atkinson, Petitioner v. Janet Atkinson, etc. Peti- tion for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-1402. Thomas James O'Grady, et al., Petitioners v. James G.

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

No. 81-1433. Larry Reimnitz, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1446. Huntington Memorial Hospital, Petitioner v. Victoria Missirlian. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. MARCH 29, 1982 511

No. 81-1447. Ben Loeterman and Mardi Loeterman, Petitioners v. Town of Brookline and Rent Control Board of Brookline. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1450. Michelin Tire Corporation, Petitioner v. Nathan L. Coulter. Petition for writ of certiorari to the Court of Appeals of Mis- souri, Southern District, denied.

No. 81-1452. Fordees Corporation, Petitioner v. Vulcan, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1456. Frederic Marin, Petitioner v. Arthur R. Myers and Ad- vance, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1471. John R. Immer, Petitioner v. Puerto Rico Maritime

Shipping Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1474. Murphy Cole, IV, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

No. 81-1475. Henry Foster Taylor, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-1477. John F. Wells, etc., Petitioner v. Frank White, Gover- nor of the State of Arkansas, et al. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 81-1484. J. L. Allison, Jr., et al., Petitioners v. The Continental Group, Inc. Petition for writ of certiorari to the Supreme Court of Loui- siana denied.

No. 81-1519. Tony Darwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 81-1523. Thomas K. Stewart and Sheldon R. Waxman, Petition- ers v. Socialist Workers Party, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1539. Lawrence J. Block, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1541. Doyce Alon Ballenger, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. 512 MONDAY, MARCH 29. 1982

No. 81-1576. Joseph G. Snisky, etc., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1579. John F. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1601. James Warren Irwin, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1603. Carlos Humberto Salazar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-5623. Rennie Johnson, Petitioner v. Walter T. Fogg, Superin- tendent, Eastern New York Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 81-5836. In Re Jason Dale Linger, Petitioner. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-5894. Elmer Lee, Petitioner v. C. M. Gilstrap, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5907. Terry J. Ellis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-5949. Yolanda Ramirez Moreno, Petitioner v. California. Pe- tition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-5980. Jimmy Lewis Williams, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-6163. Alexander S. Young, Petitioner v. Ronald Marshall, Superintendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6166. Charles Edward Brent, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-6167. Frank Africa, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6175. Calvin Nelson, Petitioner v. Ted Engle, Superintend- MONDAY, MARCH 29, 1982 513 ent, Chillicothe Correctional Institute, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6176. Paul B. Owens, Petitioner v. Larry Miller. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6180. Raymond Lepeard Lindsey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-6182. James E. Baker, Petitioner v. W. J. Estelle, 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. 81-6186. Susan Brennin, Petitioner v. James E. Kirby, et al. Pe- tition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 81-6190. Victor F. Szijarto, Petitioner v. Garland Sinow. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6194. Curtis Turner, Petitioner v. Ted Engle, Superintend- ent, Chillicothe Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6197. Robert Arthur Allen, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 81-6203. Michael Earl Staton, Petitioner v. Louie L. Wainwright and Maurice R. Crockett. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6209. Roger Scott, Petitioner v. E. P. Perini, Superintend- ent, Marion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6226. Archibald How Chang, Petitioner v. Texas Youth Council, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6256. Kenneth N. Payne, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-6263. Napoleon L. Horton, Petitioner v. Richard Compton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6288. 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. 514 MONDAY, MARCH 29, 1982

No. 81-6290. Milton Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6292. Leonard F. King, Petitioner v. Norman A. Carlson, Di- rector, U.S. Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6293. Leonard F. King, Petitioner v. Norman A. Carlson, Di- rector, U.S. Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6305. Kenneth Edward Canda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6312. John Gonsalves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6319. Michael C. Antonelli, Petitioner v. Chicago Police De-

partment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 81-417. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Antonio Perez. 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. 81-1469. Tennessee, Petitioner v. Ricky Lee Webb. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied. No. 81-1516. Carolyn Atkins, Chairman, Missouri Board of Proba- tion and Parole, et al., Petitioners v. William Eldridge. 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. 81-1295. Shearson Hayden Stone, Inc., and J. Barry Gray, Peti- tioners v. Robert W. Hope, et al. The motion of New York Stock Ex- change, Inc., et al. for leave to file a brief as amid curiae is granted. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-1517. John R. Hildebrand, Petitioner v. Board of Trustees of

Michigan State University, et al. The motion of Lansing Michigan

Branch of the American Civil Liberties Union of Michigan, et al. for

leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. MONDAY, MARCH 29, 1982 515

No. 81-6158. Jim Vanderbilt, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6172. William D. Christopher, 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. 81-6187. In Re Ronald Lewis Boyer, Petitioner. Petition for writ of mandamus denied.

Prohibition Denied

No. 81-6192. In Re Bruce Hanson, Petitioner. Petition for writ of prohibition denied.

Rehearings Denied

No. 81-963. Friendly Retirement Center, Inc. , Petitioner v. Lee Jay

Colling, etc.;

No. 81-5508. Malcolm C. Souness, Petitioner v. Veterans Administration;

No. 81-5978. Roy Rogers Creasy, Petitioner v. Virginia;

No. 81-5998. Willie Smith, Petitioner v. W. J. Estelle, Jr., Director, Texas Department of Corrections; and

No. 81-6000. Lina F. Rhodes, Petitioner v. United States Navy, et al. Petitions for rehearing denied.

No. 81-921. Joy Kessinger, Leonard Casey and Royal Case, Petition- ers v. Kentucky; and

No. 81-5560. Lindsay B. Johnson, Petitioner v. Connecticut. The motions for leave to file petitions for rehearing denied.

Recess Order

The Court will take a recess from Monday, April 5, 1982 until Mon- day, April 19, 1982.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Frederick W. Alcaro Wilkes-Barre, PA Peter J. Hoegen Jr. 516 MONDAY. MARCH 29. 1982

Jack L. Allbritton Houston, TX Edwin A. Bluestein Jr. William Leonard Arendall Nashville, TN William Warner McNeilly Jr.

Joseph Ralph Attonito Smithtown, NY Richard I. Scheyer Robert Edward Barton Salem, OR William F. Gary Gregory L. Bickle Bismarck, ND Murray G. Sagsveen Susan Bass Bolch Atlanta, GA Herbert Jerome Bass David Eason Boone Richmond, VA George William Warren IV Stephen Douglas Bradbury Susanville, CA Donald Pardee Cady Wm. J. Brauner Caldwell, ID William Franklin Gigray III Darrell F. Brown Little Rock, AR Zimmery Crutcher Jr. Michael Burrage Antlers, OK Joe Stamper Frank James Carroll Des Moines, IA C. Carleton Frederici Leon Choate Jr. Franklin Lakes, Michael A. Manna NJ James D. Clark Fort Lauderdale, Ronald A. FL FitzGerald Walter C. Cliff New York, NY Donald J. MulvihiU Nicholas Hamner Cobbs Washington, DC Carroll Edward Dubuc James J. Coles Bismarck, ND Murray G. Sagsveen Paul E. Cooney Washington, DC Stephen McEwen Jr.

John L. Cooper San Francisco, CA Jerome I. Braun Craig C. Corbitt San Francisco, CA Frederick P. Furth MONDAY, MARCH 29, 1982 517

Applicant City and State Movant

Steven Turner Delbridge Santa Ana, CA Robert Steven Peters Paul J. DeMahy St. Martinville, Joseph Burton LA Willis Moulton Shreve Dowler Jr. San Antonio, TX Bond Davis Gordon E. Dudley Phoenix, AZ Jordan Green S. Allen Early Jr. Detroit, MI Neil H. Fink Shereen F. Edelson Plainville, CT Arnold Ira Menchel Frederick Earl Finch Minneapolis, MN Harold Marvin Fredrikson Thomas J. Florczak Pueblo, CO William F. Mattoon Timothy Jay Foran Athens, OH Benjamin L. Clark Gregory F. Gambel New Orleans, LA John J. Cummings III Jules B. Gerard St. Louis, MO Ronald L. Carlson Paul Anthony Gervas Columbia, MD Edward Jefferson Peck Lynne E. Greenwald New York, NY Barry Beller Carol C. Hake Cincinnati, OH Andrew Bailey Dennison Jim Hammerschmith Northampton, MA Steven J. Schwartz Melinda Furche Harmon Houston, TX Walter B. Morgan Thomas Frederick Haskins Akron, OH Scott Hendricks Jr. Ruport Margaret Manning Baltimore, MD Stephenie Weiss Hathaway Naidoff Stewart Preston Hayes Columbia, SC Thomas English McCutchen Jr. Robert Louis Houston Jackson, MS F. Kent Stribling Edward Raymond Jaquays Joliet, IL Robert A. Snyder Jeffrey H. Jennings Smithtown, NY George V. O'Haire Dale A. Johnson Fort Dodge, IA John H. Mitchell Douglas Jones Honeoye Falls, Donald J. Wisner NY Paul T. Jones Jr. Providence, RI Bruce Alan Leach 518 MONDAY, MARCH 29, 1982

Applicant City and State Movant

Kathleen Kessler Atlanta, GA Hugh G. Head Jr. Andrew Gerson Klein Phoenix, AZ Barry David Halpern James Lawrence Kramer Fort Dodge, IA M. Gene Blackburn RandallJ. Kries Phoenix, AZ Michael D. Kimerer Kevan Kellogg Langner Cincinnati, OH Kenneth Lloyd Byrne Marcus Wesley Lee Birmingham, AL Jasper Paul Juliano Michael Paul Lehmann San Francisco, CA Thomas R. Fahrner John H. Licht Denver, CO E. Michael Canges George A. Lloyd Chicago, IL Janet Betty Wolfe Michael Douglas McRae Cedartown, GA Joseph Calloway Holmes Jr. Esson McKenzie Miller Jr. Richmond, VA Frederick T. Gray J. Michael Murray Cleveland, OH Bernard Allen Berkman John Andrew Myler Washington, DC George Howard Lawrence Peter J. Ng Monticello, NY Benjamin M. Goldstein James Edwin Pons Greensboro, NC William Banfield Trevorrow Ronald G. Pretty Cheyenne, WY Philip Percy Whynott Leland Mark Riddoch Boise, ID Don Anthony Olowinski John Anthony Rouchell New Orleans, LA H. Sloan McCloskey Thomas Igor Rozsa Los Angeles, CA Paul Hight Ware Lavalle Bernard Salomon Monroe, LA J. Carl Parkerson Isaac A. Saufer New York, NY Marie Mallott Chris A. Schaefer San Rafael, CA Edmond Campion Ward Paul H. Schofield Las Vegas, NV Louis Wiener Jr. MONDAY, MARCH 29, 1982 519

Applicant City and State Movant

Randy L. Sebastian West Chester, PA William J. Gallagher Harley W. Shaver III Denver, CO E. Michael Canges William D. Sheppard Springfield, MO Harold J. Fisher Andrew R. Sherwood Phoenix, AZ Jordan Green Linda Mills Simplicio New York, NY Henry P. Poole David E. Slaff Hackensack, NJ Jerome L. Yesko Jeffrey M. Smith Atlanta, GA Emmet J. Bondurant II Robert J. Snyder Bismarck, ND Murray G. Sagsveen Clem H. Stephenson Fairbanks, AK David H. Loeffler William Wakeen Swor Detroit, MI James A. Tuck Robert G. Treano Taunton, MA William J. Fenton Frank P. Trotta Jr. New Rochelle, NY Victor F. Condello Albert E. Vacek Jr. Houston, TX William Joseph Mutryn II Douglas Albert Valeska Dothan, AL William L. Dickinson Corinne K. A. Watanabe Mililani Town, HI Tany S. Hong Deborah Watson Alexandria, VA Robert John Erickson Joel Alan Williams Birmingham, AL Warren Daniel Hall III Herman C. Zickerman Jr. Tucson, AZ Jeffrey Jiles Ross

Admissions to the Bar on Oral Motion

Susan Alexander Shands Jackson, MS Mary Reed Deborah Joyce Phillips Seattle, WA William Walbridge Greenhalgh Rolland L. Strausbaugh Lafayette, IN Peter C. Ward

Oral Argument

No. 89, Original. State of California, ex rel. State Lands Commis- sion, Plaintiff v. United States. Argued by Mr. Bruce S. Flushman for the plaintiff and by Mr. Louis F. Claiborne for the defendant. MONDAY, MARCH 29. 1982 520

No. 80-1991. Oregon, Petitioner v. Bruce Alan Kennedy. Argued by Mr. David B. Frohnmayer for the petitioner, by Mr. Samuel A. Alito, Jr. for the United States as amicus curiae, by special leave of Court, and by Mr. Donald C. Walker for the respondent.

No. 80-2147. Connecticut, et al., Petitioners v. Winnie Teal, et al. Argued by Mr. Bernard F. McGovern, Jr. for the petitioners and by Mr. Thomas W. Bucci for the respondents.

No. 81-611. Globe Newspaper Company, Appellant v. Superior Court for the County of Norfolk. Argued by Mr. James F. McHugh, III for the appellant and by Mr.' Mitchell J. Sikora, Jr. for the appellee.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, MARCH 30, 1982 521 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

Sylvia K. Smith Flossmoor, IL William David Ford Roger Sherwin Gaither San Ramon, CA Raphael V. Lupo

Oral Argument

No. 81-613. Joy Sporhase and Delmer Moss, etc., Appellants v. Ne- braska, ex rel. Paul L. Douglas, Attorney General. Argued by Mr. Richard A. Dudden for the appellants and by Mr. George Roderic An- derson for the appellee.

No. 80-2177. Marjorie Lehman, etc., Petitioner v. Lycoming County Children's Services Agency. Argued by Mr. Martin Guggenheim for the petitioner and by Mr. Charles F. Greevy, III for the respondent.

No. 81-31. California, et al., Appellants v. Grace Brethren Church, et al.; and California, et al., Appellants v. Lutheran Church-Missouri

Synod, et al.;

No. 81-228. United States, et al., Appellants v. Grace Brethren

Church, et al.; and

No. 81-455. Grace Brethren Church, et al., Appellants v. United States, et al. Argued by Mrs. Harriet S. Shapiro for the United States, et al., by Mr. Jeffrey M. Vesely for the State of California, et al., and by Mr. William B. Ball for Grace Brethren Church, et al.

No. 81-244. Jean Loretto, on behalf of herself and all others similarly situated, Appellant v. Teleprompter Manhattan CATV Corp., et al. Ar- gued by Mr. Michael S. Gruen for the appellant and by Mr. Erwin N. Griswold for the appellees.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY, MARCH 31, 1982 523 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

Raymond Frank Whitney Chicago, IL Julia Penny Clark Jack D. Fine Los Angeles, CA Maurice C. Inman, Jr. M. Dale McKay Lansing, MI Thomas Rumsey Jones

Opinions

No. 80-1924. Caspar W. Weinberger, Secretary of Defense, et al., Petitioners v. Anthony M. Rossi, 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 Rehnquist.

No. 80-1582. United States, Petitioner v. Jeffrey R. MacDonald. 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 Chief Justice Burger. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Marshall with whom Justice Brennan and Justice Blackmun join.

Oral Argument

No. 81-395. United Steelworkers of America, AFL-CIO-CLC, Peti- tioner v. Edward Sadlowski, Jr., et al. Argued by Mr. Michael H. Gottesman for the petitioner and by Mr. Joseph L. Rauh, Jr. for the respondents.

No. 81-622. Southern Pacific Transportation Co., Petitioner v. Com- mercial Metals Co. Argued by Mr. James H. Pipkin, Jr. for the petitioner and by Mr. David M. Sudbury for the respondent.

No. 81-460. Middlesex County Ethics Committee, etc., Petitioner v. 524 WEDNESDAY, MARCH 31, 1982

Garden State Bar Association, et al. Argued by Ms. Mary Ann Burgess for the petitioner and by Mr. Morton Stavis for the respondents.

No. 81-535. United States Department of State, et al., Petitioners v. The Washington Post Company. Argued by Mr. Kenneth S. Geller for the petitioners and by Mr. David E. Kendall for the respondent.

Adjourned until Monday, April 5, 1982 at 10 o'clock. x (JOURNAL) THURSDAY, APRIL 1, 1982 525 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Powell, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinion Per Curiam

No. 81-1724. Chester R. Upham, Jr. and Eric Clifford, Appellants v.

A. M. Seamon, et al. Appeal from the United States District Court for the Eastern District of Texas. Judgment vacated and case remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Judgment shall issue forthwith.

(JOURNAL) MONDAY, APRIL 5, 1982 527 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. 80-5227. Cheryl Maffey, Appellant v. Oregon ex rel. Juvenile Department of Klamath County. Appeal from the Court of Appeals of Oregon. 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. 81-1034. Richard Rock, Appellant v. Harry E. Stowers, Jr., Dis- trict Judge, Bernalillo County. 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. A-818. Michael J. Conway, Applicant v. United States. The application for stay addressed to Justice Marshall and referred to the Court is denied.

No. A-829. Division 732, Amalgamated Transit Union, Applicant v. Metropolitan Atlanta Rapid Transit Authority. The application for stay presented to Justice Powell and by him referred to the Court is denied. No. D-250. In the Matter of Disbarment of Robert C. Donovan. Dis- barment entered. No. D-254. In the Matter of Disbarment of Walter Carl Wencke. Dis- barment entered.

No. 8 Original. State of Arizona, Plaintiff v. State of California, et al. The Report of the Special Master is received and ordered filed. Ex- ceptions, if any, with supporting briefs to the Report may be filed by the parties within 45 days. Reply briefs, if any, to such Exceptions may be filed within 30 clays. Justice Marshall and Justice O'Connor took no part in the consideration or decision of this order. 528 MONDAY, APRIL 5. 1982

No. 92 Original. State of Arkansas, Plaintiff v. State of Mississippi. The motion for leave to file a bill of complaint is granted. The defendant is allowed 60 days within which to answer.

No. 80-2070. Sumitomo Shoji America, Inc., Petitioner v. Lisa M. Avigliano, et al.; and

No. 81-24. Lisa M. Avigliano, et al, Petitioners v. Sumitomo Shoji America, Inc. The motion of the Solicitor General for leave to participate in oral argument as arnicas curiae and for divided argument is granted.

No. 81-298. Community Television of Southern California, Petitioner v. Sue Gottfried, et al.; and

No. 81-799. Federal Communications Commission, Petitioner v. Sue Gottfried, et al. The motion of respondents to apportion advancement of funds for the printing of the joint appendix is denied.

No. 81-878. John P. Larkin, et al. , Appellants v. Grendel's Den, Inc. The motion of Paul W. Johnson, Esquire, to permit Gerald J. Caruso,

Esquire, to present oral argument pro hac vice is granted.

No. 81-920. Verlinden B. V., Petitioner v. Central Bank of Nigeria. The motion of The Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted. The request for additional time for oral argument is denied.

No. 81-1404. Carlisle W. Briscoe, Chris P. Vickers, Sr., and James N. Ballard, Petitioners v. Martin Lahue and James W. Hunley, etc. The motion of petitioner Carlisle W. Briscoe for leave to proceed further herein in forma pauperis is granted.

No. 81-1719. William O. Petrusch, Jr., etc., Petitioner v. Teamsters Local 317, Syracuse, New York, et al. The application for an injunction addressed to Justice Rehnquist and referred to the Court is denied.

No. 81-1770. Laverne Orwoll, et al., Appellants v. Sharon LaComb, et al. The motion of Minnesota State Senate for leave to file a brief, as amicus curiae, is granted. The motion of appellants to expedite consideration of the appeal is denied. Justice Blackmun took no part in the consideration or decision of these motions.

Appeal—Jurisdiction Noted

No. 81-1489. Xerox Corporation, Appellant v. County of Hams, Texas and City of Houston, Texas. Appeal from the Court of Appeals of Texas, First Supreme Judicial District. In this case probable jurisdiction is noted. MONDAY, APRIL 5, 1982 529 Certiorari Granted

No. 81-1181. Lockheed Aircraft Corporation, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted.

No. 81-1506. Federal Election Commission, et al., Petitioners v. Na- tional Right to Work Committee, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. No. 81-680. Herman & MacLean, Petitioner v. Ralph E. Huddleston, et al.; and

No. 81-1076. Ralph E. Huddleston, et al., Petitioners v. Herman & MacLean, et al. The petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit are granted. The petition for writ of certiorari in No. 81-1076 is granted limited to Question 1 presented by the petition. The cases are consolidated and a total of one hour is allotted for oral argument.

No. 81-1214. Missouri, Petitioner v. Danny Hunter. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeals of Missouri, Western Dis- trict, granted.

No. 81-1493. The Gillette Company, Petitioner v. Steven Miner. The motion of National Association of Independent Insurers, et al. for leave to file a brief as amici curiae is granted. Petition for writ of certiorari to the Supreme Court of Illinois granted.

Certiorari Denied

No. 81-826. American Commercial Lines, Inc., Petitioner v. Thomas W. Griffith, et al.; Oceanic Navigation Corporation, et al., Petitioners v. Lawrence A. Sarauw; and Silver Bulk Shipping, Ltd., Petitioner v. William McCarthy. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1231. Bedford Associates, et al, 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. 81-1238. Charles Cashell, Petitioner v. United States;

No. 81-1253. William L. Satterwhite, Petitioner v. United States;

No. 81-1333. Tom Welch, Petitioner v. United States; and

No. 81-6062. James M. Cochran, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 530 MONDAY. APRIL 5. 1982

No. 81-1254. Athena Products, Ltd., Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 81-1288. Brunswick Corporation and Mariner Corporation, Peti- tioners v. Federal Trade Commission and Yamaha Motor Company, Limited. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1302. Montedison S.p.A., Petitioner v. Phillips Petroleum Company, et al.; and

No. 81-1303. Standard Oil Company (Indiana), Petitioner v. Phillips Petroleum Company, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1338. Arrow Transportation Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-1441. Jack E. Bronston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1454. Paul J. Cianci, et al., Petitioners v. Division of Liquor Control, Department of Business Regulation. Petition for writ of certiorari to the Superior Court of Connecticut, Hartford County, denied.

No. 81-1468. Coastal Petroleum Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1502. Edward L. Murnane, Petitioner v. American Airlines,

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

No. 81-1504. David Lloyd Beckstrom, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 81-1520. Telesforo Bautista, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-1527. Helen Strohl Hall, Petitioner v. Lamar Hall. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 81-1532. John Buehler Oliver. Petitioner v. Aminoil, USA, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1540. Roald E. Tangren, et al., Petitioners v. Wackenhut

Services, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY. APRIL 5, 1982 531

No. 81-1559. Orlando G. Villalta, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1584. Frangella Mushroom Farms, Inc., and Joseph C. Fran- gella, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied. No. 81-1599. Adiba Mahroom, Petitioner v. John 0. Marsh, Jr., Sec- retary of the Army of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1608. Bernard J. Coven, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1628. Sheila A. Reilly, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1638. Arnold Albert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1648. Clarence Stewart Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 81-1652. M. David Riden, Petitioner v. United States Nuclear Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-5849. Joseph D. Pousson, 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. 81-5897. Lawrence Doby Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6038. Russell Conwell Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6079. Larry Locklear, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6094. Thomas McKee, Petitioner v. David Harris, Superin- tendent, Greenhaven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 532 MONDAY, APRIL 5, 1982

No. 81-6130. Elsie Simer, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6144. Albert R. Salman, Petitioner v. G. F. Swanson, District Director, Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6191. Michael E. Conner, Petitioner v. Charles E. Anderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6200. John J. Pelczarski, Petitioner v. Thomas M. Sullivan, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6204. Jerry Norwood, Petitioner v. James C. Woodard, Sec- retary, Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6207. Billy Roy Tyler, Petitioner v. Joni M. Tyler. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied.

No. 81-6210. Arthur Lee Taylor, Petitioner v. Frank C. Blackburn, Warden. Petition for writ of certiorari to the Supreme Court of Louisi- ana denied.

No. 81-6211. Leonard Wilson Trimmer, Petitioner v. Catharine Breyer Van Bomel. Petition for writ of certiorari to the Appellate Divi- sion, Supreme Court of New York, First Judicial Department, denied. No. 81-6215. James Verlette Drysdale, Petitioner v. Hazel Keith, Supervisor, Combined Records, North Carolina Department of Correc- tions. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-6229. Jozsef Tibor Wiga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6239. Van Howell, Petitioner v. Joe D. Tanner, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6250. Frederick Pennington, Jr., Petitioner v. Vernon Housewright, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6295. 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. MONDAY, APRIL 5, 1982 533

No. 81-6303. Oscar Taylor, Ocie M. Taylor and Janie J. Taylor, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-6310. Ulysses Jones, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-6313. Larry Nash Mangiameli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6321. Taybren George Lee, Petitioner v. United States; and

No. 81-6328. Harry Harmon Nance, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6324. Thomas Conroy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6325. David Wayne Howard, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6343. Clovis Carl Green, Jr., Petitioner v. Norman A. Carlson, Director, Warden, FCI, Petersburg. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6345. Frank Lee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6347. Bobby Ray Golden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6350. Carol K. Ross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6351. Anthony Gray, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-1210. Louis Raulerson, Petitioner v. Van Howell. 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 Eleventh Circuit denied.

No. 81-6016. Larry Leon Chaney, 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. 534 MONDAY. APRIL 5. 1982

No. 81-6224. Robert Franklin Godfrey, 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.

Mandamus Denied

No. 81-6218. In Re Arthur F. Jackson. Petitioner: and No. 81-6317. In Re James Shelby, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 81-5930. Waldeen Cooke Whitelaw, Petitioner v. MWP Limited Partnership;

No. 81-5955. Benny Dixon, Petitioner v. Ellis MacDougall;

No. 81-6067. Gary Lee McColpin, Petitioner v. Ira Barnes: and

No. 81-6099. Bruce G. Williams. Petitioner v. Gerald P. Carmen. Ad- ministrator. General Services Administration, et al. The petitions for rehearing are denied. No. 81-271. Edward Cooper, City Attorney of Santa Ana, California,

Petitioner v. Mitchell Brothers' Santa Ana Theater, etc., 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

Gerald Lane Anderson Lubbock. TX Forrest Bowers Steven Babitsky Falmouth. MA Richard K. Latimer David Joseph Balint Seattle, WA Marco DeFunis Edward M. Bernstein Las Vegas, NY Morton R. Galane George Philip Bimbaum New York. NY Leonard S. Baum Catherine Maureen New Orleans. LA James Shelby Blackburn Tucker Jr. Michael Duke Bolen Atlanta. GA John W. Stokes Jr. Prentiss M. Brown Jr. St. Ignace. MI Nathaniel W. Stroup Robert Wm. Burns Seattle. WA John Gavin Frederick Francis Victor Washington. DC Howard Thomas Caivetti Markey Dominic M. Caparello Tallahassee. FL Henry Michael Madsen A t — L

MONDAY. APRIL 5. 1982 535

Applicant City and State Movant

PcitviW T vanan crVi Tt* OttnTTiwn T \ L all ll~l\ d . v,ct \ cHldUgll ul. U^UUSrott XVCltllKpith

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TViPoHnrp StpvpnCI1 PnllatrKVjUllaLUO a_jRpyprlv\Z v ex l v MA Philir>1 lllllkj StvompUlliC 1 IICUUUI C OICV f ULl Herbert Millett Crane Jr. Cartersville, GA Warren Akin III Andrew Brad Derman Philadelphia, PA Robert O'Neill T nirpvc A—.- \T \V Cl O

.Tim T IVTpf^lpaw O llll \-i xJDpFnvdCI uvu Houston TX xxiiAtvpn^cuo atxv_ \w/ iccu y

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Robprt 0 Pipvpv Atlanta GA 1—Fdp"ari Uw, CIA 11A • NppIv11 V III

Francis Ronald Filipi Duncannon, PA LeRoy S.

i pitti ti Z 11m1 1m 1 J. 1\T 1 lIlCllla Clyde C. Fillmore Wichita Falls, TX Robert M. Helton Lanvpnpp Finpcrnld Tvwin Sph\vart7 R J. \ • L. JJOUX vllvC J-» • lliCgWILl Spattlp WA 11 > 111 H11 UVll V> Cli I J. Tomlinson Fort Pittsburgh, PA Walter T. MrGoiich

Mirhapl-.'-LIU I LCI *Z 1 PA . FoshprA w 11 Rpllairp TX David Rvian 7ipo*lpv

-To Annp Tvnw f^ih^nn TvpntnnX1C11LVJ11, "NLT 1VUUC1Pnhpr*tL AA.. \ ±P'avlca^Cli Ivuo Mark B. Goodwin Washington, DC Jane Lang McGrew Kenneth R. Heitz Los Angeles, CA Peter J. Gregora Guy Matthew Heyl Denver, CO Michael C. Schaefer WilHam P. Hight Seattle, WA Richard Michael Kovak 536 MONDAY. APRIL 5, 1982

Applicant City and State Movant

Jay L. Hines New York, NY Martin London William Wallace Hinesley Dothan, AL Francis H. Hare Jr.

Marilyn Lois Hoffman Los Angeles, CA Ellis J. Horvitz Elizabeth Holtzman Brooklyn, NY Edward M. Kennedy Harry Huge Lincoln, NB Edward Bennett Williams John D. Hughes Boston, MA Kenneth John Mickiewicz Timothy Lee Jackson Houston, TX Sue Karyl Walker Jeffrey Douglas Keiner Orlando, FL George T. Eidson Jr. Donald C. Kingery Point Pleasant, Raymond Gerald WV Musgrave Kenneth Harold Kirschner New York, NY Frederick Thomas Shea Steven Karl Kudatzky Haddonfield, NJ William Tomar

Edward J. Kuleck Jr. Ottawa, IL Edwin R. McCullough Robert Edward Lando Oakland, CA George J. Tichy II E. Joe Lankford Norman, OK Fielding Dale Haas Joel L. Leibowitz East Orange, NJ G. Dolph Corradino John W. Lincoln Rockland, MA Robert W. Kelley Glen Arthur Lintner Santa Ana, CA Raymundo Campos Quiroz John P. Love New York, NY Peter John McHugh Claude Leopold Lowen Oakland, CA George J. Tichy II Lawrence T. Marinari Trenton, NJ Robert A. Farkas Anita Podell Miller Albuquerque, NM George R. Bryan III Richard Henry Miller Santa Fe, NM Jeff Bingaman Roger Michael Millsap Lubbock, TX Forrest Bowers MONDAY, APRIL 5, 1982 537

Applicant City and State Movant

Richard N. Moore Jr. Little Rock, AR William R. Wilson Jr. Michael F. Natola Medford, MA Charles W. Capraro Eli M. Noam New York, NY Michael Anthony Cooper Patrick Joseph Nugent Sioux City, IA Michael S. Walsh Juan Tomas O'Naghten Miami, FL Pedro P. Echarte Stuart Norris Pearlman Louisville, KY Leonard Stanley Chauvin Jr. David G. Richenthal New York, NY Arthur Richenthal William C. Robinson Butler, PA James A. Taylor Lyn Befarah Schoenfeld Media, PA Marcus Schoenfeld Marc Gene Shachat New Orleans, LA James A. Babst Richard Herbert Siegel New York, NY Mildred S. Siegel Gregory Radin Smith Los Angeles, CA Peter J. Gregora Leslie Burch Snyder Jr. Lafayette, CA Warren Arthur Staiger Joseph Solomon New York, NY Stephen Ira Munzer Everett J. Sweeney Norman, OK Fielding Dale Haas P. James Taurinskas South St. Paul, Vance B. Grannis MN Ronald Coleman Thornton Houston, TX Francis L. Williams Joseph A. Turner Austin, TX Edward Charles Prado J. Clayton Undercofler III Philadelphia, PA Robert E. J. Curran William Ward Wicht Jr. Hattiesburg, MS M. M. Roberts Craig Lamar Williams Tuscaloosa, AL Ralph Roger Williams Craig Russell Wilson Los Angeles, CA Albert Grossman Richard V. Wing Boston, MA William Alan Linnell Michael R. Wright Binghamton, NY John E. Murrav 538 MONDAY, APRIL 5, 1982

Applicant City and State Movant

Eugene E. Zegarowicz New York, NY Maryellen Weinberg

Opinions

No. 80-1430. Ted Engle, Superintendent, Chillicothe Correctional Institute, Petitioner v. Lincoln Isaac; E. P. Perini, Superintendent, Marion Correctional Institution, Petitioner v. Kenneth L. Bell; and Ted Engle, Superintendent, Chillicothe Correctional Institute, Petitioner v. Howard Hughes. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgments 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. Opinion by Justice Stevens concurring in part and dissenting in part. Statement by Justice Blackmun concurring in the result. Dissenting opinion by Justice Bren- nan with whom Justice Marshall joins.

No. 80-1595. United States, Petitioner v. Joseph C. Frady. 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. Concurring opinion by Justice Ste- vens. Opinion by Justice Blackmun concurring in the judgment. Dis- senting opinion by Justice Brennan. The Chief Justice and Justice Mar- shall took no part in the consideration or decision of this case.

No. 80-6298. Lois Mae Mills, Appellant v. Dan Habluetzel. Appeal from the Court of Civil Appeals of Texas, Thirteenth Supreme Judicial District. Judgment reversed and case remanded to the Court of Civil Appeals of Texas for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehnquist. Concurring opinion by Justice O'Connor with whom Chief Justice Burger, Justice Brennan and Justice Blackmun join and in Part I of which Justice Powell joins. Opin- ion by Justice Powell concurring in the judgment.

No. 80-1199. American Tobacco Company, et al., Petitioners v. John

Patterson, et al. On writ of certiorari to the United States Court of Ap- peals for the Fourth 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 White. Dissenting opinion by Justice Brennan with whom Justice Marshall and Justice Blackmun join. Dissenting opinion by Justice Stevens. MONDAY. APRIL 5. 1982 539

No. 80-1285. Carl W. Brown, Petitioner v. EarlJ. Hartlage. On writ of certiorari to the Court of Appeals of Kentucky. Judgment reversed and case remanded to the Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Brennan. Opinion by Justice Rehnquist concurring in the result. Statement by Chief Justice Burger concurring in the judgment.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James McCall Sakrison Tucson AZ Solicitor General Rex E. Lee Benjamin Howard Berkley Fullerton, CA Solicitor General Rex E. Lee M. Dean Sutton San Jose, CA Don Edwards M. Alfred Karlsen Encino, CA Charles Edward Wicreins Brian David Thiessen Danville, VA Robert Elliot McCarthy Jeffrey Nadel Washington, DC James J. Fitzgibbons William M. Egerman Beverly Hills, CA Philip Michael Brown Alan J Gradwohl Los Angeles CA Pptpv Henrv Johnson Keary Warren Sawyer Grand Rapids, MI Harold S. Sawver William E. Murphy Grand Rapids, MI Harold S. Sawver Laura Lee Spencer Washington, DC William David

J. \Ji v.1 Larry Arthur Greer South Bend, IN Wilham David Ford James R. Bancy Farmington Hill, Wilham David MI Ford Don R. Berschback Grosse Pointe, MI Wilham David Ford Kenneth J. Bloom Detroit, MI Wilham David Ford Timothy Jordan Currier Troy, MI William David Ford Mark S. Grant Birmingham, MI Wilham David Ford 540 MONDAY, APRIL 5, 1982

Applicant Citv and State Movant

Paul J. Manion Detroit, MI William David Ford Eugene R. Morabito Mt. Clemens, MI William David Ford Robert Berry Relph Grand Rapids, MI William David Ford David S. Robinson Jr. Detroit, MI William David Ford Michael David Schwartz Sterling Heights, William David MI Ford William Mosure Sweet Detroit, MI William David Ford Christopher L. Terry Detroit, MI William David Ford Roselyn Costa Annin San Francisco, CA Solicitor General Rex E. Lee Hartley R. Appleton Daly City, CA Solicitor General Rex E. Lee Richard S. Bishop San Francisco, CA Solicitor General Rex E. Lee Leonard J. Bloom San Francisco, CA Solicitor General Rex E. Lee Lawrence Victor Brown Jr. Belmont, CA Solicitor General Rex E. Lee J. William Conroy San Francisco, CA Solicitor General Rex E. Lee George H. Fuhring San Francisco, CA Solicitor General Rex E. Lee Francis Anthony Guido San Mateo, CA Solicitor General Rex E. Lee Gary Hoshiyama San Francisco, CA Solicitor General Rex E. Lee Frederick Theodore Kitt San Francisco, CA Solicitor General III Rex E. Lee James Peter Preovolos San Francisco, CA Solicitor General Rex E. Lee Lynne Joy Reade Whitier, CA Solicitor General Rex E. Lee MONDAY, APRIL 5, 1982 541

Applicant City and State Movant

Edward E. Serres San Francisco, CA Solicitor General Kex E. Lee Patricia Ann Wood San Francisco, CA Sohcitor General t KexT~> E.Til Lee_ _ Michael Lowell Tagg Washington, DC Fredric C. Tausend pi,; tt Arthur Edward Smith Jr. Chicago, 1L r redric C. Tausend Michael David Parker bpnngneld, MA r redric C. 1 ausend Nicholas Dorsey Norris Hanover, NH r redric Harvey Jr. 1 ausend Wayne Marlin Braeuer New Providence, Fredric C. NJXT T Tausend Henry Wittman III Millstone, NJ Fredric C. Tausend Thomas M. DiPiazza Jr. Rochester, NY Fredric C. Tausend

Adjourned until Monday, April 19, 1982 at 10 o'clock. x

(JOURNAL) MONDAY, APRIL 19. 1982 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. 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. 81-1594. 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. 81-1621. Howard Matthew Bilford, et ai., Appellants v. Florida. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of jurisdiction.

No. 81-1642. Best Investment Co., Appellant v. City of Dallas, et al. Appeal from the United States District Court for the Northern District of Texas. The appeal is dismissed for want of jurisdiction.

Certiorari—Summary Disposition

No. 80-5861. Kenneth Ray Williams, Petitioner v. Kenneth Ray Lucky. On petition for writ of certiorari to the Court of Appeals of Texas, Fifth Supreme Judicial 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 Court of Appeals of Texas. Fifth Supreme Judicial District, for fur-

ther consideration in light of Mills v. Habluetzel, 456 U.S. (1982).

No. 80-6701. Daniel Ross, Petitioner v. Amos Reed, etc., et al. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in

light of Engle v. Isaac, 456 U.S. (1982) and United States v. Frady, 456 U.S. (1982). 544 MONDAY, APRIL 19, 1982

No. 81-1056. Washington, Petitioner v. George E. Myers. On petition for writ of certiorari to the United States Court of Appeals 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 for further consideration in light of Engle v. Isaac, 456 U.S. (1982) and United States v. Frady, 456 U.S. (1982).

Orders in Pending Cases

No. 80-2162. Ramah Navajo School Board, Inc., et al., Appellants v. Bureau of Revenue of New Mexico. The motion of the Solicitor General

for leave to file a supplemental brief as amicus curiae is denied.

No. 81-451. Ralph Hathorn, et al, Petitioners v. Mrs. Bobby

Lovorn, et al. The motion of the Solicitor General for leave to file a sup-

plemental brief as amicus curiae is denied.

No. 81-1. Goldsboro Christian Schools, Inc., Petitioner v. United States; and

No. 81-3. Bob Jones University, Petitioner v. United States. The motion of National Association for the Advancement of Colored People,

et al. for leave to intervene as parties respondent and for leave to par-

ticipate in oral argument is denied. The alternative request to file a brief as amici curiae is granted. The motion of Laurence H. Tribe and

Bernard Wolfman for leave to file a brief as amici curiae is granted.

The motion of Agencies of the United Church of Christ for leave to file a brief as amicus curiae is granted. The motion of Lawyers' Committee

for Civil Rights Under Law, et al. for leave to file a supplemental brief as amici curiae is granted. The motion of North Carolina Association of

Black Lawyers for leave to file a brief as amicus curiae is granted. The

motion of the Solicitor General for leave to file a brief on the merits out-

of-time is granted. The motion of the Solicitor General for leave to file a motion for divided argument out-of-time is granted. The motion of petitioner in No. 81-3 for an order directing respondent to act with respect

to respondent's memorandum filed January 8, 1982 is denied. The motions of petitioners for summary reversal are denied. William T. Cole- man, Jr., Esquire, of Washington, D.C., a member of the Bar of this Court, is invited to brief and argue these cases, as amicus curiae, in support of the judgments below.

No. 81-184. United States, Appellant v. Security Industrial Bank, et MONDAY, APRIL 19, 1982 545 al. The motion of appellee Beneficial Finance of Kansas, Inc. to schedule oral argument during April, 1982 session is denied. No. 81-298. Community Television of Southern California, Petitioner v. Sue Gottfried, et al; and

No. 81-799. Federal Communications Commission, Petitioner v. Sue

Gottfried, et al. The motions of petitioners for divided argument and for additional time for oral argument are granted. Ten additional minutes are allotted for that purpose.

No. 81-300. Ford Motor Company, Petitioner v. Equal Employment Opportunity Commission. The motion of the Solicitor General to permit David A. Strauss, Esquire, to present oral argument pro hac vice is granted.

No. 81-750. Fidelity Federal Savings and Loan Association, et al.,

Appellants v. Reginald D. de la Cuesta, et al. The motion of Michigan, et al. for leave to participate in oral argument as amici curiae and for divided argument is denied. Justice Powell took no part in the consideration or decision of this motion.

No. 81-825. The Pillsbury Company, et al., Petitioners v. John Conboy. The motion of petitioners to schedule oral argument during

April, 1982 session is denied. The motion of Philip L. Barnum, et al. for leave to file a brief as amici curiae is granted. Justice O'Connor took no part in the consideration or decision of these motions. No. 81-1180. G.R. Dickerson, Director, Bureau of Alcohol, Tobacco and Firearms, Petitioner v. New Banner Institute, Inc. The motion of the parties to dispense with printing the joint appendix is granted.

No. 81-1476. United States, Petitioner v. Lucille Mitzi Bosco Rodg- ers, et al.; and United States, Petitioner v. Joerene Ingram, et al. The motion of the parties to dispense with printing the joint appendix is granted.

No. 81-1591. The Chase Manhattan Bank, N.A., Petitioner v.

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

No. 81-1860. J. P. Stevens & Co., Inc., Petitioner v. National Labor Relations Board, et al. The motion of petitioner to expedite consideration of the petition for a writ of certiorari is denied.

No. 81-1867. Bernhardt Cohen, Petitioner v. Kentucky Bar Associa- tion. The application for continuation of stay presented to Justice Bren- nan and by him referred to the Court is denied. 546 MONDAY, APRIL 19, 1982

No. 81-1874. Sentinel Government Securities and Sentinel Financial

Instruments, Petitioners v. United States. The motion of petitioners to

expedite consideration of the petition for a writ of certiorari is denied.

Appeals—Jurisdiction Noted or Postponed

No. 81-1578. Werner H. Kramarsky, etc., et al., Appellants v. Delta

Air Lines, Inc., et al.; Werner H. Kramarsky, etc., Appellant v. Bur-

roughs Corporation; and Werner H. Kramarsky, etc., et al., Appellants v. Metropolitan Life Insurance Company. Appeal from the United States Court of Appeals for the Second Circuit. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-1196. William H. Smith, Petitioner v. Daniel R. Wade. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. No. 81-1273. Charles A. Bowsher, Comptroller General of the

United States, et al., Petitioners v. Merck & Co., Inc.; and

No. 81-1472. Merck & Co., Inc., Petitioner v. Charles A. Bowsher, Comptroller General of the United States and United States. Petitions for writs of certiorari to the United States Court of Appeals for the Dis- trict of Columbia Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. No. 81-1304. National Association of Greeting Card Publishers, Peti-

tioner v. United States Postal Service, et al.; and

No. 81-1381. United Parcel Service of America, Inc., Petitioner v.

United States Postal Service, 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.

Certiorari Denied

No. 81-1014. Harry O'Brien, Petitioner v. United States;

No. 81-1296. James Robert Brown, Petitioner v. United States; and

No. 81-1408. Clifford Doyle Lee, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1086. Carl Thomas, Sheriff, Petitioner v. Benny B. Barrett,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. MONDAY, APRIL 19, 1982 547

No. 81-1113. Eddie Odom, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

No. 81-1132. James Kelly, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-1200. R.D. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1216. Siller Brothers, Incorporated, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1220. Jolund Walter Schmedt, Petitioner v. Fernando E. C de

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

No. 81-1225. Hilmer B. Sandini, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied.

No. 81-1227. Mary Sue Hubbard and Duke Snider, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1256. New Mexico, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1275. Founding Church of Scientology, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied.

No. 81-1300. Calvin Rex, Petitioner v. Cia. Pervana de Vapores, S.A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1317. City of Parma, Ohio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1365. David Michael Bright, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1376. 400 E. Baltimore Street, Inc., Petitioner v. Maryland. Petition for writ of certiorari to the Criminal Court of Baltimore City, Maryland, denied.

No. 81-1388. Princess Sea Industries, et al., Petitioners v. Nevada, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. 548 MONDAY, APRIL 19, 1982

No. 81-1413. Plaquemines Parish Mosquito Control District, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1428. Grand Laboratories, Inc., Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

No. 81-1434. William A. Frank, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 81-1455. H. Gordon Howard, Petitioner v. Board of County

Commissioners of the County of Weld, Colorado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1481. William Lamb, Petitioner v. Equifax Services, Inc. Pe- tition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-1492. Standard Drywall, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1535. Factors Etc., Inc. and Boxcar Enterprises, Inc., Peti- tioners v. Pro Arts, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1545. RKO General, Inc., Petitioner 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. 81-1550. Theodore F. Melichar, Petitioner v. Betty Jane Ost. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1554. Ruth Clark and Charles E. Bunker, Petitioners v. City of Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1555. City of Allen Park, Petitioner v. Michigan, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1556. Andrew J. Narel, Jr., Petitioner v. Victor Liburdi, Warden. Petition for writ of certiorari to the Supreme Court of Connecticut denied.

No. 81-1560. Antonio F. Vigorito, Petitioner v. New York. Petition for writ of certiorari to the Supreme Court of New York, County of Kings, denied. MONDAY, APRIL 19, 1982 549

No. 81-1562. James Rodney Adkinson, Petitioner v. Charles Camp- bell, Director, Division of Corrections of Alaska. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1566. Manitowoc Engineering Company, Petitioner v. Fred

P. Terry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1569. Lorene L. Rogers, Individually and as President of the

University of Texas at Austin, et al., Petitioners v. Philip L. White. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1570. Leigh R. Harlow and Evelyn D. Harlow, Petitioners v. John B. Sargent and Frederic D. Sargent. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1572. Michael P. Lane, Director, Illinois Department of Cor- rections, Petitioner v. Eddie Allen. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1573. Stephen A. McShane, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1575. Ruth Frick Rice, Petitioner v. President and Fellows of Harvard College. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1582. William J. Quinn, Petitioner v. Burlington Northern

Inc. Pension Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1597. Martin Joseph Kilcoyne, Petitioner v. Robert Morgan, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1647. George Christopher Broderick, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1654. Albert C. McCord, Petitioner u. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-1655. Sidney R. Baldwin, Petitioner v. Minnesota Commis- sioner of Revenue. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 81-1657. Tomy Corporation, a Wholly-Owned Subsidiary of Tomy Kogyo, Inc., Petitioner v. National Labor Relations Board. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 550 MONDAY, APRIL 19, 1982

No. 81-1680. Roy G. Andersen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1696. William M. Hawkins, Petitioner v. Equal Employment

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

No. 81-1702. Herbert W. Voorhies, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1705. Valerie Helgesen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1709. Hawaiian Airlines, Inc., Petitioner v. National Media- tion Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1712. June Martino, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1713. Raymond Marquez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1722. Rosalind A. Draper, Petitioner v. Merit Systems Pro- tection Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1725. 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. 81-1727. Robert Marchese, Anthony Delessio and Richard

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

No. 81-1740. Morris O'Neal Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1743. Victor Schroeder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 81-1759. Dennis Harry Flynn and James Anthony McDonnell,

Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, APRIL 19, 1982 551

No. 81-5839. George Eugene Hayes, Petitioner v. David R. Harris, Superintendent, Greenhaven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-5857. Angus Abeita, Petitioner v. Joseph Gutierrez, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-5873. Thomas J. Innis, Petitioner v. Rhode Island. Petition for writ of certiorari to the Supreme Court of Rhode Island denied.

No. 81-5940. Danny R. Calvert, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 81-5957. Mark Allen Chouinard, Petitioner v. New Mexico. Peti- tion for writ of certiorari to the Supreme Court of New Mexico denied.

No. 81-5979. Edward Griffin, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-5984. Florentina Bustillos, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 81-5989. Douglas Campbell and Stuart Campbell, Petitioners v. California. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Fourth Appellate District, denied.

No. 81-5990. Joe E. Hampton, Petitioner v. David R. Waters, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-5996. James McLaughlin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6014. Royal A. Every, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-6015. Steven Campbell, Petitioner v. Lester Gunn, Sheriff of Bell County, Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6019. Rabb Ra Chaka, Petitioner v. Board of Directors, Bur

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

No. 81-6027. Janice E. Monosso, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin denied.

No. 81-6036. Willie Ray Turner, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. 552 MONDAY. APRIL 19, 1982

No. 81-6054. Cleo Chambers, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied.

No. 81-6061. Stephen Bowman, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied.

No. 81-6072. Milton Moore Howell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6216. Melvin Brown, Petitioner v. Ted Engle. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6221. Abdullah Ramadan Shabazz, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

No. 81-6227. Charles R. Burrell, Petitioner v. Union Correctional In- stitute, Raiford, Florida. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6230. Robert H. Saunders, Petitioner v. Charles R. Weiner. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6231. Joe Nathan Tubbs, Petitioner v. Ross Maggio, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6236. Jesse Irvin Payne, Petitioner v. Steven Smith, Steven Beshear. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6238. Archie Lee Douglas, Petitioner v. Robert E. Long,

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

No. 81-6241. Charles Bainton Butcher. Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6242. Johnnie B. Hall. Petitioner v. New York City Transit Authority. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-6244. Lynn Glass, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western Dis- trict, denied.

No. 81-6246. Foster Lee Streeter, Petitioner v. Alabama. Petition MONDAY, APRIL 19, 1982 553 for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-6247. Viva Leroy Nash, Petitioner v. Larry Morris, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 81-6248. Dalton Loyd Williams, 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. 81-6252. Larry Darnell Williams, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 81-6253. Foster Lee Tarver, Petitioner v. James Howard, Su- perintendent, State Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6254. Paul L. Stedman, Petitioner v. Mike Parsons, Director of Classification, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6260. Alice Bobo, Petitioner v. ITT, Continental Baking Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-6261. Rabb Ra Chaka, Petitioner v. George N. Leighton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6264. Earnest Lee Thomas, Petitioner u. W. J. Estelle, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-6265. Flossie Wilson Nzongola, Petitioner v. Ntalaja Nzongola. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-6266. Flossie W. Nzongola, Petitioner v. Ntalaja Nzongola. Petition for writ of certiorari to the Superior Court of Georgia, Fulton County, denied.

No. 81-6268. Larry J. Mechler, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-6269. James Pouncy, Jr., Petitioner v. Terrell D. Hutto, Di- rector, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 554 MONDAY, APRIL 19, 1982

No. 81-6270. David Stinnett, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-6274. Terry Lee Lackey, Petitioner v. James H. Rose, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-6275. Ray Omernick, Petitioner v. Gerald Carow, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6276. Richard Jackson, Petitioner v. Edward O'Lone, Super- intendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6278. Robert Henry Hartford, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 81-6281. Kenneth A. Appleby, Petitioner v. WTIC-FM Radio Station, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6282. Robert Delman Hejl, Petitioner v. Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6283. Mark Valenzano, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-6284. Roger Widner, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-6286. Harold Gene Walker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6287. Gary Ray Beasley, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6298. Paul Neal Harrison, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 81-6332. Guy Terrance Grant, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6354. Donald H. Berry, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-6359. Anthony R. Martin-Trigona, Petitioner v. Illinois. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Fourth Dis- trict, denied. MONDAY, APRIL 19, 1982 555

No. 81-6371. Alex Melvin Wade, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6378. Donnie Eugene Halbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6384. Carl Bledsoe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6389. James G. McCollom, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6394. Clovis Carl Green, Jr., Petitioner v. Warden, U.S. Pen- itentiary, El Reno, Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6395. Violette Goldblatt, Petitioner v. Elaine & Martin Vogel, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 81-6400. George Carapella, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6401. Clovis Carl Green, Jr., Petitioner v. Mr. Wilkerson,

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

No. 81-6405. Stanley Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6406. Donald L. Hayward, Petitioner v. United State Parole

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

No. 81-6409. James H. Linton, 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. 81-6410. Michael Ray Tolliver, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6411. John Hubert Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. 556 MONDAY. APRIL 19. 1982

No. 81-6416. Walter R. Webster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6426. Ronald David Veteto, Petitioner v. Director, United States Bureau of Prisons, Southeast Regional Office. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6431. Gregory A. Britt and Ricky D. Bryant, Petitioners v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 80-6863. Gary Tyler, Petitioner v. C. Paul Phelps, Director, De- partment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Marshall would grant certiorari.

No. 81-989. Dallas County. Texas, et al.. Petitioners v. Benny B.

Barrett, et al.; and

No. 81-990. Dallas County. Texas, et al.. Petitioners v. Robert Col- lins, et al. The motions of County Judges and Commissioners Associa- tion of Texas for leave to file a brief as amicus curiae are granted. Peti- tions for writs of certiorari to the United States Court- of Appeals for the Fifth Circuit denied.

No. 81-1359. Cotton Petroleum Corporation, Petitioner v. James B.

Edwards, Secretary of United States Department of Energy, et al. Pe- tition for writ of certiorari to the United States Temporary Emergency Court of Appeals denied. Justice White took no part in the consideration or decision of this petition.

No. 81-1380. Northside Realty Associates. Inc., et al.. Petitioners v. United States: and

No. 81-1405. Browning-Ferris Industries of Georgia, Inc., et al.. Pe- titioners v. United States. The motion of American Civil Liberties

Union of Georgia 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 Eleventh Circuit denied. No. 81-1385. Pepsi-Cola Distributing Company of Knoxville, Tennes- see. Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Blackmun and Justice O'Connor would grant certiorari.

No. 81-1391. Three J Farms. Inc.. et al. Petitioners v. Plaintiffs' MONDAY, APRIL 19, 1982 557

Steering Committee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 81-1568. Judy Lieberman, Petitioner v. University of Chicago, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. Justice Brennan would grant certiorari.

No. 81-5952. Paul Abraham McKinney, 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. Justice Brennan would grant certiorari.

No. 81-1583. The Mead Corporation, et al., Petitioners v. Adams Ex- tract Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell and Jus- tice O'Connor took no part in the consideration or decision of this petition.

No. 81-1616. Toyota Motor Company, Ltd., et al., Petitioners v. General Motors Corporation. The motion of National Business Sys- tems, 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 Sixth Circuit denied.

No. 81-1626. William H. Green, et al., Petitioners v. Donald T.

Regan, Secretary of the Treasury, et al. The motion of petitioners to expedite consideration of the petition for a writ of certiorari and to consolidate this case with No. 81-1, Goldsboro Christian Schools v. United States and No. 81-3, Bob Jones University v. United States is denied. The petition for a writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit, before judgment, denied.

No. 81-1667. Charles E. Anderson, Warden, Petitioner v. Michael E. Conner. 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. 81-6081. Michael Albert Cervi, 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. 81-6156. Billy Wayne White, 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. 81-6174. Raymond Franklin, Petitioner v. Walter Zant, Superin- 558 MONDAY, APRIL 19, 1982 tendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6235. Albert "Bo" Thompson, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6245. Charles Laverne Singleton, 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. 81-6353. Herbert Russell Bassett, Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 81-6112. Robert H. Fendler, Petitioner v. United States. Peti- tion 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.

Mandamus Denied

No. 81-6277. In Re Richard Francis De Vincent, Petitioner; and

No. 81-6342. In Re Clovis Carl Green, Jr., Petitioner. Petitions for writs of mandamus denied.

No. 81-1483. In Re Westley Williams, et al., Petitioners. The motion of FLAG, Inc. for leave to file a brief as amicus curiae is granted. Peti- tion for writ of mandamus denied.

Rehearings Denied

No. 80-1239. Railway Labor Executives' Association, Appellant v.

William M. Gibbons, Trustee, etc., et al.; No. 80-1527. William R. Lummis, Temporary Administrator of the Estate of Howard R. Hughes, et al., Petitioners v. Los Angeles Air- ways, Inc.;

No. 81-291. Illinois, Petitioner v. Robert Bochniak;

No. 81-933. F. Harrison Green, Petitioner v. Ohio;

No. 81-1022. Press-Enterprise Company, et al., Petitioners v. Supe- rior Court of California, County of San Diego;

No. 81-1148. William Butler and Donald Irish, Petitioners v. United States;

No. 81-1206. James Leroy Childers, Petitioner v. Illinois; MONDAY, APRIL 19, 1982 559

No. 81-1221. General Atomic Company, Petitioner v. United Nuclear Corporation;

No. 81-1237. Peter Angelilli, Petitioner v. United States;

No. 81-1269. Saranelle Avedisian, Petitioner v. George C. Hubbard, et al.;

No. 81-1364. Mary Jane Eaton, Petitioner v. Drake University and United States;

No. 81-1412. John R. Connor, Petitioner v. Lucas Phillips, Adminis- trator, etc., et al.;

No. 81-5838. Veronica L. Clark, Petitioner v. Municipal Employees Credit Union;

No. 81-5844. Charlie B. Bowen, Petitioner v. Walter D. Zant, Warden;

No. 81-5935. Roosevelt Green, Petitioner v. Walter D. Zant, Warden;

No. 81-5970. Jessie Joseph Tafero, Petitioner v. Florida;

No. 81-6008. Robert Perkins Thayer, Petitioner v. Puerto Rico;

No. 81-6025. Charles W. Levy, Petitioner v. High's Dairy Stores, et al.; and

No. 81-6070. Mary Vinson LeBright, Petitioner v. Almeric L. Chris- tian, United States District Judge, District of the Virgin Islands, et al. Petitions for rehearing denied. No. 80-951. Independent Federation of Flight Attendants, Petitioner v. Trans World Airlines, Inc., et al. Petition for rehearing denied. Jus- tice Stevens took no part in the consideration or decision of this petition.

No. 81-152. Jack Weit, James B. Cox and Robert W. McLallen, etc., Petitioners v. Continental Illinois National Bank & Trust Company of Chicago, et al. Petition for rehearing denied. Justice White took no part in the consideration or decision of this petition.

No. 81-1724. Chester R. Upham, Jr. and Eric Clifford, Appellants v.

A. M. Seamon, et al. The application for stay of the order of the United

States District Court for the Eastern District of Texas, entered April 5,

1982, and motion to recall the judgment issued April 1, 1982 are denied.

The petition for rehearing is denied.

No. 81-5905. Henry Lowe, Petitioner v. New York City Department of Social Services. The motion for leave to file a petition for rehearing is denied. 560 MONDAY, APRIL 19, 1982 Admissions to the Bar on Written Motions

Applicant City and State Movant

Bruce J. Ackerman Paramus, NJ Howard Stern Ronald J. Allen Iowa City, IA Barbara A. Schwartz James Thomas Angelos Fitchburg, MA David J. Sargent Norton L. Armour Minneapolis, MN John Dwyer French Dennis Anthony Baird Washington, DC Herbert 0. Reid Jeffrey Gilbert Balkin Los Angeles, CA Charles Alexander Legge Dennis N. Balske Montgomery, AL John L. Carroll Adrionne Darlene Beasley Oakland, CA John M. Cooper Edward Henry Beck Larchmont, NY Frederick A. Pfirrmann Robert F. Belluscio New York, NY Steven Eric Breitman Mark K. Benenson New York, NY Clifford Richard Schuman Frederick John Biel Beeville, TX D. Dean Patton Douglas C. Blomgren St. Paul, MN Warren Spannaus Howard M. Bloom Boston, MA Jay S. Siegel Daniel Gordon Blythe Cheyenne, WY Richard Clarke Wolf Kenneth William Boyd Cleburne, TX Charles Christopher Cooke III John Michael Bradford Beaumont, TX James William Mehaffy Jr. S. George Bromberg Boston, MA James F. Meehan Catherine W. Brown Washington, DC Michael Boudin Albert Davis Bugg Jr. Richmond, VA Edward Archibald Marks Jr. Thomas Michael Burke Orlando, FL Sammy Cacciatore David Alexander Knoxville, TN Kenneth Lawing Burkhalter II Penegar John Robert Byrnes Madison, WI John W. Byrnes Ronald Edmund Cabaniss Orlando, FL Sammy Cacciatore William Stuart Calwell Jr. Charleston, WV Donald Randolph Wilson MONDAY, APRIL 19, 1982 561

Applicant City and State Movant

Charles D. Castrigano Cleveland, OH James E. Konchan Jeffrey Frank Chamberlain Rochester, NY Lawrence T. Kurlander Richard A. Cirillo New York, NY William F. Koegel Dwight P. Colburn Sharon, MA David J. Sargent Harry Guyton Collier Jr. Washington, DC Patrick Knight O'Hare John Clay Corbridge Denver, CO Virgil D. Dohe Alexander C. Cordes Buffalo, NY Paul F. Jones Frank R. Cote Sherborn, MA Judge Joseph F. Feeney Charlotte Crane Chicago, IL Richard Bromley Peter G. Crary Albany, NY Jeremiah Jochnowitz Judith A. Craven Boston, MA Joseph H. Elcock Jr. Daniel M. Crawford San Francisco, CA Ronald Yank John Robert Cunningham Phoenix, AZ Craig Raymond Kepner Melanie Stewart Cutler Washington, DC Sanford M. Litvack Anthony C. D'Antonio New Orleans, LA Robert J. Stamps Mary E. Dacey Boston, MA Roberta Thomas Brown Frank R. Davis Brockton, MA James P. Murray Michael F. Debitetto Leominster, MA David J. Sargent Spencer Long Depew Wichita, KS Dennis L. Gillen John E. Deschenes Boston, MA Michael P. Sullivan Sam DeFrank Chicago, IL Richard Bromley Robert J. DeGroot Newark, NJ Donald A. Robinson Robert N. DeLuca Philadelphia, PA Bruce W. Kauffman John E. DeVito Wellesley, MA David J. Sargent Henry M. Donlon Jr. Boston, MA David J. Sargent Patricia D. Douglass Washington, DC John F. Cooney Carla Sydney Doyne Austin, TX Rex Harding White Jr. 562 MONDAY. APRIL 19. 1982

Applicant City and State Movant

Ben Echeverria San Diego, CA Ralph D. Stern Robert P. Egermeier Canoga Park. CA Richard P. Radke Lewis Charles Eisenberg Quincv, MA Francis X. Bellotti A. Irene Elliott New York, NY Robert Louis Krasnow Richard W. Elliott Seattle, WA Richard H. Holmquist Sheldon Stanford Ellis Los Angeles, CA David L. Shane Patrick Charles English Clifton, NJ Aaron Dines A. B. Ewell Jr. Fresno, CA Robert E. Coyle Robert A. Falanga Atlanta, GA Bruce Warren Calmer Guy Cade Fisher Austin. TX Joe J. Fisher Mark Fitzsimmons Weymouth, MA David J. Sargent

A. Craig Fleishman Denver, CO Ronald I. Zall William R. Forrester Jr. New Orleans, LA Clement Murphy Moss Jr. Constance B. Foster Philadelphia, PA John M. Elliott Gary L. Gardner Kansas City, MO James William Fletcher Marvin E. Garrett Los Angeles, CA Kyle David Brown John William Gelder Washington, DC Robert P. Griffin William J. Gibbons Chicago, IL James Alan Chemey Richard Frederic Gibbs Boston, MA David J. Sargent Herman M. Goldberg New York. NY Eileen Maroshick David E. Goodman Hollywood, FL Donald J. Kisslan James A. Gorry III Norfolk, VA Gerard E. W. Voyer Abraham Greenspan New York. NY Melvin L. Wulf James Sanders Guignard Columbia, SC Julius Walker McKay James Donald Gunderson San Jose, CA Arthur J. Jr. Goldberg Michael P. Hall Manchester, NH Stanley M. Brown Richard F. Hamlin Marina del Rev. Donald Martin CA Fenmore Stephen L. Hammerman New York, NY William P. Rogers MONDAY, APRIL 19, 1982 563

Applicant City and State Movant

William Frederick Haug Phoenix, AZ Solicitor General Rex E. Lee Irwin H. Haut New York, NY Dennis Rapps Randall Stone Hawthorne Williamsburg, VA Joseph Anthony Abdelnour Patricia A. Hill Dallas, TX Morris Harrell David Carlson Hoover Boston, MA Clifford E. Elias Robert Garold Hoy Fargo, ND Randy Hale Lee James Mitchell Hutchinson Radnor, PA Stanley Lawrence Arabis Samuel Shepard Jones Jr. Washington, DC Carl Walter Schwarz Natalie J. Kaplan New York, NY Eileen R. Kaufman Henry G. Kara Boston, MA David J. Sargent Lawrence Allen Katz Phoenix, AZ Robert Eugene Barton Allen Joseph Stewart King San Francisco, CA George Morgan Duff III Terence A. Kippen Denver, CO Harvey W. Shaver III W. L. Kirk Jr. Orlando, FL Sammy Cacciatore Steven A. Kivo Encino, CA Gerald Lewis Bass Michael Steven Klein Los Angeles, CA Richard Allen Weisz Robert Mark Klein Louisville, KY David L. Gittleman John M. Kobayashi Denver, CO William Hurt Erickson Thomas Walter Kober Staten Island, NY John Stephen Zachary Louis Brandeis Kupperman Philadelphia, PA John M. Elliott Gary A. Laff Chicago, IL Judge Reginald J. Holzer Thomas Edward Lammert Akron, OH Howard Edward Mentzer William P. Langdale Jr. Valdosta, GA J. Converse Bright 564 MONDAY, APRIL 19. 1982

Applicant City and State Movant

John H. Latshaw Jr. Boston, MA Marc A. Comras Tonquin Gaines LaGrone Orlando, FL Robert William Simmermon Don W. Ledbetter Dallas, TX Paul Joseph Franzetti Michael A. Leversen Santa Ana, CA Robert Philip App Donald Marion Lewis St. Paul, MN Thomas M. Keeling Stephen M. Limon Boston, MA Michael Russell Klipper Daniel W. Linehan Madison, WI Richard J. Lipson Gregory Arnold Loken Littleton, CO Edmund Joseph Burns Curtis Monroe Long Tulsa, OK Robert A. Huffman James H. Looney New Orleans, LA Julian Rollins Murray Jr. James F. Lorimer Madison, WI Henry A. Field Jr. Donald Fredrick MacLellan Arlington, MA David J. Sargent Thomas Owen Magan Evansville, IN Harry P. Dees Dennis C. Mahoney Quincy, MA George G. Burke II F. Lee Major III Kansas City, MO David Richard Schlee William T. Marshall Jr. New York, NY William P. Rogers Jeffrey N. Martin Washington, DC Endicott Peabody Margaret Pendleton Pearso New Haven, CT Richard Mason Greenwood Bell Patrick Bischof Mathis Belleville, IL John J. Vassen Valentino D. B. Mazzia Denver, CO Kenneth L. Knapp Catherine Mary Ann New York, NY Curtis R. Reitz McCauliff Lucinda Omea McConathy Washington, DC John C. Christie Jr. John Greer McGarr Jr. San Antonio, TX Van H. Johnson Ronald E. McKinstry Seattle, WA Peter D. Byrnes Robert Alexander McMillan Longwood, FL Nikki Margo Clayton MONDAY, APRIL 19, 1982 565

Applicant City and State Movant

Ignatius John Melito New York, NY Thomas R. Newman Franklin N. Meyer New York, NY George R. Hinckley Harriet E. Miers Dallas, TX John Lancaster Estes

Jay W. Miller Baltimore, MD David I. Pincus John A. Mitchell San Diego, CA Jim Sullivan Marie Terry Monahan Newtonville, MA Peter F. Harrington Jr. Bruce P. Moore Santa Fe, NM Mary Coon Walters Cecilia Sue Hufstedler Dallas, TX Peter Samuel Morgan Chantilis Richard John Morrison Boston, MA Michael P. Sullivan James B. Muskal Chicago, IL Gerald Rose Robert A. Nagy Elyria, OH Adrian Francis Betleski Michael E. Nannes Washington, DC Sidney Dickstein Carl W. Northrop Washington, DC Norman Edward Jorgensen Peggy Roslyn Oclick Rockville, MD Joan Moser Goeringer Walter Ottesen Towson, MD Hugh A. Chapin Clark V. Owens 11 Wichita, Kb Terry George Paup R. Gordon Pate Birmingham, AL Francis H. Hare Jr. Charles Whitney Pedersen Winchester, MA David J. Sargent Ben Peeples Charleston, SC William L. Runyon Jr. William John Peggs Wichita, KS Terry George Paup Charles England Perry Wichita Falls, TX Charles Gary Southard Frank J. Peterpaul Springfield, NJ John H. Yauch Jr. Jeffrey J. Phillips Swampscott, MA David J. Sargent y

566 MONDAY. APRIL 19. 1982

Applicant City and State Movant

James Timothy Phoenix Tulsa. OK Sheppard F. Miers Jr. John McPherson Pinckney San Antonio. TX John E. Clark III Moran McLelland Pope Jr. Hattiesburg. MS Frank Douglas Montague Jr. James B. Pritikin Chicago. IL Henry John Hyde Robert 8. Raymar Newark, NJ Bernard Hellring George William Rendle Jr. Topsfield. MA John Evans Peter A. Ricciardelli Telluride, CO Ira C. Rothgerber Jr. Alexander Riesenkampff Philadelphia. PA Thomas Squires Weary Ralston Permar Roberts San Francisco. CA Peter Van Shackter Linda Janet Rudnick Portland, OR Charles Ready Williamson III Paul J. Ryan Cambridge. MA David J. Sargent Gilbert E. Schill Jr. Richmond. VA John S. Battle Jr. Howard Gary Schlesinger Livingston. NJ Robert H. Jaffe Arthur Schneider Hagerstown. MD Michael G. Day Marc Frazier Scholl New York. NY Mark Ryan Dwyer Robert S. Scuderi Los Angeles. CA Vincent Fish John Philip Sheridan Dearborn. MI Jerald David Shatzman Alvin Harold Shrago Phoenix, AZ Judge Earl H. Carroll Kenneth M. Simon Washington. DC George Kaufmann Malcolm Percy Smith Atlanta. GA N. Forrest Montet R. Gordon Smith Richmond. YA John S. Battle Jr. Wilbur C. Smith III Fort Myers. FL Steven Can a Jan D. Sokol Portland, OR Elizabeth Yeats Richard A. Sosis Brooklyn. NY Michael A. Gentile James Dilling Sparks Jr. Monroe. LA Murphv Blackwell Jr. Gerald Leonard Spence Jackson. WY Wilham Henry Cabell Yenable Thomas Byron St ale Little Rock. AR Philip K. Lyon MONDAY. APRIL 19. 1982 567

Applicant City and State Movant

Lloyd Douglas Stansberry Alvin, TX Alton C. Todd Mary Elizabeth Stanton Boston, MA John J. Desmond III Rory S. Stein Miami, FL Elliot H. Scherker Michael Rodney Stetson Torrance, CA Stanley Edward Remelmeyer James David Strader Pittsburgh, PA Phillip J. Sheehe Risa Sue Sugarman Bronx, NY Mario Merola Paul Robert Sullivan Brockton, MA James R. Lawton Ronald Steven Taft New York, NY Peter A. A. Berle Walter Emil Teague III Los Angeles, CA Raymundo Campos Quiroz Frederick Bruce Tedford Vernon, CT Michael Dennis O'Connell Edward F. Thompson Delavan, WI Frank W. Hammett John M. Tira Coal City, IL Douglas L. Ziech Ko-Yung Tung New York, NY Adam Yarmolinsky Nicholas J. Turco Newark, NJ Donald A. Robinson Archie D. Typadis Boston, MA David J. Sargent Barry David Umansky Washington, DC Erwin G. Krasnow Paul Howard Vallandigham Urbana, IL Robert G. Frederick Thomas P. Vitolo Springfield, NJ John H. Yauch Jr. Dennis Joseph Wall Orlando, FL Sammy Cacciatore Archibald Wallace III Richmond, VA Edward Archibald Marks Jr. T James Hamilton W alsh Richmond, VA J. Robert Brame III William Thomas Walsh Boston, MA Paul K. Leary Leo R. Ward Cleveland, OH Donald Fought Black Eric Jay Weiss Wayne, NJ Nicholas J. LaRocca Allan H. Weitzman New York, NY Edward Silver Gregory Allen White Elyria, OH Hubbard C. Wilcox 568 MONDAY, APRIL 19. 1982

Brenda Gale Willett Nacogdoches, TX Curtis B. Stuckey Francis Joseph Willy Jr. Phoenix, AZ Rudolph Joseph Gerber John W. Wood San Diego, CA John W. Witt Joseph L. Yannotti Bogota, NJ Michael R. Cole Christopher T. Zakrzewski Chicago, IL Leon Jaworski Andrew Jay Zuckerman New York, NY Robert Louis Krasnow

Admissions to the Bar on Oral Motions

Nicholas H. Holmes Jr. Chillicothe, OH Randal Cornell Teague Carl P. Hirsch Jr. Chillicothe, OH Randal Cornell Teague Steven J. Madonna Princeton, NJ Richard Alan Frandsen Robert A. Stenzel Chicago, IL J. Ralph King A. Malcolm N. Murphy Lucedale, MS William S. Murphy Robert Payne Shepard Lucedale, MS William S. Murphy

Oral Argument

No. 80-2102. Sheila Rendell-Baker, et al., Petitioners v. Sandra

Kohn, et al. Argued by Mr. Zachary R. Karol for the petitioners and by Mr. Matthew H. Feinberg for the respondents.

No. 80-2015. ASARCO Incorporated, etc., Appellant v. Idaho State Tax Commission. Argued by Mr. George W. Beatty for the appellant and by Mr. Theodore V. Spangler, Jr. for the appellee.

No. 80-1745. F. W. Woolworth Co., Appellant v. Taxation and Reve- nue Department of the State of New Mexico. Argued by Mr. William L. Goldman for the appellant and by Ms. Sarah E. Bennett for the appellee.

No. 81-349. Chicago Bridge & Iron Company, Appellant v. Caterpil- lar Tractor Co., et al. Argued by Mr. William P. Sutter for the appel- MONDAY, APRIL 19, 1982 569

lant, by Mr. Stuart A. Smith for the United States as amicus curiae, by special leave of Court, by Mr. Don S. Harnack for the appellees Cater- pillar Tractor Co., et al., and by Mr. John D. Whitenack for the appellee State of Illinois.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY, APRIL 20, 1982 571 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Powell, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant .

Henry Louis Judy Washington, DC Robert Tobin Lasky Gary S. Smuckler Washington, DC Robert Tobin Lasky Marilyn Eichler Nathanson Washington, DC Robert Tobin Lasky Maud Mater Washington, DC Robert Tobin Lasky

Opinions

No. 80-1594. United States, Petitioner v. Erika, Inc. On writ of certiorari to the United States Court of Claims. Judgment reversed and case remanded to the Court of Claims for further proceedings in conformity with the opinion of this Court. Opinion by Justice Powell.

No. 81-212. Richard S. Schweiker, Secretary of Health and Human

Services, Appellant v. William McClure, et al. Appeal from the United States District Court for the Northern District of California. Judgment reversed and case remanded to the United States District Court for further proceedings in conformity with the opinion of this Court. Opin- ion by Justice Powell. No. 80-1663. International Longshoremen's Association, AFL-CIO, et al., Petitioners v. Allied International, Inc. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice Powell.

Oral Argument

No. 81-450. United States, Petitioner v. Ricardo Valenzuela-Bernal. Argued by Mr. Carter G. Phillips for the petitioner and by Mr. Eugene G. Iredale for the respondent.

No. 80-2116. William Archie Williams, Petitioner v. United States. 572 TUESDAY, APRIL 20. 1982

Argued by Mr. Nickolas P. Chilivis for the petitioner and by Mr. Rich- ard G. Wilkins for the respondent, pro hac vice, by special leave of Court.

No. 80-1305. Alfred L. Snapp & Son, Inc., et al, Petitioners v. Puerto Rico, ex rel. Pedro Barez, Secretary of Labor and Human Re- sources. Argued by Mr. Thomas J. Bacas for the petitioners and by Mr. Paul A. Lenzini for the respondent.

No. 81-300. Ford Motor Company, Petitioner v. Equal Employment Opportunity Commission. Argued by Mr. John R. Wester for the petitioner and by Mr. David A. Strauss for the respondent, pro hac vice, by special leave of Court.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, APRIL 21, 1982 573 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Powell, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Pamela Knowles Lawrason Cumberland, ME George J. Mitchell Rachel Kaufman Chicago, IL Neil Greenbaum Greenbaum Carolee Grace Houser San Francisco, CA James Andrew Aiello Michael J. Costello Washington, DC DaCosta V. Mason Lawrence J. Stein Miami, FL Nevin Alan Weiner Joseph Patrick Piatt Jr. New York, NY P. Brennan Hart Charles Henry Becker Jr. Pittsburgh, PA P. Brennan Hart Opinion

No. 80-1666. John R. Larson, etc., et al, Appellants v. Pamela

Valente, et al. Appeal from the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Brennan. Con- curring opinion by Justice Stevens. Dissenting opinion by Justice White with whom Justice Rehnquist joins. Dissenting opinion by Justice

Rehnquist with whom The Chief Justice , Justice White, and Justice O'Connor join.

Oral Argument

No. 80-1012. Baxter Rice, Director, Department of Alcoholic Bever- age Control of California, Petitioner v. Norman Williams Company, et al;

No. 80-1030. Bohemian Distributing Company, Petitioner v. Norman

Williams Company, et al.; and

No. 80-1052. Wine & Spirits Wholesalers of California, Petitioner v. Norman Williams Company, et al. Argued by Mr. John R. McDonough for the petitioners in 80-1030 and 80-1052, by Mr. George J. Roth for the petitioner in 80-1012, and by Mr. George G. Weickharclt for all respondents. 574 WEDNESDAY, APRIL 21. 1982

No. 80-2205. Morgan M. Finley, Clerk of the Circuit Court of Cook

County, Illinois, Petitioner v. Toni Murray. Argued by Mr. Scott A. Mayer for the petitioner and by Mr. John S. Elson for the respondent.

No. 80-2195. United States, Petitioner v. Learley Reed Goodwin. Argued by Mr. Andrew L. Frey for the petitioner and by Mr. Paul W. Spence for the respondent.

No. 81-411. Jackson Transit Authority, et al., Petitioners v. Local Division 1285, Amalgamated Transit Union, AFL-CIO-CLC. Argued by Mr. Joseph S. Kaufman for the petitioners and by Mrs. Linda R. Hirshman for the respondent.

Adjourned until Monday, April 26, 1982 at 10 o'clock. x (JOURNAL) FRIDAY, APRIL 23, 1982 575 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshall, Justice Powell, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. A-889. Jeff Bingaman, et al., Applicants v. Bruce King, etc., et al. It is ordered that the order of the United States District Court for the District of New Mexico, in consolidated cases Nos. 82-67-M, 82^84-C, 82-180-C, 82-219-JB, and 82-246-JB, entered on April 13, 1982, be, and the same is hereby, stayed to the extent that that order applies to primary elections other than for state legislative offices, pending the timely filing and disposition by this Court of an appeal. This order shall have no effect on the orders of the United States Dis- trict Court for the District of New Mexico in the cases set forth above entered on April 5 and April 8, 1982, enjoining the primary filing dead- line for New Mexico state legislative election and adjudging the New Mexico apportionment plan unconstitutional.

(JOURNAL) MONDAY, APRIL 26, 1982 577 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. 81-1310. Anthony Ragno, Appellant v. Florida. Appeal from the District Court of Appeal of Florida, Fourth District. The appeal is dismissed for want of jurisdiction.

No. 81-1426. Frederick E. Bucheit, Appellant v. Rexford

Laudenberger, et al. Appeal from the Supreme Court of Pennsylvania, Western District. The appeal is dismissed for want of a substantial federal question.

No. 81-1609. Robert M. Helton, et al., Appellants v. City of Burkburnett. Appeal from the Court of Appeals of Texas, Second Su- preme Judicial District. The appeal is dismissed for want of a substantial federal question.

No. 81-1631. Robert Monroe Sheldon, Appellant v. Laura Lee Shel- don. Appeal from the Court of Appeal of California, Fourth Appellate District. The motion of appellee for damages and double costs is denied. The appeal is dismissed for want of a substantial federal question.

No. 81-1641. Republican National Committee, et al., Appellants v. Phillip Burton, et al. 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.

Certiorari—Summary Disposition

No. 81-1319. Carl White, Superintendent, Missouri Training Center for Men, Petitioner v. Douglas W. Thompson. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of United States

v. Frady, 456 U.S. (1982). 578 MONDAY, APRIL 26, 1982

Orders in Pending Cases

No. . West Virginia, Petitioner v. Secretary of Education, United States Department of Eduction. The motion to direct the Clerk to file the petition for a writ of certiorari is denied.

No. A-773. Owen W. Crumpacker, Applicant v. Indiana Supreme Court Disciplinary Commission. The application for stay addressed to Justice White and referred to the Court is denied.

No. A-861. Larry Mizell, Applicant v. Gary Welsh. The application for stay addressed to Justice Rehnquist and referred to the Court is denied.

No. 80-1690. American Medical Association, et al., Petitioners Fed- eral Trade Commission. The motion of American Dental Association for leave to file a brief as amicus curiae in support of petition for rehearing is denied. Justice Blackmun took no part in the consideration or decision of this motion.

No. 81-31. California, et al., Appellants v. Grace Brethren Church, et al.; and California, et al., Appellants v. Lutheran Church-Missouri

Synod, et al.;

No. 81-228. United States, et al., Appellants v. Grace Brethren

Church, et al.; and

No. 81-455. Grace Brethren Church, et al., Appellants v. United

States, et al. The motion of Grace Brethren Church, et al. for leave to file a supplemental brief after argument is granted.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. The motion of

American Booksellers Association, Inc., et al. for leave to participate in oral argument as amid curiae and for divided argument is denied.

No. 81-1095. John Paul Morris, Warden, Petitioner v. Joseph D. Slappy. The motion of respondent for leave to proceed further herein in forma pauperis is granted. The motion for appointment of counsel is granted and it is ordered that Michael B. Bassi, Esquire, of San Fran- cisco, California, is appointed to serve as counsel for the respondent in this case.

No. 81-1222. United States, Petitioner v. Generix Drug Corporation, et al. The motion of Generic Pharmaceutical Industry Association for leave to file a brief as amicus curiae is granted. The motion of Medicine in the Public Interest for leave to file a brief as amicus curiae is granted. The motion of The Proprietary Association for leave to file a brief as amicus curiae is granted. The motion of Pharmaceutical Manu-

facturers Association for leave to file a brief as amicus curiae is granted. MONDAY, APRIL 26, 1982 579

No. 81-5873. Thomas J. Innis, Petitioner v. Rhode Island. The order entered April 19, 1982, denying the petition for a writ of certiorari is amended to read as follows: The petition for a writ of certiorari is denied. Justice Marshall would grant certiorari.

Appeals-^Jurisdiction Noted

No. 81-1613. Memphis Bank & Trust Company, Appellant v. Riley C. Garner, Shelby County Trustee, et al. Appeal from the Supreme Court of Tennessee, Western Division. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-1120. United States, et al., Petitioners v. Richard W. Rylander, Sr., as President of Rylander & Co. Realtors, Inc., et al. The motion of respondent Richard W. Rylander, Sr. 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. 81-875. Alabama Hospital Association, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-905. Joseph D. Lazzara, Petitioner v. United States;

No. 81-956. Jimmy Farina, Petitioner v. United States;

No. 81-1458. Joseph C. Russello, Petitioner v. United States;

No. 81-5700. Joseph Macaluso, Petitioner v. United States;

No. 81-5716. Frank Scionti, Petitioner v. United States;

No. 81-5748. Amalia Morgado, Petitioner v. United States;

No. 81-5820. John D. Fisher, Petitioner v. United States;

No. 81-5826. Robert D. Young, Petitioner v. United States; and

No. 81-5865. Rosario Palermo, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1185. Richard Lawrence Stevenson, Petitioner v. Grentec,

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

No. 81-1281. Nelda Sanchez, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. 580 MONDAY, APRIL 26, 1982

No. 81-1308. Stephen L. McMurtry, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1339. Phillip John Ellsworth, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1379. Ceat, S.p.A., Pneumatici, Petitioners. Dalton Bryant. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 81-1409. Gwynith Raymer, etc. and Marilyn Gill, etc., Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1411. Fred W. Phelps, Sr., Petitioner v. Kansas Supreme

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

No. 81-1425, Public Utilities Commission of Colorado, Petitioner v. Federal Energy Regulatory Commission, et al Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied. No. 81-1432. Larry Levenson, Harry Gordon and Frank Pernice, Pe- titioners v. United States; and

No. 81-1507. Alan Feinberg, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1449. Lora E. Loge and Roger S. Loge, Petitioners v. United

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

No. 81-1538. Michael Rudy Tham, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1571. Geraldine G. Hall, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1593. Incorporated Trustees of the Gospel Workers Society, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1602. J. D. Watkins, Petitioner v. Pentzien, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1604. Samuel G. Chia, Petitioner v. Westinghouse Electric MONDAY, APRIL 26, 1982 581

Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1606. James M. Regan, Petitioner v. Martin J. Conroy, Chief of Police of the Village of Schaumburg. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-1607. Jack Husted, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 81-1610. Donald Edwards, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-1612. St. Louis Southwestern Railway Company, Petitioner v. Brotherhood of Railway Signalmen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 81-1620. Norman Vineberg and Douglas Todd Parker, Petition- ers v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-1624. D. E. Baker, et al., Petitioners v. Amsted Industries, Incorporated and United Steelworkers of America. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1633. The Gap Stores, Inc., Petitioner v. Sailor Music, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1634. W. B. Gibson Company, Petitioner v. DuBrook, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1640. Hilliard L. Lubin, et ux., Petitioners v. Edinburgh In- surance Company, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1645. Illinois Bell Telephone Company, Petitioner v. Charles A. Getto, etc., et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-1646. Paul R. Kitch, Petitioner v. Victor Delano, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1650. City of Cincinnati, Petitioner v. Alan R. Jones, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 81-1656. Curlee Bowers, Petitioner v. St. Louis Southwestern Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 582 MONDAY, APRIL 26, 1982

No. 81-1676. Andy Jerguson, etc. , Petitioner v. Blue Dot Invest- ment, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1737. Kim Edward Minis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1764. Ronald Edgar Veatch, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1768. Douglas Boss, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1773. Roy Calhoun and Joseph Minoglio, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1783. Richard Hebel and Carlyle Merritt, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1789. Edward M. Gilbert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1796. Billy Thomas Coward, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6045. Benny Shaffner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-6142. William Rodriguez, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-6145. Karriem Wali Muhammad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6161. Darryl Guy Agurs, Petitioner v. 0. J. Keller, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6271. James Harrison Barham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. MONDAY, APRIL 26, 1982 583

No. 81-6297. Gary Lee McColpin, Petitioner v. Paula C. Eikelbloom, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 81-6299. George Henry Smith, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-6300. Joseph Jude Oliver, Petitioner v. Julius T. Cuyler, Su- perintendent, State Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6307. Paul Draper, et al., Petitioners v. Janice E. Prescott, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 81-6308. Earnest Lee Thomas, 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. 81-6311. Peter James Atherton, Petitioners. Anne N. Atherton. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-6314. Frederick Martin, 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. 81-6315. Joe Cleven Medley, Petitioner v. Samuel P. Garrison, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81-6318. Alexander A. Artway, Petitioners. Paul R. Kramer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6320. Gerald L. White, Petitioner v. Washington Metropoli- tan Area Transit Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-6322. Pearly Wilson, Petitioner v. Arnold R. Jago, Superin- tendent, Southern Ohio Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6326. Neil Richard LaMountain, Petitioner v. Robert R. Raines. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. 584 MONDAY, APRIL 26, 1982

No. 81-6327. James W. Brown, Petitioner v. David R. Harris, Super- intendent, Greenhaven Correctional Facility, et aL Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6334. Salvatore LaMantia, Petitioner v. New York. Petition for writ of certiorari to the Appellate Term of the Supreme Court of New York, Ninth and Tenth Judicial District, denied.

No. 81-6335. Susan Jerald, Petitioner v. Daniel O'Rourke. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6336. Clement Dently, Petitioner v. James R. Irvin, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6337. Paul DeWitt, Petitioner v. John R. Manson, Commis- sioner, Connecticut Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6339. Lamont R. Birden, Petitioner v. Harold J. Smith, Su- perintendent of the Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6341. Norman A. Plotkin, Petitioner v. William Gruman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6349. Freddie J. McZeal, Petitioner v. Ross Maggio, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-6362. Ernest Smith, Jr., Petitioner v. Darryl B. Cohen. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6390. James Douglas Griffin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6398. J. B. Stell Gaines, Sr., Petitioner v. Attorney General

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

No. 81-6418. Thomas Edward Ward, Petitioner v. Ellis MacDougall, Director, Arizona Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, APRIL 26, 1982 585

No. 81-6442. Jerome H. Strager, Petitioner v. United States District Court for the Central District of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6443. Maynard Dare Parcell, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6451. Kenyon Battles Tolerton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6452. Leo Mayo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied.

No. 81-6455. Richard Flowers, Petitioner v. Charles Scully. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-6465. William McBee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-907. Sam C. Martino, Petitioner v. United States. 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 Eleventh Cir- cuit denied.

No. 81-1291. Maryland, Petitioner v. Robert Lamont Bryant. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 81-1659. John C. Watkins, Commissioner, Mississippi Depart- ment of Corrections, et al., Petitioners v. John Lewis Washington. 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. 81-6243. Alfred Douglas Jones, Petitioner v. William J.

Leidinger, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Marshall and Justice Blackmun would grant certiorari.

No. 81-6301. Timothy George Baldwin, Petitioner v. Frank C. Black- burn, Warden, et al. 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. 586 MONDAY. APRIL 26, 1982

No. 81-6304. Roger Collins, Petitioner v. Walter D. Zant, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 81-6316. In Re J. T. Rembert, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 81-1239. Wayne Stephens, et al., Petitioners v. Elwood W. Black, Sr., et ux.;

No. 81-1329. Sarah D. Bollotin, Petitioner v. Richard M. Schwartz, et al.;

No. 81-6055. Olga Hernandez, Appellant v. Department of Labor and Human Resources, et al.;

No. 81-6083. Stanley M. Juras, Petitioner v. Aman Collection Serv- ice, Inc.;

No. 81-6106. Richard C. Ivey, Petitioner v. Alaska;

No. 81-6147. Gordon Francis Hall, Petitioner v. Ida Louise Thomas; and

No. 81-6208. Stephen J. Stoute, Petitioner v. United States, et al. Petitions for rehearing denied.

No. 80-1681. Village of Hoffman Estates, et al., Appellants v. Flipside, Hoffman Estates, Inc. Petition for rehearing denied. Justice Stevens took no part in the consideration or decision of this petition.

No. 81-415. The Casbah, Inc., et al., Petitioners v. Charles Thone, et al. Petition for rehearing denied. Justice Stevens took no part in the consideration or decision of this petition.

No. 81-1012. Insurance Company of North America, Petitioner v. Keene Corporation, et al.; No. 81-1197. Hartford Accident & Indemnity Company, Petitioners. Keene Corporation, et al.;

No. 81-1298. Aetna Casualty and Surety Company, Petitioner v. Keene Corporation, et al.; and

No. 81-1328. Liberty Mutual Insurance Company, Petitioner v.

Keene Corporation, et al. Petition for rehearing denied. Justice Bren- nan took no part in the consideration or decision of this petition.

No. 81-1141. Donald Ribotsky, Petitioner v. United States. The motion for leave to file a petition for rehearing is denied. MONDAY, APRIL 26, 1982 587

No. 81-1500. In Re Janice Ching Yee, Petitioner. The petition for rehearing and all other relief is denied.

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, May 3, 1982, until Mon- day, May 17, 1982.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Richard L. Adams Dallas, TX Jos. Irion Worsham

Robert Bardwell Adelman Rri H p-pnort C!T OLC W dl \j A. Edelstein

Samuel Marston Allen V^lllLlIlIldLl, wn

Michael Alpart liflLacnsciv.iv,T-TapkpTT^pplc ixyN.T O vJJLlll J_iUUlo

VV ClLIloCl

Philip Alvin Angell Jr. Randolnh VT David .T Sflvcrpnt John Bertolotti Jr. Mnhilo AT William Leon Bowe Philadelphia, PA Mark David Schaffer Methuselah Zackariah Othe Philadelphia, PA Robert Thomas Bradley IV Richards Richard David Butler Arlington, MA Robert J. Annese Emily Elspeth Cameron Topeka, KS Charles V. Hamm Louis Kerford Campbell Fincastle, VA James Muir Roe Jr. Frank Alexander Woodbury, NJ Fred A. Gravino Christaudo David Patten Cole Columbia, SC George M. Lee Jr. Philip A. Contant Springfield, MA David Gregory Sacks James B. Crummett Philadelphia, PA Mark David Schaffer Thomas J. DeMay Chicago, IL Thomas M. Genovese 588 MONDAY. APRIL 26. 1982

Applicant City and State Movant rninp rienri ueiuiK ruyanup, wa Dennis Sanford Harlowe

TT 1 ~L H/f bteven ivi. JJitto Oklahoma City, rlerbert M. uiv Graves Richard J. Dolack Tacoma, WA Edward Marshall Lane Allan r rank Elmore i5rooKiyn, in i Uavicl w. relKey John C. Eyster Decatur, AL Norman West Harris P*ci CI J_/UIlalU JjI ULc r IcUlcI Wlllculd., IN J_> JjcIlIlcLLrmott vjr. Hornstein

Jeanne M. rornens ivimneapons, iviin Jonathan H. Morgan Of i\/r a Kenneth B. Freedman btOW , iVIA David £u. Gutnro

Lawrence Elliott Fuentes lampa, r L> Jonn rnuiip urnnn Henry F. Furst Newark, NJ Raymond A. Brown Carolyn L. Games r niiaaeipnia, rA Joe Robert Laiciw eii jr. Edward V ernon Ferrell Wmston-Salem, William Thomas bienn Graham

Bruce I. Goldstein Newark, NJ Samuel S. Saiber Bruce Michael Green Calera, AL William Eason iviitcneii

\ A n o n 1 n /~\ vi Til 0 Ucl i-jaUIcIlCc Vjlctillfc? VV aMUIlg IUI1, X dUl Am i-iCllZllJi xvicnaro .ceri meene west r aim ceacn, L/iaig oteu dTi

r L> Barnard Kicnarci .Lyie u-rnntn nonoiuiu, rii wiiiiam Pinion Swope

Norman Paul Hagemeyer ALempnis, lisi unman t^. uarroii Mmv YnvV MY jiai k j . rianion .l\ e v\ I 01 K, AN I o UIlll xVlIlg McGrane

P 011 l TT Terence Delmar Harrington beattle, WA raul ri. HaiTington Jr. Steven Douglas Hawn south St. raul, Vance B. Grannis MN Jr. J. Dean Heller Los Angeles, CA C. Stephen Howard MONDAY, APRIL 26, 1982 589

Applicant City and 'State Movant

Louise Lark Hill Toledo, OH Solicitor General Rex E. Lee Don Lewis Horwitz New York, NY William P. Rogers Thomas D. Hunter Columbus, OH Steven Leslie Gardner Ann E. Isaac Summit, NJ Robert J. Attaway Andre R. Jaglom New York, NY Jay H. Topkis Richard Alan Johnson Washington, DC Bruce L. Montgomery Robert Jones Haddonfield, NJ Robert J. Attaway Gerald S. Kalkanian Villa Park, IL Richard Welton Culver

Alan I. Karten Miami, FL David B. Javits Guitta Karubian-Ellison Beverly Hills, CA Barry Bernstein John P. Kelly Fort Lauderdale, William Monteith FL O'Bryan Stephen T. Kessman Randolph, MA David J. Sargent Albert C. Kreischer Jr. Tampa, FL John Phillip Griffin Ronald Clark Kyger Huntington, WV Edgar Ferrand Rummel Dennis M. Laccavole Stamford, CT Charles W. Fleischmann Alton J. Landsman New York, NY Emanuel Richard Gold William Jennings Lane III Sioux City, IA Robert V. Broom James T. Latting Oklahoma City, Rex Edgar OK Herren Kenneth A. Layton Seymour, IN Edward P. Eisner Jr. Robert Leinbach Leininger Philadelphia, PA George M. Brodhead Jr. Eleanor J. Lewis Princeton, NJ John F. McCarthy Jr. Donald E. Loveless Atlanta, GA Glower Whitehead Jones Jane Elizabeth Lovell San Francisco, CA Arthur J. Goldberg 590 MONDAY, APRIL 26. 1982

Applicant City and State Movant

Carolyn Barefield Luedke Houston, TX Neil Gibson Martin James M. Maloney Mineola, NY John King McGrane Thomas C. Mazza New York, NY John E. F. Wood John P. McGloin Lynn, MA David J. Sargent John J. McLoone Jr. Mineola, NY John King McGrane Michael E. McMahon Lynn, MA Richard Meade Riley Cesar E. Mercado Santaella San Juan, PR Pelayo Rafael Lorie Velasco Marc J. Miller Lynnfield, MA Richard Giles Remmes Larry Michael Moore Fort Worth, TX Jack Vernon Strickland Jr. Pamela Jean Moore Fort Worth, TX Allan K. Butcher Mary Frances Ann Morris New York, NY Jesse J. Graham II William Hughes Mulligan New York, NY John Murray Nannes Denis J. Murphy Mineola, NY John King McGrane Henry L. Murphy Jr. Hyannis, MA David J. Sargent Stephen F. Noser Houston, TX David L. Zuber Raymond V. O'Connor New York, NY Thomas Richard Kennedy Gregory Robert O'Meara Boston, MA James Roosevelt Jr. James C. O'Shea Utica, NY Gerald T. McDonald

William D. Okrent Enterprise, OR Charles I. Okrent Lewis W. Page Jr. Birmingham, AL Robert McDavid Smith John H. Parker White Plains, NY Kieron F. Quinn Gary Stephen Parsons Raleigh, NC Kenneth F. Wooten Jr. Joseph Burl Phillips Stockton, MO Robert McClure Lindholm MONDAY, APEIL 26, 1982 591

Applicant City and State Movant

Robert F. Pilicy Boston, MA David J. Sargent T T " 1 1 * „_ T~> TT' 1 Michael A. Podolski Dedham, MA Williamf „ B. Hickey James C. Pratt Atlanta, GA Michael J. Bowers John David Price Jackson, MS Sherwood Willing Wise James W. Redlich Chicago, IL Francis Anthony Gembala Marjorie Weinberg Rooney Staten Island, NY Peter J. Napolitano

Gerald A. Rosenthal Boston, MA Paul r . Hannah Mark M. Rossow New York, NY rlaven Roosevelt Edward A. Rudley Philadelphia, PA iviarK u avia bcnaiier James Robert Safley Minneapolis, MN Elliot b. Kaplan Richard P. Santino Boston, MA David J. Sargent T 1 HIT i ri i (* 1 1 Joel Mark Schoenfeld New York, NY Jules Edwin Yarnell Michael A. Shea Honolulu, HI William Milton Swope Mark L. Silverstein New York, NY John Gardner John G. Sobieski Los Angeles, CA Joseph Lucian wyatt Jr. Frederick M. Stanczak Williamsport, PA Ann b. Pepperman A. L. Tanz Los Angeles, CA Sam Rosenwein Joshua Teverow Providence, RI David J. Sargent John Ashford Thompson San Jose, CA Nordin F. Blacker Eugene E. Threadgill Washington, DC William R. Connole Roberts Vaux Hilton Head William Lamar Island, SC Bethea Jr. Adam Walinsky New York, NY Joseph S. Hellman Ansley Watson Jr. Tampa, FL David 0. G. Kerr Keith M. Werhan New Orleans, LA Dennis Gange Linder Thomas D. White New York, NY Howard W. Rachlin 592 MONDAY. APRIL 26. 1982

Applicant City and State Movant

Beth A. Whittier Vail, CO George Rosenberg Carl Bruce Wilkerson Bethesda, MD Edward J. Zimmerman Robert Wayne Williams Radnor, PA Robert O'Neill Lewers Robert L. Winslow Los Angeles, CA Gregory Radin Smith

Admissions to the Bar on Oral Motions Stephen A. Brandenburger Sacramento, CA Robert T. Matsui Stephen Lawrence New York, NY Bennett Boskey Dreyfuss Henry G. Klein Hobojken, NJ Elliot Schulder Nathan Kittner Teaneck, NJ Elliot Schulder

Oral Argument

No. 81-614. Danny L. Griffin, Petitioner v. Oceanic Contractors, Inc. Argued by Mr. Robert A. Chaffin for the petitioner and by Mr. Theo- dore Goller for the respondent.

No. 81-534. John O'Dell, et al, Petitioners v. Andrew- Espinoza, etc., et al. Argued by Mr. Theodore S. Halaby for the petitioners and by Mr. Scott H. Robinson for the respondents. No. 81-574. General Telephone Company of the Southwest, Peti- tioner v. Mariano S. Falcon. Argued by Mr. Noyes Thompson Powers for the petitioner and by Mr. Frank R. Hernandez for the respondent.

No. 80-2070. Sumitomo Shoji America, Inc., Petitioner v. Lisa M. Avagliano, et al; and

No. 81-24. Lisa M. Avagliano, et al., Petitioners v. Sumitomo Shoji America, Inc. Argued by Mr. Abram Chaves for Sumitomo Shoji Amer- ica, Inc., by Mr. Lewis M. Steel for Avagliano, et al., and by Mr. Law- rence G. Wallace for the United States as amicus curiae by special leave of Court.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY. APRIL 27. 1982 593 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

Thomas Brown Ritchie Upland, CA Rex E. Lee Solicitor General Michael Haywr ood Reed Philadelphia, PA Gail Patricia Granoff Bruce Chadwick Conybeare St. Joseph, MI Elden W. Butzbaugh Jr. Thomas LeRoy Booker Jr. Philadelphia, MS Laurel G. Weir Martin Roy Robles Alhambra, CA Harry Boxer David Peter Arrow Albuquerque, NM Richard Mayore Weintraub Darra Lynn Rayndon Albuquerque, NM Richard Mayore Weintraub

Opinions

No. 81-622. Southern Pacific Transportation Co., Petitioner v. Com- mercial Metals Co. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. No. 80-1190. Pullman-Standard, A Division of Pullman, Incorpo- rated, Petitioner v. Louis Swint and Willie Johnson, etc.; and No. 80-1193. United Steelworkers of America, AFL-CIO, et al, Pe- titioners v. Louis Swint and Willie James Johnson. On writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Judg- ment reversed and cases 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. Dissent- ing opinion by Justice Marshall, with whom Justice Blackmun joins, except as to Part I. 594 TUESDAY, APRIL 27, 1982

No. 80-1990. Caspar W. Weinberger, Secretary of Defense, et al., Petitioners v. Carlos Romero-Barcelo, 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 White. Concurring opinion by Justice Powell. Dissenting opinion by Justice Stevens.

Oral Argument

No. 81-389. Union Labor Life Insurance Company, Petitioner v. A. Alexander Pireno; and

No. 81-390. New York State Chiropractic Association, Petitioner v. A. Alexander Pireno. Argued by Mr. T. Richard Kennedy for the petitioners, by Ms. Susan M. Jenkins for the respondent, and by Mr. B. Barry Grossman for the United States as amicus curiae, by special leave of Court.

No. 81-451. Ralph Hathorn, et al., Petitioners v. Mrs. Bobby

Lovorn, et al. Argued by Mr. James C. Mayo for the petitioners, by Mr. William Bradford Reynolds for the United States, as amicus curiae, by special leave of Court, and by Mr. Laurel G. Weir for the respondents.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. Argued by Mr. Robert M. Pitler for the petitioner and by Mr. Herald Price Fahringer for the respondent.

No. 81-150. Northern Pipeline Construction Co., Appellant v. Mara- thon Pipe Line Company and United States; and

No. 81-546. United States, Appellant v. Marathon Pipe Line Co., et

al. Argued by Mr. Solicitor General Rex E. Lee for the United States, by Mr. John L. Devney for the Northern Pipeline Construction Co.,

and by Mr. Melvin I. Orenstein for Marathon Pipe Line Co.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, APRIL 28, 1982 595 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: "Before we open our regular proceedings this morning on this, the last day of oral argument for the 1981 Term, we pause to note with sad- ness, the death of our colleague former Justice Abe Fortas in his 72nd year. Justice Fortas served on this Court from 1965 to 1969 after a rich and unusually varied experience in government, in private practice and a variety of activities relating to the law. He served as a legal adviser to the United Nations Organization and the American delegation to that Conference at San Francisco, as a visiting professor of law at the Yale Law School and a periodic lecturer at other law schools. His career in government at a very early age included service as General Counsel of the Public Works Administration under President Roosevelt and as Un- dersecretary of the Interior. After his return to private practice, he served from 1970 until the time of his death as a member of the very important Committee on Appellate Rules of the Judicial Conference of the United States. He had appeared as counsel at this lecturn often, and his final appearance in this Court was on March 22, 1982—barely two weeks before his death." "The record will show that the recess of the Court on this final day of oral argument of the Term will be in memory of Justice Fortas, and in the October Term coming, there will be the traditional memorial service in this Chamber."

Admissions to the Bar on Oral Motions

Applicant City and State Movant

JoAnn J. Bordeauz Seattle, WA Earl H. Stockdale Jr. Neal Raymond Hersh Beverly Hills, CA Betty A. Thompson John Edward Dewane St. Joseph, MI Elden W. Butzbaugh Jr. John C. Wohlstetter Washington, DC Thomas Louis Jones Harold Benedict Shore Los Angeles, CA Aaron Martin Peck 596 WEDNESDAY, APRIL 28, 1982

Applicant City and State Movant

Ronald A. Marks Los Angeles, CA David Harold Marlin Joseph Monte Miller Los Angeles, CA Thomas Peter Gies

Oral Argument

No. 80-2162. Ramah Navajo School Board, Inc., et al., Appellants v. Bureau of Revenue of New Mexico. Argued by Mr. Michael P. Gross for the appellants, by Mr. Louis F. Claiborne for the United States as amicus curiae, by special leave of Court, and by Mr. Jan Unna for the appellees.

No. 81-497. Summit Valley Industries, Inc., Petitioner v. Local 112, United Brotherhood of Carpenters and Joiners of America. Argued by Mr. Donald C. Robinson for the petitioner and by Mr. David S. Paull for the respondent.

No. 81-770. Barbara Blum, etc., Appellant v. Jeanne Bacon, etc., et al. Argued by Mr. Robert S. Hammer for the appellant and by Mr. Martin A. Schwartz for the appellees.

No. 81-750. Fidelity Federal Savings and Loan Association, et al.,

Appellants v. Reginald D. de la Cuesta, et al. Argued by Mr. Ernest Leff for the appellants, by Mr. Stephen M. Shapiro for the FHLBB and FHLMC as amicus curiae, by special leave of Court, and by Mr. Rob- ert E. Boehmer for the appellees.

Orders

Ordered:

1. That the rules and forms governing proceedings in the United States district courts under Section 2254 and Section 2255 of Title 28, United States Code, be, and they hereby are, amended by in- eluding therein an amendment to Rule 2(c) of the rules for Section 2254 cases, an amendment to Rule 2(b) of the rules for Section 2255 proceedings, and amendments to the model forms for use in applications under Sec- tion 2254 and motions under Section 2255.

2. That the aforementioned amendments shall take effect August 1, 1982, and shall be applicable to all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending. WEDNESDAY, APRIL 28, 1982 597

3. That the Chief Justice be, and he hereby is, authorized to transmit the aforementioned amendments to the Congress in accordance with Section 2072 of Title 28 and Sections 3771 and 3772 of Title 18, United States Code.

Ordered:

1. That the Federal Rules of Criminal Procedure be, and they hereby are, amended by including therein amendments to Rule l, x 5(b), 9(a), 9(a)(1), 9(b)(2), 9(c)(1), 9(c)(2), 11(c)(1), 11(c)(4), 11(c)(5), 20(b)>40(d)(l), 40(d)(2), 45(a), 54(a), 54(b) and 54(c).

2. That subdivision (d) of Rule 9 of the Federal Rules of Criminal Procedure is hereby abrogated.

3. That the foregoing amendments to the Federal Rules of Criminal

Procedure shall take effect on August 1, 1982, and shall govern all criminal proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.

4. That the Chief Justice be, and he hereby is, authorized to transmit to the Congress the foregoing amendments to the Federal Rules of Criminal Procedure in accordance with the provisions of Sections 3771 and 3772 of Title 18, United States Code.

Ordered:

1. That the Federal Rules of Civil Procedure be, and they hereby are, amended by including therein amendments to Rule 4.

2. That the foregoing amendments to the Federal Rules of Civil Pro- cedure shall take effect on August 1, 1982, and shall govern all civil proceedings thereafter commenced and, insofar as just and reasonable, all proceedings then pending.

3. That the Chief Justice be, and he hereby is, authorized to transmit to the Congress the foregoing amendments to the Federal Rules of Civil Procedure in accordance with the provisions of Section 2072 of Title 28, United States Code.

Adjourned until Monday, May 3, 1982 at 10 o'clock. x

(JOURNAL) MONDAY, MAY 3, 1982 599 SUPREME COURT OF THE UNITED STATES

Present: Justice Brennan, Justice Marshall, Justice Blackmun, Jus- tice 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. 80-1207. David Rusk, et al., Appellants v. Joseph Espinosa, et al. Appeal from the United States Court of Appeals for the Tenth Cir- cuit. The judgment is affirmed. Justice Rehnquist and Justice O'Connor would note probable jurisdiction and set the case for oral argument.

No. 81-1259. Western Maryland Railway Company, Appellant v. Herschel H. Rose, III, Tax Commissioner of the State of West Vir- ginia; and

No. 81-1267. Union-Mechling Corporation, Appellant v. Herschell H. Rose, III, Tax Commissioner of the State of West Virginia. Appeals from the Supreme Court of Appeals of West Virginia. The appeals are dismissed for want of a substantial federal question. Justice White and Justice Powell would note probable jurisdiction and set the cases for oral argument.

No. 81-1351. Steven Michael Smith, Appellant v. Florida. Appeal from the District Court of Appeal of Florida, Fourth District. The appeal is dismissed for want of jurisdiction.

No. 81-1671. Alfred Y. K. Au, Appellant v. Hoyt F. Kelly, et al., Trustees, dba Financial Plaza of the Pacific. Appeal from the Interme- diate 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. 81-1753. John Balash, Appellant v. New York City Employees' Retirement System, et al. 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. 81-1681. Jacob Brothers, Inc., et al., Appellants v. Luis M. DeLeon (Velazquez). Appeal from the Superior Court of Connecticut, Appellate Session. The appeal is dismissed for want of a substantial federal question. 600 MONDAY. MAY 3, 1982

Certiorari—Summary Disposition

No. 80-2117. Local Union No. 84, International Brotherhood of Elec- trical Workers, AFL-CIO, Petitioner v. United States, 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 the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Pull- man-Standard v. Swint 456 U.S. (1982).

No. 81-310. Jack Bergman, Warden, Petitioner v. Arthur Jackson Burton. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Rose v. Lundy 455 U.S. -— (1982). Dissenting opinion by Justice Stevens with whom Justice Marshall and Justice Black- mun join. No. 81-1029. International Association of Machinists and Aerospace Workers, AFL-CIO, et al., Petitioners v. Joseph Terrell, Jr., 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 Pullman-Standard v. Swint 456 U.S. (1982).

No. 81-1666. Leon G. Grant, Petitioner v. Washington Public Em- ployment Relations Commission, et al. On petition for writ of certiorari to the Supreme Court of Washington. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Washington for further consideration in light of Larson v. Valente 456 U.S. (1982).

Orders in Pending Cases

No. A-891. Benjamin S., Applicant v. Edward J. Kuriansky, Deputy Attorney General of New York. The application for stay addressed to the Chief Justice and referred to the Court is denied.

No. A-897. Coastal Petroleum Company, Applicant v. Mobil Oil Cor- poration; and No. A-913. Board of Trustees of the Internal Improvement Trust Fund of Florida, Applicant v. Mobil Oil Corporation. The applications for stay addressed to Justice Brennan and referred to the Court are denied. MONDAY, MAY 3, 1982 601

No. A-906. Warren M. Anderson, et al., Applicants v. John Flateau,

et al. The application for stay of the order of the United States District Court for the Southern District of New York, entered March 26, 1982, addressed to Justice Rehnquist and referred to the Court is denied. No. D-256. In the Matter of Disbarment of Frank D. DeFrancis. Dis- barment entered.

No. D-265. In the Matter of Disbarment of Arthur H. Grant. It is ordered that Arthur H. Grant, 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-266. In the Matter of Disbarment of Herman Feldman. It is ordered that Herman Feldman, 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-267. In the Matter of Disbarment of Charles DeFazio, III. It is ordered that Charles DeFazio, III, of Newark, 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-268. In the Matter of Disbarment of Phillip L. Cyphers. It is ordered that Phillip L. Cyphers, of Pasadena, 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-269. In the Matter of Disbarment of Callis N. Brown. It is ordered that Callis N. Brown, of Teaneck, 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-270. In the Matter of Disbarment of Andrew Bruce Moritz. It is ordered that Andrew Bruce Moritz, of San Diego, 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-271. In the Matter of Disbarment of John M. Wajert. It is ordered that John M. Wajert, of Phoenixville, 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. 602 MONDAY, MAY 3, 1982

No. D-272. In the Matter of Disbarment of Leonard Langkam. It is ordered that Leonard Langkam, of Detroit, 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. 27 Original. State of Ohio, Plaintiff v. Commonwealth of Ken- tucky; and

No. 81 Original. Commonwealth of Kentucky, Plaintiff v. State of In- diana, et al. The Report of the Special Master on the motion of Dorothy Cole, et al for leave to intervene is received and ordered filed. The motion of Dorothy Cole, et al. for leave to intervene is denied. No. 81-202. National Association for the Advancement of Colored

People, et al., Petitioners v. Claiborne Hardware Company, et al. The motion of petitioners for leave to file a supplemental brief after argument is granted. Justice Marshall took no part in the consideration or decision of this motion. No. 81-298. Community Television of Southern California, Petitioner v. Sue Gottfried, et al.; and

No. 81-799. Federal Communications Commission, Petitioner v. Sue

Gottfried, et al. The motion of respondents for additional time for oral argument is granted and ten additional minutes are allotted for that purpose. The request of respondents for divided argument is denied.

No. 81-349. Chicago Bridge & Iron Company, Appellant u. Caterpil- lar Tractor Co., et al. This case is restored to the calendar for reargument. Justice Stevens took no part in the consideration or decision of this order.

No. 81-680. Herman & MacLean, Petitioner v. Ralph E. Huddleston, et al.; and

No. 81-1076. Ralph E. Huddleston, et al., Petitioners v. Herman & MacLean, et al. The motion of Ralph E. Huddleston, et al. for leave to enlarge question presented for review is denied.

No. 81-827. Jefferson County Pharmaceutical Association, Inc. , Peti- tioner v. Abbott Laboratories, et al. The motion of American Pharma- ceutical Association for leave to file a brief as amicus curiae is granted. Justice O'Connor took no part in the consideration or decision of this motion.

No. 81-1222. United States, Petitioner v. Generix Drug Corporation, et al. Respondents' suggestion of mootness is rejected.

No. 81-1320. William Kolender, et al, Appellants v. Edward MONDAY, MAY 3, 1982 603

Lawson. The motion of the parties to dispense with printing the joint appendix is denied. The motion of Appellate Committee of the Califor- nia District Attorneys Association for leave to file a brief as amicus curiae is granted.

No. 81-1672. Pennzoil Company, Petitioner v. Public Service Com- mission of West Virginia. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 81-6323. Dickie Gaines, Petitioner v. Illinois. The motion of petitioner to dismiss the petition is denied. The motion of court-appointed counsel to order a hearing to determine competency of petitioner to file a motion to dismiss his petition is denied.

No. 81-6458. Mark Sonny Najar, Petitioner v. David Lynn Oman, et ux. The motion of Texas for leave to intervene as a party respondent is granted.

Appeals—Jurisdiction Noted

No. 81-1551. Richard S. Schweiker, Secretary of Health and Human Services, Appellant v. Nathan Rosofsky. Appeal from the United States District Court for the Eastern District of New York. In this case probable jurisdiction is noted.

No. 81-523. Container Corporation of America, Appellant v. Fran- chise Tax Board. Appeal from the Court of Appeal of California, First

Appellate District. In this case probable jurisdiction is noted. Justice Stevens took no part in the consideration or decision of this case.

Certiorari Granted

No. 81-1032. United States, Petitioners. Sells Engineering, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 81-1536. Commissioner of Internal Revenue, Petitioner v. John F. Tufts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 81-1635. John B. Anderson, et al., Petitioners v. Anthony J. Cel- ebrezze, Jr., Secretary of State of Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted.

Certiorari Denied

No. 81-160. Mississippi, et al., Petitioners v. Barbara Phillips, et al.; and 604 MONDAY, MAY 3, 1982

No. 81-181. Joint Legislative Committee for Performance, Evalua- tion, and Expenditure Review of the State of Mississippi, et al. , Peti- tioners v. Barbara Phillips, et aL Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1024. Rose M. Salazar, Petitioner v. San Francisco Bay Area Rapid Transit District. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1257. David Miller, Petitioner v. William H. Webster, Direc- tor, Federal Bureau of Investigation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1427. Jack Leaf and Marvin Gunnufson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

No. 81-1464. Emeilia Cann, et vir, Petitioners v. Ford Motor Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-1467. Allen D. Unvert, et ux. , Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1480. Brent E. Bowman, Petitioners. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1501. Rick R. Lacey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1522. City of Peachtree City, Petitioner v. H & H Operations, Inc. Petition for writ of certiorari to the Supreme Court of Georgia denied.

No. 81-1558. Cochrane & Bresnahan, Petitioner v. Russell B. Smith, Guardian ad Litem. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1632. Honda Motor Co., Ltd., Petitioner v. Danny Wayne Hauschild, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1639. Mount Vernon Memorial Park, et al., 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. 81-1663. Johnny Kibler, Petitioner v. United States. Petition for MONDAY, MAY 3, 1982 605

writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1668. Pine Belt Land Company, et al., Petitioners v. Missis- sippi State Highway Commission, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 81-1669. Schiavo Brothers, Inc., Petitioner v. United States Gypsum Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-1670. Bankers Trust Company, Monsanto Company and Key- stone Shipping Co., Petitioners v. BP Oil, Inc. and Sohio Petroleum Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1678. Timothy S. Weaver, et al., Petitioners v. Joseph Ed- ward Martin, etc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1690. Samuel A. Geraldo, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-1691. Kenneth Gerald Cheatham, Petitioner v. Florida; and No. 81-1693. James Kansinger Jones, Petitioners. Florida. Petitions for writs of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 81-1694. Henry L. Griffith, Petitioner v. Evelyn R. Clawson, etc. Petition for writ of certiorari to the Court of Appeals of Ohio, Cler- mont County, denied.

No. 81-1695. Yellow Forwarding Company, Petitioner v. Atlantic

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

No. 81-1697. Edward W. Minte Company, Inc., and Travelers Insur- ance Company, Petitioners v. David F. Murphy. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1704. Robert C. Hatch, et ux., Petitioners v. Walter C.

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

No. 81-1716. Mary Vaughn, Petitioner v. Hinchy, Witte, Wood, An- derson & Hodges. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 81-1779. Gordon L. Walgren, Petitioner v. United States;

No. 81-1780. John Bagnariol, Petitioner v. United States; and 606 MONDAY, MAY 3, 1982

No. 81-1840. Patrick Gallagher, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1806. Leroy Barnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1837. Arthur Freeman, Sr. , Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6030. Michael White, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

No. 81-6101. Roy M. Pisano, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6164. Joseph L. Ripplinger, et aL, Petitioners v. Kidder County Social Service Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6196. Archie Apachito, etc., et al., Petitioners v. James G.

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

No. 81-6237. G. B., a minor, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-6291. Daniel Ray Glenn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6346. Larry Ray Brooksher, Petitioner v. John Harrel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6358. Hubert Walker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-6360. Garrett Decatur Richardson, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-6364. John E. Medved, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6366. Hakim Abu-Bakr, Petitioner v. Marvin Reed, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. MONDAY, MAY 3, 1982 607

No. 81-6367. J. C. McCrary, Petitioner v. Harold J. Smith, Superin- tendent, Attica Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6369. John F. "Buff Williams, Petitioner v. William F. Ever- ett, Director, Arkansas Department of Labor. Petition for writ of certiorari to the Court of Appeals of Arkansas denied.

No. 81-6370. Albert R. Salman, Petitioner v. G. F. Swanson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6372. Alex Melvin Wade, Jr., Petitioner v. Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6376. Gary Webb, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

No. 81-6377. Ralph J. Seagle, Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Durham County, denied.

No. 81-6421. Wynn Earl Westover, Petitioner v. Louis Richenberger, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6469. Kathelyn Vandraiss Miller, Petitioner v. United States; and

No. 81-6477. Clifford Jerome Miller, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6476. Brett Kimberlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-6479. Wallace McElwee Sanders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6483. Johnny Pace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6498. Esmerejodado Guerrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-221. United Transportation Union, etc., Petitioner v. Joe 608 MONDAY, MAY 3, 1982

Vernon Sears, et aL Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-1488. Alaska Marine Trucking, etc., Petitioner v. Carnation Company. Petition for writ of certiorari to the Court of Appeals of

Washington, Division 1, denied. Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-1437. Northern States Power Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. Justice White and Justice Black- mun would grant certiorari.

No. 81-1521. Thomas Davis, Petitioner v. United Air Lines, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Blackmun would grant certiorari.

No. 81-1698. Thomas A. Battaglia, Petitioner v. Union County Wel- fare Board, et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied. Justice Blackmun would grant certiorari.

No. 81-6110. Henry Martinez Porter, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6205. Charles William Bass, 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. 81-6352. William Henry Hance, Petitioner v. Walter D. Zant, Superintendent, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandamus Denied

No. 81-6365. In Re Benjamin Charles Hoover, Petitioner; and No. 81-6432. In Re Carl Briscoe, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 80-6680. Charles Ronald McElroy, Petitioner v. United States;

No. 81-660. Addison Savmor, Inc. , Petitioner v. United States;

No. 81-1116. The O. Hommel Company, Petitioner v. Ferro Corporation;

No. 81-1382. Jeff Atkinson, Petitioner v. Janet Atkinson, etc.; and T w

MONDAY, MAY 3, 1982 609

No. 81-6151. James Cunningham, Jr., Petitioner v. Georgia. Peti- tions for rehearing denied.

No. 80-1690. American Medical Association, et al., Petitioners v. Federal Trade Commission. Petition for rehearing denied. Justice Blackmun took no part in the consideration or decision of this petition.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Alan H. Aaron Natick, MA Theodore H. Goguen Jr. Jjjditn rJarnett Wasmngton, JJO Vincent Edward Treacy

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Applicant City and State Movant

Dennis P. Derrick Wenham, MA William Joseph Clary Donald T. Dulac Jr. Pittsburgh, PA John A. Metz Jr. Blaine Lewis Fields San Jose, CA Paul N. McCloskey Jr. James Craig Fisher Altamonte Newman Springs, FL Dempsey Brock Victor Anson Fleming Little Rock, AR Hobson Vann Smith Scott D. Fobes El Paso, TX C. Frank Reifsnyder Francis Lawrence Gannon Houston, TX Hams Spencer Wood Albert Allen Garofalo Fairfield, CT Dwight F. F anton William R. Gaston Urbana, IL Robert James Steigmann David R. Gienapp Madison, SD Robert R. Spencer Kenneth S. Goldrich Paramus, NJ Howard Stem John Wade Haley Bii*mingham, AL Alex W. Newton Joseph L. Hammons Pensacola, FL J. B. Murphy Jr. Nancy Hughes Hannan Hyde Park, MA David J. Sargent John Albert Henley San Bernardino, Donald Weller CA Jordan Jr. Charles Warren Holland Indianapolis, IN Benjamin J. Weaver Roy Carleton Howell Washington, DC Patricia A. Russell Richard L. Huffman New York, NY Douglas J. Kramer Randall Yoshio Iwase Honolulu. HI NobuM Kamida Thomas Norwood Jacobson San Bernardino, M. William Tilden CA Jimmie Johnson Los Angeles, CA Barrington Daniels Parker Jr. Elizabeth Ellen Laing Boston. MA Roberta Thomas Brown Arthur Larson Durham, NC Thomas Dudley Rowe Jr. MONDAY, MAY 3, 1982 611

Applicant City and State Movant

Donald James Maclver Jr. El Paso, TX C. Frank Reifsnyder Thomas S. Malciauskas Chicago, IL Thomas M. Genovese Linda L. Mariani New London, CT Joseph Quirk Koletsky Joseph B. Mays Jr. Birmingham, AL William Douglas Arant Jerry E. Mazzanti Lake Village, AR William Howard Drew Paul McCollum Odessa, TX W. 0. Shafer Stephen W. Mendell St. Joseph, MO Joseph L. .Flynn Amarante Mergulhao- Chicago, IL Michael Alan Carvalho Haber Arthur Gilbert Meyerson Plantation, FL Charles Barry Butman Lois Morse Newton, MA David J. Sargent Norman Morse Boston, MA David J. Sargent Lindsay F. Nielson Ventura, CA Edward Leonard Lascher Gustalo Nunez Lorain, OH Harry F. Butler Charles Henry Pankey Oklahoma City, William Franklin OK Collins Jr. Betty J. Pearce Greensboro, NC Walter Eugene Johnston III James Campbell Pino Alabaster, AL Salvatore Pino Jr. Charles T. Price Cleveland, OH James P. Garner Jorge L. Ramos Washington, DC Patricia A. Xeller Byron Cole Rhodes Norfolk, VA E. Anthony Fessler Barry Kent Roberts Norman, OK James M. Levine Sheldon Jay Rosen Mineola, NY Frederick James Annibale Jr. Marilyn Rose Sachat Chicago, IL Mary Ann Garvey George Louis Santopietro Providence, RI David J. Sargent Neil R. Sarles Seattle, WA Henry M. Aronson Earl Leofric Scott New York, NY Frank Louis Politano 1 1

612 MONDAY, MAY 3, 1982

V_>1LV dlRI OLd.Lt: Movant

Jason R Sparcv Marshall TX WilliamII XXXXdXll XFYanklinX dXllVlXll Jones Jr. David M Shacter Beverlv Hills CA RobpTt Donald

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Jeffrey P Smith ManchesterIvxllllvllvkj tvl y WATT XX Richard Rarrv Jnnp<5

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TT lloVJll Tjawrpnop Victor Sfpin Washinirton DC! Victor W Stein

UJohnUllll Hlit UtIUUOStibbs JrX • HoustonllUUOLUll^ TXXxx John CrorHon Ciomila Jr

Thomas Strahan Minnpanolis XTXX l David

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.Tn^prih ^Vptzpl XPortlandUl L ICtl 1 vl Lawrpncp IbiR Dptt y ORvlv UU Wl UllvU 1/C11 Diane Eyre White Portland, OR Ellen Cathy Bachman

T\ 1 TT*11 /"^i A Paul Zaharia Beverly Hills, CA Harold Rostow

Opinions

No. 80-203. Merrill Lynch, Pierce, Fenner & Smith, Inc., Petitioner v. J. J. Curran and Jacquelyn L. Curran. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit;

No. 80-757. New York Mercantile Exchange, et al., Petitioners v. Neil Leist, Philip Smith and Incomco;

No. 80-895. Clayton Brokerage Co. of St. Louis, Inc., Petitioner v. Neil Leist, Philip Smith and Incomco; and

No. 80-936. Heinold Commodities, Inc., et al., Petitioners v. Neil MONDAY, MAY 3, 1982 613

Leist, et al. On writs of certiorari to the United States Court of Appeals for the Second Circuit. Judgments affirmed. Opinion by Justice Ste- vens. Dissenting opinion by Justice Powell with whom Chief Justice Burger, Justice Rehnquist and Justice O'Connor join.

No. 81-89. Walter Zant, Warden, Petitioner v. Alpha Otis O'Daniel Stephens. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Question to be certified to the Supreme Court of Georgia pursuant to Georgia Code Ann. Sec. 24-4536: What are the premises of state law that support the conclusion that the death sentence in this case is not impaired by the invalidity of one of the statu- tory aggravating circumstances found by the jury? Opinion per curiam. Announced by Justice Brennan. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Dissenting opinion by Justice Powell.

No. 81-534. John O'Dell, et al., Petitioners v. Andrew Espinoza, etc., et al. On writ of certiorari to the Supreme Court of Colorado. Writ dismissed for want of jurisdiction. Opinion per curiam. Announced by Jus- tice Brennan.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Martha Susan Scharper Silver Spring, MD Joel DuBoff Stiner William S. Lindheim Los Angelers, CA Ellen Broadmar Robert Edward Morey Washington, DC Hugh Joseph Beard Jr. Henry George Avery Eidgefield, NJ Harold Bernard Peek Richard Brodkin Los Angeles, CA Edward Gabriel Misey David Allan Ziskrcut Los Angeles, CA Edward Gabriel Misey Dolores Anne Batttalia Larchmont, NY Joan L. Ellenbogen Diane W. Bishop New York, NY Joan L. Ellenbogen Joanna Miller Bukszpar New York, NY Joan L. Ellenbogen o

614 MONDAY. MAY 3. 1982

Applicant City and State Movant

Jacoueline Sherokow Mineola NY Joan Tj

\jt\t W

Karen L. Casser New1 " V- T' York-1. V/l li? NY1 ~ -L Joan L

H, 1 1 pn V.n crpn

Harriet Newman Cohen New York, NY Joan Li

Pj 1 1 pn CPU Marcy Sharon Cohen New York, NY Joan L

r , 1 1 pn V.n crpn

Gloria Muvinat Datiri New1 t V_< TV Rochelle1 V W V 1 i V 11 } 11NY-1 Joan'J W CI 1 X LJ—J •

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JovceKJ \J V. V. Juditht^/ LiVtlvll 1/U1UBalatanLU11 l^UDavidV 1VI Brooklyn-1—' X Will NY Joan Tj J J J

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MarthaXTXtXX WliU EllenU1J.V. 11 Gifford\J111U1 U New1 1 V TT York1 Vl ll^NY X ~ X Joan Tj

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Cora J Glasser CentereachVvillvl VvClVll^ 1NY^ X Joanrj \J LAX X LJ—i •

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Martha L Golar New11 V VV YorkX Ul I \- » XINYX Joan Tj

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Tj (rracp\J1 CIL\3 Roxanp1VU -\ Cl 1 i v7 (rolHblattVJ yJXK^i KJxCK L L Newlit VV YorkX v/X XV « NYXIX Joan ±-JllCllUUgCilT^.ll pn V.ncrpn

IVTavHa dfVhn frnlH^tpin\_i Tj IfXCU v,ld v_ V.' 1 1 1 1 UlLiC Lv7A.il XNew1 VV YorkX v/X iv t NYX 1 X JoanO UU11 1_J •

J_jF, lit1 1 pn11 UUgr.n crpntil

Tj tjJudithLivil LI 1 xV-LMaripCil 1C VjvJi(roroon\J\J11 i"Northnortvl LllL/v/x L , iiNYX Joan HdiciiUUgciiT^.llpn V.ncrpn

UUUIOUTiOm'^p 11LX1-TpTtwicrL VV Icl T-Tavp^lla V V3 PelhamX V71i.lCll.llq 11NYX Joan T. 11/llCllUUgCll

Ti Clara G Jellinek WhiteTV lllLvT PlianX 11C411, NY11 X (JJoan\J CXI L J-J • Kllpnhocrpn

TfH d .T TCnvman Jnan T, XX lo ?J . IVUI lll&ll New York NY XLillcilUUgcilH 11 OrinAfTDTl

Karen Kozac New11 v IT York1 vl llf XINYX Joanv/Wii X-JL • Ellenbogen Beatrice Krupkin Syracuse, NY Joan L. Ellenbogen Joan Beth Lefkowitz White Plains, NY Joan L. Ellenbogen

i MONDAY. MAY 3. 1982

Applicant City and State Movant

T T Judith Levin New York, NY Joan L. Ellenbogen Ruth Lipton New York, NY Joan L. Ellenbogen TT Kay Markorek New York, NY Joan L. Ellenbogen Renee Grace Mayer Port Washington, Joan L. NY Ellenbogen T T Edith Miller New York, NY Joan L. Ellenbogen T T Lynn A. Morrell Staten Island, NY Joan L. Ellenbogen

XT ~\T 1 XTTT T T Diane Marie Morrison New York, NY Joan L. Ellenbogen T T Lois J. Naftulin New York, NY Joan L. Ellenbogen Janessa Carole Nisley New York, NY Joan L. Ellenbogen

T Ml f~1 T"» a 1 XT XT 1 \TTT TT Lucille S. Rosenstock New York, NY Joan L. Ellenbogen TT Audrey H. Ruben New York, NY Joan L. Ellenbogen Audrey H. Ruben Rye, NY Joan L. Ellenbogen

T"k 1 1 T T"» 1 T T Robert J. Ruben New York, NY Joan L. Ellenbogen T T Ruth Oelbaum Sovronsky Syosset, NY Joan L. Ellenbogen Barbara E. Stein Mamaroneck, NY Joan L. Ellenbogen Rita Stein Mineola, NY Joan L. Ellenbogen Madehne C. Stoller New York, NY Joan L. Ellenbogen

XT TT 1 XTTr x bandra Dilonc Thorn New York, NY Joan L.T Ellenbogen Susan Rhoda Tucker New York, NY Joan L. Ellenbogen 616 MONDAY. MAY 3. 1982

Applicant City and State Movant

Karen Martha Uplinger Syracuse, NY Joan L. Ellenbogen

Dolores Deane Walker rsiew i orK, in i Joan L. Ellenbogen Naomi Irina Werne New York, NY Joan L.

1 J-jllCllUUgCllT*" 11 PTlV^nCTPTl Frances Mei Soo Woo New York, NY Joan L. Ellenbogen

Adjourned until Monday, May 17, 1982 at 10 o'clock. x (JOURNAL) MONDAY, MAY 17, 1982 617 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. 79-6584. In the Matter of Sheryl Ann Trapp, etc., Appellant. Appeal from the Supreme Court of Missouri. The appeal is dismissed for want of jurisdiction.

No. 81-1738. First National Bank of Saint Paul, Appellant v. Minne- sota, by Jim Lord, its Treasurer. Appeal from the Supreme Court of Minnesota. The appeal is dismissed for want of jurisdiction.

No. 81-1614. Stanley Rosenberg, et al., Appellants v. Johns-Manville

Sales Corporation, et al.; and

No. 81-1615. Jeanne Steinhardt, as Executrix of James McKee, Jr.,

Appellant v. Johns-Manville Corporation, et al. Appeals from the Court of Appeals of New York. 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. Justice Brennan took no part in the consideration or decision of these cases.

No. 81-1649. City of Parma, Ohio, et al., Appellants v. Record Revo- lution No. 6, Inc., et al. Appeal from the United States Court of Ap- peals for the Sixth Circuit. 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 Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. (1982). Justice Stevens took no part in the consideration or decision of this case.

No. 81-1700. Robert J. Gilliland, Appellant v. City of Palmdale; and

Frank M. Gilliland, Jr., et. al., Appellants v. County of Los Angeles. Appeal from the Court of Appeal of California, Second Appellate Dis- trict. The appeal is dismissed for want of a substantial federal question.

No. 81-6202. Naomi Addison, et al., Appellants v. City of Chester, South Carolina. Appeal from the Supreme Court of South Carolina. The appeal is dismissed for want of a substantial federal question. 618 MONDAY, MAY 17, 1982

No. 81-6424. Francis Bacik, Appellant v. Pennsylvania. Appeal from the Commonwealth Court of Pennsylvania. The appeal is dismissed for want of a substantial federal question.

No. 81-1731. Adolph Schatzle, Appellant v. James C. Kirkpatrick, et al. Appeal from the United States District Court for the Western Dis- trict of Missouri. The judgment is affirmed: Justice Rehnquist, concurring. Appellant in this case requests that we overrule Kirkpatrick v. Preisler, 394 U.S. 526 (1969). But here the District Court did not invali- date a reapportionment plan duly adopted by the state legislature; it merely adopted a plan of its own when the legislature was unable to reach agreement. This case, therefore, does not require that we address appellant's suggestion respecting Kirkpatrick v. Preisler, supra.

No. 81-1752. H. Gordon Howard, Appellant v. Board of County Com- missioners of the County of Weld, Colorado, et al. Appeal from the Su- preme Court of Colorado. 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. 81-1770. Laverne Orwoll, et al., Appellants v. Sharon LaComb, et al. Appeal from the United States District Court for the District of Minnesota. The judgment is affirmed. Justice Stevens would note probable jurisdiction and set the case for oral argument. Justice Blackmun took no part in the consideration or decision of this case.

Certiorari—Summary Disposition

1 No. 80-1542. John Rivers, et al., Petitioners v. Rosenthal & Com- pany. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Merrill Lynch, Pierce, Fenner & Smith v. Curran, 456 U.S. (1982). No. 81-1118. International Molders and Allied Workers Union, AFL- CIO, Local 342, et al., Petitioners v. Joseph Terrell, Jr., 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 the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Pull- man-Standard v. Swint, 456 U.S. (1982).

No. 81-1750. Washington, Petitioner v. Glenn Ruphert Gibson. On petition for writ of certiorari to the United States Court of Appeals for MONDAY. MAY 17, 1982 619

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 for further consid-

eration in light of Engle v. Isaac, 456 U.S. (1982) and United

States v. Frady, 456 U.S. (1982).

No. 81-1800. White-Wilson Medical Clinic, Inc., Petitioner v. Delores J. Robbins. 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 Pullman-Standard v. Sivint, 456 U.S. (1982).

Orders in Pending Cases

No. . John W. Ritter, M.D., Petitioner v. Board of Commission-

ers of Adams County Public Hospital District No. 1. The motion to di-

rect the Clerk to file the petition for a writ of certiorari is denied. No. A-916. In Re Paul M. Drefke. The application for stay addressed to Justice Rehnquist and referred to the Court is denied. No. D-264. In the Matter of Disbarment of Joshua Eilberg. Disbar- ment entered.

No. 81-523. Container Corporation of America, Appellant v. Fran- chise Tax Board. The motion of National Association of Manufacturers for leave to file a brief as amicus curiae is granted. The motion of Com- mittee on State Taxation of the Council of State Chambers of Com-

merce for leave to file a brief as amicus curiae is granted. The motion

of EMI, Limited, for leave to file a brief as amicus curiae is granted.

The motion of Canadian Imperial Bank of Commerce, et al. for leave to

file a brief as amici curiae is granted. Justice Stevens took no part in the consideration or decision of these motions.

No. 81-1717. American Bank and Trust Company, et al., Petitioners

v. Dallas County, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice O'Connor took no part in the consideration or decision of this order.

No. 81-1784. American Cyanamid Company, Petitioner v. Oil, Chem-

ical and Atomic Workers International Union, et al. The Solicitor Gen-

eral is invited to file a brief in this case expressing the views of the United States. 620 MONDAY, MAY 17, 1982

No. 81-1871. Meco Incorporated, Applicant v. Charles S. Sinnette,

Judge, Boyd Circuit Court, etc., et al. The application for stay addressed to Justice Stevens and referred to the Court is denied.

Appeals—Jurisdiction Noted or Postponed

No. 81-969. Washington, et al., Appellants v. United States. Appeal from the United States Court of Appeals for the Ninth Circuit. In this case probable jurisdiction is noted.

No. 81-1590. William F. Bolger, et al., Appellants v. Youngs Drug Products Corp. Appeal from the United States District Court for the

District of Columbia. In this case probable jurisdiction is noted.

No. 81-1020. Exxon Corporation, et al., Appellants v. Ralph

Eagerton, Jr., Commissioner of Revenue of Alabama, et al.; and

No. 81-1268. Exchange Oil and Gas Corporation, et al., Appellants v. Ralph P. Eagerton, Jr., Commissioner of Revenue of the State of Ala- bama. Appeals from the Supreme Court of Alabama. In these cases probable jurisdiction is noted. These cases are consolidated and a total of one hour is allotted for oral argument.

No. 81-1756. Jonathan Lehr, Appellant v. Lorraine Robertson, et al. Appeal from the Court of Appeals of New York. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits.

Certiorari Granted

No. 81-1284. Johonnas Justus Eicke, Petitioner v. Elizabeth Larue Eicke. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, Third Circuit, granted.

No. 81-1627. Larry Shepard, 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 granted.

No. 81-1453. South Dakota, Petitioner v. Mason Henry Neville. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of South Dakota granted.

No. 81-1463. United States, Petitioner v. Kelvin Hasting, et al. The motion of respondent Kevin Wendell Anderson for leave to proceed in forma pauperis is granted. The motion of respondent Gable Gibson for leave to proceed in forma pauperis is granted. The motion of respondent Gregory Lamont Williams for leave to proceed in forma pauperis is granted. The motion of respondent Kelvin Hasting for leave to proceed in forma pauperis is granted. The motion of respondent Napoleon Stewart for leave to proceed in forma pa uperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. MONDAY, MAY 17, 1982 621

No. 81-1618. Weyerhaeuser Company and Willamette Industries, Inc., Petitioners v. Lyman Lamb Company, et al.; and

No. 81-1619. Georgia-Pacific Corporation, Petitioner v. Lyman Lamb

Company, et al. The motions of Chamber of Commerce of the United

States for leave to file briefs as amicus curiae are granted. The motion of The Business Roundtable for leave to file a brief as amicus curiae is granted. The motion of National Association of Manufacturers for leave to file a brief as amicus curiae is granted. The motion of Bowie-Sims-

Prange, Inc., et al. for leave to file a brief as amici curiae in No.

81-1618 is granted. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice White and Justice O'Connor took no part in the consideration or decision of these motions and these petitions.

No. 81-1810. Emilio Naranjo, et al., Petitioners v. Larry Corriz. The petition for a writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted limited to questions 1 and 2 presented by the petition.

Certiorari Denied

No. 81-155. Board of Trustees of Institutions of Higher Education, et al., Petitioners v. Mississippi Council on Human Relations, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-510. Florida State University, et al., Petitioners v. Anjali A. Joshi. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-1050. William E. Tapp, Petitioner v. Ed Lucas, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1069. Joseph Terrell, Jr., et al., Petitioners v. International

Association of Machinists and Aerospace Workers, AFL-CIO, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1184. Chatham Ventures, Inc., et al., Petitioners v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1306. Carroll Matherne, Petitioner v. Terrebonne Parish Po- lice Jury. Petition for writ of certiorari to the Supreme Court of Louisi- ana denied. 622 MONDAY, MAY 17, 1982

No. 81-1346. Stanley Jaffee, 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. 81-1361. West Virginia Air Pollution Control Commission, Peti- tioner v. Anne M. Gorsuch, Administrator, United States Environmen- tal Protection Agency, et al.; and

No. 81-1524. Pennsylvania, Petitioner v. Anne M. Gorsuch, Adminis- trator, United States Environmental Protection Agency, et al. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1372. City of Atlanta, Petitioner v. Wes Owen, et al Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 81-1393. Florida Marble Polishers Health and Welfare Trust Fund, et al., Petitioners v. Edwin M. Green, Inc., et al Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1439. Neal Blinken, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 81-1498. Samuel Cavalieri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. No. 81-1533. Merchants Refrigerating Company of California, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1543. Southwest Sunsites, Inc., et al., Petitioners v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1544. Liquor Salesmen's Union of the State of New York,

Local 2, Distillery Rectifying, Wine and Allied Workers International

Union, AFL-CIO, Petitioner v. Charmer Industries, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1547. City of Pleasant Grove, et al., Petitioners v. Joseph

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

No. 81-1549. 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. 81-1553. Jesse Francesco Montez, Petitioner v. United States. MONDAY, MAY 17, 1982 623

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

No. 81-1565. VSL Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 81-1586. Manuel Mendoza Torres, Max Candido Griego, Sarah

Godoy and Susan Smith Spiegel, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1596. Mitchell Energy Corporation, Petitioner v. Federal En- ergy Regulatory Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1684. International Association of Machinists and Aerospace

Workers, et al., Petitioners v. Federal Election Commission, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1706. Mary Ann Balsley, Petitioner v. Hazel Jean Gulley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1707. Arlie Glen Skelton, Jr., et al., Petitioners v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 81-1710. Ohio Valley Carpenters District Council, United Broth- erhood of Carpenters and Joiners of America, AFL-CIO, Local No.

1787, Petitioner v. Pease Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1711. R. Paul McNew, Petitioner v. Bank of Mount Vernon, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-1719. William 0. Petrusch, Jr., etc., Petitioner v. Teamsters

Local 317, Syracuse, New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1720. Katherine Savastano, Administratrix, etc., Petitioner v. Board of Education, Kings Park School District No. 5, County of Suf- folk, et al. Petition for writ of certiorari to the Appellate Division, Su- preme Court of New York, Second Judicial Department, denied.

No. 81-1721. Truett Alford and Walter Nierlich, Petitioners v. City of Lubbock, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. ^ 624 MONDAY, MAY 17, 1982

No. 81-1723. Junior F. Pandil, Petitioner v. Illinois Central Gulf Rail- road Company. Petition for writ of certiorari to the Court of Appeals of Iowa denied.

No. 81-1726. John Siger, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied.

No. 81-1734. William S. Montag, Petitioner v. Outboard Marine Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1741. Courier-Journal, et al., Petitioners v. John Tim McCall. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-1745. Valerian Trifa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1751. Jeanne M. Gay, et vir, Petitioners v. P. K. Lindsay Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1754. Harry J. Oxman and Ralph S. Levitan, Petitioners v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 81-1758. Sheet Metal Workers' International Association, AFL- CIO, Petitioner v. Mobile Mechanical Contractors Association, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1762. Wayne Woods, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-1765. Township of Doylestown, Petitioner v. Ad World, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1766. United Technologies Corporation, Petitioner v. Eleanor

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

No. 81-1767. Habib Sabet, et al., Petitioners v. Republic National Bank of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1771. City of Beachwood, Ohio, Petitioner v. Central Motors, Inc. and Frank Porter. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. MONDAY, MAY 17, 1982 625

No. 81-1775. Martha S. Douglas, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 81-1786. North River Insurance Company, Petitioner v. Scali, McCabe, Sloves, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1788. Option Advisory Service, Inc., etc., Petitioners. 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 denied.

No. 81-1790. Bridgeport Education Association, Petitioner v. City of

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

No. 81-1792. Oscar B. Mclnnis, Petitioner v. District Grievance Committee for District 12-B of the State Bar of Texas, etc. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth Supreme Ju- dicial District, denied.

No. 81-1795. Smith International, Inc., Petitioner v. Hughes Tool Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1812. Founding Church of Scientology of Washington, D.C.,

Inc., Petitioner v. Donald T. Regan, Secretary of the Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1816. Cleve Canham, Petitioner v. Oberlin College. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1823. Maecom S.A., Geneva, et al., Petitioners v. Anglomar Bulkcarriers, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 81-1825. Kenneth James Crossman and Gerald Reecl Pierce, Pe- titioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1841. Charlie E. Conway, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-1850. Fernando Knyff and Patricia Knyff, Petitioners v.

United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. 626 MONDAY, MAY 17, 1982

No. 81-1874. Sentinel Government Securities and Sentinel Financial

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

No. 81-1877. David Brummitt, Petitioner v. United States; and Jack

Wayne Scarborough, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1898. Kenneth Brewer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1902. Tamotsu Tanaka, Petitioner v. Creditors' Committee #1, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1912. Huber and Antilla Construction, Petitioner v. Carpen- ters Local 470, United Brotherhood of Carpenters and Joiners of Amer- ica, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1914. Harold Pearson, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1927. Earl Foster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1937. Michael Booth, et al, Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1952. Phillip Rowe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1957. Tomas Reyes Pena, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1981. Cotton Belt Insurance Company, Inc., et al., Petition- ers v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6078. Carol A. Taylor, Petitioner v. Minneapolis Public Schools and Minneapolis Federation of Teachers No. 59. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. MONDAY, MAY 17, 1982 627

No. 81-6090. Robert Wayne Smith, Petitioner v. Vernon Housewright, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6126. Roland Vance, Petitioner v. Jerry C. Hedrick, Acting Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6222. Robin Adare Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6249. Charles Culhane, Petitioner v. David Harris, Superin- tendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6258. Albert Lonzo Cantrell, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6329. Gene Douglas Wooton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6344. Gable Gibson, Petitioner v. United States;

No. 81-6373. Gregory Lamont Williams, Petitioner v. United States; and

No. 81-6379. Kelvin Hasting, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6348. Gareth Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6374. Rex Boston, Petitioner v. Thomas Difanis. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6387. Joseph Alvesta Barbee, Petitioner v. J. P. Mitchell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6392. Thomas Zarcone, Petitioner v. William M. Perry, et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-6393. Omar Ben Ahmed, Petitioner v. Frederick 628 MONDAY, MAY 17, 1982

Eikerenkoetter. Petition for writ of certiorari to the District of Colum- bia Court of Appeals denied.

No. 81-6397. Pedro Arroyo, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-6399. John D. Koop, et al., Petitioners v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied.

No. 81-6402. Frantz Hyppolite, Petitioner v. ABC, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-6403. Joseph Leon Chase, Petitioner v. Ross Maggio, Jr.,

Warden, Hunt Correctional Center, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 81-6412. Jerry Lewis McLaughlin and Willie George Williams,

Petitioners v. City of LaGrange, Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6413. Frank Belasco, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6414. Clifford Davis, Petitioner v. Robert F. Parratt, War- den, Nebraska State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6417. John Lee Reed, Petitioner v. Dr. Webster, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6420. Robert Carter, Petitioner v. Arnold R. Jago, Superin- tendent, Southern Ohio Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6427. Jesse Roots, Petitioner v. Louie L. Wainwright, Secre- tary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6428. Bobby Ray Kines and Ronald St. Pierre, Petitioners v.

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

No. 81-6429. Beatrice M. Forston, Petitioner v. Orange Unified

School District, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6430. Daniel M. Groff, Petitioner v. Township of Elizabeth, MONDAY, MAY 17, 1982 629

Lancaster County, PA. Petition for writ of certiorari to the Common- wealth Court of Pennsylvania denied.

No. 81-6433. Brian Lee W., a Minor, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6434. Nelson Lewis, Jr., Petitioner v. Ted Engle, Superin- tendent, Chillicothe Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6436. Walter Penn, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied.

No. 81-6438. Roger Aldworth Beach, Petitioner v. Lewis Kapner, Judge, Fifteenth Judicial Circuit of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6439. Harry Richards, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 81-6440. Hardy L. Paschal, Petitioner v. Florida Department of Labor and Employment Security, Division of Employment Security, et

al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, Third District, denied.

No. 81-6441. Spencer Watson, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied.

No. 81-6446. David Lynn C, a Minor, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6447. Henderson Ah Lo, et al., Petitioners v. Hawaii. Peti- tion for writ of certiorari to the Intermediate Court of Appeals of Ha- waii denied.

No. 81-6449. William Johnson, Petitioner v. Joseph Z. Adams, etc. Petition for writ of certiorari to the Supreme Court of New Hampshire denied.

No. 81-6450. Aaron Holsey, Petitioner v. Correctional Officers McCauley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6456. Gary William Sayers, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First Dis- trict, denied.

No. 81-6457. Billy Wayne Sinclair, Petitioner v. John D. Hunter. Pe- 630 MONDAY, MAY 17, 1982 tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6467. Jessie D. McDonald, Petitioner v. Vinson Thompson, Former Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6487. Nathaniel Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-6501. Charles E. Dudley, Petitioner v. United States District

Court for the Central District of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6504. Jeffrey L. Maxwell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6507. Gerald Glen Boyden, Petitioner v. William French Smith, U.S. Attorney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6508. Gary Lee Zambito, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6510. Alan Carl Peterson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6514. Clovis Carl Green, Jr., Petitioner v. Norman A. Carlson, Director, Federal Bureau of Prisons. Petition for writ of certiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied.

No. 81-6515. Herman Nickerson, Petitioner v. T. F. Wright and Na- tionwide Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6523. Matthew V. Strinich, Petitioner v. Clairton School Dis- trict. Petition for writ of certiorari to the Supreme Court of Pennsylva- nia, Western District, denied.

No. 81-6526. Daniel J. Bowles, 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. 81-6539. Octavie Fince, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. MONDAY, MAY 17, 1982 631

No. 81-6541. In Re Trevor Davies Baird, Recalcitrant Witness Be- fore Grand Jury, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6542. Talmon Hegwood, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6550. Proctor Howe Avon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6564. William R. Cook, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6567. Gordon London, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6589. John W. Rhodes, IV, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6590. Trino Paiz Benavidez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6596. William A. H. Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1448. Raymond International, Inc., Petitioner v. Glenn Paul Baker, Sr. The motion of petitioner to strike portions of respondent's brief is denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1479. Gulf Oil Corporation, et al., Petitioners v. Petrol Stops Northwest and Kenneth B. Galligan. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 81-1746. Purex Corporation, Petitioner v. The Procter & Gamble Company and The Clorox Company. 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 this petition.

No. 81-1563. The Sacramento Bee, etc., Petitioner v. United States District Court for the Eastern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Brennan would grant certiorari. 632 MONDAY, MAY 17, 1982

No. 81-1665. Dale K. Dykema, etc., et al, Petitioners v. United States and Henry Graner, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice White would grant certiorari.

No. 81-1730. Frank A. Hall, et al., Petitioners v. Albert Blake, et al. The motion of respondents Albert Blake, Ralph Hamm and Patrick Rahilly 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. 81-1769. Federated Publications, Inc., Petitioner v. Byron L. Swedberg, Judge, Superior Court of Whatcom County. Petition for writ of certiorari to the Supreme Court of Washington denied. Justice Brennan and Justice Marshall would grant certiorari.

No. 81-5379. Henry Perry Sireci, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5562. Fred Marion Gilreath, Jr., 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. 81-5784. Robert Ike Combs, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5848. Larry Gilbert and J. D. Gleaton, Petitioners v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5944. Charles Dwight Messer, 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. 81-6338. Keith Fair, Petitioner v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dis- senting statement by Justice Brennan and Justice Marshall.

No. 81-6385. Ignacio Alberto Ortiz, 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. 81-6435. Carey Dean Moore, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. Dissenting statement by Justice Brennan and Justice Marshall. MONDAY, MAY 17, 1982 633

No. 81-6437. 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.

Rehearings Denied

No. 80-2092. SCM Corporation, Petitioner v. Xerox Corporation;

No. 81-363. James H. Karr, Petitioner v. Joanne D. Karr; No. 81-417. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. Antonio Perez;

No. 81-547. David Diaz, et ux., et al., Petitioners v. Ronald Beyer, et ux.;

No. 81-1000. California State Board of Equalization, Appellant v. United States;

No. 81-1343. Jean Rosenbaum, Petitioner v. Kurt Rosenbaum;

No. 81-1419. Eunice C. Madison, Petitioner v. Marion S. Barry, Jr., etc., et al.;

No. 81-1471. John R. Immer, Petitioner v. Puerto Rico Maritime

Shipping Authority, et al.;

No. 81-1542. Stanley C. Mazaleski, etc., Petitioner v. Richard S. Schweiker, Secretary, Department of Health and Human Services, et al.;

No. 81-5897. Lawrence Doby Wilson, Petitioner v. United States;

No. 81-6132. Steven Douglas Hamilton, Petitioner v. Richard Mays, et al.; and

No. 81-6395. Violette Goldblatt, Petitioner v. Elaine & Martin Vogel, et al. Petitions for rehearing denied.

No. 81-824. Edward Dennis Jacks, Jr., Petitioner v. Jack R. Duckworth, Warden; and

No. 81-5418. Timothy Papp, Petitioner v. Arnold R. Jago, Superin- tendent, London Correctional Institution. The motions for leave to file petitions for rehearing are denied.

Recess Order

The Court will take a recess from today until Monday, May 24, 1982.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Hylon Lewis Adams Austin, TX Horace J. Blanchard 634 MONDAY, MAY 17, 1982

Applicant City and State Movant

Les Andersen Midland Park, NJ William J. Morrison Jerome Anderson Billings, MT Carolyn Sue Ostby David L. Applegate Chicago, IL Frederick F. Cohn Steven D. Atkinson Long Beach, CA John W. Prager Jr. Thomas A. Autry Austin, TX Kenneth E. Houp Jr. James C. Backstrom Inver Grove Robert F. Carolan Heights, NM David Alan Bailie Champaign, IL Robert James Steigmann Stewart Abercrombie Washington, DC Monroe Leigh Baker Wayne E. Barlow Los Angeles, CA Robert J. Attaway Roy D. Bates Columbia, SC Walter J. Bristow Jr. Joseph C. Biscone II Oklahoma City, Richard R. Bailey OK Michael Tommy Bolus Charleston, SC Harry Olander Shaw III William Douglas Bond III Memphis, TN Marvin C. Goff Jr. Thomas Alan Briscoe Waukegan, IL Fred L. Foreman Earl Terry Brown Montgomery, AL Samuel Alston Beatty Robert P. Brown East Lansing, MI Arthur E. D'Hondt Daniel Jerome Buckley Wilmington, OH James Paul Miller Francis X. Cameron Pittsburgh, PA Morris J. Levin Colin Francis Campbell Phoenix, AZ Thomas William OToole Allen J. Capeloto San Francisco, CA James Richard Parrinello Joseph Grant Carroll III Cincinnati, OH Andrew Bailey Dennison Alan M. Cashman Hanover, PA Donald L. Reihart Frederick Ray Casteel Dallas, TX Dorothy Louise Boucher MONDAY. MAY 17. 1982 635

Applicant City and State Movant

Lauren James Caster Phoenix, AZ Philip Ernst von Ammon David Korach Chapman San Antonio, TX Gerald Harris Goldstein John D. Clemen River Vale, NJ Raymond M. Tierney Jr. Harriett M. Cody Seattle, WA M. Margaret McKeown William J. Cohen Elkhart, IN Richard Michael Parker Joseph R. Colantuono Kansas City, MO Thomas F. Eagleton Maurice R. Colberg Jr. Billings, MT R. F. Hibbs Mark S. Connell Missoula, MT Michael G. Alterowitz James F. Connors Fitchburg, MA David J. Sargent Robert Gordon Cooper Columbia, SC Walter J. Bristow Jr. Mark Alan Corchin Philadelphia, PA Richard Mark Meltzer Michael A. Cosentino Elkhart, IN R. Michael Parker Michael John Cozzi Chicago, IL Nicholas A. DeJohn William Anderson Cross Jr. Needham, MA David J. Sargent Thomas A. Culbertson Los Angeles, CA John J. Costanzo Stephen Edward Darling Charleston, SC Charles Haskell Gibbs John Thomas Daugirda Salem, OR Gary Dana Babcock Michael C. Devine New York, NY David M. Butowsky Thomas A. DiLuglio Providence, RI Francis C astrovillari James Bryan Dougherty Washington, DC James Watt Moorman George Drumming Jr. Old Hickory, TN Ralph Dobbins York Les W. Dubow San Diego, CA Edwin L. Miller Jr. 636 MONDAY, MAY 17, 1982

Applicant Citv and State Movant

John C. Durgin Jr. Stoneham, MA David J. Sargent Douglas S. Ebenstein Hartford, CT Gary Richard Gold Stephen Sloan Eberly Cincinnati, OH Gary D. Bullock Gary Elias New York, NY Richard Nicholas Petrocelli John Robert Flowers Jr. New Orleans, LA Robert F. Hill Thomas Michael Frame Sacramento, CA Robert Nelson Stark G. Howden Fraser Los Angeles, CA Aaron Martin Peck Daniel M. Frey Hanover, PA Donald L. Reihart Paul Lewis Gabbert Los Angeles, CA Richard Gary Hirsch Joan D. Gelber Cranford, NJ Claude Elaine Salomon Gregory Ford Gilbert Sacramento, CA L. Anthony White David Barry Goldston Washington, DC Earl W. Kintner Samuel S. Goren Fort Lauderdale, Edward J. Stack FL Paul William Grace Arlington, VA Jo Ann Smith Curtis Gilson B. Gray III New York, NY Herbert Wechsler John Fletcher Graybeal Washington, DC John C. Christie Jr. James Thomas Greene Sacramento, CA Edward M. Kennedy Amy Greenfield Denver, CO Joseph S. Kaufman Steven W. Hale Lake Charles, LA Frank T. Salter Jr. Ryan Martin Halloran Nicholasville, KY Stanley Albert Stratford James Philip Hanrath Libertyville, IL Hercules Paul Zagoras Richard Michael Hawkins Nevada City, CA Charles F. Bond II Jeffrey W. Herrmann New York, NY Francis Yoshito Sogi MONDAY, MAY 17, 1982 637

Applicant City and State Movant

Alan R. Hoffman Boston, MA Paul F. Ware Jr. Charles F. Hoffman Harrisburg, PA John G. Alford Noel Robert Holland Midland Park, NJ William J. Morrison Robert E. Holland Boston, MA Philip G. Boyle Arletha Ruth Horton Mission Viejo, CA Simmie R. Monroe Stephen David Ivey Philadelphia, PA Arvin Maskin Samuel Jacob Jason Los Angeles, CA Anthony C. Manzella Jr. Stephen Warfield Johnson Leesburg, FL Thomas Newcomb Hyde Burl Jackson Jones Jr. Marble Falls, TX Judge E. F. Gianotti Steven L. Josias Fort Lauderdale, Edward J. Stack FL David B. Kahn Chicago, IL William J. Harte Paul A. Kastler Raton, NM George T. Harris Jr. Coby N. Keller Costa Mesa, CA John Christian Yoder Paul F. Kelly Boston, MA Harold B. Roitman Charles R. H. Kluver Omaha, NB Paul F. Peters Robert B. Kopelson San Jose, CA Quentin H. Smith James S. Kostas Palmdale, CA Matthew L. Hatfield Martin Kramer New York, NY Robert Graham Kurzman David Ray Lasso Arlington, VA Charles Gallagher Flinn Sull Lawrence Beverly Hills, CA Newton Kalman Thomas Jay Leanse Long Beach, CA Joan Susan Cherry Ronald J. Levasseur Towson, MD Edward A. Palamara Kathleen McHenry Lien Chicago, IL Thomas Edward Holum Carol MacKinnon Falls Church, VA Wallace Lamar Duncan Ooo MONUA i , MAY 17, 1982 Applicant City and State Movant

Richard Jeffrey Magid Baltimore, MD Robert Morley Wright William S. Mandel Washington, DC Richard Paul Mandel Samuel Robert Washington, DC Anthony Frank Mandelbaum Gonzalez Andrew Joshua Markus Miami, FL Al Cardenas C. Richard Marshall Columbus, IN Maurice Allen David David L. Martin Redwood City William W. , CA Larsen Rodney Andrew Max Birmingham, AL Charles L. Denaburg Jeffrey A. McChristian Hartford, CT Michael Allan Peck John L. McClain Overland Park, G. Joseph Pierron KS Patrick J. McGill Torrance, CA Douglas Clinton Conroy Robert W. McMahon Quincy, MA David J. Sargent Nolen Page Milburn Jr. Palmdale, CA Matthew L. rid Liiciu Gregory L. Monge Ashland, KY Carl D. Edwards Jr. Ellen Morris West Palm Beach, Craig Stewart FL Barnard Harold B. Morris Quincy, MA David J. Sargent Robert G. Morvillo New York, NY Otto G. Obermaier Alberto A. Munoz II McAllen, TX Rafael H. Flores Ruben Nazario New York, NY John Chipman Gray Jr. W. Owen Nitz Las Vegas, NV William Sherrick Barker Julio A. Nolla-Amado San Juan, PR Mary Eliza Armstrong de Watlington John W. Noonan Livermore, CA Stanley P. Golde Georgiana Nygaard Los Angeles, CA Hugh Massey Ray Jr. MONDAY, MAY 17, 1982 639

Applicant City and State Movant

James Lawrence Nygaard Orange, CA Hugh Massey Ray Jr. Lawrence D. O'Gara Chicago, IL Thomas A. Hett David Conrad Olson Cincinnati, OH James Ralph Adams Jocelyn Furtwangler Olson St. Paul, MN Warren Spannaus Jon Ryoichi Ono Hilo, HI Richard Tadashi Ishida Charles Padorr Arlington, TX Bill Kimble John Ruston Pagan Little Rock, AR William F. Swindler Ronald T. Pohl Los Angeles, CA Stephen Michael Adamson John F. Povilaitis Harrisburg, PA Daniel P. Delaney Joseph R. Rackman Miami, FL Sydney S. Traum Kenneth Carter Raney Jr. Houston, TX Jimmy Morris Richards Ronald Bennett Ravikoff Miami, FL Alan Theodore Dimond Gary Clark Rhodes Oklahoma City, Leamon Freeman OK James A. Roberts San Francisco, CA Victor B. Levit Joseph J. Rodio Providence, RI Stephen E. Cicilline David E. Rosenbaum Philadelphia, PA Vincent Peter Wynne Jr. John Walker Ross Billings, MT Carolyn Sue Ostby Roger R. Roy New Orleans, LA Roger M. Denton R. Edgar Sanderson San Francisco, CA James Calvin Simpson Thomas Lawrence Sartini Ashtabula, OH Claude Wilson Nicholson Jr. Anthony J. Scalora Sacramento, CA L. Anthony White Charles Edward Schmidt New York, NY George W. Sullivan Salvatore Anthony Scimeca Wichita, KS Charles Allen Jr. O'Hara Don George Scroggin Washington, DC Robert Sargent Shriver Jr. 640 MONDAY, MAY 17, 1982

Applicant City and State Movant

Robert Elliot Semensohn Whitestone, NY Isaac Blachor Lawrence H. Sharf New York, NY Edward Robert Korman Terry C. Shewmaker Elkhart, IN R. Michael Parker R. Spencer Shytles Dallas, TX Allah B. Conant Jr. Robert Wayne Shytles Dallas, TX Allah B. Conant Jr. Brian T. Silvestro Fairfield, CT Alexander W. Samor C. Whitney Slabaugh Elkhart, IN R. Michael Parker Peter Paul Slepchuk Jr. Springfield, MA David J. Sargent Allen Joel Smith Miami Beach, FL Marion E. Sibley Ken W. Smith Hazlehurst, GA E. M. Wilkes III Wilburn Smith III Newport Beach, Mitchell CA Samuelson Arthur K. Snyder Los Angeles, CA David Richard Glickman Catherine Curry Staib Lexington, KY Dandridge F. Walton Mary Ellen Staley Marietta, GA Charles E. Clark Robert D. Stewart Jr. Oklahoma City, John L. Arlington OK Jr. Matthew A. Sumner Wayne, NJ Howard David Zuckerman John Anthony Tartaglia New York, NY John J. Bower Regina Williams Tate Boston, MA Timothy J. Murphy M. Robert Thornton Atlanta, GA Kirk M. McAlpin Douglas W. Tufts Seattle, WA John J. O'Connell Dale Chakarian Turza Washington, DC William P. Rogers Mart Vehik Little Rock, AR Arthur John Anderson Jr. Edward Francis Vena Boston, MA Paul F. Hannah Gerard Bernard Wattigny New Iberia, LA Dracos D. Burke Larry Clark Weaver Decatur, AL John A. Caddell David A. Weinfeld Santa Ana, CA Michael C. Sudol Jr. MONDAY, MAY 17, 1982 641

Applicant City and State Movant

William E. Weller Cocoa Beach, FL Clarence Traylor Johnson Jr. David A. Welte Kansas City, MO Thomas F. Eagleton Barry A. Weprin Larchmont, NY Lawrence B. Pedowitz Timothy S. White Cedar Rapids, IA Ralph Warren Gearhart Jr. Brian William Wice Houston, TX Sam Houston Clinton Jr. James Larry Wiggins Baltimore, MD Robert McDowell Parker Jr. Donald LeRoy Williams Kansas City, MO Morris M. Hatchett Michael James Winer Miami Beach, FL Marion E. Sibley James T. Winkler Los Angeles, CA John W. Prager Jr. Lynda Mae Wong Los Angeles, CA Robert Irving Weil John Paul Woodley Jr. Richmond, VA D. Dortch Warriner Michael L. Zaleski Madison, WI James D. Jeffries William A. Zucker Boston, MA Paul F. Hannah

Opinions

No. 81-535. United States Department of State, et al., Petitioners v. The Washington Post Company. 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 Jus- tice Rehnquist. Justice O'Connor concurs in the judgment.

No. 80-986. North Haven Board of Education, et al., Petitioners v. Terrel H. Bell, Secretary, Department of Education, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice Powell with whom the Chief Justice and Justice Rehnquist join. MONDAY, MAY 17, 1982 642

No. 80-1765. American Society of Mechanical Engineers, Inc., Peti- tioner v. Hydrolevel Corporation. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Blackmun. Opinion by Chief Justice Burger concurring in the judgment. Dissenting opinion by Justice Powell with whom Justice White and Justice Rehnquist join.

No. 80-6045. Rubin Kremer, Petitioner v. Chemical Construction Corporation. On writ of certiorari to the United States Court of Ap- peals for the Second Circuit. Judgment affirmed. Opinion by Justice White. Dissenting opinion by Justice Blackmun with whom Justice Brennan and Justice Marshall join. Dissenting opinion by Justice Stevens.

No. 81-341. Joseph Greene, et al., Appellants v. Linnie Lindsey, et al. Appeal from the United States Court of Appeals for the Sixth Cir- cuit. Judgment affirmed. Opinion by Justice Brennan. Dissenting opinion by Justice O'Connor with whom the Chief Justice and Justice Rehn- quist join.

No. 80-2150. Donald Finnegan, et al., Petitioners v. Harold D. Leu, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Chief Justice Burger. Concurring opinion by Justice Blackmun with whom Justice Brennan joins. No. 80-2205. Morgan M. Finley, Clerk of the Circuit Court of Cook County, Illinois, Petitioner v. Toni Murray. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Writ of certiorari dismissed as improvidently granted. Opinion per curiam announced by Chief Justice Burger.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Thomas F. Loisso Woodstock, IL Robert McClory Gayle Rubinstein Posner Los Alamitos, CA Jerry M. Patterson Wilfrid Cunningham San Bernardino Jerry M. Lemann CA Patterson Joseph L. Mack Chicago, IL Judge Benjamin S. Mackoff Mitchel P. Davis Chicago, IL Judge Benjamin S. Mackoff Robert A. Yahiro Los Angeles, CA Francis J. Lorson A

MONDAY, MAY 17, 1982 643

Applicant City and State Movant

John Wesler Baker Washington, DC Robert Shelton Baker Jane Anne Golden Washington, DC Ephraim Jacobs Sheila Elizabeth Brown Baker, CA Craig T. Othmer Dale Tooley Denver, CO Andrew L. Sonner Douglas Lemax Cheshire Melbourne, FL Andrew L. Sonner Jr.

Donald R. Mason Des Moines, I Andrew L. Sonner Gene W. Shepard Allison, IA Andrew L. Sonner Thomas Rhea Cushman Horseshoe Bend, Andrew L. Sonner ID Daniel Louis Frizzi Jr. Bellaire, OH Bernard G. Lancione Richard Evert Melanko Shadyside, OH Bernard G. Lancione Michael J. Presutti Martins Ferry, Bernard G. OH Lancione Frederic Stephen Ury Westport, CT David J. Sargent Donald Mark Gilberg Washington, DC David J. Sargent Susan B. Alevizos Boston, MA David J. Sargent Mary-Lou Brennan Quincy, MA David J. Sargent Daniel John Brown Melrose, MA David J. Sargent Theresa A. Buffum II Rockland, MA David J. Sargent Francis D. Burke Boston, MA David J. Sargent Joseph William Casey Boston, MA David J. Sargent Henry A. Cashman Boston, MA David J. Sargent Paul J. Cavanaugh Medford, MA David J. Sargent John Armand Cohan Boston, MA David J. Sargent Willaim J. Crowley III Boston, MA David J. Sargent Elizabeth A. DiLoreto Winchester, MA David J. Sargent Brian Edward Donovan Braintree, MA David J. Sargent John Franklin Doyle Arlington, MA David J. Sargent Catherine Ellen Durkin Woburn, MA David J. Sargent Philip Feinzeig Leicester, MA David J. Sargent Thomas P. Gay Taunton, MA David J. Sargent Paul J. Harrington Boston, MA David J. Sargent Paul J. Hodnett Boston, MA David J. Sargent John G. Hommel Boston, MA David J. Sargent 644 MONDAY. MAY 17. 1982

Applicant City and State Movant

David Jenkins Boston, MA David J. Sargent Barbara Johnson Nantucket, MA David J. Sargent Alan Hildreth King Falmouth, MA David J. Sargent Richard M. Lane Boston, MA David J. Sargent Michael E. Lombard Andover, MA David J. Sargent David M. Lynch North Scituate, David J. Sargent MA Michael Joseph Manfreda Boston, MA David J. Sargent Lenore Cooper Marvit Boston, MA David J. Sargent Robert A. McKenney Groton, MA David J. Sargent Susan Beth Nissenbaum Somerville, MA David J. Sargent John J. O'Neill Boston, MA David J. Sargent Jeffrey S. Ogilvie Boston, MA David J. Sargent Thomas G. Palumbo Newbury, MA David J. Sargent Emmanuel Nicholas Peabody, MA David J. Sargent Papanickolas Patricia D. Perry Norwood, MA David J. Sargent Joseph Michael Princi Boston, MA David J. Sargent Anthony Ralph Rizzo Lynnfield, MA David J. Sargent Morris Shapiro Framingham, MA David J. Sargent Marie E. Snyder Boston, MA David J. Sargent Howard Haskell Swartz Boston, MA David J. Sargent Terrence T. Sweeney Boston, MA David J. Sargent Vincent M. Tentindo Boston, MA David J. Sargent Patrick Kevin Blainey Boston, MA David J. Sargent Tracy William Roger Tuttle Boston, MA David J. Sargent Edward F. Wallace Chelmsford, MA David J. Sargent Randall Benjamin Warren Boston, MA David J. Sargent Patrick J. Wood Chelmsford, MA David J. Sargent Beverly B. Kennedy Bethlehem, NH David J. Sargent Steven Dale Altman East Brunswick, David J. Sargent NJ Gil Douglas Messina Rumson, NJ David J. Sargent Kathleen Gooden DiMuro Cranston, RI David J. Sargent William Kenneth O'Donnell Warwick, RI David J. Sargent Stephen J. Shechtman Providence, RI David J. Sargent Richard C. Tallo Providence, RI David J. Sargent MONDAY, MAY 17, 1982 645

Applicant City and State Movant

John David Zielinski Providence, RI David J. Sargent Billie Sue T. Sanders Knoxville, TN David J. Sargent Daniel W. Crout Edgewood, KY Robert Taft Jr. Laurence Allen Bonhaus Cincinnati, OH Robert Taft Jr. Barbara Louis Brigham Cincinnati, OH Robert Taft Jr. Richard Lee Buchanan Cincinnati, OH Robert Taft Jr. Robert William Cettel Cincinnati, OH Robert Taft Jr. Paul H. Corden Cincinnati, OH Robert Taft Jr. Raymond T. Faller Cincinnati, OH Robert Taft Jr. Kelly Farrish Cincinnati, OH Robert Taft Jr. Ralph Peter Ginocchio Cincinnati, OH Robert Taft Jr. Kenneth J. Koenig Cincinnati, OH Robert Taft Jr. Frank Wilbur Malott Cincinnati, OH Robert Taft Jr. John H. Metz Cleveland, OH Robert Taft Jr. Charles Edward Mitchell Cincinnati, OH Robert Taft Jr. C. Edward Noe Cincinnati, OH Robert Taft Jr. Peter L. Outcalt Cincinnati, OH Robert Taft Jr. John Joseph Podesta Cincinnati, OH Robert Taft Jr.

Adjourned until Monday, May 24, 1982 at 10 o'clock. x

(JOURNAL) MONDAY, MAY 24, 1982 647 SUPREME COURT OF THE UNITED STATES

Appeals—Summary Disposition

No. 81-1785. Ernest A. Hunter, Appellant v. New York State De- partment of Civil Service. Appeal from the Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question.

No. 81-1855. Red Owl Stores, Inc., Appellant v. Commissioner of Agriculture. Appeal from the Supreme Court of Minnesota. The appeal is dismissed for want of a substantial federal question.

No. 81-1787. Donald J. Devine, Director, Office of Personnel Man- agement, et al., Appellants v. Thomas P. Sullivan. Appeal from the United States District Court for the Northern District of Illinois. The judgment is vacated and the case is remanded to the United States Dis- trict Court for the Northern District of Illinois with instructions to dismiss the cause as moot.

No. 81-1814. Lake Carriers' Association, et al. Appellants v. Frank , J. Kelley, Attorney General of Michigan, et al. Appeal from the United States District Court for the Eastern District of Michigan. The judgment is affirmed.

Certiorari—Summary Disposition

No. 80-493. United States Department of Education, Petitioner v. Seattle University. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The motion of American Civil Liberties

Union Women's Rights Project, et al. for leave to file a brief as amici curiae 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 fight of North Haven Board of Education v. Bell, 456 U.S. (1982). -

No. 80-1023. Terrel H. Bell, Secretary of Education, et al., Petition- ers v. Dougherty County School System, etc. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. 648 MONDAY, MAY 24, 1982

The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of North Haven Board of Education v. Bell, 456 U.S. (1982).

Orders in Pending Cases

No. A-950. Board of Trustees of the Internal Improvement Trust Fund of Florida, Applicant v. American Cyanamid Company. The application to recall and stay the mandate addressed to Justice Brennan and referred to the Court is denied. No. D-258. In the Matter of Disbarment of Stanley Roy Root. Dis- barment entered.

No. D-259. In the Matter of Disbarment of Bernard J. Coven. Dis- barment entered.

No. D-273. In the Matter of Disbarment of Richard P. Micun. It is ordered that Richard P. Micun, of Evergreen 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. 81-827. Jefferson County Pharmaceutical Association, Inc. , Peti-

tioner v. Abbott Laboratories, et al. The motion of respondent Board of Trustees of the University of Alabama 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. 81-1271. Falls City Industries, Inc., Petitioner v. Vanco Bever- age, Inc. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

No. 81-1958. Arizona Electric Power Cooperative, Inc., Petitioner v.

Mid-Louisiana Gas Company, et al. The motion of petitioner to expedite consideration of petition for a writ of certiorari is denied.

Appeals-^Iurisdiction Noted or Postponed

No. 81-185. Chris Simopoulos, Appellant v. Virginia. Appeal from the Supreme Court of Virginia. In this case probable jurisdiction is noted.

No. 81-1574. Local 926, International Union of Operating Engineers, AFL-CIO, et al., Appellants v. Robert C. Jones. Appeal from the Court of Appeals of Georgia. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits. MONDAY, MAY 24, 1982 649 Certiorari Granted

No. 81-1636. Florida, Petitioner v. Frank J. Brady, et al. Petition for writ of certiorari to the Supreme Court of Florida granted.

No. 81-1686. James G. Watt, Secretary of the Interior, et al., Peti- tioners v. Western Nuclear, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

No. 81-746. City of Akron, Petitioner v. Akron Center for Reproduc- tive Health, Inc., et al.; and

No. 81-1172. Akron Center for Reproductive Health, Inc., et al., Pe- titioners v. City of Akron, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. No. 81-1255. Planned Parenthood Association of Kansas City, Mis- souri, Inc., et al, Petitioners v. John Ashcroft, Attorney General of

Missouri, et al.; and

No. 81-1623. John Ashcroft, Attorney General of Missouri, et al. , Pe- titioners v. Planned Parenthood Association of Kansas City, Missouri,

Inc. , 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. 81-1494. John R. Block, Secretary of Agriculture, et al., Peti- tioners v. Onilea Neal. 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.

No. 81-1661. General Motors Corporation, Petitioner v. Devex Cor- poration, et al. The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.

Certiorari Denied

No. 80-1771. Hydrolevel Corporation, Petitioner v. American Soci- ety of Mechanical Engineers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 80-2138. Iris Carter, Petitioner v. Dayton Board of Education, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-854. Francois Seguin and Patrick Black, Petitioners v. Akron

Center for Reproductive Health, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 650 MONDAY, MAY 24, 1982

No. 81-1274. Wynona Clarady Robinson, Petitioner v. City of Junc- tion City. Petition for writ of certiorari to the Court of Appeals of Kan- sas denied. No. 81-1360. Home Indemnity Company and National Indemnity Company, Petitioners v. Douglas W. Oesterle. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1486. David J. Friedland, Petitioner v. United States; and

No. 81-1490. Jacob Friedland, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1495. Vernon P. Moore, Petitioner v. Emily Jordan, et vir. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1508. Andrew Martin Marine Corporation, et al. , Petitioners v. Motoren-Werke Mannheim, A.G., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-1629. The American Indians Residing on the Maricopa-Ak Chin Reservation, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1630. Gaetano Modica, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1658. Denise Monaco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1660. Memphis Mobile Telephone, Inc., 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. No. 81-1683. Edward W. Maher, Commissioner of Income Mainte- nance of Connecticut, Petitioner v. Richard S. Schweiker, 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. 81-1701. Ugbone Johnson, Petitioner v. J. Ray McDermott &

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

No. 81-1718. Devex Corporation, et al., Petitioners v. General Mo- tors Corporation; and MONDAY, MAY 24, 1982 651

No. 81-1865. Devex Corporation, et al., Petitioners v. General Mo- tors Corporation. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1739. George L. Eady, Petitioner v. Yukiko Erbe. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.

No. 81-1781. Solebury Township, et al., Petitioners v. Heritage

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

No. 81-1797. Theatre Techniques, Inc., Petitioner v. United Scenic Artists, Local 829 of the Brotherhood of Painters and Allied Trades,

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

No. 81-1801. Milton Kramer, Petitioner v. Robert Abrams, Attorney General of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 81-1807. Southeastern Pennsylvania Transportation Authority,

Petitioner v. Railway Labor Executives' Association, et al. Petition for writ of certiorari to the Special Court, Regional Rail Reorganization Act of 1973 denied.

No. 81-1822. Joseph R. Fiala, Petitioner v. Village of Carpenters- ville. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 81-1824. Avie Cohen and Leonard Bednarz, Petitioners v. United States; and

No. 81-1851. Anthony Michael Carlone, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1826. Fred N. Davis, et al., Petitioners v. City of South Bend. Petition for writ of certiorari to the Court of Appeals of Indiana denied.

No. 81-1827. The E. W. Scripps Company, Petitioner v. Bernard J.

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

No. 81-1838. Hughes Tool Company, Petitioner v. Willie D. Rich- ards. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Supreme Judical District, denied.

No. 81-1846. Barbara Lustgarten, Petitioner v. David S. Ayres, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 652 MONDAY, MAY 24, 1982

No. 81-1854. Philip D. Lyons, Petitioner v. Nippon Gakki Seizo Ka- bushiki Kaisha (Nippon Gakki Co., Ltd.), et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1892. C. Anne Bonen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1901. Bernard Faker and Lillian Faker, Petitioners v. Gerald D. Elmore and Emilie D. Elmore. Petition for writ of certiorari to the

Court of Appeals of Washington, Division 2, denied.

No. 81-1932. James W. McCarty, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1935. Thomas McGrath, Petitioner v. State University of New York at Piattsburgh. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1939. Fred C. Barksdale, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1942. William D. "Bill" McCain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1975. Jules Saint Prix, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1977. Edward Hodakievic, Petitioner v. Charles R. Marado, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-1984. Marc A. Rosenberg, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1987. Bradley Bryant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-2029. Mary Vasile, et al., Petitioners v. Local 676, Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Petition for writ of certiorari to the United States Court of Appeals for-the Third Circuit denied.

No. 81-5113. Elinor Boice, etc., Petitioner v. State University of New York at New Paltz and Clifton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. MONDAY, MAY 24, 1982 653

No. 81-6214. Gerald Allen Lake, Petitioner v. W. J. Estelle, Jr., Texas Department of Corrections. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-6255. Ronald Wayne Bradbury, 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 Fifth Circuit denied.

No. 81-6285. Stanley Welton Mathis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6459. Alan R. Dohner, Petitioner v. Paul J. Morris, Warden. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-6460. Frazier Brown, Petitioner v. 0. A. Loggins, Superin- tendent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6466. James A. Wright, Petitioner v. George N. Leighton, Judge, United States District Court for the Northern District of Indi- ana. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 81-6468. Fermon T. Scott, Petitioner v. Jack Cowley, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

No. 81-6470. Billy Roy Scott, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied.

No. 81-6474. Oscar Antone, Jr., Petitioner v. Warden, Property Offi- cer, Maryland Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6475. John D. Thomas, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 81-6478. William John Posey, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

No. 81-6481. Richard Alex Bodette, Petitioner v. New York. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

No. 81-6482. Richard Miles Chaney, Petitioner v. Warden, Maryland Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6485. Artis Fadee Johnson, Petitioner v. William G. Milliken, 654 MONDAY, MAY 24, 1982 et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-6486. Raymond Jackson, Petitioner v, Jim Rose, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6488. Augusta Ethel Jackson, Petitioner v. District of Colum- bia Department of Employment Services. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-6495. Marie Smith Thompson, Petitioner v. Charles Morrow, et al. Petition for writ of certiorari to the Court of Appeals of Tennes- see, Middle Division, denied.

No. 81-6496. Ronald Clark, Petitioner v. John B. Wilmot, Superin- tendent, Elmira Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6544. Elmo C. Tatum, Petitioner v. National Bank of Com- merce. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-6565. Edward Kopack, Sr., et al., Petitioners v. National

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

No. 81-6577. Hassan M. M. Romieh, Petitioner v. Ronald 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. 81-6599. Paul Lawrence Montgomery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-6601. Clovis Carl Green, Jr., Petitioner v. Warden, U.S. Pen- itentiary, Terre Haute, Indiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 81-6605. Sam Tombrello, Jr., Jimmy Lee Wright and Floyd Leon Watson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6610. Norman Karl Scott, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6613. Gonzalo Gonzalez-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 81-6622. Lonnie Ray Parker, Petitioner v. United States. Peti- MONDAY, MAY 24, 1982 655 tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1460. Miguel Tejeda-Mata, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice O'Connor would grant certiorari.

No. 81-1497. Robert Cheveres, Petitioner v. Superior Court of the State of California, Ventura County (Glenda Cheveres Miller, Real Party in Interest). The motion of respondent Glenda Cheveres Miller for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied. No. 81-1512. Earl B. Dowdle, Superintendent, Safford Conservation Center, et al., Petitioners v. Emil Thompson Wright. 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. 81-1833. Michigan, Petitioner v. Norman Paintman. The motion of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Supreme Court of Michigan denied.

No. 81-1585. James G. Watt, Secretary of the Interior, et al., Peti- tioners v. Holmes Limestone Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Dis- senting opinion by Justice White with whom Justice Blackmun joins.

No. 81-1605. Red Ball Motor Freight, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice White with whom Justice Rehnquist joins.

No. 81-1715. Railway Labor Executives' Association, Petitioner v. Walter G. Scott, Trustee of the New York, Susquehanna & Western Railroad Company, et al. The motion of petitioner to consolidate the petition for writ of certiorari with 81-1805, Railway Labor Executives' Association v. Gibbons, etc., et al. is denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1805. Railway Labor Executives' Association, Petitioner v.

William M. Gibbons, etc., et al. The motion of petitioner to consolidate the petition for writ of certiorari with 81-1715, Railway Labor Execu- tives' Association v. Scott. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 81-1813. Robert Foust, Robert Ervin and Charles Cramer, Peti- 656 MONDAY, MAY 24, 1982 tioners v. Mark Alfred Garmon. The motion of respondent for leave to proceed in forma pauperis is denied. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1820. CFS Continental, Inc., et al., Petitioners v. Adams Ex- tract Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 81-1890. Ray Beckman, Petitioner v. Equal Employment Oppor- tunity Commission, et al. The motion of petitioner for leave to proceed as a veteran is granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6171. Alfred Brooks, Petitioner v. Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Dissenting opinion by Justice Brennan.

No. 81-6323. Dickie Gaines, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandumus Denied

No. 81-6464. In Re Larry Scoggins Estes, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 80-6701. Daniel Ross, Petitioner v. Amos Reed, etc., et al.;

No. 81-1369. Rebecca P. Schwanecke, etc., et al., Petitioners v. Har- ris County Hospital District;

No. 81-6224. Robert Franklin Godfrey, Petitioner v. Georgia;

No. 81-6278. Robert Henry Hartford, Petitioner v. Arizona;

No. 81-6282. Robert Delman Hejl, Petitioner v. Texas, et al.; and

No. 81-6297. Gary Lee McColpin, Petitioner v. Paula C. Eikelbloom, et al. Petitions for rehearing denied. No. 80-1430. Ted Engle, Superintendent, Chillicothe Correctional Institute, Petitioner v. Lincoln Isaac; and E.P. Perini, Superintendent, Marion Correctional Institution, Petitioner v. Kenneth L. Bell; and Ted Engle, Superintendent, Chillicothe Correctional Institute, Petitioner v. Howard Hughes. Petition of Howard Hughes for rehearing denied. Pe- tition of Lincoln Isaac for rehearing denied.

No. 80-1595. United States, Petitioner v. Joseph C. Frady. Petition for rehearing denied. The Chief Justice and Justice Marshall took no part in the consideration or decision of this petition. MONDAY, MAY 24, 1982 657 Recess Order

The Court will take a recess from today until Tuesday, June 1, 1982.

Admissions to the Bar on Written Motions

Applicant City and State Movant

Van E. Anastasiou Fort Lauderdale, Clifford B. FL Selwood Jr.

IT' ' T71T TT 1 TV TT eg Viva Leone Anderson Kissimmee, FL Hazel D. Huffman Steven E. Arnold Glastonbury, CT Paul Volpe Emile Atwood San Jose, CA Alan L. Nobler T TT A "11 T * TT7~\7' A J_1 /~\ Lawrence Herman Avenll Laramie, WY Anthony C. Jr. Morella XT "XT 1 XTIT Roman Badiak New York, NY Thomas F. Farley H. Gene Baldridge Ashland, KY Peggy Elizabeth Purdom Stephen Lindsley Baum New York, NY Victor A. Roque Warren James Breslin Chicago, IL Richard J. Brzeczek Steven Alexander Brigance Washington, DC Herbert Shelton Sanger Jr. Edward Merle Bubak Tyndall, SD Everett A. Bogue Dennis William Carroll Baltimore, MD Lawrence Bernard Coshnear James A. Caumeld Washington, DC Daniel L. 0 Connor Jr. David Walker Christensen Detroit, MI Lawrence Patrick Nolan Edwin L. Cohen Louisville, KY Louis Cohen John F. Crawford Hammond, IN Rhett Lloyd Tauber John A. Crawford Jr. San Diego, CA David Renwick Thompson Paul J. Curtin Jr. Syracuse, NY Gary Lee Orenstein

Peter I. Daniele Philadelphia, PA Rhonda Lee Jordan Jon R. Ewart Marshfield, MA David J. Sargent Arnold J. Falk Easton, PA Philip David Lauer 658 MONDAY, MAY 24, 1982

Applicant City and State Movant

Dennis Lee Fluegge Yakima, WA Cutler W. Halverson Robert Garcia New York, NY Louis C. Lustenberger Jr.

Joel E. Gooch Lafayette, LA Arthur I. Robison Kristie L. Green Jefferson City, Louren R. Wood MO Daniel Ray Gripe Maramec, OK David L. Boren Roger T. Hargrove Phoenix, AZ Elias M. Romley Robert Alley Hasty Jr. Houston, TX Thomas G. Johnson Francis J. Henderson White Plains, NY Henry G. Miller Robert L. Henry Jr. Ann Arbor, MI Edmond Francis DeVine Janice G. Hildenbrand Atlanta, GA Michael J. Bowers Leelane E. Hines Los Altos, CA Siegfried David Hesse Robert Ong Hing Phoenix, AZ Brice Isaac Bishop Douglas A. Hofmann Seattle, WA Paul C. Gibbs Thomas C. Hughes Jr. Champaign, IL J. Steven Beckett Donald W. Jacobs Washington, DC Anthony C. Morella S. David Jaffe Miami, FL David B. Javits Eric Robert Jenson Portland, OR Glenn J. Seeley Thomas Rawles Jones Jr. Alexandria, VA Charles Spittal Robb Barbara J. Klein Washington, DC Dale Alan Wright Mark J. Kolber Springfield, MA Paul H. Rothschild Joseph P. LaSala Newark, NJ Donald A. Robinson E. Jay Lease Sr. Cheyenne, WY Jeffrey Richard Edelman John Frederick Lemker Jr. Chicago, IL William N. Braun Daulton Joseph Lewis Jr. New York, NY H. Stephen Halloway Carol A. Mager Philadelphia, PA Thomas N. O'Neill Jr. c

MONDAY, MAY 24, 1982 659

Applicsnt v^icy ana otaie Movant

X_j U W dl LI 1VX. lVXdllUIl XTPhiladplnhiailXXdvlCipilXd, PAX xl Hiliary Hamilton Holloway

VV llxldlll xv. lVldpco tlx. VV dcnlXxlgLUil, i~f\J James D. McKinney Jr.

V XX glllld il. IVldX ©u OdXXlLSaint ClnnrlV^XUIXU, MNIVXli Roger R. Schmitt lVlxLIidcx d UI1I1 IVlLxJdllUlU WocninfrfonVV dOllXIlg IU11, TiiLJ\j Dale Alan Wright T/\7o o run rrtAn Tli^ James i nomas ivicividnus VV aoixxlxg LUxx, LJ\j Melvin Richter Totin TT TVTpiiHpv PiflcrpwnnH "W.T tl Cdll XX. IVXCdUCX XVXlXgC W UULl, XNtl Victor A. Roque TT TVTipVipI tlTampsdiiiCo XX . lVXXCllCX David Rowland Robinson T'nniono'nnlic T\T iJXUyUT lnvrl XX.TT lVlXXXllYCllMillikpn til.Tr lllUldlldpUxlb, ll> Fletcher Emerson Bovd

.TflTTipc* TT TVTnovp T Ashland1. XOll-lCll LKJ. y KYX3L X Peererv Elizabeth Purdom XVclipilPqIt^Vi AllUxcWA nrl iVlUXXlSA/T/"\Y*m V^lllLdgU, 11j Matthew E. Murray ^A/^icf PcjItyi "R no^n xPcrnldlxx v/LIlIlclln+hnpil IVxUyicM/w1p 111TTT WcSl rdxlll JDedCIl, Donald R Bicknell

J?FT,Xj Jr.

V^/cCll XXUlUIl rNcISUIl tlx. vjxHrppYwillpccllVlllc, UVj J. Strom Thurmond

.Tt* tl.TaTTiPsCllllCiJ TTphtvliClll V O'T^vipnv7 XJX ICli tr X . WhiteTT 1X1 UC XPlainsId/lllO, liNYX Francis T. Donohue xvdipiiRolnn WgUcIllirrH^n lllUldlldpUXlb,TnniQnonAiic ll>I'M Ronald Edward Elbercrer

0Tqtyiocdillcts XV.P V_/loUll(llcr»n T.ooXjdo VditooV Cgdfc, IN\]\/V William Sherrick Barker PriViiyi lACQr\n iityi onoyio J/vUUlIl tl Uocpil Wllldlldlld \^IllLdgU, 11_J Michael W. CoffieldVVXXX'UIU PViilorlplr^ViiQ lv. Vjr. Jdll x lxldx xilxxdUcipilld, xPArV Robert J. Reinstein

T r\o d nrralac i A Xjc&XIc tl Ucl XXCol/UIl IjUo -fxllgclcis, V_/-fx Robert LeRoy Wilson rvrv^vW" \A/i1motv» iliiivl/ J/vUUcxP I VV lllldlll V^Uxxn. ividx nils r ex x Karl y , W. Sommer WXXOTT Jr.

Lawrence-1—J LA VV X vllVV WilliamT T 11 11 C11 1 1 SaltzmankJC\± UZjI 1 1C11 1 Philadelnhia PA Joseph Francis Jaskiewicz James Robert Schroll Washington, DC Dale Alan Wright Robert T. Seiwell Media, PA Judge Francis James Catania 660 MONDAY, MAY 24, 1982

Applicant City and State Movant

John W. Shaw Los Angeles, CA Richard F. Runkle Jerry Vincent Smith Dickson, TN William McMillan Leech Jr. Stephen E. Streete Lake Charles, LA Frank T. Salter Jr. John Howard Sucke III New York, NY David Alter Reginald Irenee Vachon Auburn, AL Harold R. Tyler Jr. Michael Thomas Warshaw Red Bank, NJ Thomas Treacy Warshaw Charles L. Weintraub New York, NY Jacob Laufer David H. Wilkins Greenville, SC J. Strom Thurmond Alfred J. WiU New York, NY Thomas F. Farley A. Wayne Wright Phoenix, AZ Christopher A. Combs Brian Edward Wrobel New Orleans, LA Cyril Henry Reisgen II

Opinions

No. 80-1991. Oregon, Petitioner v. Bruce Alan Kennedy. On writ of certiorari to the Court of Appeals of Oregon. Judgment reversed and case remanded to the Court of Appeals of Oregon for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehnquist. Concurring opinion by Justice Powell. Opinion by Justice Brennan concurring in the judgment with whom Justice Marshall joins. Opinion by Justice Stevens concurring in the judgment with whom Jus- tice Brennan, Justice Marshall and Justice Blackmun join.

Board, et al. On writs of certiorari to the United States Court of Ap- peals for the Ninth Circuit. Judgment affirmed in part and vacated in part. Cases remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Marshall. MONDAY, MAY 24, 1982 661

No. 80-1735. Federal Bureau of Investigation, et al., Petitioners v. Howard S. Abramson. 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 White. Dis- senting opinion by Justice Blackmun with whom Justice Brennan joins. Dissenting opinion by Justice O'Connor with whom Justice Marshall joins.

No. 80-1714. Joseph S. Hopper, Commissioner, Alabama Depart- ment of Corrections and James D. White, Warden, Petitioners v. John Louis Evans, III. 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 Chief Justice Burger. Statement by Justice Brennan and Justice Marshall concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

James Raymond Santa Ana, CA Daniel E. Lungren Hammerton Daniel Hopkins Monroe Jr. Graham, ND Walter Eugene Johnston III Charles Clendenin Graham, NC Walter Eugene Thompson III Johnston III Evelyn Brissenden Washington, DC Victor John Chao Gerry L. Fellman Los Angeles, CA George Edward Marshall Jr. Alan F. Marblestone Encino, CA David B. Marblestone Amey Elizabeth DeSoto Washington, DC Francis Stephen Ruddy Chuck Richard Pardue Erwind, TN Robert Clinton Rhodes Joe Benedict Garcia Denver, CO Frank Seales Jr. Marialice Williams Daniels Washington, DC Wesley S. Williams Montague Ashton Buck Washington, DC Arnette Rhinehart Hubbard 662 MONDAY, MAY 24, 1982

Applicant City and State Movant

Ronald Gardell Isaac Washington, DC Arnette Rhinehart Hubbard Patricia Cornwell Matthews Washington, DC Arnette Rhinehart Hubbard Janice Orr Washington, DC Arnette Rhinehart Hubbard Zaida Josefina Torres Washington, DC Arnette Rhinehart Hubbard Louise Eighmie Turner Washington, DC Arnette Rhinehart Hubbard Gail J. Wright Washington, DC Arnette Rhinehart Hubbard Carolyn Yvonne Howard Miami, FL Arnette Rhinehart Hubbard Patricia Jeanne Eggleston Chicago, IL Arnette Rhinehart Hubbard Marta W. Berkley Silver Spring, MD Arnette Rhinehart Hubbard Roberta Virginia Hughes Southfield, MI Arnette Rhinehart Hubbard Samuel T. Craft Trenton, NJ Arnette Rhinehart Hubbard Verice Marlaine Mason Fords, NJ Arnette Rhinehart Hubbard Scheryl Christine Portee Newark, NJ Arnette Rhinehart Hubbard Jacquelyn Robin Rucker Newark, NJ Arnette Rhinehart Hubbard Thomas S. Smith Jr. Neptune, NJ Arnette Rhinehart Hubbard Eugene Harold Thompson Newark, NJ Arnette Rhinehart Hubbard Lawrence Randolph Bailey New York, NY Arnette Rhinehart Jr Hubbard Sandra B. Durant New York, NY Arnette Rhinehart Hubbard Eddie Lee Clark III Philadelphia, PA Arnette Rhinehart Hubbard MONDAY, MAY 24, 1982 663

Applicant City and State IvlUYoIlL rLnurea x air cryant rlUSllil, 1 u\ Amettp Rhinphart Hubbard QViQlTrin T mn'o oneivin IjOuis ivi.M nanWall XlUUfelUIl, Amette Rhinphart

HubbardA -1. V*. KJ KJ CA>JL V4

Xj2uUdTd rlllll ijdners Ocdltlc, VV Arnette Rhinehart Hubbard rclclat civ O.Q Vjrdi.IldCUpiUoI— QiYio/^rkTilnc firntrm PT Judge James R. Lawton

\A / 0 c nin nrf r\ Tli ijyilll VVdllolcy vxldlldgdll VV dblllllglUIl,n U\j Judge James R. Lawton r limp xv. r>ci wish X3UBLUI1,Rncfnn lVlri.M A Judge James R. Lawton

J ctlllLc ijUIIalllc X> UI Illlalll X)UBLUI1,Rnctnn lV±.rlMA Judge James R. Lawton dUllIld. \jal pcilLcI Rnctnn MA Judge James R. Lawton T? D170VD A/T A d dlllco d . v_/ipulclLd Judge James R. Lawton

JcallllcTflOMTio Xv.Ti V^UoIIlUoI'rkOTVirko Judge James R. Lawton Judffe James R Lawton TinnQiH / i Tiro vri Tv^^iniiY* Rnctnn MA Judge James R. Lawton

X7dvltl d Uocpil X laAci XjcvcIIj,Rovorlv MAIVi^s. Judge James R. Lawton To/'AlloliyiQ T .OO Tv VDOTYIOn saiyi ov»"\7illoy* TVT A d dL^Ucllilc Jjcc X I ccllldll OUIIlcI Vlllcl , IVlxl. Judge James R. Lawton ddlllcS XJUILUll JL/dlllKt; XjUSIUII, lVlri Judf?e James R Lawton iA/iImOTYI Tl T 1T71 Ql» T v» VV ilildill D. IjUZIcI dl. JjUSlUll, 1V1.T1. Judffe James R

LawtonX_JCA VV vvll

v»o n Ir T 1VT o r7^7i ^ Tv» Rnofnn M A X I dllfr d . IVldZZlU d 1 . DOS L0I1, IVlrv Judge James R. Lawton ivatnieen xairicia ivicirgne waipoie, iviii Judge James R.

T1 JiflwtnnCi VV \j\J1X Richard Bryant Modica Boston, MA Judge James R. Lawton 664 MONDAY, MAY 24, 1982

Applicant City and State Movant

Philip C. Nessralla Jr Brockton, MA Judge James R. Lawton John Francis O'Brien Boston, MA Judge James R. Lawton Loretta Sullivan O'Brien Norwood, MA Judge James R. Lawton Joseph C. Paruti Falmouth, MA Judge James R. Lawton Richard C. Pierce Randolph, MA Judge James R. Lawton Thomas G. Polimeni Boston, MA Judge James R. Lawton Ruth Goran Pollack Newton, MA Judge James R. Lawton Joseph Stephen Provanzano Lynnfield, MA Judge James R. Lawton Kenneth Robert Skinger Scituate, MA Judge James R. Lawton Raymond Veronneau New Bedford, MA Judge James R. Lawton Richard B. Villiotte Revere, MA Judge James R. Lawton James Joseph Fleming Londonderry, NH Judge James R. Lawton Christine Marie Westphal Secaucus, NJ Judge James R. Lawton Jeffrey Ross Brecker New York, NY Judge James R. Lawton Mark 0. Grater Claverack, NY Judge James R. Lawton Jules Martin Haas Queens, NY Judge James R. Lawton Terrance J. Hoffmann Syracuse, NY Judge James R. Lawton Jeffrey Marc Kanter Roslyn, NY Judge James R. Lawton Ronald Saffner New York, NY Judge James R. Lawton MONDAY, MAY 24, 1982 665 Applicant City and State Movant

Cary W. Sucoff New York, NY Judge James R. Lawton Bertyl V. Johnson Jr. Cortland, OH Judge James R. Lawton Charles Timothy Knowles Warwick, RI Judge James R. Lawton Alice Kupler Barnett Alexandria, VA Judge James R. Lawton Suzanne Quinn Dallas, WV Judge James R. Lawton

Adjourned until Tuesday, June 1, 1982 at 10 o'clock. x

(JOURNAL) TUESDAY, JUNE 1, 1982 667 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. 81-837. City of Indianola, Mississippi, et al., Appellants v. Nel-

son Dotson, et al. Appeal from the United States District Court for the Northern District of Mississippi. The judgment is affirmed.

No. 81-1856. Sumter County School District, et al., Appellants v.

Judson Edge, et al. Appeal from the United States District Court for the Middle District of Georgia. The judgment is affirmed. No. 81-1529. Walter Bilofsky and Raymond L. Weisberg, Appellants v. George Deukmejian, Attorney General of California, et al. Appeal from the Court of Appeal of California, Second Appellate District. 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. 81-1829. Kraft, Inc., Appellant v. Florida Department of Citrus. Appeal from the Supreme Court of Florida. The appeal is dismissed for want of a substantial federal question.

No. 81-1862. Howard Williams, et ux., Appellants v. James L. Smith, et ux. Appeal from the Court of Appeals of Ohio, Wood 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.

Certiorari—Summary Disposition

No. 81-656. Consolidated Foods Corporation, Petitioner v. Trudy Unger. 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 Court of Appeals for further consideration in light of Kremer v. Chemi- cal Construction Corp., 456 U.S. (1982). Concurring opinion by Justice Blackmun. 668 TUESDAY. JUNE 1. 1982

Orders in Pending Cases

No. . Hydaburg Cooperative Association, et al., Petitioners v. United States. The motion of petitioners for leave to proceed in forma pauperis is granted.

No. A-968. Alan Ernest, etc., Applicant v. Richard S. Cohen, etc., et al. The application for an injunction and or writ of habeas corpus addressed to Justice O'Connor and referred to the Court is denied. No. D-263. In the Matter of Disbarment of John W. Kitchen. Disbar- ment entered. No. D-274. In the Matter of Disbarment of Richard G. Kleindienst.

It is ordered that Richard G. Kleindienst, 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. Justice Rehn- quist and Justice O'Connor took no part in the consideration or decision of this order.

No. 9 Original. United States of America, Plaintiff v. State of Loui- siana, et al. The Final Report of the Special Master with respect to the Louisiana Boundary case is received and ordered filed. The objections to accountings previously filed are sustained to the extent recom- mended in the Report of the Special Master. All accountings required by the Court's Decree of June 22, 1981, have been made and, as supple- mented by the ruling on the objections thereto, are now approved. The account submitted by the Special Master is approved and the balance owing to him shall be paid in equal shares by the United States and the State of Louisiana. The Special Master is discharged in this case insofar as the proceedings involve the controversy between the United States and the State of Louisiana. Justice Marshall took no part in the consideration or decision of this order.

No. 73 Original. State of California. Plaintiff v. State of Nevada. The

Report of the Special Master is received and ordered filed. Final De- cree entered.

No. 80 Original. State of Colorado, Plaintiff v. State of New Mexico and Jeff Bingaman, Attorney General of the State of New Mexico. The

motion of Kaiser Steel Corporation, et al. for leave to file a brief, as amici curiae is granted. The Exceptions of New Mexico to the Report of the Special Master are set for oral argument in due course.

No. 81-1120. United States, et al.. Petitioners v. Richard W. Ry- lander. Sr.. as President of Rylander & Co. Realtors. Inc., et al. The

motion for appointment of counsel is granted and it is ordered that Jo- seph F. Harbison. III. Esquire, of Sacramento. California, is appointed to serve as counsel for respondent Richard W. Rylander, Sr. in this case. TUESDAY, JUNE 1, 1982 669

No. 81-1798. Larry V. Muko, Inc., Petitioner v. Southwestern Penn- sylvania Building and Construction Trades Council, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

No. 81-5848. Larry Gilbert and J. D. Gleaton, Petitioners v. South Carolina. The application to suspend the effect of the order denying certiorari presented to the Chief Justice and by him referred to the Court is denied. Justice Brennan and Justice Marshall would grant the application.

Certiorari Granted

No. 81-1487. BankAmerica Corporation, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted.

No. 81-1581. Antone Olim, et al., Petitioners v. Delbert Kaahanui Wakinekona. 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. 80-108. First Pennsylvania Bank N.A., Petitioner v. Jay A. Zef- firo and Harry M. Bernard, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-1233. Anthony Giacomino, John Knight and Frank Petullo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1414. William Hoskins, Petitioner v. Julius T. Cuyler, Super- intendent, State Correctional Institution at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1525. Eddie Thompson, Jr., Petitioner v. Mary Ann Wolten- berg. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-1528. Gary Lee, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied.

No. 81-1546. Gerald Paul Cleppe, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 81-1598. New York State Liquor Authority, Petitioner v. Dennis

Bellanca, etc. , et al. Petition for writ of certiorari to the Court of Ap- peals of New York denied. 670 TUESDAY, JUNE 1, 1982

No. 81-1622. Pueblo of Santo Domingo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Claims denied.

No. 81-1644. Frank Dean, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1651. Phillip E. Galloway, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1831. Alabama, Petitioner v. Lula Mae McCurley. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 81-1832. Mitchell Link, et ux., Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied.

No. 81-1845. Terry Curtis Benson, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied.

No. 81-1847. A. T. Collins, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1848. Larry D. Brock, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-1853. Spudnik Equipment Company, Petitioner v. Sixta

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

No. 81-1858. Kenneth Cobbs, Petitioner v. Virginia. Petition for writ of certiorari to the Circuit Court of Virginia, Henrico County, denied.

No. 81-1867. Benhardt Cohen, Petitioner v. Kentucky Bar Associa- tion. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-1869. Johns-Manville Corporation, et al., Petitioners v. Lam, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 81-1870. Blue Diamond Coal Company and Scotia Coal Com- pany, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1871. Meco, Incorporated, Petitioner v. Charles S. Sinnette,

Judge, Boyd Circuit Court, Division II, et al. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

No. 81-1879. Alfred Thomas De Vault, Petitioner v. Armando M.

Menocal, III, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. TUESDAY, JUNE 1, 1982 671

No. 81-1883. United Air Lines, Inc., Petitioner v. Gerald E. Small- wood. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-1884. James George Stafos, Petitioner v. Robert D. Bell. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1930. United Fruit and Vegetable Company, Inc. , Petitioner v. Director, Fruit & Vegetable Division, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1996. Hospah Coal Company, et al., Petitioners v. Chaco En- ergy Company and Texas Utilities Company. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-2003. George F. Labash, et al., Petitioners v. United States Department of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-2017. Roscoe Emory Dean, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 81-2023. Thomas Hartwell Liles, Michael Harold Jones and John Richard Salane, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-2025. Anna Jeanette Evans, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Former Fifth Circuit denied.

No. 81-2035. Joel L. Merling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-2052. Sheree Patterson, Petitioner v. George C. Carr, Judge, United States District Court for the Middle District of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6170. Herbert Slatin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6272. Raymond Allen Coble, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 81-6333. Blanche Collins, et al., Petitioners v. Charles A. Differ, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. 672 TUESDAY, JUNE 1, 1982

No. 81-6363. Franke Eugenio Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6381. Walter McNary, Petitioner v. Dewey Sowders, Super- intendent, Kentucky State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6425. William J. Nelson, Petitioner v. Charles Scully, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied.

No. 81-6484. Charles Matthews, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6492. Robert Marshall, Petitioner v. United States Steel Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6493. Duane Kreps, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-6499. Cleo Kostantas, etc., Petitioner v. Exxon Company, U.S.A., etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6500. Theo Brock, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

No. 81-6502. John Polk, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

No. 81-6503. Pearly Wilson, Petitioner v. Arnold R. Jago, Superin- tendent, London Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6505. Michael Swain, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied.

No. 81-6506. Frederick Joseph Grijalva, Petitioner v. Pearl West, Director, California Youth Authority. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6509. Dale Matthew Olson, Petitioner v. Leslie Green, Chair- man, Minnesota Board of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. TUESDAY, JUNE 1, 1982 673

No. 81-6513. Clovis Carl Green, Jr., Petitioner v. Carl White, Super- intendent, Missouri Training Center for Men. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6517. Marvin Morris, Petitioner v. Harold Ross. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-6520. William Leon Bridges, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

No. 81-6521. Hector Gonzalez, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-6522. John Lewis Hemphill, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

No. 81-6566. James Libertarian Burns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6571. Richard F. Strahan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6588. Isaac Ford, Petitioner v. California. Petition for writ of certiorari to the Appellate Department of Superior Court of California, Los Angeles County, denied.

No. 81-6607. George Celine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6615. Michael C. Antonelli, Petitioner v. Richard Schrieber, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

No. 81-6625. Alex Howard, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6626. Ralph DiFronzo, Petitioner v. United States. Petition for writ of certiorari, to the United States Court of Appeals for the Third Circuit denied.

No. 81-6632. Allan Humphrey, Petitioner v. United States. Petition 674 TUESDAY, JUNE 1, 1982 for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6643. Michael Ray Townley, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6646. Clifford McRary, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6648. Oscar Wendell Bennett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6651. Robert Eugene King, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6663. Michael J. Fiorot, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6675. Roy Wiggan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6678. James T. Whitley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1587. Charles R. Balkcom, Warden, Petitioner v. Willie Fred Baty. 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. 81-1776. Cornelius Lewis, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6419. Mark Mikenas, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-1872. Turf Paradise, Inc., Petitioner v. Arizona Downs. Peti- tion 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. TUESDAY, JUNE 1, 1982 675

No. 81-2044. Three J Farms, Inc., et al., Petitioners v. Adams Ex- tract Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice White and Justice Powell took no part in the consideration or decision of this petition.

Mandamus Denied

No. 81-1887. In Re Centre for the Independence of Judges and Law- yers of the United States, Inc., Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 81-1317. City of Parma, Ohio, Petitioner v. United States; and

No. 81-6271. James Harrison Barham, Petitioner v. United States. Petitions for rehearing denied.

Recess Order

The Court will take a recess from today until Monday, June 7, 1982.

Admissions to the Bar on Writen Motions

Applicant City and State Movant

Philip D. Abramowitz Los Angeles, CA Gary Howard Manulkin

Howard I. Alabaster Fort Lauderdale, Maurice Graham FL David D. Albee Chicago, IL Herbert R. Tews Arthur R. Angel Oklahoma City, Jan Eric OK Cartwright Thomas S. Berg Houston, TX Frank G. Waltermire Kent Stuart Bernard New York, NY Ralph W. Brenner Thomas J. Brandi San Francisco, CA Albert R. Abramson Robert F. Brodegaard New York, NY Peter Gruenberger Janice S. M. Brodil Holbrook, MA David J. Sargent Claudette Brooks Oakland, CA John M. Cooper Paulette M. Caldwell New York, NY Edna Dianne t Wells Robert R. Callan San Francisco, CA Charles W. Kenady 676 TUESDAY, JUNE 1, 1982

Applicant City and State Movant

Donald Baxter Craven Washington, DC Mark Lewis Evans David Sidney Crump Newton, NC Robert B. Morgan Deborah DeLong Cincinnati, OH Gerald W. Simmons Peter D. Dickson Washington, DC Gerry Levenbersr Bruce Owen Downsbrough Boulder, CO Morris W. Sandstead Jr. Ellen M. Doyle Pittsburgh, PA Louise Reiber Malakoff John Edwin Farrow Albuquerque, NM Phillip D. Hardberger Robert M. Goff Memphis, TN Robert R. Krivcher Herve Gouraige New York, NY John J. Kirby Jr. Frank H. Griffin III Philadelphia, PA H. Francis DeLone Joel E. Guthals Billings, MT Ralph Steele Wright Gene Gordon Harter Los Angeles, CA Lee H. Harter Robert Leslie Hersh San Rafael, CA Arnold Morton Greenberg Suzanne Irene High Oak Brook, IL Donna Elaine Renn John W. Hitchcock McMinnville, OR James Parkhill Schenkel J. Dillon Hoey Chicago, IL Joseph V. McGovern Paul Kinloch Holmes III Fort Smith, AR Douglas 0. Smith Jr. Robert Preston Howell Chesapeake, WV Jack C. McClung Dennis James Hubel Portland, OR Richard L. Lang Raymond A. Jacobsen Jr. Washington, DC Ralph J. Savarese Scott Avery Keeshin Grapevine, TX Judge Howard Martin Fender Carl D. Kraft St. Louis, MO Eugene K. Buckley Stuart A. Krause New York, NY John F. X. Peloso TUESDAY, JUNE 1, 1982 677

Applicant City and State Movant

Jane Kreusler-Walsh West Palm Beach, Larry Alan Klein FL John K. Larkins Jr. Athens, GA Eugene A. Epting James E. McHie Hammond, IN G. Edward McHie Ward W. Miller Fort Wayne, IN Lindy Glenn Moss Dale Minami Oakland, CA Eugene Seltzer Gary C. Mitchell Ruidoso, NM Geo. L. Zimmerman Dennis W. Moore Olathe, KS G. Joseph Pierron James J. Moran Jr. Boston, MA Edward M. Kennedy Robert Edward Morin Washington, DC Stephen B. Bright Michael Roy Nack St. Louis, MO Bradford L. Stevens John R. Nussbaumer Detroit, MI James R. Neuhard Gregory Kenneth Oyler Washington, DC Kenneth Martin Worthy William A. Pascarell Waldwick, NJ Michael T. Fitzsimmons Pravinchandra J. Patel New York, NY Robert S. Tobin Michael W. Patrick Chapel Hill, NC George W. Miller Jr. Jesse Rucker Pierce Houston, TX Joseph Eugene Clements Laurence James Pino Orlando, FL James Robert Hunkapiller Barbara Ann Preiner Wheaton, IL J. Michael Fitzsimmons Jr. Rosalind Ann-Werner Los Angeles, CA Lawrence Edwin Pritikin Gale C. Delos Putz Jr. San Francisco, CA Weyman I. Lundquist John P. Reisz Louisville, KY Edwin A. Schroering Jr. Daniel A. Sanchez Santa Fe, NM William Oscar Jordan Henry Sanders Selma, AL J. L. Chestnut Jr. Robert E. Sanders Covington, KY John J. O'Hara Rose M. Sanders Selma, AL J. L. Chestnut Jr. Ernestine Stubblefield Sapp Tuskegee, AL Fred David Gray 678 TUESDAY, JUNE 1, 1982

Applicant City and State Movant

Joe James Sawyer Colorado Springs, Barney Iuppa CO Ronald Wayne Schmidt San Antonio, TX Roy Harris Leonard Jr. Bart Schwartz New York, NY John H. Hall Daniel Martin Scott Minneapolis, MN Judge George M. Scott Howard J. Sedran Philadelphia, PA Arnold Levin Donald Morgan Shivers Atlanta, GA Daryll Norman Love Gray Silver III Martinsburg, VA Chauncey H. Browning Jr. Steven C. Smith Anderson, IN James Eli Freeman Jr. John True Smithee Amarillo, TX Robert E. Garner Edward Soto Miami, FL James Wallace Beasley Jr. E. Dan Stevens Atlanta, MI Tom Downs Christopher D. Szlichta Stillwater, OK Winfrey D. Houston Kenneth D. Tolliver Billings, MT Ralph Steele Wright

Roger Waller New York, NY Marion I. Guilfoyle Gomer Winston Walters Chicago, IL Edward A. Haight Robert-Grant Wealleans Los Angeles, CA Gary Howard Manulkin Charlotta M. Williams Bartow, FL Lois C. Hochhauser Woodrow W. Wyatt Baton Rouge, LA Anthony L. Clesi Jr. Ira H. Zaleznik Boston, MA Paul Levenson Frank R. Zito Boston, MA David J. Sargent

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Rudolph C. Barnes Jr. Columbia, SC J. Strom Thurmond TUESDAY, JUNE 1, 1982 679

Applicant City and State Movant

John Pulaski Thomas III Charleston, SC J. Strom Thurmond Charles William Uhlinger Syosset, NY Gregory W. Carman William J. Glading Shrewsbury, NJ William Stephen Glading Jeffrey Louis Levine Beverly Hills, CA Ellen Broadman Marcia Cheryl Levine Ventura, CA Ellen Broadman Donald Alexander Purdy Philadelphia, PA James Lerer Wolf Jr. Bryce William Smink Washington, DC John Edward Scheuermann Howard Schwartz Scottsdale, AZ Raymond Banoun Ronn C. Ridgle San Francisco, CA Brenda Joyce Hamer Ronnie Ann Wainwright Washington, DC Douglas Morton Bregman Fredric G. Antenberg Columbia, MD Douglas Morton Bregman Jay Irwin Block Baltimore, MD Douglas Morton Bregman Robert Lee Bodansky Kensington, MD Douglas Morton Bregman Karen Lee Bonnin Silver Spring, MD Douglas Morton Bregman Bradford G. Y. Carney Baltimore, MD Douglas Morton Bregman James Alan Cleaver Fort Washington, Douglas Morton MD Bregman Henry Bartholomew Cox Fort Washington, Douglas Morton MD Bregman Barbara Gibson Daly Baltimore, MD Douglas Morton Bregman Harry Theodore DeMoll Frederick, MD Douglas Morton Bregman June White Dillard Oxon Hill, MD Douglas Morton Bregman Roger Alfred Doumar Baltimore, MD Douglas Morton Bregman 680 TUESDAY. JUNE 1, 1982

Applicant City and State Movant

Dena Catherine Feeney Silver Spring, MD Douglas Morton Bregman Robert L. Ferguson Jr. Baltimore, MD Douglas Morton Bregman Saul Elliot Gilstein Baltimore, MD Douglas Morton Bregman Roberta R. Hatwell-Hitt Bethesda, MD Douglas Morton Bregman David Lee Jones Columbia, MD Douglas Morton Bregman Henry Thomas Keegan Edgewater, MD Douglas Morton Bregman

.Tpffrpv Alan TCnptrnpl P!nliiTnViisi\_VJ1U.111U1C1. MD Douglas Morton Bregman Joanne Harriett Kramer Baltimore, MD Douglas Morton Bregman Thomas Basil Lewis Baltimore, MD Douglas Morton Bregman James Lawrence Mayer Columbia, MD Douglas Morton Bregman Leonard E. Moodispaw Annapolis, MD Douglas Morton Bregman Patrick Alan Naughton Baltimore, MD Douglas Morton Bregman Benjamin Arthur Neil Baltimore, MD Douglas Morton Bregman Herbert Romulus O'Conor Baltimore, MD Douglas Morton III Bregman Theodore Byron Oshrine Baltimore, MD Douglas Morton Bregman John G. Packard Baltimore, MD Douglas Morton Bregman Gary Stewart Peklo West Friendship, Douglas Morton MD Bregman Carroll Stephen Rankin Jr. Eldersburg, MD Douglas Morton Bregman James Berryman Riley Jr. Columbia, MD Douglas Morton Bregman TUESDAY, JUNE 1, 1982 681

Applicant City and State Movant

Rosemary Ross IvOCKVlJie, 1V1JJ jjougias iviorion Bregman TVTT"l TlAnmno MAi*fam Amy oussman ocnerr Rolfoaiiimore,imnvQ iviu JJOUglaS lVlOrLOIl oregman jenrey xierman ocnerr £>aiiimore, iviu jjougids iviorion oregman ixicnaxa carry ocnreiusiein V-/UlUIIlUla, lVl.L' J_/UUglaa 1V1UI LUI1 Bregman iuin rjiizaDein oingieion jDdiLimore, ivijj jjougias iviorxon oregman Geoffrey Samuel Tobias Baltimore, MD Douglas Morton Bregman Richard Leo Wasserman Baltimore, MD Douglas Morton Bregman John Henry Zink III Baltimore, MD Douglas Morton Bregman Opinions

No. 80-2182. Inwood Laboratories, Inc., et al., Petitioners v. Ives Laboratories, Inc.; and

No. 81-11. Darby Drug Co., Inc., et al., Petitioners v. Ives Labora- tories, Inc. On writs of certiorari to 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 O'Connor. Opinion by Justice White concurring in the result with whom Justice Marshall joins. Opinion by Justice Rehnquist concurring in the result. No. 80-2209. United States, Petitioner v. Albert Ross, Jr. 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 Stevens. Concurring opinion by Justice Blackmun. Concurring opinion by Justice Powell. Dissenting opinion by Justice White. Dissenting opinion by Justice Marshall with whom Jus- tice Brennan joins. No. 80-1437. Army and Air Force Exchange Service, Petitioner v. Arthur Edward Sheehan. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Statement by the Chief Justice concurring in the judgment. TUESDAY, JUNE 1, 1982 682

No. 80-1749. Federal Energy Regulatory Commission, et al., Appel- lants v. Mississippi, et al. Appeal from the United States District Court for the Southern District of Mississippi. Judgment reversed and case remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Opinion by Justice Powell concurring in part and reversing in part. Opinion by Jus- tice O'Connor concurring in part in the judgment and dissenting in part with whom the Chief Justice and Justice Rehnquist join.

No. 81-497. Summit Valley Industries, Inc., Petitioner v. Local 112, United Brotherhood of Carpenters and Joiners of America. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Marshall.

No. 81-440. Insurance Corporation of Ireland, Ltd., et al., Petition- ers v. Compagnie Des Bauxites de Guinee. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice White. Opinion by Justice Powell concurring in the judgment.

Adjourned until Monday, June 7, 1982 at 10 o'clock. x (JOURNAL) MONDAY, JUNE 7, 1982 683 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. 81-1097. Kathy Sue Johnson, etc., et al, Petitioners v. Board of Education of the City of Chicago, et al. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for a writ of certiorari is granted. The judgment of the United States Court of Appeals for the Seventh Circuit is vacated and the case is remanded with directions that the case be consolidated with the ongoing proceeding in the United States District Court for the Northern District of Illinois in United States v. Board of Education of Chicago, No. 80-C-5124, and for further proceedings in conformity with the opinion of this Court. Opinion per curiam. Justice Brennan would grant the petition and set the case for oral argument. Dissenting opinion by Justice Rehnquist with whom Justice Marshall joins. Justice White took no part in the consideration or decision of this case.

Appeals—Summary Disposition

No. 81-1728. Raymond J. Donovan, Secretary of Labor, Appellant v. San Antonio Metropolitan Transit Authority, et al.; and

No. 81-1735. Joe G. Garcia, Appellant v. San Antonio Metropolitan

Transit Authority, et al. Appeals from the United States District Court for the Western District of Texas. The judgment is vacated and the cases are remanded to the United States District Court for the Western District of Texas for further consideration in light of United Transpor- tation Union v. Long Island RR Co., 455 U.S. (1982). Justice Brennan, Justice White and Justice Marshall would note probable jurisdiction and set the cases for oral argument.

No. 81-1878. Diane Lynn Williams, Appellant v. Cheetwood & Da-

vies, et al. Appeal from the Court of Appeals of Ohio, Wood County. The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certio-

rari is denied. 684 MONDAY, JUNE 7, 1982

No. 81-6220. Roger Aldworth Beach, Appellant v. The Florida Bar. 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. 81-1882. Town of Chino Valley, et al., Appellants v. City of Pres- cott. Appeal from the Supreme Court of Arizona. The motion of Ari- zona for leave to intervene as a party appellee is granted. The appeal is dismissed for want of a substantial federal question. Justice O'Connor took no part in the consideration or decision of this motion and this case.

No. 81-1974. Burlington Northern, Inc., Appellant v. Jack Henry, etc. , et al. Appeal from the Supreme Court of Montana. The appeal is dismissed for want of jurisdiction.

No. 81-6294. Vincent Robinson, 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 Stevens would note probable jurisdiction and set the case for oral argument.

Certiorari—Summary Disposition

No. 80-1435. Army and Air Force Exchange Service, Petitioner v. James 0. Gorman. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Army & Air Force Exchange Service v. Sheehan, 456 U.S. (1982).

No. 81-1561. Michael P. Lane, Director, Illinois Department of Cor- rections, Petitioner v. Melvin Lee Smith. 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 Fletcher v. Weir, 455 U.S. (1982).

Orders in Pending Cases

No. A-992. Michael Escobar, Applicant v. Otis Bantim, Warden, et al. The application for release addressed to Justice Brennan and referred to the Court is denied. MONDAY, JUNE 7, 1982 685

No. D-257. In the Matter of Disbarment of Martin E. Gotkin. Disbar- ment entered.

No. D-275. In the Matter of Disbarment of Rique Bobbitt. It is ordered that Rique Bobbitt, 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-276. In the Matter of Disbarment of Michael W. Hubbard. It is ordered that Michael W. Hubbard, of Tyler 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-277. In the Matter of Disbarment of Kenneth L. Boehm. It is ordered that Kenneth L. Boehm, of Hyattsville 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. 80 Original. State of Colorado, Plaintiff v. State of New Mexico and Jeff Bingaman, Attorney General of the State of New Mexico. The motion of New Mexico, et al. for additional time for oral argument is denied.

No. 81-349. Chicago Bridge & Iron Company, Appellant v. Caterpil- lar Tractor Co., et al. The motion of appellees to schedule oral argument in tandem with No. 81-523, Container Corporation of America v. Franchise Tax Board is denied. Justice Stevens took no part in the consideration or decision of this motion.

No. 81-485. Hillsboro National Bank, Petitioner v. Commissioner of Internal Revenue; and

No. 81-930. United States, Petitioner v. Bliss Dairy, Inc. The motion of Bliss Dairy, Inc. for divided argument is granted.

No. 81-1008. Burlington Northern, Inc., et al., Petitioners v. United

States, et al. The motion of the Solicitor General for divided argument is granted.

No. 81-1320. William Kolender, et al., Appellants v. Edward Lawson. The motion of Wayne County Prosecutor for leave to participate in oral argument as amicus curiae and for additional time for argu-

ment is denied. «

No. 81-1972. Frances E. Porcher, etc., et al., Petitioners v. Mary E.

Brown, etc. , et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. 686 MONDAY, JUNE 7, 1982

No. 81-2130. Mildred Joseph, et al., Petitioners v. Christopher Bond, et al. The application for stay addressed to Justice Brennan and referred to the Court is denied.

Certiorari Granted

No. 81-1617. United States, Petitioner v. Raymond J. Place. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit granted.

No. 81-1748. United States, Petitioner v. Helen Mitchell, et al. Peti- tion for writ of certiorari to the United States Court of Claims granted.

No. 81-1350. United States, Petitioner v. Jose Reynaldo Villamonte-

Marquez, 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 Fifth Circuit granted. No. 81-1794. Everett W. Jones, Superintendent, Great Meadow Cor- rectional Facility, et al. , Petitioners v. David Barnes. 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 granted.

Certiorari Denied

No. 81-290. Compagnie des Bauxites de Guinee, Petitioner v. Insur-

ance Corporation of Ireland, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-738. Northwest Sports Enterprises, Ltd., Petitioner v. Seat-

tle Totems Hockey Club, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1232. Texas, et al., Petitioners v. Federal Energy Regulatory Commission and United States; and No. 81-1478. Ralph L. Harvey and Marlin Oil Corporation, Petition- ers v. Federal Energy Regulatory Commission and United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1240. Swanson-Dean Corporation, Petitioner v. Seattle Dis- trict Council of Carpenters. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1485. Griffith Company, 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. 81-1491. Esther Kirshenbaum, Petitioner v. Pennsylvania Board MONDAY, JUNE 7, 1982 687 of Law Examiners. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 81-1557. Borg Warner Corporation, et al., Petitioners v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1643. Roland Wesley Weber, 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. 81-1673. Philadelphia National Bank and Philadelphia National Corporation, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1714. James A. Dinnan, Petitioner v. Maija S. Blaubergs. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1742. Ronald Moore and Jerry Shepherd, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1763. Timothy J. Shanahan, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1799. Heritage Publishing Company, Petitioner v. Laurel

Mae Cummins, Executrix, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-1835. Raymond J. Place, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1836. Paul V. Watson, et ux., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1842. Daniel J. Murray dba Big Sky Toyota, Petitioner v.

Toyota Motor Distributors, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1873. Bunyan W. Anderson, Petitioner v. Joanne E. Ander- son. Petition for writ of certiorari to the Supreme Court of South Caro- lina denied.

No. 81-1896. James A. Halikas, Petitioner v. River Region Mental Health-Mental Retardation Board, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-1899. Harry P. Jannotti and George X. Schwartz, Petitioners 688 MONDAY, JUNE 7, 1982 v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1900. Richard K. Hillis, Petitioner v. Stephen F. Austin State University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1903. Mid-Carolina Oil, Inc., et al., Petitioners v. B. W. Klippel, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1904. William D. Cobb, 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. 81-1909. Mark S. Forrester, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 81-1918. Rockingham Machine-Lunex Company, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1997. Gaston Gerald, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-2039. Nick DeLucia, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-2079. Terry Lee Hensel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6140. Richard Harding Salisbury, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 81-6232. William Thomas Wright, Petitioner v. A. I. Murphy,

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

No. 81-6262. Robert C. Butler, Petitioner v. Jim Rose, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-6267. Edward Ray Stacy and William Haddix, Petitioners v. Gordon E. Bevens, Judge, Court of Common Pleas, Pike County, Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. MONDAY, JUNE 7, 1982 689

No. 81-6279. Donald Ray Archer, Petitioner v. Ruth Rushen, Direc- tor of the California Department of Corrections, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied.

No. 81-6280. Ronnie C. Douglas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6388. Thomas C. Tobias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6396. Daniel L. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6407. Charles M. Russell, 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. 81-6458. Mark Sonny Najar, Petitioner v. David Lynn Oman, et ux. Petition for writ of certiorari to the Court of Appeals of Texas, Third Supreme Judicial District, denied.

No. 81-6516. Waymon Laney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6524. Richard Becker, Petitioner v. Philip Ross, Commis- sioner of New York State Department of Labor. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-6525. Gary Edward Baker, Petitioner v. Washington. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi-

sion 1, denied.

No. 81-6527. Shayne Allen Roy, Petitioner v. Robert J. Watson, De- partment of Human Resources, Corrections Division, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6528. Harry Maselli, Petitioner v. State Board of Equaliza- tion of California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6529. James L. Martin, Petitioner v. Little, Brown & Com- pany, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6530. Wautausa Ahejalia Johnson, Petitioner v. California. 690 MONDAY, JUNE 7, 1982

Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

No. 81-6531. Allen Abraham Lebedun, Petitioner v. James A. Young, Sheriff for Montgomery County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6532. Dennis Puente, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-6535. Kenneth C. McCarthy, Petitioner v. Edward O'Connor, et al. Petition for writ of certiorari to the Superior Court of New Jer- sey, Appellate Division, denied.

No. 81-6537. Rogelio Anguiano, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-6538. James Edward Clayton, Petitioner v. Peter A. Doug- las, Warden, Lexington Assessment and Reception Center. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6543. John Arthur Brown, Petitioner v. Alton E. Bryant, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6546. Hardy L. Paschal, Petitioner v. Florida Public Employ-

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

No. 81-6547. Deborah Washington, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-6551. Woodrow Barksdale II, Petitioner v. Frank C. Black- burn, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6552. Walter H. Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6554. Lawrence Billingsley, Sr., Petitioner v. David J. Vann, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

No. 81-6558. Orbeir Clifford Gill, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6559. Guy Templeton Black, Petitioner v. East Ohio Gas Co., MONDAY, JUNE 7, 1982 691 et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-6560. Larry Simmons, Petitioner v. Gary J. Hilton, Superin- tendent, Trenton State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6573. Loshie Pitts Harrington, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied.

No. 81-6576. Jacques Kourkene II, Petitioner v. State Bar of Califor- nia. Petition for writ of certiorari to the Supreme Court of California denied.

No. 81-6647. James Edward Daniels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-6655. 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. 81-6658. Josie W. Thomas, Petitioner v. Alexander M. Haig,

Secretary of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-6664. Gene E. George, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-6667. Chester Wheeler Campbell, Petitioner v. Benjamin Civiletti, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6671. Alan Neal Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6672. James T. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6676. Paul J. Hernandez, Petitioner v. United States Attor- ney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1611. Cecil L. Marks, Petitioner v. Clara M. Marks. The motion of respondent for, leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of New Mexico denied. 692 MONDAY, JUNE 7, 1982

No. 81-1625. Oregon, Petitioner v. Patricia Ann Newman. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the Supreme Court of Oregon denied.

No. 81-1905. Archie E. Brown, Petitioner v. Federal Election Com- mission. The motion of Center on National Labor Policy 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. 81-1931. Memorial Park Cemetery Association, et al., Petition- ers v. Rosebrough Monument Company. The motion of American Cem- etery Association, et al. for leave to file a brief as amici curiae is granted. The motion of Service Employees International Union, 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 Eighth Circuit denied.

No. 81-6512. Robert Alton Harris, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. Dissenting statement by Justice Brennan and Jus- tice Marshall.

No. 81-6540. Henry Arthur Drake, 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. 81-6549. William Riley Jent, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

Mandumus Denied

No. 81-6368. In Re Gregory A. Lucas, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 80-1257. Donald Schriver, Inc., et al., Petitioners v. National

Labor Relations Board., et al.;

No. 80-1666. John R. Larson, etc., et al., Appellants v. Pamela

Valente, et al.;

No. 81-1411. Fred W. Phelps, Sr., Petitioner v. Kansas Supreme Court, et al.;

No. 81-1492. Standard Drywall, Inc. , Petitioner v. United States;

No. 81-1704. Robert C. Hatch, et ux., Petitioners v. Walter C.

Madsen, etc., et al.; MONDAY, JUNE 7, 1982 693

No. 81-6235. Albert "Bo" Thompson, Petitioner v. South Carolina;

No. 81-6265. Flossie Wilson Nzongola, Petitioner v. Ntalaja Nzongola;

No. 81-6266. Flossie W. Nzongola, Petitioner v. Ntalaja Nzongola; and

No. 81-6372. Alex Melvin Wade, Jr., Petitioner v. Texas. Petitions for rehearing 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 Second Circuit for the period November 16, 1982 to No- vember 18, 1982, 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.

Order

It is ordered that Christopher W. Vasil be, and he is hereby, appointed Deputy Clerk of this Court, effective June 1, 1982.

Recess

The Court will take a recess from today until Monday, June 14, 1982.

Opinions

No. 81-5114. Delbert Lee Tibbs, Petitioner v. Florida. On writ of certiorari to the Supreme Court of Florida. Judgment affirmed. Opinion by Justice O'Connor. Dissenting opinion by Justice White with whom Justice Brennan, Justice Marshall and Justice Blackmun join.

No. 81-411. Jackson Transit Authority, et al., Petitioners v. Local Division 1285, Amalgamated Transit Union, AFL-CIO-CLC. 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 judgment of this Court. Opin- ion by Justice Blackmun. Concurring opinion by Justice Powell with whom Justice O'Connor joins.

No. 81-328. Jesus Rivera Rodriguez, et al., Appellants v. Popular

Democratic Party, et al. Appeal from the Supreme Court of Puerto Rico. Judgment affirmed. Opinion by Chief Justice Burger. 694 MONDAY, JUNE 7, 1982 Admissions to the Bar on Oral Motions

Applicant City and State Movant

Lenore Hopewell Cameron Wheaton, MD Gloria Margaret Richard/Sulton Pamela Ann Shea Washington, DC June D. W. Kalijarvi Anne Trevaskis Panfil Lansdale, PA John P. Trevaskis Jr. Robert Alexander Hulten New York, NY Thomas R. Jolly Charles William Garrison Washington, DC Thomas R. Jolly III Ellen Ann Callahan Rockville, MD John G. Gill Jr. Chris Marder Rockville, MD John G. Gill Jr. Thomas J. Sippel Rockville, MD John G. Gill Jr. Gary L. Borger Cherry Hill, NJ M. Gene Haeberle Jeffery S. Clark Haddonfield, NJ M. Gene Haeberle Martin S. Ettin Cherry Hill, NJ M. Gene Haeberle Kevin L. Flanagan Cherry Hill, NJ M. Gene Haeberle Bari J. Gambacorta Haddon Heights, M. Gene Haeberle NJ John W. Hargrave Haddonfield, NJ M. Gene Haeberle Thomas S. Higgins Brigantine, NJ M. Gene Haeberle Paul Mainardi Haddonfield, NJ M. Gene Haeberle David Wayne Morgan Woodbury, NJ M. Gene Haeberle David Robert Oberlander Voorhees, NJ M. Gene Haeberle Wayne Partenheimer Haddonfield, NJ M. Gene Haeberle Charles Gary Resnick Haddonfield, NJ M. Gene Haeberle Matthew E. Segal Cherry Hill, NJ M. Gene Haeberle Joseph J. Slachetka Brigantine, NJ M. Gene Haeberle Irvin Joseph Snyder Cherry Hill, NJ M. Gene Haeberle Bernard John Tkaczynski Oaklyn, NJ M. Gene Haeberle Grace Ellen Rice England, AR Alice Louise O'Donnell Jay Edwin Sanders Hot Springs, AR Alice Louise O'Donnell William Bradford Anderson Campbell, CA Alice Louise O'Donnell Roger Anthony Gaskins San Diego, CA Alice Louise O'Donnell William Joseph Kerrigan Bloomfield, CT Alice Louise O'Donnell ,

MONDAY, JUNE 7, 1982 695

Applicant City and State Movant

Stanley Myles Wecksler Stamford, CT Alice Louise O'Donnell Henry J. Bauman Washington, DC Alice Louise O'Donnell Andrew C. Jagusiak Washington, DC Alice Louise O'Donnell Kenneth S. Davis Gainesville, FL Alice Louise O'Donnell James H. Dixon Jr. Jacksonville, FL Alice Louise O'Donnell Domenic Leonard Grosso Boca Raton, FL Alice Louise O'Donnell Richard Glenn Newhouse Fort Lauderdale, Alice Louise FL O'Donnell Chaumo Walker Lyon Salmon, ID Alice Louise O'Donnell Thomas M. Atherton Pekin, IL Alice Louise O'Donnell John Arthur Bernardi Pekin, IL Alice Louise O'Donnell Richard Gene Hayes Pekin, IL Alice Louise O'Donnell

Donald I. Singer Chicago, IL Alice Louise O'Donnell Anthony Michael Slawniak Riverside, IL Alice Louise O'Donnell Nicola Sabato Tancredi Chicago, IL Alice Louise O'Donnell Stephen Francis Witort Chicago, IL Alice Louise O'Donnell Russell Lowell Croley Jr. Central City, KY Alice Louise O'Donnell James Wheeler Deese Frankfort, KY Alice Louise O'Donnell Jack D. Wood Tompkinsville Alice Louise KY O'Donnell John Wilboume Laymon Boston, MA Alice Louise O'Donnell 696 MONDAY, JUNE 7, 1982

Applicant City and State Movant

Maurice Earl Dill Baltimore, MD Alice Louise O'Donnell Genevieve Yonkers Flintstone, MD Alice Louise Schaffer O'Donnell Christina Adrienne Graves Detroit, MI Alice Louise Southgate O'Donnell Donna-Maria Boulay Roseville, MN Alice Louise O'Donnell Thomas Benjamin Tate South St. Paul, Alice Louise MN O'Donnell Joseph Richard Hachey Kansas City, MO Alice Louise O'Donnell Chester Charles Hart Jr. St. Louis, MO Alice Louise O'Donnell Robert E. Mulloy Jr. Kansas City, MO Alice Louise O'Donnell Horace Charles Rubert Jr. Kansas City, MO Alice Louise O'Donnell William Clements Goforth New London, NC Alice Louise O'Donnell Thomas W. Andrews Atlantic Alice Louise Highlands, NJ O'Donnell Anthony H. Guerino Newark, NJ Alice Louise O'Donnell Kevin Michael Hart Mercerville, NJ Alice Louise O'Donnell John Andrew Sakson IV Lawrenceville, NJ Alice Louise O'Donnell Lee A. Solomon Haddon Heights, Alice Louise NJ O'Donnell John G. Banner Cincinnati, OH Alice Louise O'Donnell Jeffrey Kirk Heinichen Cincinnati, OH Alice Louise O'Donnell Jerry W. Lee Bowling Green, Alice Louise OH O'Donnell Harriet Wetja Steel Germantown, OH Alice Louise O'Donnell MONDAY, JUNE 7, 1982 697

Applicant City and State Movant

Nathan Michael Chavez Del City, OK Alice Louise O'Donnell Harlan Sykes Pinkerton Jr. Sand Springs, OK Alice Louise O'Donnell Arthur Carl Piculell Jr. Portland, OR Alice Louise O'Donnell Jonathan Levi Hamrick Jr. Philadelphia, PA Alice Louise O'Donnell Leo John Norton Jr. Philadelphia, PA Alice Louise O'Donnell Anthony Bernard Edward Philadelphia, PA Alice Louise Quinn O'Donnell Thomas Clifton Harviel Jr. Memphis, TN Alice Louise O'Donnell William John Bux Houston, TX Alice Louise O'Donnell Raymond Aubrey Williams Dallas, TX Alice Louise Jr. O'Donnell Frederick Sasscer Gore Williamsburg, VA Alice Louise O'Donnell Thomas Daniel Taylor Warsaw, VA Alice Louise O'Donnell Robert A. Ross Jr. Sturgeon Bay, WI Alice Louise O'Donnell Arthur J. Recht Weirton, WV Alice Louise O'Donnell Vincent A. Tamburo Elkhart, IN Solicitor General Rex E. Lee Philip A. Faix Jr. Hudson, OH Solicitor General Rex E. Lee William T. Allison Jr. Washington, PA Solicitor General Rex E. Lee Lynn Jeffery Alstadt Pittsburgh, PA Solicitor General Rex E. Lee Lea E. Anderson Pittsburgh, PA Solicitor General Rex E. Lee Richard Francis Andracki Pittsburgh, PA Solicitor General Rex E. Lee 698 MONDAY, JUNE 7, 1982

Applicant City and State Movant

James J. Anfang Jr. Pittsburgh, PA Solicitor General

Rex E . Lee Irvin S. Bails Pittsburgh, PA Solicitor General

Rex E . Lee Chris J. Balouris Pittsburgh, PA Solicitor General

Rex E . Lee John R. Banke Pittsburgh, PA Solicitor General

Rex E . Lee Stuart Wells Benson III Pittsburgh, PA Solicitor General

Rex E . Lee Henry Charles Berns Pittsburgh, PA Solicitor General

Rex E . Lee Gene C. Bertsch Pittsburgh, PA Solicitor General

Rex E . Lee Fred R. Brown Pittsburgh, PA Solicitor General

Rex E . Lee James B. Brown Pittsburgh, PA Solicitor General

Rex E . Lee Joseph F. Cassarino Greensburg, PA Solicitor General

Rex E . Lee Michael Allen Cassidy Pittsburgh, PA Solicitor General

Rex E . Lee Robert J. Cassidy Patton, PA Solicitor General

Rex E . Lee Rosemary Kirr Clasper Pittsburgh, PA Solicitor General

Rex E . Lee Franklyn E. Conflenti Pittsburgh, PA Solicitor General

Rex E . Lee Arthur Bryan Cooper Pittsburgh, PA Solicitor General

Rex E . Lee Joel M. Dresbold Pittsburgh, PA Solicitor General

Rex E . Lee Mary Ann Rapp Durkin Pittsburgh, PA Solicitor General

Rex E . Lee Catherine Ford Elliott Pittsburgh, PA Solicitor General

Rex E . Lee Richard Joseph Federowicz Pittsburgh, PA Solicitor General

Rex E . Lee ,

MONDAY, JUNE 7, 1982 699

Applicant City and State Movant

Alan H. Finegold Pittsburgh, PA Solicitor General

Rex E . Lee Nora Barry Fischer Pittsburgh, PA Solicitor General

Rex E . Lee Christopher Michael Pittsburgh, PA Solicitor General

Fleming Rex E . Lee Mark Louis Glosser Pittsburgh, PA Solicitor General

Rex E . Lee Gary A. Hoffman Pittsburgh, PA Solicitor General

Rex E . Lee Mary Margaret Isabella Pittsburgh, PA Solicitor General

Rex E . Lee Stephen J. Jurman Pittsburgh, PA Solicitor General

Rex E . Lee Thomas R. T. Kaplan Pittsburgh, PA Solicitor General

Rex E . Lee Arthur C. Kellum Pittsburgh, PA Solicitor General

Rex E . Lee William C. Knapp Pittsburgh, PA Solicitor General

Rex E . Lee Thomas J. Kratzenberg Pittsburgh, PA Solicitor General

Rex E . Lee Stanley G. Makoroff Pittsburgh, PA Solicitor General

Rex E . Lee Donald R. Marcucci Pittsburgh, PA Solicitor General

Rex E . Lee David Merlin McCloskey Pittsburgh, PA Solicitor General

Rex E . Lee Donald J. McCue Connellsville, PA Solicitor General

Rex E . Lee Samuel A. Moore Pittsburgh, PA Solicitor General

Rex E . Lee John T. Olshock Washington, PA Solicitor General

Rex E . Lee Paul S. Pieffer Pittsburgh, PA Solicitor General

Rex E . Lee Francis E. Pipak Jr. Pittsburgh, PA Solicitor General

Rex E . Lee 700 MONDAY, JUNE 7, 1982

Applicant City and State Movant

Louis Pomerico New Castle, PA Solicitor General Rex E. Lee William Ambrose Robbins Latrobe, PA Solicitor General Rex E. Lee Marvin J. Rudnitsky Selinsgrove, PA Solicitor General Rex E. Lee Rebecca Lee Rydle Pittsburgh, PA Solicitor General Rex E. Lee Bennett C. Sandick Pittsburgh, PA Solicitor General Rex E. Lee James Rodgers Schmitt Pittsburgh, PA Solicitor General Rex E. Lee Stanford A. Segal Pittsburgh, PA Solicitor General Rex E. Lee William G. Shaffner Pittsburgh, PA Solicitor General Rex E. Lee M. Lawrence Shields III Pittsburgh, PA Solicitor General Rex E. Lee Templeton Smith Jr. Pittsburgh, PA Solicitor General Rex E. Lee Melvin L. Vatz Pittsburgh, PA Solicitor General Rex E. Lee William Francis Ward Pittsburgh, PA Solicitor General Rex E. Lee Marcia Lee Webb Pittsburgh, PA Solicitor General Rex E. Lee William Wekselman Pittsburgh, PA Solicitor General Rex E. Lee

Adjourned until Monday, June 14, 1982 at 10 o'clock. x

« ,

(JOURNAL) MONDAY, JUNE 14, 1982 701 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice White, Justice Marshall, Jus- tice 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. 88, Original. State of California, Plaintiff v. State of Texas, et al. Motion for leave to file Bill of Complaint granted. The defendants shall have sixty days to answer. Opinion per curiam. Dissenting opinion by Justice Powell with whom Justice Marshall, Justice Rehnquist, and Justice Stevens join.

Appeals—Summary Disposition

No. 81-1953. Starview Drive In Theatre, Inc., Appellant v. Cook

County, Illinois, et al. Appeal from the Appellate Court of Illinois, First District. The appeal is dismissed for want of a substantial federal question. Justice Brennan would note probable jurisdiction and set the case for oral argument.

No. 81-1964. Raymond B. Gorrell, Appellant v. Donald P. Fowler and Jerry W. Fowler. Appeal from the Supreme Court of Georgia. The appeal is dismissed for want of a substantial federal question.

No. 81-6382. Malcolm Joe Davis, Appellant v. Mississippi. Appeal from the Supreme Court of Mississippi. 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 would note probable jurisdiction and set the case for oral argument.

Certiorari—Summary Disposition

No. 81-804. Louisville and Jefferson County Transit Authority, etc. Petitioner v. Division 1447, Amalgamated Transit Union, AFL-CIO. 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 Jackson Transit Authority v. Local Division 1285 Amalgamated Transit Union, 457 U.S. (1982). 702 MONDAY, JUNE 14, 1982

No. 81-908. United States, Petitioner v. Edward M. Spieler. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Ross, 456 U.S. (1982).

No. 81-953. United States, Petitioner v. Lawrence William Geary, Jr. On petition for writ of certiorari to the United States Court of Ap- peals 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 for further consideration in light of United States v. Ross, 456 U.S. (1982).

No. 81-1089. Maine, Petitioner v. Michael A. Patten. On petition for writ of certiorari to the Supreme Judicial Court of Maine. 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 Supreme Judicial Court of Maine for further consideration in light of United States v. Ross, 456 U.S. (1982).

No. 81-1287. Alabama, Petitioner v. Freddie Lee Wright. On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. 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 Court of Criminal Appeals of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982).

No. 81-1397. Alabama, Petitioner v. John Ronald Daniels. On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. 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 Court of Criminal Appeals of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982).

No. 81-1514. Alabama, Petitioner v. Charles Bracewell. On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. 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 Court of Criminal Appeals of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982). No. 81-1515. Alabama, Petitioner v. Walter Hill. On petition for writ MONDAY, JUNE 14, 1982 703

of certiorari to the Court of Criminal Appeals of Alabama. 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 Court of Criminal Appeals of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982). No. 81-1662. Alabama, Petitioner v. Timothy Charles Davis. On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. 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 Court of Criminal Appeals of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982).

. No. 81-1809. Alabama, Petitioner v. Edward Horsley. On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. 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 Court of Criminal Appeals of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982). No. 81-1513. Alabama, Petitioner v. Earl A. Bryars, Jr. On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Criminal Appeals of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982). No. 81-1600. Alabama, Petitioner v. Wayne Eugene Ritter. On petition for writ of certiorari to the Supreme Court of Alabama. 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 Supreme Court of Alabama for further consideration in light of Hopper v. Evans, 456 U.S. (1982). No. 81-1995. Louie L. Wainwright, Secretary, Florida Department of Corrections, Petitioner v. James Dupree Henry. 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 Eleventh Circuit for further consideration in light of Engle v. Isaac, 456 U.S. (1982).

Orders in Pending Cases

No. A-1056. San Francisco Police Officers Association, Applicant v. United States District Court for the Northern District of California (Of- ficers for Justice, et al. Real Parties in Interest) The application for stay presented to the Chief Justice and by him referred to the Court is denied. 704 MONDAY, JUNE 14, 1982

No. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. The motion of Mississippi for relief from the final decree entered in this case on December 12, 1960, is referred to the Special Master. 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 Jeff Bingaman, Attorney General of the State of New Mexico. The motion of New Mexico for leave to file a reply brief is granted. No. 85, Original. State of Texas, Plaintiff v. State of Oklahoma. The motion for entry of judgment by consent of plaintiff and defendant with the deletion of paragraph 10 thereof, and as amended with respect to paragraph 7, is granted. Final decree entered. No. 81-298. Community Television of Southern California, Petitioner v. Sue Gottfried, et al.; and No. 81-799. Federal Communications Commission, Petitioner v. Sue Gottfried, et al. The motion of respondents to reconsider order denying motion for divided argument is denied.

No. 81-1064. City of Los Angeles, Petitioner v. Adolph Lyons. The motion of respondent to dismiss writ of certiorari as improvidently granted is denied. Further consideration of the memorandum of petitioner suggesting a question of mootness and addressing related issues is deferred to the hearing of the case on the merits.

No. 81-1493. The Gillette Company, Petitioner v. Steven Miner. The motion of plaintiffs in the "Dalkon Shield" IUD Products Liability Case for leave to file a brief as amicus curiae is granted. The motion of New England Legal Foundation for leave to file a brief as amicus curiae is granted. The motion of National Association of Independent Insurers, et al. for leave to file a brief as amici curiae is granted. No. 81-1852. Montana and Ramon Dore, Director, Montana Depart- ment of Revenue, Petitioners v. Crow Tribe of Indians. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Certiorari Granted

No. 81-1664. Metropolitan Edison Company, Petitioner v. National

Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

No. 81-1687. Sony Corporation of America, et al. , Petitioners v. Uni- versal City Studios, Inc., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

No. 81-419. Texas, Petitioner v. Clifford James Brown. The motion MONDAY, JUNE 14, 1982 705 of respondent for leave to proceed in forma pauperis is granted. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas granted.

No. 81-1774. W. J. Estelle, Jr., Director, Texas Department of Cor- rections, Petitioner v. Charles Edwin Bullard. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit is granted limited to Questions 1 and 3 presented by the petition.

Certiorari Denied

No. 81-912. James Click, Sr., Eugene Weiss and Orral Lake, Peti- tioners v. Idaho, ex rel. John V. Evans, Governor, et al. Petition for writ of certiorari to the Supreme Court of Idaho denied.

No. 81-1534. William Pacheco Nieves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1588. Lowell Myers, Petitioner v. Ethel Mews. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 81-1677. Mansion House Center South Redevelopment Com- pany, et al. , Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1708. New England Power Company, 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.

No. 81-1732. Steven Gary Weil, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1757. Joel D. Joseph, et al., Petitioners v. J. Lynn Helms,

Administrator, Federal Aviation Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1777. Albert Mengarelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1815. Michael Ray Haley and William Harry Riehl, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. 706 MONDAY, JUNE 14, 1982

No. 81-1817. Local Division 589, Amalgamated Transit Union, AFL- CIO-CLC, et al., Petitioners v. Massachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1844. Gordonsville Industries, Inc., 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. 81-1885. CBS Inc. and American Broadcasting Companies, Inc.,

Petitioners v. Columbia Pictures Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1886. H. B. Sandini, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-1911. Jim Nicoll, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-1913. International Medication Systems, Ltd., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1915. Charlie F. Thornton, Petitioner v. Atlanta and West Point Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1917. Country-Wide Insurance Company, Petitioner v.

Nieves Rodriguez, etc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

No. 81-1923. Wilbert E. Bolyea, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

No. 81-1924. Barry S. Chamberlain, Petitioner v. Arthur Phillips and Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1925. Larry Baxter, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

No. 81-1926. Ronald E. Speed, Russel F. Kearney and Donald J. Williams, Petitioners, v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

No. 81-1928. Fidelity Television, Inc., Petitioner v. Federal Commu- nications Commission, et al.; and MONDAY, JUNE 14, 1982 707

No. 81-1929. Multi-State Communications, Inc., Petitioner v. Fed- eral Communications Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied.

No. 81-1933. William R. Lewis, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied.

No. 81-1941. Philip B. Eatough, Petitioner v. Edwin H. Albano, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1943. Ewell Walter Evans, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1947. Juan E. Castro, Petitioner v. Texas Department of Human Resources. Petition for writ of certiorari to the Court of Ap- peals of Texas, Fourth Supreme Judicial District, denied.

No. 81-1948. Georgia Keating, Petitioner v. Glenna Keating, etc. Pe- tition for writ of certiorari to the Court of Appeals of Wisconsin, Dis- trict IV, denied.

No. 81-1949. Uniroyal, Inc., Petitioner v. J. Wyatt Skaines, dba Wyatt Tire Distributors. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1950. Mildred Kozmel, Petitioner v. Industrial Commission of Illinois, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-1951. Vessel Hoegh Shield, etc., et al., Petitioners v. Gulf Trading & Transportation Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1954. Adrian J. Short, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-1955. Richard Glen Naas, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-1956. Jack Van Sickle, Petitioner v. Beth Van Sickle. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appel- late District, denied.

No. 81-1959. Samuel Semble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1960. Patricia A. Johnson, Petitioner v. Theodore C. Gran- holm, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. 708 MONDAY, JUNE 14, 1982

No. 81-1969. Frank Washington, et al. , Petitioners v. Kirkman Fin- lay, Jr., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1991. Steven E. Brand, Petitioner v. Boise Southern Com- pany of DeRidder, LA. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-2006. Robert Kite, as next friend of Greg Kite, et al., Peti- tioners v. Bailey Marshall, etc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-2018. Earl C. Berger, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-2050. Burlington Northern, Inc., Petitioner v. Wayne T. Wil- son. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-2055. Robert J. Kondrat, Petitioner v. United States Depart- ment of Justice. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-2058. Heritage Homes of Attleboro, Inc., Petitioner v. See- konk Water District. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-2059. Anthony J. Scherer, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-2070. James Loften, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-2071. Marvin Leslie Mathis, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-2074. David Remsing, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-2076. Henry J. Kalita, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-2081. Abel Tavarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-2087. Michael J. Conway, Petitioner v. United States. Peti- MONDAY, JUNE 14, 1982 709 tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-2104. Ereno Lewis, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-2115. Pak Shing Lam, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-2118. Juan Fernandez-Uriarte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-2123. William Murphy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-2141. Robert J. Kondrat, Petitioner v. United States State Department. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6289. Alan David Passaro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6302. William Harrison, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6306. Mildon Ball, Petitioner v. Ted Engle, Superintendent, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-6330. Charles Milton Wantland, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-6355. Albert Olivo, Petitioner v. Walter Fogg, Superintend- ent, Eastern Correctional Facility, Napanoch, New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6357. Robert L. Rudolph, Petitioner v. Walter L. Allen. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6391. George W. Monk, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-6423. Robert Gordon Johnstone, Petitioner v. Charles L. 710 MONDAY, JUNE 14, 1982

Wolff, Jr. Director, Nevada State Prison. Petition for of , writ certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-6461. Harry Bezak, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.

No. 81-6471. Willie Buckhana, et al., Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-6489. Reginald L. Lee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 81-6490. Mario Mandrachio, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 81-6519. Pedro Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6545. David Bainter, Petitioner v. Donald Wyrick, Warden. Petition for writ of certiorari to the United States Court of Appeals for

the Eighth Circuit denied. .

No. 81-6553. Melvin B. Lagasse, Jr., Petitioner v. Paul K. Vestal,

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

No. 81-6555. Alvis Nathan Hudgins, Petitioner v. Harold Harris, Sheriff, Mecklenburg County Jail. Petition for writ of certiorari to the United "States Court of Appeals for the Fourth Circuit denied. No. 81-6556. Lamont R. Birden, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 81-6557. Seymour Gopman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6561. Melton L. Pietrowski, 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. 81-6562. Marvin Reiter, Petitioner v. Vernon L. Thomas. Peti- tion for writ of certiorari to the Court of Appeals of Texas, Tenth Su- preme Judicial District, denied. No. 81-6563. John F. "Buff Williams, Petitioner v. Arkansas Public Service Commission. Petition for writ of certiorari to the Supreme Court of Arkansas denied. MONDAY, JUNE 14, 1982 711

No. 81-6568. Donald R. Turner, Petitioner v. Jim Rose, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6569. Dale Eugene Bragg, Petitioner v. Bobby J. Leverette, Warden, West Virginia Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6574. Don Boag, Petitioner v. Robert Raines. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6575. Aaron Holsey, Petitioner v. Lt. Ellis, Correctional Offi- cer, Co. II, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6578. Claybourne Mobley, Petitioner v. William E. Tabor,

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

No. 81-6579. Albert Atkins, Petitioner v. Jim Greer, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6580. Richard Raul Rivera, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied.

No. 81-6584. Cecil Dorman Slayton, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6585. Edward Taylor, 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.

No. 81-6587. Albert M. Mark, Petitioner v. The Seattle Times, et al. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 81-6595. Ronald J. Matthews, Petitioner v. Exxon Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6616. Frank Calzarano, Petitioner v. United States Postal

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

No. 81-6624. Darryl Brooks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. 712 MONDAY, JUNE 14, 1982

No. 81-6641. William Smallwood, Petitioner v. Joseph Ponte, Super- intendent, M.C.I. Walpole. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-6652. David N. Neustein, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6662. Robert E. Mitchell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6680. Willie J. Tucker, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6682. Oswald John, Petitioner v. Norman Carlson, Director,

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

No. 81-6686. Jack C. Pettee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6695. Vertis King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6697. Patricia Martin Darks, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6700. Samuel Ingram, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-6701. Sherman Burton Mallory, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6702. Walter A. Moran, Petitioner v. Richard S. Schweiker, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6709. David Charles Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6712. Rosalinda Lozada, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied. MONDAY, JUNE 14, 1982 713

No. 81-6718. Donald Clifton Reed, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6719. Jack C. Pettee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6724. Ronald Lee Perkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6728. Anthony Goodwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6731. Gary DeWitt Odom, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6738. Mark S. Vlasic, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-6741. Charles C. Lockhart, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6749. Richard Francis De Vincent, Petitioner v. Lawrence R. Putnam. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1387. Voluntary Purchasing Groups, Inc., Petitioner v. Chev- ron Chemical Company. 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. 81-1919. Ralph Grounds, et al., Petitioners v. Mobil Oil Corpora- tion, et al.; No. 81-1920. Panhandle Eastern Pipe Line Company and National Helium Corporation, Petitioners v. Mobil Oil Corporation, et al.;

No. 81-1921. Northern Natural Gas Company, et al., Petitioners v.

Mobil Oil Corporation, et al.; and

No. 81-1922. Cities Service Gas Company, et al., Petitioners v. Mobil

Oil Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Powell took no part in the consideration or decision of these petitions.

No. 81-5597. Frederick Ellsworth Hopper, Petitioner v. California. 714 MONDAY, JUNE 14, 1982

Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. Justice Brennan and Justice Mar- shall would grant certiorari.

Habeas Corpus Denied

No. 81-6715. In Re Chester W. Campbell, Petitioner; and

No. 81-6760. In Re Edward S. Weser, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 81-6331. In Re Charles Milton Wantland, Petitioner; No. 81-6640. In Re Ruth Frick Rice, Petitioner; and No. 81-6699. In Re Pedro Corchado Feliciano, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 81-1569. Lorene L. Rogers, Individually and as President of the

University of Texas at Austin, et al., Petitioners v. Philip L. White;

No. 81-6304. Roger Collins, Petitioner v. Walter D. Zant, Warden;

No. 81-6358. Hubert Walker, Petitioner v. Texas;

No. 81-6364. John E. Medved, Petitioner v. United States;

No. 81-6367. J. C. McCrary, Petitioner v. Harold J. Smith, Superin- tendent, Attica Correctional Facility;

No. 81-6369. John F. "Buff" Williams, Petitioner v. William F. Ever- ett, Director, Arkansas Department of Labor;

No. 81-6467. Jessie D. McDonald, Petitioner v. Vinson Thompson,

Former Warden, et al.;

No. 81-6476. Brett Kimberlin, Petitioner v. United States; and

No. 81-6577. Hassan M. M. Romieh, Petitioner v. Ronald Reagan,

President of the United States, et al. Petitions for rehearing denied.

No. 79-6180. Benjamin F. Raysor, Jr., Petitioner v. Gerald Stern, et al.; and

No. 81-5333. Benjamin F. Raysor, Jr., Petitioner v. Arnold R. Gab- bey, 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 15, 1982 until Mon- day, June 21, 1982. MONDAY, JUNE 14, 1982 715 Admissions to the Bar on Written Motions

Applicant City and State Movant

Lynne Marsha Abraham Philadelphia, PA Bernard M. Borish Dan J. Agnew Centralia, WA John Marshall Cunningham Humberto Juan Aguilar Miami, FL Thomas Gibson O'Connell Heroico M. Aguiluz Los Angeles, CA Peter Russell diDonato Gordon T. Allen Wethersfield, CT Bruce Parman Henderson Tom Neal Ambrose Boise, ID Eugene Clifford Thomas Steven H. Ancel Indianapolis, IN Elliott D. Levin Ronald Eugene Antill Martins Ferry, Michael R. OH Thomas Robert Arnold Tustin, CA Terry 0. Kelly Daniel Laraway Avant Baton Rouge, LA Floyd J. Falcon Jr. Ermino S. Barbalunga Jr. Pittsfield, MA David J. Sargent Mary Deborah Benoit St. Louis, MO Thea Anne Sherry Benitta Berke Miami Beach, FL Elliott Noel Zack Charles Albert Bird San Diego, CA Jack W. Crumley William H. Block Seattle, WA Henry M. Aronson William H. Blum Los Angeles, CA Donald L. A. Kerson Linda R. Blumkin New York, NY Victor S. Friedman Gary John Boynton Orlando, FL Curtis B. Goff Karl Bozicevic Washington, DC John H. Mion Peter F. Brady Holyoke, MA Charles P. Lavelle Patton Harrison Breland Houston, TX Donald Richard Jr. Cruver Frank S. Bruno New Orleans, LA John J. Cummings III Peter Burban Chicago, IL John Alexander Kareken William Thompson Burch Leesburg, VA Elijah Brocken- Jr. borough White David L. Campbell St. Louis, MO Stuart J. Radloff 716

Applicant City and State Movant

Susan L. Carney Washington, DC David Robert Boyd Robert Lee Carter Chicago, IL R. Eugene Pincham Angel Castillo Jr. Miami, FL Phillip J. Sheehe Joseph Michael Claps Chicago, IL Bernard Carey

Ronald Hurley* Clark Abilene, TX Tom Gordon P. Lee Clay Fairmont, WV William B. Robertson Paul Parry Colborn Washington, DC Theodore R. Colborn Wayne Claire Collins Cedar Rapids, IA Richard S. Fry Charles W. Cope Clearwater, FL James T. Russell Robert Francis Cryne McCook, NB Judge Richard S. Arkow Edward Royce Curtis Fort Lauderdale, Christopher FL Rogers Fertig Eric Danoff San Francisco, CA John Allen Flynn Cecil Davenport Louisville, KY Marlow W. Cook Charles Nathan Davis Albany, NY Thomas Wm. Malone Mark Scott Deming Tacoma, WA Frank Clarence Wright Gregory Richard Dent Towson, MD George Barrett Johns David H. Diamond New York, NY Jerome R. Hellerstein Steven Ross Dobrofsky Miami Beach, FL Elliott Noel Zack Carol E. Donahue Orlando, FL Harold Eugene Morlan II Robert Don Downey New York, NY Lewis Herman Louis F. Eisenbarth Topeka, KS Erie William Francis David Anthony Ellison Lubbock, TX Harold Pharis Brown Jr. Marsha Barbanel Elser Miami, FL Melvyn B. Frumkes Joan M. Entmacher Boston, MA Jack Entmacher A

MONDAY, JUNE 14, 1982 717

Applicant City and State Movant

Marc Ira Feig Coral Springs, FL Martin Jay Sperry Donald Michael Ferraiolo Clifton, NJ Newton M. Roemer Robert Kirtley Finnell III Rome, GA Michael Anthony TTWermuthT j T Terry Kimsey Floyd Brunswick, GA A. Blenn Taylor Jr. Franklin Sims Forbes Omaha, NB D. Nick Caporale Linwood 0. Foust Charlotte, NC Wayne Clayton Alexander Michael R. Fox Chilton, WI Jeff Scott Olson Byron Stephen Georgiou Sacramento, CA Edmund G. Brown Jr. Terry Michael Giles banta Ana, CA William Walton Stewart

TTT'I T • T") Charles W. Giraud Houston, IX William B. Robertson Robert Guerra Oxnard, CA Stephen Payne Wiman James B. Hamlin Washington, DC Mark Augenblick George Louis Hancock Jr. Huber Heights, James Franklin OHATT Walsh Orville L. Hardman Parkersburg, WV William L. Jacobs Richard James Harris Savannah, GA Edward T. Brennan Thomas Rogers Harrison Towson, MD Thomas Campbell Morrow Werner Hellmer Durango, I Robert Joel Blum T*» T Joseph Frank Henderson Washington, DC Barry L. Goldstein William J. Hibbler Chicago, IL R. Eugene Pincham Elinor Rose Hoffman New York, NY Gordon B. Spivack Robert R. Huskinson Mannattan beacn, James Jess CA Don Alan Hyman Coral Gables, FL Robert Dixon Jerold D. Jacobson New York, NY Sidney Greenman Thomas Wayne Janas Elyria, OH Gregory Allen White 718 MONDAY, JUNE 14, 1982

Applicant City and State Movant

Richard Coleman Jenkins Dallas, TX William B. Robertson Daniel S. Johnson Jr. San Jose, CA Laurence B. Mitchell Dwight Franchester Jones Portsmouth, VA Stanley Keith Grant Sandra Yvonne Jones Chicago, IL William B. Robertson Marilyn McLane Jordan Seattle, WA Paul F. BonneU Arthur P. Kalleres Indianapolis, IN Harry T. Ice David A. Karp Miami, FL David B. Javits Thomas W. Kelty Springfield, IL Frank M. Pfeifer John F. Kerry Boston, MA Joseph Charles Zengerle III Barry Christopher Knott Stratford, CT Joseph W. Knott Mark Howard Kruger St. Louis, MO David Thomas Weir Stephen M. LaRussa Houma, LA Edward James Gaidry Lindsey Miller Lerman Omaha, NB Judge Donald R. Ross Mark E. Levitt Tampa, FL James Monroe Blue E. F. Lohmann III Midland, TX William Monroe Kerr Howard Jeffrey Lubel Miami, FL C. David Weed

James I. Lysaght New York, NY Richard B. Schwartz Joseph Lloyd Manson III Washington, DC John Lawrence Richardson Kraig J. Marton Phoenix, AZ Philip T. Goldstein Thomas Joseph Marzen Chicago, IL Dennis J. Horan Richard R. McCormack Miami, FL Kermit Guy Kindred Charles Eugene McDonald Bangs, TX E. P. Woodruff Jr. Terrance Leon McGowan Santa Barbara, Alice Thacker CA Merenbach Thomas Paul Washington, DC Alan John Mecherikunnel Leidecker A

MONDAY, JUNE 14, 1982 719

Applicant City and State Movant

Donald R. Mitchell Carbondale, IL Charles Edward Schmidt Norman A. Mott III New Orleans, LA Keith M. Pyburn Jr. Charles J. Moxley Jr. New York, NY Richard Edward Nolan David L. Mulliken San Diego, CA William C. KeUy Jr. Robert Allen Nance Stillwater, OK Jan Eric Cartwright Ronald A. Neimann Salem, IL William Bundy Wham Gary Philip Nelson Pittsburgh, PA Reed J. Davis Arthur E. Neubauer Albany, NY William B. Robertson Thomas Patrick O'Reilly Lanham, MD Steny Hamilton Hoyer B. Robert Ohle St. Petersburg, James Henry FL Turner Mark Evan Olive Knoxville, TN Kenneth Lawing Penegar Steven J. Pace Cedar Rapids, I Glenn L. Johnson Thomas Parker Peffer Cedar Rapids, IA Ricard C. Garberson Maria E Stella Perez Harlingen, TX John Williamson Stephen Samuel Raines Atlanta, GA Malcolm L. Lazin Ernest Constant Washington, DC Ernest Constant Raskauskas Jr. Raskauskas Craig Thomas Redinger Charlottesville, Susan Davis VA White Paul E. Reilender Jr. Lexington, KY J. Gerald Henry Thomas E. Robertson Jr. Fort Smith, AR Donald P. Callaway Randall Eugene Rose Tulsa, OK Don E. Williams Richard H. Rosenstock Chama, NM Robert Richard Rothstein Michael Frederick Ross New Haven, CT Robert J. Pizzella R. John Roy Manchester, NH Dort S. Bigg — . 1

720 MONDAY, JUNE 14, 1982

Applicant uity ana oLate Movant

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I cLci O. V Ugcl XJdlldO,"Dallas TY1 -A. X>*dVlU XvUIldiU Reneker James P. Vozekas Boston, MA Richard M. Gelb Linda E. Wasielewski Pontiac, MI Leonard A. Peres Leslie Frank Weisbrod Dallas, TX Marvin Menaker MONDAY, JUNE 14, 1982 721

Applicant City and State Movant

F. M. WeUs Jr. St. Petersburg, James Henry FL Turner Jonathan Edward Wexler Beverly Hills, CA Michael Spiegel Joe Ramon Whatley Jr. Birmingham, AL John Croom Falkenberry Ellen Levy Widen Columbia, MD Steven J. Fox Adolphus Levi Williams Jr. Haverford, PA Judge A. Leon Higginbotham Jr. W. J. Winterstein Jr. Oklahoma City, Joe Earl Edwards OK Andrew Stephen Zettle Huntington, WV William C. Beatty Wilbur Marks Zevely Florence, KY Thomas Christopher Smith

Opinions

No. 81-574. General Telephone Company of the Southwest, Peti- tioner v. Mariano S. Falcon. 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. Opinion by the Chief Justice concurring in part and dissenting in part. No. 81-395. United Steelworkers of America, AFL-CIO-CLC, Peti- tioner v. Edward Sadlowski, Jr., 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 Marshall. Dissenting opinion by Justice White with whom the Chief Justice, Justice Brennan and Justice Blackmun join.

No. 81-770. Barbara Blum, etc. Appellant v. Jeanne Bacon, etc. , et , al. Appeal from the United States Court of Appeals for the Second Cir- cuit. Judgment affirmed. Opinion by Justice Marshall. No. 80—1556. Kenneth Cory, Controller of the State of California, et al., Petitioners v. Mark White, Attorney General of the State of Texas, et al. On writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice White. Opinion by Justice Brennan concurring in the judgment. Dissenting opinion by Justice Powell with whom Justice Marshall and Justice Stevens join. MONDAY, JUNE 14, 1982 722

No. 80-1146. Ronald M. Zobel and Patricia L. Zobel, Appellants v. Thomas Williams, Commissioner of Revenue, and Alaska. Appeal from the Supreme Court of Alaska. Judgment reversed and case remanded to the Supreme Court of Alaska for further proceedings not inconsistent with the opinion of this Court. Opinion by Chief Justice Burger. Concurring opinion by Justice Brennan with whom Justice Marshall, Justice Blackmun, and Justice Powell join. Opinion by Justice O'Con- nor concurring in the judgment. Dissenting opinion by Justice Rehnquist.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Robert Joseph Garrity Jr. Baltimore, MD Solicitor General Rex E. Lee Sharon L. Worthing New York, NY Francis J. Lorson Jack Arnold McGaughey Nocona, TX Graham B. Purcell Jr. Amador Jaime Fernandez Washington, DC Karl Moynihan Lahring Douglas Latham Lashley Houston, TX William C. Hart Donald T. Scher Los Angeles, CA Gene Karp Carol J. McCabe Washington, DC Thomas G. Gherardi Jay Paul Krupin Washington, DC Roy R. Morris James Edward Ablard McLean, VA Frank H. Strickler Robert Paul Martin Marlinton, WV Kenneth E. Conklin Martin Vaughan Saffer Hillsboro, WV Kenneth E. Conklin Eugene Maynard Simmons Hillsboro, WV Kenneth E. Conklin Leda M.C. Hartwell Columbus, OH Maurine Howard Abernathy Patrick Salmon Hobin San Francisco, CA Justin R. Wolf Gregory Stephen Baxter Eatontown, NJ Martin M. Barger James Francis Collins Freehold, NJ Martin M. Barger Charles A. Costanzo Brielle, NJ Martin M. Barger William Robert Deismger Red Bank, NJ Martin M. Barger Americo John DeNoia Jr. Red Bank, NJ Martin M. Barger John Scott Donington Shrewsbury, NJ Martin M. Barger MONDAY, JUNE 14, 1982 723

Applicant City and State Movant

John Peter Duggan Red Bank, NJ Martin M. Barger Bruce Stuart Edington Newark, NJ Martin M. Barger Bernard B. Finan Red Bank, NJ Martin M. Barger Robert James Gaughran Middletown, NJ Martin M. Barger Leon Joseph Gaylord Jr. Red Bank, NJ Martin M. Barger Eugene D. Ginley Newark, NJ Martin M. Barger Michael H. Gottesman Asbury Park, NJ Martin M. Barger Paul Michael Griffin Middletown, NJ Martin M. Barger Bruce Edward Helies Red Bank, NJ Martin M. Barger William H. Jamison Red Bank, NJ Martin M. Barger Lawrence D. Kantor Keyport, NJ Martin M. Barger Norman B. Kauff Red Bank, NJ Martin M. Barger James Benjamin MacDonald Neptune, NJ Martin M. Barger Milton A. Mausner Red Bank, NJ Martin M. Barger Louis J. Nitti Neptune, NJ Martin M. Barger John A. Petillo Red Bank, NJ Martin M. Barger Raymond F. Reed Point Pleasant, NJ Martin M. Barger Jeffrey Rosen Long Branch, NJ Martin M. Barger Raymond Lee Ross Ocean, NJ Martin M. Barger Philip E. SanFilippo Caldwell, NJ Martin M. Barger Donald B. Steel Red Bank, NJ Martin M. Barger Michael Brian Steib Middletown, NJ Martin M. Barger Thomas James Warren Red Bank, NJ Martin M. Barger Francis H. Wolff Red Bank, NJ Martin M. Barger Joseph D. Youssouf Freehold, NJ Martin M. Barger Robert P. Zmitrovis Freehold, NJ Martin M. Barger Dennis John Barbour Washington, DC E. Barrett Prettyman Jr. Thomas Buergenthal Washington, DC E. Barrett Prettyman Jr. Donald Robert Gratehouse Washington, DC E. Barrett Prettyman Jr. Alexis Smalet Campbell Washington, DC E. Barrett Iszard Prettyman Jr. Mosina H. Jordan Washington, DC E. Barrett Prettyman Jr. Bryan Franklin Washington, DC E. Barrett MacPherson Prettyman Jr. 724 MONDAY, JUNE 14, 1982

Applicant City and State Movant

Sharon E. Palmer-Royston Washington, DC E. Barrett Prettyman Jr. Florence M. Lewis Smith Washington, DC E. Barrett Prettyman Jr. Walter Joseph Stewart Washington, DC E. Barrett Prettyman Jr. Alvin Isaacs Framingham, MA E. Barrett Prettyman Jr. Rachel Friedberg Papkin Bethesda, MD E. Barrett Prettyman Jr. Charles L. Ruttenberg Silver Spring, MD E. Barrett Prettyman Jr. Michael James Walls Hyattsville, MD E. Barrett Prettyman Jr. William Lawrence Lawrenceville, NJ E. Barrett Muckelroy Prettyman Jr. John Graham O'Brien Westfield, NJ E. Barrett Prettyman Jr. William Joshua Pollinger Hackensack, NJ E. Barrett Prettyman Jr. Raymond Stuart Fersko New York, NY E. Barrett Prettyman Jr. Roger Keith Rutledge Memphis, TN E. Barrett Prettyman Jr. W. C. McGlothlin Jr. San Antonio, TX E. Barrett Prettyman Jr. Leo Edward Benade Annandale, VA E. Barrett Prettyman Jr. Paul B. Ward McLean, VA E. Barrett Prettyman Jr. Charles W. Consolvo St. Thomas, VI E. Barrett Prettyman Jr. Eugene Aloysius Bonner Media, PA Judge Francis James Catania Garland D. Cherry Jr. Media, PA Judge Francis James Catania Richard Leo Colden Jr. Upper Darby, PA Judge Francis James Catania MONDAY, JUNE 14, 1982 725

Applicant City and State Movant

Steven Eugene Combs Media, PA Judge Francis James Catania Chester Parker Confer Media, PA Judge Francis James Catania Joseph Patrick Connor III Media, PA Judge Francis James Catania Michael Gerald Cullen Drexel Hill, PA Judge Francis James Catania Andrew Joseph D'Amico Media, PA Judge Francis James Catania Joseph M. Dougherty II Springfield, PA Judge Francis James Catania Michael Brennan Egan Philadelphia, PA Judge Francis James Catania Robert M. Firkser Prospect Park, PA Judge Francis James Catania Allene Golub Newtown Square, Judge Francis PA James Catania Richard M. Golub Newtown Square, Judge Francis PA James Catania Barry Irwin Gross Media, PA Judge Francis James Catania David Hamilton Lang Media, PA Judge Francis James Catania Stephen Lax Media, PA Judge Francis James Catania Donald W. Lehrkinder Jr. Media, PA Judge Francis James Catania Gary M. Mogil Philadelphia, PA Judge Francis James Catania Rocco Michael Nigro Media, PA Judge Francis James Catania Margaret Ann O'Connor Broomall, PA Judge Francis James Catania Donald Thomas Petrosa Media, PA Judge Francis James Catania Gregory Thomas Prete Media, PA Judge Francis James Catania 726 MONDAY, JUNE 14, 1982

Applicant City and State Movant

W. Wayne Punshon Philadelphia, PA Judge Francis James Catania Bruce E. Rodger Media, PA Judge Francis James Catania

Alan I. Rosenberg Media, PA Judge Francis James Catania Lawrence Steven Rubin Media, PA Judge Francis James Catania Nelson J. Sack Media, PA Judge Francis James Catania Michael D. Sehl Wayne, PA Judge Francis James Catania Thomas Joseph Stapleton Drexel Hill, PA Judge Francis Jr. James Catania Joseph Bernard VanWyk Media, PA Judge Francis James Catania

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) TUESDAY, JUNE 15, 1982 727 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. 81-451. Ralph Hathorn, et al., Petitioners v. Mrs. Bobby Lov- orn, et al. On writ of certiorari to the Supreme Court of Mississippi. Judgment reversed and case remanded to the Supreme Court of Missis- sippi for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice O'Connor. Justice Powell concurs in the judgment. Dissenting opinion by Justice Rehnquist. No. 80-1538. James Plyler, Superintendent of the Tyler Independent School District and its Board of Trustees, et al., Appellants v. J. and R.

Doe, et al.; and

No. 80-1934. Texas, et al., Appellants v. Certain Named and Un- named Undocumented Alien Children, et al. Appeals from the United States Court of Appeals for the Fifth Circuit. Judgments affirmed. Opinion by Justice Brennan. Concurring opinion by Justice Marshall. Concurring opinion by Justice Blackmun. Concurring opinion by Justice Powell. Dissenting opinion by the Chief Justice with whom Justice White, Justice Rehnquist, and Justice O'Connor join.

No. 80-2070. Sumitomo Shoji America, Inc., Petitioner v. Lisa M. Avagliano; and

No. 81-24. Lisa M. Avagliano, et al., Petitioners v. Sumitoma Shoji America, Inc. On writs 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 Chief Justice Burger.

No. 80-2204. Victor P. Diedrich, et ux., Petitioners v. Commissioner of Internal Revenue; and United Missouri Bank of Kansas City, N.A., etc., Petitioner v. Commissioner of Internal Revenue. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judg- ments affirmed. Opinion by the Chief Justice. Dissenting opinion by Justice Rehnquist.

Adjourned until Friday, June 18, 1982 at 10 o'clock. x i (JOURNAL) THURSDAY, JUNE 17, 1982 729 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.

Order in Pending Case

No. A-1086. Jan Alf Assarsson, Applicant v. United States. The application for stay of extradition and bail presented to Justice Stevens, and by him referred to the Court, is denied. Justice Rehnquist took no part in the consideration or decision of this application.

(JOURNAL) FRIDAY, JUNE 18, 1982 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. 81-31. California, et al, Appellants v. Grace Brethren Church, et al.; and California, et al., Appellants v. Lutheran Church-Missouri

Synod, et al.;

No. 81-228. United States, et al, Appellants v. Grace Brethren Church, et al.; and

No. 81-455. Grace Brethren Church, et al., Appellants v. United

States, et al. Appeals from the United States District Court for the Central District of California. Judgment vacated and cases remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins.

No. 80-2195. United States, Petitioner v. Learley Reed Goodwin. 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. Opinion by Justice Blackmun concurring in the judgment. Dissenting opinion by Justice Brennan with whom Jus- tice Marshall joins.

No. 80-419. Arizona, Petitioner v. Maricopa County Medical Society, 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. Dissenting opinion by Justice Pow- ell with whom the Chief Justice and Justice Rehnquist join. Justice Blackmun and Justice O'Connor took no part in the consideration or decision of this case.

No. 80-1417. Mark J. Mills, et al., Petitioners v. Rubie Rogers, et al. On writ of certiorari to the United States Court of Appeals for the First 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. 732 FRIDAY. JUNE 18, 1982

No. 80-1429. Duane Youngberg, etc., et al., Petitioners v. Nicholas Romeo, an Incompetent by his Mother and Next Friend, Paula Romeo. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Powell. Concurring opinion by Justice Black- mun with whom Justice Brennan and Justice O'Connor join. Opinion by the Chief Justice concurring in the judgment.

No. 89, Original. State of California, ex rel. State Lands Commis- sion, Plaintiff v. United States. On cross motions for judgment. Califor- nia's motion for summary judgment is denied, and the United States' motion for judgment on the pleadings is granted. The parties, or either of them, may, before September 27, 1982, submit a proposed decree to carry this opinion into effect, failing which the Court will prepare and enter an appropriate decree at the next Term of Court. Opinion by Jus- tice White. Opinion by Justice Rehnquist concurring in the judgment with whom Justice O'Connor joins.

Adjourned until Monday, June 21, 1982 at 10 o'clock. x (JOURNAL) MONDAY, JUNE 21, 1982 733 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. 81-1444. Johann Schmidt and Leland Pollard, etc., Petitioners v. Oakland Unified School District, 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. Judgment vacated and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion per curiam.

Appeals—Summary Disposition

No. 81-1589. Hugh S. Hunt, Appellant v. Jerry L. Collins. Appeal from the Supreme Court of Georgia. The appeal is dismissed for want of a properly presented federal question.

No. 81-1999. The Seymour National Bank, etc., et al., Appellants v. Indiana. Appeal from the Supreme Court of Indiana. The appeal is dismissed for want of a substantial federal question.

Certiorari—Summary Disposition

No. 81-1496. Michael E. Spiess, et al., Petitioners v. C. Itoh & Com- pany (America), Inc. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of

certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Sumitomo Shoji America, Inc. v. Avagliano, 457 U.S. (1982).

No. 81-1736. United States, Petitioner v. William Harris Sharpe and Donald Davis Savage. 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 United States v. Ross, 456 U.S. (1982). Dissenting opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join. 734 MONDAY, JUNE 21, 1982

No. 81-1761. Eckerd Drugs, Inc., et al., Petitioners v. Shirley Brown, 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 General Telephone Co. of the Southwest v. Fal- con, 457 U.S. (1982).

No. 81-1849. United States, Petitioner v. James Edward Currie. On petition for writ of certiorari to the United States Court of Appeals 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 for further consid-

eration in light of United States v. Goodwin, 457 U.S. (1982).

Orders in Pending Cases

No. . Donald T. Regan, Secretary of the Treasury, et al., Peti- tioners v. Taxation with Representation of Washington. The motion of Disabled American Veterans and Paralyzed Veterans of American for leave to intervene as party appellants is denied. The motion of Ameri- can Legion for leave to intervene as a party appellee is denied. The motion of Veterans of Foreign Wars of the United States for leave to intervene is denied. Justice Brennan, Justice Blackmun and Justice O'Connor would defer further consideration of these motions to the docketing and consideration of the jurisdictional statement.

No. A-1054. Florida Businessmen for Free Enterprise, et al., Appli-

cants v. City of Hollywood, et al. The application for stay addressed to Justice Stevens and referred to the Court is denied. Justice Rehnquist and Justice Stevens took no part in the consideration or decision of this application.

No. A-1064. Howell & Howell, Inc., et al., Applicants v. Local Union No. 118, International Brotherhood of Painters and Allied Trades. The application for an injunction pending appeal addressed to Justice Ste- vens and referred to the Court is denied. Justice Rehnquist took no part in the consideration or decision of this application.

No. A-1084. Owen H. Brooks, etc., Applicant v. William F. Winter,

Governor of Mississippi, et al. The application for stay presented to Justice White and by-him referred to the Court is denied. Justice Rehn- quist took no part in the consideration or decision of this application. MONDAY, JUNE 21, 1982 735

No. D-270. In the Matter of Andrew Bruce Moritz. Andrew Bruce Moritz, of San Diego, California, 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 May 3, 1982, is hereby discharged. No. 80-1190. Pullman-Standard, A Division of Pullman, Incorpo- rated, Petitioner v. Louis Swint and Willie Johnson, etc.; and

No. 80-1193. United Steelworkers of America, AFL-CIO, et al., Pe- titioners v. Louis Swint and Willie James Johnson. The motion of respondents Louis Swint and Willie James Johnson for leave to proceed in forma pauperis, nunc pro tunc, is denied. No. 80-2128. Washington Metropolitan Area Transit Authority, Peti- tioner v. William David Hensley. The motion of respondent for approval of attorney's fees is denied without prejudice to applying for the relief in the United States Court of Appeals for the District of Columbia Cir- cuit. Justice Rehnquist took no part in the consideration or decision of this motion. No. 81-1044. United States Postal Service Board of Governors, Peti- tioner v. Louis H. Aikens. The motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a brief as amicus curiae is granted.

No. 81-1489. Xerox Corporation, Appellant v. County of Harris, Texas and City of Houston, Texas. The motion of appellees for divided argument and for additional time for oral argument is denied.

Appeals-^Jurisdiction Noted

No. 81-731. Arkansas Electric Cooperative Corporation, Appellant v. Arkansas Public Service Commission. Appeal from the Supreme Court of Arkansas. In this case probable jurisdiction is noted.

No. 81-1839. Minneapolis Star and Tribune Company, Appellant v. Minnesota Commissioner of Revenue. Appeal from the Supreme Court of Minnesota. In this case probable jurisdiction is noted.

No. 81-2057. 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. In this case probable jurisdiction is noted.

No. 81-1863. United States, et al, Appellants v. Mary T. Grace, et 736 MONDAY, JUNE 21, 1982 al. Appeal from the United States Court of Appeals for the District of Columbia Circuit. The motion of appellees for leave to proceed in forma pauperis is granted. In this case probable jurisdiction is noted.

Certiorari Granted

No. 81-857. Oralia Martinez, as Next Friend of Roberto Morales, Pe- titioner v. M. L. Brockette, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 81-1938. United States, Petitioner v. James E. Baggot. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit granted.

No. 81-1966. Belknap, Inc., Petitioner v. Duwaine E. Hale, et al. Pe- tition for writ of certiorari to the Supreme Court of Kentucky granted.

No. 81-1802. United States, Petitioner v. Leroy Carlton Knotts. The motion of respondent for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted.

No. 81-1983. Richard S. Schweiker, Secretary of Health and Human Services, Petitioner v. Carmen Campbell. 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 granted.

No. 81-1945. Pacific Gas and Electric Company, et al., Petitioners v. State Energy Resources Conservation & Development Commission, et al. The petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit is granted limited to the following questions: Whether petitioners' challenges to the provisions in the 1976 amendments to California's Warren-Alquist Act, Cal. Pub. Res. Code Sections 25524.1(b) and 25524.2 (West 1977), which condition the construction of nuclear plants on findings by the State Energy Resources Conservation and Development Commission that adequate storage facilities and means of disposal are available for high-level nuclear waste, are ripe for judicial review, and whether Sections 25524.1(b) and 25524.2 are preempted by the Atomic Energy Act of 1954, 42 U.S.C. Section 2011, et seq.

No. 81-2101. Pennhurst State School and Hospital, et al., Petitioners v. Terri Lee Halderman, et al. The motion of respondents Terri Lee 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 granted. MONDAY, JUNE 21, 1982 737 Certiorari Denied

No. 81-1552. Sylvia Gino Binder, Petitioner v. Immigration and Nat- uralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1679. Seymour Joseph Cassel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1682. Carl Scacchetti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1699. Robert Eugene Early, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-1703. William H. Lambert, Petitioner v. Gerard B. Wattigny. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied.

No. 81-1749. Wilshire Oil Company of Texas, Petitioner v. Board of Governors of the Federal Reserve System. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 81-1791. Group Life and Health Insurance Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1793. Joseph Ragusa and John Caresio, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

No. 81-1804. RCA Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-1811. Don Slater, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1821. Super Excavators, Inc., Petitioner v. Occupational

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

No. 81-1868. Council of Public Utility Mailers, Petitioner v. United

States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 738 MONDAY, JUNE 21. 1982

No. 81-1897. Jack Holland Anthony, Petitioner v. United States, et al.; and Jack Holland Anthony, Petitioner u. Lee R. West, U. S. Dis- trict Judge for the Western District of Oklahoma (United. States, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-1907. Robert Nick Regilio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-1934. Sueanne C. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1944. Pacific Legal Foundation, et al., Petitioners v. State Energy Resources Conservation & Development Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1967. Thomas Cannon, et al, Petitioners v. Consolidated Rail

Corporation, et al.; and

No. 81-1992. United Transportation Union, Petitioner v. Consoli-

dated Rail Corporation, et al. Petitions for writs of certiorari to the Special Court, Regional Rail Reorganization Act of 1973, denied.

No. 81-1968. Anthony Liberatore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 81-1971. Trustees of the First Baptist Church of Silver Spring,

Maryland, Petitioner v. Supervisor of Assessments of Montgomery County, Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied.

No. 81-1979. Samuel Sliwoo. Petitioner i\ United States; and

No. 81-6586. Augustine Mazzio, Petitioner u. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1982. Anne W. Swoboda, etc., Petitioner u. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1994. James A. Bullock, Petitioner v. John R. Adams. Peti- tion for writ of certiorari to the Appellate Court of Illinois, First Dis- trict, denied.

No. 81-2000. Thomas Merton Center, Petitioner v. Rockwell Inter- national Corporation and Crosby M. Kelly. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. MONDAY, JUNE 21, 1982 739

No. 81-2002. James C. Stallings, Petitioner v. Lloyd Fletcher and Steven L. Beshear. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-2009. Florence M. Yeo, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 81-2028. Sheldon Oliver Zisook, Jeffrey A. Brody and Basil Chris Elias, Petitioners v. Attorney Registration and Disciplinary Commisson of the Supreme Court of Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied.

No. 81-2036. Jerry Bennett, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-2043. Oil Transport Company, et al., Petitioners v. Union of Transportation Employees. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-2047. Bob Bullock, Comptroller of Public Accounts for the State of Texas, et al., Petitioners v. Frederic J. Briggs and James W. Briggs. Petition for writ of certiorari to the Court of Appeals of Texas, Third Supreme Judicial District, denied.

No. 81-2086. Albert Green, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-2092. Hanna Bonkowsky, Petitioner v. Otto Bonkowsky. Pe- tition for writ of certiorari to the Supreme Court of Ohio denied.

No. 81-2133. George Weingartner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-2134. Ralph Benavidez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-2148. James Orlando Quintana, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-2175. John Thomas Bigley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-2177. Vincent Beltempo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-6089. Darryl Petschen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. 740 MONDAY, JUNE 21, 1982

No. 81-6296. Robert Jennings, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-6375. Edward Udziela, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-6380. Patrick C. Lupo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-6383. Eddie Wilson, Petitioner v. Judge Tillman, Circuit Court of St. Louis City. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6408. John Doe, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied.

No. 81-6415. Oscar Green, Petitioner v. United States Probation Of- fice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6444. Robert Jay Meinster, Petitioner v. United States; and

No. 81-6445. Eugene Arter Myers, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6448. Raymond J. Lyons, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6472. Norberto Caballery, Petitioner v. United States Parole

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

No. 81-6491. Michael R. Steedman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6591. Joseph 0. Jenkins, Petitioner v. Ross Maggio, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6592. Jerry Leon Dodson, Petitioner v. Arkansas. Petition for writ of certiorari to the Arkansas Court of Appeals denied.

No. 81-6600. Curtis Sawyer, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Of- fice, denied. MONDAY, JUNE 21, 1982 741

No. 81-6603. Robert Cleveland Adams, 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. 81-6604. Paul Fisher and Thomas Lancaster, Petitioners v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

No. 81-6608. Hiram T. Wooden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-6609. George Rawls, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

No. 81-6614. Michael Eugene Hishaw, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

No. 81-6617. Joe Woods, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-6618. David N. Tavares, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied.

No. 81-6619. Gregory Lamar Johnson, Petitioner v. Samuel P. Garri- son, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6620. Aaron Holsey, Petitioner v. Circuit Court for Washing- ton County. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

No. 81-6623. Patrick Bennett, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

No. 81-6627. Thomas Lee Jorden, Petitioners. 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. 81-6630. Benjamin Charles Hoover, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

No. 81-6634. Isaiah Crawford, Petitioner v. Harold L. Little. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Third Dis- trict, denied.

No. 81-6635. Dean Taylor Darroch, Petitioner v. North Carolina. Pe- 742 MONDAY, JUNE 21, 1982 tition for writ of certiorari to the Supreme Court of North Carolina denied.

No. 81-6637. John Moore, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

No. 81-6638. Richard Rudman, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6642. Ronald Doyle Wilburn, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6644. James Willis Rodgers, 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. 81-6645. Janice Julia Ritter, Petitioner v. David DeWitt Ritter. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-6649. Lynn Bentley, Petitioner v. Ruth Rushen, Director, California Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6650. Billy Joe Armento, Petitioner v. David Scurr, Warden, Iowa State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6653. Verdell Smith, Petitioner v. Inland Steel Company. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6656. Jack Ma, Petitioner v. First National Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6668. Helen J. Kelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6670. Jerome McKinstry, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied.

No. 81-6673. Richard Leo Anthony Occhino, Petitioner v. North-

western Bell Telephone Company, et al. Petition for writ of certiorari to the United States' Court of Appeals for the Eighth Circuit denied.

No. 81-6684. G. K. Van Orman, Petitioner v. First National Bank of MONDAY, JUNE 21, 1982 743

South Central Michigan and Richard W. Huttenlocher. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6685. Wellington Williams, Petitioner v. Pepsi-Cola Bottling Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6696. Orlando Cardenas, Petitioner v. Salvadore Canale. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

. No. 81-6698. Sylvia Jean Cross, Petitioner v. City of Tulsa. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6721. Frank J. Camoscio, Petitioner v. Massachusetts Board of Registration in Podiatry, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

No. 81-6730. Carlito Ragasa Quitiquit, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6748. Garland Jeffers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

No. 81-6750. Edward J. Johnston, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6757. Mary Frances Carrier, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6767. Thomas James Bussey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

No. 81-6786. Kenneth D. Barney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1988. Consolidated Motor Inns, Petitioner v. BVA Credit Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Former Fifth Circuit denied. Justice Powell took no part in the consideration or decision of this petition.

No. 81-2085. Guide Publishing Co. , Inc. , etc. , Petitioner v. Charles 744 MONDAY, JUNE 21, 1982

D. Thomas. The motion of American Newspaper Publishers Association for leave to file a brief as amicus curiae is granted. Petition for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-6422. Clifford E. Genson, Petitioner v. S. DiUon Ripley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. The Chief Justice and Justice O'Connor took no part in the consideration or decision of this petition.

No. 81-6570. Luis Carlos Arango, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6598. Wayne Ladd Krier, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6594. Duane Earl Pope, Petitioner v. Charles Thone, Gover- nor of Nebraska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Black- mun took no part in the consideration or decision of this petition.

Habeas Corpus Denied

No. 81-6793. In Re Tommy Lee Jones, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 81-6602. In Re Richard Emmett Smiley, Petitioner; and No. 81-6611. In Re Allen Scott, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 81-160. Mississippi, et al., Petitioners v. Barbara Phillips, et al.; No. 81-181. Joint Legislative Committee for Performance, Evalua- tion, and Expenditure Review of the State of Mississippi, et al., Peti- tioners v. Barbara Phillips, et al.; and

No. 81-6421. Wynn Earl Westover, Petitioner v. Louis

Richenberger, et al. Petitions for rehearing are denied.

No. 27, Original. State of Ohio, Plaintiff v. Commonwealth of of Ken- tucky; and

No. 81, Original. "Commonwealth of Kentucky, Plaintiff v. State of

Indiana, et al. The petition of Dorothy Cole, et al. for rehearing on denial of leave to intervene is denied. MONDAY, JUNE 21, 1982 745

No. 80-1430. Ted Engle, Superintendent, Chillicothe Correctional

Institute, Petitioner v. Lincoln Isaac; E. P. Perine, Superintendent, Marion Correctional Institution, Petitioner v. Kenneth L. Bell; and Ted Engle, Superintendent, Chillicothe Correctional Institute, Petitioner v. Howard Hughes. The petition of Kenneth L. Bell for rehearing is denied.

No. 81-6281. Kenneth A. Appleby, Petitioner v. WTIC-FM Radio Station, 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

James Marshall Adams III Atlanta, GA Matthew Henry Patton David K. Ansell Oakhurst, NJ Peter Shebell, Jr. Theodore Bruce AtLass Denver, CO William J. Friedman H. Michael Bartley Cooper, TX C. Claude Teagarden Bruce D.Berreth Seattle, WA James Harrison Davenport Robert Alan Braun East Northport, Floyd Sarisohn NY William Frederick Indianapolis, IN Stephen L. Lucas Buchanan Charles Capion San Antonio, TX William Wade Morris Nicholas John Chabra Arlington, VA Corrad Donald Philos Samuel F. Chamberlain Salt Lake City, David Lloyd UT Jackie Chan Danbury, CT John R. Fiore Martin E. Coffey New York, NY Edwin K. Reid Rosemary Lorraine Caraopolis, PA Judge Carol Los Corsetti Mansmann Richard Layne Crozier Austin, TX Judge Bot Eric Shannon Timothy John Deardprff Cincinnati, OH Wayne Francis Wilke 746 MONDAY, JUNE 21, 1982

Applicant City and State Movant

Roderick C. Dennehy Jr. Washington, DC Anthony L. Mondello Angel L. Diaz Palenque Caguas, PR Edwin Ramos Rivera David A. Donohoe Washington, DC Alan J. Statman Philip Edward Dunn Jr. Bakersfield, CA Robert A. Sams Terry Robert Ekdahl Oscoda, MI Philip C. Sessoms Howard Gordon E stock New York, NY Alfred T. DeMaria Gary Franklin Eubanks Marietta, GA Peter S. Craig Paul Edward Furrh Jr. Nacogdoches, TX James M. Heidelberg Jr. Michael Hugh Gale Seattle, WA Solicitor General Rex E. Lee Henry Christopher Covington, KY John Jackson Germann Blackburn Beryl Sansom Gilmore Washington, DC Gail Mary Fraier Jonathan Charles Gordon Los Angeles, CA Everett F. Meiners Herbert H. Gran III Atlanta, GA J. D. Humphries III Andrew J. Haliw III Northville, MI Martin Jack Leavitt David J. Harrell Ventura, CA John Paul Brown William Ballard Harris III Wilmington, NC John Richard Newton Jeffrey Edward Hartnett St. Louis, MO Borton Wayne Newman Stephen M. Hauser San Diego, CA Thomas Warner Hauser Roger Allan Hedgecock San Diego, CA Joseph Kase Jr. John H. Hill Pittsburgh, PA Leonard L. Scheinholtz Robert Alan Housman Los Angeles, CA Michael Ward Frye Martin Toivo Jackson Los Angeles, CA Signey Broffrnan Samuel Spencer Jackson Jr. Alexandria, VA Gary Richards Sheehan Jack D. Jester Chicago, IL Kevin Michael Flynn MONDAY, JUNE 21, 1982 747

Applicant City and State Movant

Peter Joseph Kadzik Washington, DC Thomas A. Flannery Richard L. Karch Santa Ana, CA William Wayne Bedsworth Gorge Herbert King Los Angeles, CA John F. Kimberling Don W. King Jr. San Antonio, TX William Dade Morris Rene Lehmann New Orleans, LA Herbert J. Garon Arthur Gutierrez Longoria Los Angeles, CA William John Currer Jr. Michael Kenneth Love Silver Spring, MD Donald Glenn Gavin Cloyce Leland Mangas Jr. Miami, FL Patrick Louis Baude John Delmon Martin Jr. Orlando, Fl Thomas W. Gibson Eugene David McGurk Jr. Philadelphia, PA David F. Binder Stephen T. McMurtry Covington, KY Joseph T. Condit Robert Folger Miller San Francisco, CA James B. Atkin Steven Jeffrey Miller Los Angeles, CA Joe Edward Penick Jr. Donald Allister Mitchell Danbury, CT John R. Fiore James Francis Mundy Philadelphia, PA David F. Binder Nathan R. Niemuth Phoenix, AZ John F. Boland Jr. Norman F. O'Rourke Fort Lauderdale, James D. Clark FL George W. Palda Cleveland, OH Larry S. Gordon Paul Chapman Parker Decatur, GA James Matthew McDaniel John Lee Parrott Monticello, GA Joseph Harris Briley Ray Peacock Clearwater, FL Michael Adam Smith Fernando A. Perez Colon San Juan, PR Alberto Santiago Villalonga Randall Eugene Poff Portland, OR Ronaldl Garth Talney Eddie Michael Pope Oklahoma City, Robert D. Stewart OK Jr. 748 MONDAY, JUNE 21, 1982

Applicant City and State Movant

David Matthew Raim New York, NY Jeffrey Philip Sinensky Robert John Reamer Marina Dey Rey, William IP. CA McGinn Jeffrey Kane Reich Fresno, CA L. Nelson Hayhurst

John P. Rhody Jr. Silver Spring, MD John I. Heise Jr. Lawrence Anthony Cleveland, OH Newton N. Minow Salibra II Michael Kalik Schmier Los Angeles, CA Eric Robert Yamamoto R.Douglas Schrantz Rogers, AR John E. Jennings Allan Irving Shatkin San Francisco, CA Thomas Steel Floyd H. Shebley Oregon City, OR Wallace Lamar Duncan Nick Joseph Sinardi Tampa, FL Emiliano J. Salcines Melville Stephen Smith III Miami, FL James A. Dixon Jr. James Regis Stevens Jr. Houston, TX Walter B. Morgan Wayne Ronald Stone Tacoma, WA Dale W. Read Philip M. Tatarowicz Chicago, IL Sherman S. Cohen Lance Joseph Thibideau Fort Lauderdale, Joel Leon FL Kirschbaum Alexander Gk. Thomas Columbus, OH Simon Barry Karas Thomas L. Toone Phoenix, AZ Donald Paul Roelke Kinch Morgan Varner III Atlanta, GA Albert Felton Jenkins Jr. Gary Daniel Wells Newport Beach, Don W. Martens CA Marcia Ellen White Santa Fe., NM Jeff Bingaman Brooke R. Whitted Chicago, IL Kevin Patrick Connelly Jody L. Williams Salt Lake City, Verl R. Topham UT MONDAY, JUNE 21, 1982 749

Opinions

No. 81-213. Richard S. Schweiker, Secretary of Health and Human

Services, Appellant v. George Hogan, et al. Appeal from United States District Court for the District of Massachusetts. Judgment reversed and case remanded to the District Court for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens.

No. 80-1608. United States, Petitioner v. Raymond Eugene John- son. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Blackmun. Concurring opinion by Justice Brennan. Dissenting opinion by Justice White with whom the Chief Justice, Justice Rehnquist, and Justice O'Connor join.

No. 80-1874. Georgia Patsy, Petitioner v. Board of Regents of the State of Florida, etc. 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. Concur- ring opinion by Justice O'Connor with whom Justice Rehnquist joins. Concurring opinion by Justice White in all but Part III-B of the opinion of the Court. Dissenting opinion by Justice Powell with whom the Chief Justice joins in Part II.

No. 81-225. Blue Shield of Virginia, et al., Petitioners v. Carol ^McCready. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice Bren- nan. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice O'Connor join. Dissenting opinion by Justice Stevens.

No. 80-2147. Connecticut, et al., Petitioners v. Winnie Teal, et al. On writ of certiorari to the United States Court of Appeals for the Sec-

ond Circuit. Judgment of the Court of Appeals is affirmed and case remanded to the United States District Court for the District of Connecti- cut for further proceedings in conformity with the opinion of this Court. Opinion by Justice Brennan. Dissenting opinion by Justice Powell with whom the Chief Justice, Justice Rehnquist, and Justice O'Connor join.

No. 81-460. Middlesex County Ethics Committee, etc., Petitioner v.

Garden State Bar Association, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed and 750 MONDAY, JUNE 21, 1982 case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Chief Justice Bur- ger. Opinion by Justice Brennan concurring in the judgment. Opinion by Justice Marshall concurring in the judgment with whom Justice Brennan, Justice Blackmun, and Justice Stevens join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Charles Michael Jackson Nashville, TN Judge Julius Miller Robert Mark Mifflin Springfield, IL Roger F. Jacobs Ira E. Bilson Los Angeles, CA Francis J. Lorson Joel Herbert Sharp Jr. Orlando, FL Betty Southard Murphy Winifred Johnson Sharp Windermere, FL Betty Southard Murphy Nancy Lee Gregg Fort Smith, AR Robert Morgan Reade Lael R. Rubin Los Angeles, CA Mark Dee Nozette Karen Goodman Seinfeld Tacoma, WA Leonard Charles Pederson Jr. Charles Edward Anderson Perry, FL Edgard R. Martinez-Gelpi Karl W. Sonneman Alexandria, VA Jack N. Goodman Dennis Gary Seinfeld Tacoma, WA Leonard Charles Pederson Jr. Stanley H. Abramson Washington, DC Lawrence Gerald Wallace Barbara Ischie Gersten Washington, DC Lawrence Gerald Wallace Timothy M. Haake Washington, DC Lawrence Gerald Wallace John Phillip Maxwell Washington, DC Lawrence Gerald Wallace Charles Bren Roberts Washington, DC Lawrence Gerald Wallace Scott Slaughter Washington, DC Lawrence Gerald Wallace J. Robert Steelman Washington, DC Lawrence Gerald Wallace MONDAY, JUNE 21, 1982 751

Applicant City and State Movant

Kicnard Karl Delmar Hmgham, MA Lawrence Gerald Wallace

/""1 1 ^ « T"> . - „u • _ TV T T\ Phillip G. Buchanan Glen Burnie, MD Lawrence Gerald Wallace

Pamela K. .b . LeCren bilver bprmg, MD Lawrence Gerald Wallace George B. Prettyman Jr. Silver Spring, MD Lawrence Gerald Wallace Henry T. Conhn Ann Arbor, MI Lawrence Gerald Wallace Stanton David Weinstein Philadelphia, rA Lawrence Gerald Wallace Ernesto Gonzalez-Pinero ban Juan, rK Lawrence Gerald Wallace

Q nT1 T, lnv, "DTD Jose V. Gorbea Varona ban Juan, rK Lawrence Lrerala Wallace Jose D. Camacho Negron ban Juan, rK Lawrence Gerald Wallace Judy Patrice Rmgquist JNewport, Kl Lawrence Gerald Wallace Carl Joseph Arbes Arlington, VA Lawrence Gerald Wallace Colleen Love Conlin Markham, VA Lawrence Gerald

TT "1 WallaceJ 1 Nancy Spencer Hyde Arlington, VA Lawrence Gerald Wallace Karen Dodd Lerohl Alexandria, VA Lawrence Gerald Richardson Wallace Eugene Francis Shine Jr. Arlington, VA Lawrence Gerald Wallace Michael R. Smythers rairlax, VA Lawrence Gerald Wallace Jerry Arthur Walz Reston, VA Lawrence Gerald Wallace John LeRoy Frank Eau Claire, WI Lawrence Gerald Wallace

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) WEDNESDAY, JUNE 23, 1982 753 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. 80-2134. Foremost Insurance Company, et al., Petitioners v. Pansy F. Richardson, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Marshall. Dissenting opinion by Justice Powell with whom the Chief Justice, Justice Rehnquist, and Justice O'Connor join.

No. 81-5152. Omar Taylor, Petitioner v. Alabama. On writ of certiorari to the Supreme Court of Alabama. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Marshall. Dissenting opinion by Justice O'Connor with whom the Chief Justice, Justice Pow- ell, and Justice Rehnquist join.

No. 80-1188. James Edgar, Appellant v. Mite Corporation and Mite Holdings, Inc. Appeal from the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Justice White delivered an opinion, Parts I, II, and V-B of which are the opinion of the Court, with whom the Chief Justice, JusticeWhite, Justice Blackmun, except for Part V-B, Justice Powell, except for Part II, Justice Stevens and Jus- tice O'Connor Join. Opinion by Justice Powell concurring in part. Opin- ion by Justice Stevens concurring in part and concurring in the judgment. Opinion by Justice O'Connor concurring in part. Dissenting opinion by Justice Marshall with whom Justice Brennan joins. Dissent- ing opinion by Justice Rehnquist.

No. 81-611. Globe Newspaper Company, Appellant v. Superior Court for the County of Norfolk. Appeal from the Supreme Judicial Court of Massachusetts. Judgment reversed and case remanded to the Supreme Judicial Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Brennan. Opinion by Jus- tice O'Connor concurring in the judgment. Dissenting opinion by the Chief Justice with whom Justice Rehnquist joins. Dissenting opinion by Justice Stevens.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) THURSDAY, JUNE 24, 1982 755 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. 79-1738. Richard Nixon, Petitioner v. A. Ernest Fitzgerald. 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. Concurring opinion by Chief Justice Burger. Dissenting opinion by Justice White with whom Justice Brennan, Justice Marshall, and Justice Blackmun join. Dissenting opinion by Justice Blackmun with whom Justice Brennan and Justice Mar- shall join. No. 80-945. Bryce N. Harlow and Alexander P. Butterfleld, Petition- ers v. A. Ernest Fitzgerald. On writ of certiorari to the United States Court of Appeals for the District of Columbia 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. Opinion by Justice Brennan concurring in the opinion of the Court with whom Justice Marshall and Justice Blackmun join. Concur- ring statement by Justice Brennan, Justice White, Justice Marshall, and Justice Blackmun. Concurring opinion by Justice Rehnquist. Dis- senting opinion by the Chief Justice.

No. 80-1045. Jacksonville Bulk Terminals, Inc., et al., Petitioners v.

International Longshoremen's Association, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Marshall. Opinion by Justice O'Connor concurring in the judgment. Dissenting opinion by the Chief Justice with whom Justice Powell joins. Dissenting opinion by Justice Powell. Dissenting statement by Justice Stevens.

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) FRIDAY, JUNE 25, 1982 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.

Opinions

No. 80-1290. William P. Clements, Jr., Governor of the State of

Texas, et al., Appellants v. John L. Fashing, et al. Appeal from 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. Justice Rehnquist delivered the opinion of the Court with respect to Parts I, II, and V, and delivered an opinion with respect to Parts III and IV, in which the Chief Justice, Justice Powell, and Justice O'Connor join. Opinion by Justice Stevens concurring in part and concurring in the judgment. Dis- senting opinion by Justice Brennan with whom Justice Marshall and

Justice Blackmun join, and with whom Justice White joins as to Part I. No. 80-1952. Barbara Blum, Commissioner of the New York State Department of Social Services, et al., Petitioners v. William Yaretsky, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Opinion by Justice White concurring in the judgment in this case and in No. 80-2102, Rendell-Baker v. Kohn, post. Dissenting opinion by Justice Brennan with whom Justice Marshall joins.

No. 80-1730. Giles M. Lugar, Petitioner v. Edmondson Oil Company, Inc. and Ronald L. Barbour. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed in part and affirmed 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. Dissenting opinion by the Chief Justice. Dissenting opinion by Justice Powell with whom Justice Rehnquist and Justice O'Con- nor join. No. 80-2043. Board of Education, Island Trees Union Free School

District No. 26, et al. ,* Petitioners v. Steven A. Pico, by his next friend, Frances Pico, et al. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed and judgment shall 758 FRIDAY, JUNE 25, 1982 issue forthwith. Justice Brennan announced the judgment of the Court, and delivered an opinion in which Justice Marshall and Justice Stevens join, and in which Justice Blackmun joins except for Part II-A-(1). Opinion by Justice Blackmun concurring in part and concurring in the judgment. Opinion by Justice White concurring in the judgment. Dis- senting opinion by the Chief Justice with whom Justice Powell, Justice Rehnquist, and Justice O'Connor join. Dissenting opinion by Justice Powell. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice Powell join. Dissenting opinion by Justice O'Connor.

No. 80-2102. Sheila Rendell-Baker, et al., Petitioners v. Sandra Kohn, et al. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Chief Justice Bur- ger. Opinion by Justice White concurring in the judgment in this case and in No. 80-1952, Blum v. Yaretsky, ante. Dissenting opinion by Jus- tice Marshall with whom Justice Brennan joins.

Adjourned until Tuesday, June 29, 1982 at 10 o'clock. x (JOURNAL) MONDAY, JUNE 28, 1982 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. 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. 81-593. Michigan, Petitioner v. Lamont Charles Thomas. On petition for writ of certiorari to the Court of Appeals of Michigan. The motion of respondent for leave to proceed in forma pauperis is granted.

The petition for writ of certiorari is granted. Judgment reversed and case remanded to Court of Appeals for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Justice Bren- nan and Justice Marshall would grant the petition for a writ of certiorari and set the case for oral argument.

No. 81-1144. United States, Petitioner v. Hollywood Motor Car

Company, Inc., et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari 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 opinion by Justice Blackmun with whom Justice Brennan and Justice Marshall join.

Appeals—Summary Disposition

No. 81-634. Sharon Steel Corporation and Summit Systems, Inc.,

Appellants v. Insurance Commissioner of New Hampshire and Nashua Corporation. Appeal from the Supreme Court of New Hampshire. The judgment is vacated and the case is remanded to the Supreme Court of

New Hampshire for further consideration in light of Edgar v. Mite Corp., 457 U.S. (1982).

No. 81-2062. New York Shipping Association, Inc., et al, Appellants v. Waterfront Commission of New York Harbor. Appeal from the

Court of Appeals of New York. The appeal is dismissed for want of a substantial federal question. 760 MONDAY, JUNE 28, 1982

Certiorari—Summary Disposition

No. 80-1699. Dr. Ingre Rudolph Plante, Commissioner of Institu- tions and Agencies, et al., Petitioners v. Allen Bodine Scott, etc. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The motion of American Psychiatric Association for leave to file a brief as amicus curiae is granted. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Youngberg v. Romeo, 457 U.S. (1982).

No. 80-6397. Richard Graham, Petitioner v. New York. On petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department. 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 Ap- pellate Division, Supreme Court of New York, Third Judicial Depart- ment, for further consideration in light of United States v. Johnson, 457 U.S. (1982).

No. 80-6758. Brian Miller, Petitioner v. New York. On petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department. 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 Ap- pellate Division, Supreme Court of New York, Fourth Judicial Depart- ment, for further consideration in light of United States v. Johnson, 457 U.S. (1982). No. 81-261. Lawrence R. Meachum and Fred Butterworth, Petition- ers v. Norman L. Longval. On petition for writ of certiorari to the United States Court of Appeals for the First 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 First Circuit for further consideration in light of United States v. Goodwin, 457 U.S. (1982).

No. 81-835. Iron Arrow Honor Society, etc., Petitioner v. Richard S. Schweiker, Secretary, Department of Health and Human Services, et al. On petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of North Haven Board of Education v. Bell, 456 U.S. (1982). Jus- tice Brennan, Justice White, Justice Marshall and Justice Blackmun dissent. MONDAY, JUNE 28, 1982 761

No. 81-1134. John Ashcroft, Attorney General of Missouri, Peti- tioner v. National Organization for Women, Inc. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Nixon v. Fitzgerald,

457 U.S. , (1982) (Slip opinion pages 9-11).

No. 81-1580. Nick Sanborn and John D. Barkeloo, Petitioners v. Dennis M. Wolfel. 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 Harlow v. Fitzgerald, 457 U.S. (1982). See

Butz v. Economou, 438 U.S. 478, 504 (1978) (deeming it "untenable to draw a distinction for purposes of immunity law between suits brought against state officials under Sec. 1983 and suits brought directly under the Constitution against federal officials").

No. 81-5871. Kenneth Ford, Petitioner v. Kentucky. On petition for writ of certiorari to the Supreme Court of Kentucky. The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Kentucky for further consideration in light of United States v. Johnson, 457 U.S. (1982).

No. 81-6225. Charles Gilmore, Petitioner v. Pennsylvania. On petition for writ of certiorari to the Supreme Court of Pennsylvania, East- ern 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 Supreme Court of Pennsylvania, Eastern District, for further consideration in light of United States v. Johnson, 457 U.S. (1982).

Orders in Pending Cases

No. 72, Original. State of South Dakota, Plaintiff v. State of Ne- braska. The Report of the Special Master is received and ordered filed. Decree entered pursuant to parties' Stipulations and Findings. Each party shall bear its own costs. No. A-1041. Monex International Ltd. and First National Monetary Corporation, Applicants v. Commodity Futures Trading Commission, et al. The application for stay addressed to Justice Rehnquist and referred to the Court is denied. Justice Rehnquist took no part in the consideration or decision of this application. 762 MONDAY, JUNE 28, 1982

No. A-1075. American Laundry Press Co., et al., Applicants v. OK NYO Rexrode. The application for stay addressed to Justice Blackmun and referred to the Court is denied.

No. 81-185. Chris Simopoulos, Appellant v. Virginia. The motion of Legal Defense Fund for Unborn Children for leave to file a brief as amicus curiae is granted. The motion of Alan Ernest to represent children unborn and born alive is denied. No. 81-1255. Planned Parenthood Association of Kansas City, Mis- souri, Inc., et at., Petitioners v. John Ashcroft, Attorney General Mis- souri, et al.; and

No. 81-1623. John Ashcroft, Attorney General of Missouri, et al., Pe- titioners v. Planned Parenthood Association of Kansas City, Missouri, Inc., et al. The motion of Legal Defense Fund for Unborn Children for leave to file a brief as amicus curiae is granted. The motion of Alan

Ernest to represent children unborn and born alive is denied.

No. 81-746. City of Akron, Petitioner v. Akron Center for Reproduc- tive Health, Inc., et al.; and

No. 81-1172. Akron Center for Reproductive Health, Inc., et al., Pe- titioners v. City of Akron, et al. The motion of Alan Ernest to represent children unborn and born alive is denied.

No. 81-1095. John Paul Morris, Warden, Petitioner v. Joseph D. Slappy. The motion of National Legal Aid and Defender Association for leave to participate in oral argument as amicus curiae and for additional time for oral argument is denied.

No. 81-1114. Illinois, Petitioner v. Abbott & Associates, Inc., et al. The motion of the Solicitor General for divided argument is granted.

No. 81-1686. James G. Watt, Secretary of the Interior, et al., Peti- tioners v. Western Nuclear, Inc. The motion of the parties to dispense with printing the joint appendix is granted.

No. 81-6915. Oscar E. Weigang, Jr., Petitioner v. William French Smith, Attorney General of the United States; and

No. 81-6916. In re Oscar Weigang, Jr., Petitioner. The application for an injunction addressed to Justice Brennan and referred to the Court is denied.

Certiorari Granted

No. 81-469. William C. Bush, Petitioner v. William R. Lucas. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. MONDAY, JUNE 28, 1982 763

No. 81-1314. W. R. Grace and Company, Petitioner v. Local Union 759, International Union of the United Rubber, Cork, Linoleum and Plastic Workers of America. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted.

No. 81-1998. Price Waterhouse, Petitioner v. Zelda L. Panzirer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit 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 Confer- ence of Chief Justices 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 granted.

No. 81-6633. Danny R. Bearden, Petitioner v. Georgia. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Court of Appeals of Georgia granted.

Certiorari Denied

No. 80-1058. Hampton Roads Shipping Association, et al. , Petition- ers v. International Longshoremen's Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

No. 80-1501. Dorothy Hope Sullivan, et al., Petitioners v. First Ten- nessee Bank N.A. Memphis, et al.; and

No. 80-1528. Louise Crum Smith, et al. , Petitioners v. First Tennes- see Bank N.A. Memphis, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 80-6609. Robert Wilkerson, Petitioner v. Frank C. Blackburn, Warden. Petition for writ of certiorari to the Supreme Court of Louisi- ana denied.

No. 81-585. Hondo Boats, Inc., Petitioner v. Mary McCraine, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

No. 81-806. Robert B. Lord, et al., Petitioners v. Local Union No. 2088, International Brotherhood of Electrical Workers, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1526. Marc Feldman, Petitioner v. District of Columbia Court of Appeals, et al.; and

No. 81-1537. Edward J. Hickey, Jr., Petitioner v. District of Colum- 764 MONDAY, JUNE 28, 1982 bia Court of Appeals, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

No. 81-1674. Alabama, Petitioner v. Jesse E. Graddick. Petition for writ of certiorari to the Supreme Court of Alabama denied.

No. 81-1689. Roy Huey, etc., Petitioner v. Teledyne, Inc., et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-1803. City of Stamford, Petitioner v. Theodore leva, et al.; and

No. 81-2056. Theodore leva, Petitioner v. City of Stamford, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-1818. Burke E. Casari, etc., et al., Petitioners v. First Fed- eral Savings and Loan Association of Lincoln. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-1908. Richard Rheaume, Petitioner v. Robert Saffell. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-1940. Arthur Young & Company, Petitioner v. Roger L. Summer, et al.;

No. 81-2001. Raymond, James & Associates, Inc., Petitioner v. Roger L. Summer, et al.; and

No. 81-2060. Land & Leisure, Inc., et al., Petitioners v. Roger L. Summer, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-1973. William L. Irwin, Petitioner v. Montgomery County,

Maryland, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 81-1980. Arthur Treacher's Fish & Chips, Inc. and Mrs. Paul's Kitchens, Inc., Petitioners v. Kenneth L. Horstmyer and Madeleine S. Horstmyer. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-1989. Andrew Franklin Wilson, Petitioner v. Barbara S. Wil- son. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

No. 81-1990. Egon Oppenheim, et al., Petitioners v. Jacques Moreau,

et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. MONDAY, JUNE 28, 1982 765

No. 81-1993. Richard E. Capps, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 81-2007. District Court in and for the Seventeenth Judicial Dis- trict of the State of Colorado, et al., Petitioners v. Galen Marks, et al. Petition for writ of certiorari to the Supreme Court of Colorado denied.

No. 81-2010. Lillian Wilder, Petitioner v. Gilman Paper Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-2011. Zelda L. Panzirer, Petitioner v. Emanuel L. Wolf, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-2013. Donald Edgar Johnson, Petitioner v. Carl Alfred John- son, Sr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-2016. John Ruppel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 81-2021. Thomas Fannon and William Jeffrey Edwards, Peti- tioners v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida,First District, denied.

No. 81-2024. Virginia Catherine Wiesen, Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied.

No. 81-2031. Williams Enterprises, Inc., Petitioner v. Binkley Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

No. 81-2033. ABC Containerline, N.V., et al, Petitioners v. Kings- ton Shipping Co. , Inc. , et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 81-2045. Olivia Niemi, a minor by and through her guardian ad litem, Valeria Pope Niemi, Petitioner v. National Broadcasting Com- pany, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

No. 81-2053. McGraw-Edison Company, Petitioner v. Charles L. Sikes and Arnold T. Sikes. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

No. 81-2063. Albert Lee Scott, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

No. 81-2091. Roy D. Wilt, Sr., et al., Petitioners v. Aetna Insurance Company. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. 766 MONDAY. JUNE 28. 1982

No. 81-2128. Leo Marinello, et al., Petitioners v. City of New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 81-2168. Advance Ross Electronics Corporation and Advance

Ross Corporation, Petitioners v. Roy Wesley Green, Jr., Trustee. Peti- tion for writ of certiorari to the Court of Appeals of Texas, Twelfth Su- preme Judicial District, denied.

No. 81-2172. Option Advisory Sendee, etc., Petitioner v. Board of

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

No. 81-2181. Wade S. Andrews, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-2194. Alton Bart Hood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-2204. Charles Goldfarb, et al.. Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the SLxth Circuit denied.

No. 81-5509. Clifford Cecil Norris, 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. 81-5725. Willie James Stevens, Petitioner v. New Mexico. Peti- tion for writ of certiorari to the Supreme Court of New Mexico denied.

No. 81-6093. Cornelia Thompson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-6386. Charles N. Gault, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6548. James L. Devine, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

No. 81-6631. Ernest Kelly. Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

No. 81-6654. Robert Michael Miller, Petitioner v. Daniel J. McCar- thy, Superintendent. California Men's Colony, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. MONDAY, JUNE 28, 1982 767

No. 81-6666. Chris N. Perry, Petitioner v. Alice Mae Perry. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-6677. James Romano, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of Cali- fornia, Los Angeles County, denied.

No. 81-6679. Kenneth Angelo Wedra, Petitioner v. Dale Thomas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6688. Anthony Hogan, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

No. 81-6690. Juan A. Villareal, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-6691. Abraham Sutain and Mildred Sutain, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6692. William Howell, Petitioner v. Vickie Steffey. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6694. James Glover-El, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

No. 81-6705. Charles Bryan Harris, Petitioner v. Vernon G. House- wright, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

No. 81-6732. Robert S. Reynolds, Petitioner v. Attorney General of the United States and United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-6743. Albert E. Smith, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

No. 81-6752. Walter Jackson, Petitioner v. Commissioner William D.

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

No. 81-6755. James Odell Miller, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. 768 MONDAY, JUNE 28, 1982

No. 81-6765. Julius Cecil Olson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

No. 81-6769. Lawrence Ingram, Petitioner v. Steve Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

No. 81-6780. Timothy Walter Stine, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6783. Anthony Pope, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6797. Richard Frank Adams, et al., Petitioners v. Joseph D. Howerton, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6803. George Snyder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sec- ond Circuit denied.

No. 81-6804. Richard Adrian Nebeker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

No. 81-6806. Richard Blair Rice, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

No. 81-6810. Nick Troy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

No. 81-6825. Ralph Quiros, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

No. 81-6845. Darrell Combs, 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. 81-6862. Elmo C. Tatum, Petitioner v. Burlington Northern Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

No. 81-879. United States, Petitioner v. Edward Devoe Gillespie. 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. MONDAY, JUNE 28, 1982 769

No. 81-1875. Walter Zant, Warden, Petitioner v. Ronald K. Spivey. 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. 81-2048. W. J. Estelle, Jr., Director, Texas Department of Cor- rections, Petitioner v. Mark Milton Moore. 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. 81-2041. James K. Spencer, etc., et al., Petitioners v. American Consulting Association, Inc. Petition for writ of certiorari to the Appel- late Court of Illinois, First District, denied. Justice Stevens took no part in the consideration or decision of this petition. No. 81-2097. Santa Anna Mariscal as next friend of Cesar Javier Mariscal, Petitioner v. John C. Johnson, Executor. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth Supreme Judi- cial District, denied. Justice White would grant certiorari.

No. 81-5783. Larry Frazier, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. Jus- tice Brennan, Justice Marshall and Justice Blackmun would grant certiorari.

No. 81-6340. Richard Lee Dawson, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. Justice Brennan, Justice Marshall and Justice Blackmun would grant certiorari.

No. 81-6629. Vladimir N. Etlin, Petitioner v. Charles Robb, Gover- nor of Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting opinion by Justice White, with whom Justice Brennan joins.

No. 81-6657. Daniel Joseph Baker, Petitioner v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center. Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied. Dissenting statement by Justice Brennan and Justice Marshall.

Habeas Corpus Denied

No. 81-6857. In Re Annette Guice, Petitioner. Petition for writ of habeas corpus denied. Mandamus Denied

No. 81-2156. In Re Harrison Herman Holland, Jr., et al., Petitioners; No. 81-6771. In Re Chester Kulwiec, Petitioner; and 770 MONDAY, JUNE 28, 1982

No. 81-6873. In Re Malik Rahmaan Shabazz, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 79-6584. In the Matter of Sheryl Ann Trapp, etc., Appellant; No. 81-155. Board of Trustees of Institutions of Higher Education, et al., Petitioners v. Mississippi Council on Human Relations, et al.;

No. 81-1796. Billy Thomas Coward, Petitioner v. United States;

No. 81-1814. Lake Carriers' Association, et al., Appellants v. Frank J. Kelley, Attorney General of Michigan, et al.;

No. 81-5379. Henry Perry Sireci, Petitioner v. Florida;

No. 81-5562. Fred Marion Gilreath, Jr., Petitioner v. Georgia;

No. 81-5944. Charles Dwight Messer, Petitioner v. Florida;

No. 81-6285. Stanley Welton Mathis, Petitioner v. United States;

No. 81-6371. Alex Melvin Wade, Jr., Petitioner v. United States;

No. 81-6393. Omar Ben Ahmed, Petitioner v. Frederick Eikeren- koetter;

No. 81-6440. Hardy L. Paschal, Petitioner v. Florida Department of Labor and Employment Security, Division of Employment Security, et al.;

No. 81-6466. James A. Wright, Petitioner v. George N. Leighton, Judge, United States District Court for the Northern District of Indiana;

No. 81-6482. Richard Miles Chaney, Petitioner v. Warden, Maryland Penitentiary;

No. 81-6495. Marie Smith Thompson, Petitioner v. Charles Morrow, et al.;

No. 81-6564. William R. Cook, Petitioner v. United States;

No. 81-6599. Paul Lawrence Montgomery, Petitioner v. United States; and

No. 81-6667. Chester Wheeler Campbell, Petitioner v. Benjamin

Civiletti, et al. Petitions for rehearing denied.

No. 79-5932. John Doe, et al, Petitioners v. Delaware. The motion for leave to file a second petition for rehearing is denied. No. 80-1765. American Society of Mechanical Engineers, Inc., Peti- tioner v. Hydrolevel Corporation. The motion of American Association of Engineering Societies, Inc. for leave to file a brief as amicus curiae is denied. The petition for rehearing is denied. MONDAY, JUNE 28, 1982 771 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 Ninth Circuit for the period September 13, 1982 to Sep- tember 17, 1982, 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

Arthur Addess Miami, FL Mildred Smith Brown Clifford Houlton Anderson San Francisco, CA Michael Dennis Stevenson Joel M. Androphy Houston, TX Calvin Botley D. Gilbert Athay Salt Lake City, Ronald J. Yengich UT June Lucille Cameron Jacksonville, FL Robert E. Jagger Blackburn Jeffrey S. Blum Pittsburgh, PA John Henry Bingler Wm. Kent Brandon Carbondale, IL Charles Edward Schmidt David Eugene Brown Sacramento, CA James Lenere Long David H. Burstyn Miami, FL Gary H. Kornik Frederick Samuel Byrer Charleston, WV Harry Lambright Snyder John William Carney San Diego, CA Daniel Joseph Kremer William Douglas Carrell Hiram, OH Seabury Hurd Ford Michael J. Casey Spokane, WA D. Roger Reed Marguerite Chapman Quitman, AR S. Leigh Curry Jr. Robert Charles Clark Vero Beach, FL Norman Miller Steven L. Clark Chicago, IL Alan D. Goldberg William Taylor Coleman Jr. Dallas, TX Jack Lee Blachly Harold E. Collins * Chicago, IL William J. Stevens James Edward Conatser Bartlesville, OK Denzil D. Garrison William Taylor Coleman Jr. Dallas, TX Jack Lee Blachly 772 MONDAY, JUNE 28, 1982

Applicant City and State Movant

Harold E. Collins Chicago, IL William J. Stevens James Edward Conatser Bartlesville, OK Denzil D. Garrison James Stephen Conatser Bartlesville, OK Denzil D. Garrison Dale Robert Crider Chicago, IL George William McBurney Shanler Del Cronk Lincoln, NB Melvin Kent Kammerlohr James B. Davidson Chicago, IL Joseph J. Hasman Terrance R. Duncan Monterey, CA Harkjoon Paik Ruud Land DuVall Washington, DC Gregory Hayes Swanson John Stephen Ebel Seattle, WA William L. Dwyer John Thomas Farmer Tustin, CA Paul J. Cooksey Joel Stephen Fass North Miami, FL Martin David Kahn W. Michael Fay Chicago, IL William M. Fay Edith UdeU Fierst Washington, DC Herbert A. Fierst Jeffrey H. Fisher Maiden, MA David J. Sargent Leonard T. Flynn Champaign, IL John L. Franklin Michael J. Freed Chicago, IL Lawrence H. Eiger James E. Gallagher San Francisco, CA John Jude O'Donnell Stephen T. Gannon Richmond, VA Douglas Whitfield Davis John P. Giesa Spokane, WA D. Roger Reed N. Richard Glassman Memphis, TN Michael C. Williams Joseph Goldberg Alexandria, VA William James Stone Richard Ira Goldman Springfield, MA Eugene Bruce Berman Alexander Hansen Good Los Angeles, CA William H. Coldiron Brenda Joyce Goodman New York, NY Hugh F. Fitzgerald George Morton Googe Jackson, TN Hughie Ragan Marcia Ann Cain Graham Washington, DC James Vincent Carroll III T

MONDAY, JUNE 28, 1982 773

Applicant City and State Movant

Albert L. Grasso Chicago, IL Lawrence TT 1 /V» Kasakoii Neil David Greenstein Milwaukee, WI Martin R. Greenstein A 1 ATT Janice Gui Akron, OH J. Dean Cairo T"» l T~\ 1 Wilmer C. Haley Waco, TX Pat Beard Henry Bennett Handler Boca Raton, FL Peter S. Sachs

A 1 CI TT tt j mv TT J.1 1 17111 Andrew S. Hanen Houston, TX Kathleen Ellen FenwickTT" • 1 Jere G. Hayes Dallas, IX Thomas Wayne KendallTT 1 11 it/r *i tt n T A 1 /""I A Marilyn Holle Los Angeles, CA Stuart Prentiss HermanTT

/-^l • f*t TT 1 TT i? XT i 1 T 'ill T* 1 Clifton Howard Hoofman North Little Rock, John Biscoe ARA T» BmghamT"» • 1 Richard Laurence Huber Columbia, MO John W. Ihyden 74/T 1 TIT TT J T"» '1 TXT TTT'll* /""I Mark W. Hunter Brazil, IN Wilham Gene Brown

T 1 'II T71 TIT'lT TT A J James Thomas Royster Jacksonville, FL William H. Adams TTT Jones 111

XT TT TT *J_ /^i 1 T*» • 1 lUTT T"» 1 1 CI m 1 TTT Norman K. Kravitz Grand Rapids, MI Ralph S. Tyler III Herman Lewis Lawson Mansfield, LA David Austin Rothell

TTl . TT TTr„l Frank M. Lesher New York, NY Liroy1 „ „ , H. Woiii Ti If 1 Tt T ' Mark R. Lewis St. Petersburg, Stephen Claude FL Chumbris

T*» 11 TT 1 1 T 1 • i t • Ti it r\ T 1 TTT T 1* 1 Bradley Harold Lockenvitz Linn, MO John W. Inghsh

T*» 1 TV T i TT J_ • _1_ T"» 1 1 T 1 Paul D. Loreto Huntington Ronald John Beach,T» 1 CAf*\ A Rakowsky T • XT* Alan E. Mansfield New York, NY Louis Nizer Robert S. Markfield New York, NY Leon Quat Maureen rjiizaoetn Mcuiam San Francisco, CA George J. Tichy II Catherine Marie Tucson, AZ Raymond F. McCracken Hayes HJM Melaro Arlington, VA Leo Robnette Andrews Jr. David R. Melton Chicago, IL Richard Leslie Horn 774 MONDAY, JUNE 28, 1982

Applicant City and State Movant

Gregory Scott Mertz New York, NY Joseph L. Mitchell John F. Mills Garden City, NY Albert L. Bases H. Dixon Montague Houston, TX Frank Russell Kendall John J. Mullane Jr. San Francisco, CA George A. Blackstone Philip S. Neal Washington, DC Numa L. Smith Jr. Charles L. Palmer Champaign, IL John L. Franklin Douglas Keith Patton Oakland, CA Raymond D. Louie Samuel A. Perroni Little Rock, AR William R. Wilson Jr. Louise Antoinette Perrotta Lindenhurst, NY Gerald Joseph Callahan Larry S. Pozner Denver, CO John Lawrence Kane Jr. Thomas P. Puccio Brooklyn, NY Edward Robert Korman Vannessa Ramirez-Kausz San Juan, PR Alberto Santiago Villalonga Michael J. Rieley Helena, MT Terry B. Cosgrove Joseph F. Roda Lancaster, PA Harold E. Kohn George L Rogers Huntington Clyde R. Maxwell Beach, CA Jr. Robert C. Rogers Jr. Ft. Lauderdale, R. H. Hitchcock FL Kenneth Philip Ross Chicago, IL Abraham L. Marovitz Richard A. Rothschild Los Angeles, CA Mary S. Burdick Edward M. Ruckert Washington, DC Robert H. Myers Jr. Charles Angelo Schiano Rochester, NY Henry L. Jesserer III Gary John Schoof La Porte, IN Anna Markley Bush Alan G. Segedy Akron, OH Donald Richard Miller MONDAY, JUNE 28, 1982 775

Applicant City and State Movant

Robert E. Shadoin Ruston, LA E. Joseph Bleich Warren Edward Sheldrake Irvington-On- Joel Bernstein Hudson, NY Edward Peter Sheridan Lansing, IL Thomas J. Downs LeRoy George Siddell El Centro, CA Barton C. Sheela Jr. H. Vance Smith Tampa, FL Charles William Pittman Chester Leonard Smith Jr. Des Moines, IA Joseph G. Van Winkle Theodore Seth Steingut New York, NY Peter R. Stern James Roger Strawn Canton, OH Loren Eaton Souers Susan B. Tabler Indianapolis, IN Harry T. Ice Ivan Michael Tucker Cleveland, OH James Gordon Joseph Janice Marie Urbanic Phoenix, AZ Elizabeth Jane Stewart Warren Vazquez-Sanabria San Juan, PR Daniel E. Lopez Pritchard John Christian Wagner Memphis, TN Edgar A. Smith Terry Dale Weber Louisville, KY Howard Browning Hunt Sr. Robert A. Weiner New York, NY Peter R. Stern Michael S. Wilk Houston, TX Joseph Eugene Clements Edward Churchill Wilson Chicago, IL John William Adler Jr. David Paul Wolds San Diego, CA Richard P. Donaldson John Joseph Wolfe Dallas, TX Thomas Wayne Kendall William Taylor Wuliger Cleveland, OH Jay B. White Bruce Zagaris Washington, DC Henry A. Berliner Jr. MONDAY, JUNE 28, 1982 776

Opinions

No. 81-300. Ford Motor Company, Petitioner v. Equal Employment Opportunity Commission. 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 O'Connor. Dissenting opinion by Justice Blackmun with whom Justice Brennan and Justice Marshall join. No. 80-1002. Board of Education of the Hendrick Hudson Central School District, Westchester County, et al., Petitioners v. Amy Row- ley, by her Parents and Natural Guardians, Clifford and Nancy Row- ley, etc. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Opinion by Justice Blackmun concurring in the judgment. Dissenting opinion by Justice White with whom Justice Brennan and Justice Marshall join.

No. 81-750. Fidelity Federal Savings and Loan Association, et al.,

Appellants v. Reginald D. de la Cuesta, et al. Appeal from the Court of Appeal of California, Fourth Appellate District. Judgment reversed and case remanded to the Court of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Black- mun. Concurring opinion by Justice O'Connor. Dissenting opinion by Justice Rehnquist with whom Justice Stevens joins. Justice Powell took no part in the consideration or decision of this case.

No. 80-2178. John S. Toll, President, University of Maryland, et al., Petitioners v. Juan Carlos Moreno, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice Brennan. Concurring opinion by Justice Blackmun. Opinion by Justice O'Connor concurring in part and dissenting in part. Dissenting opinion by Justice Rehnquist with whom the Chief Justice joins.

No. 81-389. Union Labor Life Insurance Company, Petitioner v. A. Alexander Pireno; and

No. 81-390. New York State Chiropractic Association, Petitioner v. A. Alexander Pireno. On writs of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Jus- tice Brennan. Dissenting opinion by Justice Rehnquist with whom the Chief Justice and Justice O'Connor join. MONDAY, JUNE 28, 1982 777

No. 81-150. Northern Pipeline Construction Co., Appellant v. Mara- thon Pipe Line Company and United States; and

No. 81-546. United States, Appellant v. Marathon Pipe Line Co., et al. Appeals from the United States District Court for the District of Minnesota. Judgment affirmed. However, the judgment of this Court is stayed until October 4, 1982. This limited stay will afford Congress an opportunity to reconstitute the bankruptcy courts or to adopt other valid means of adjudication, without impairing the interim administration of the bankruptcy laws. Justice Brennan announced the judgment of the Court and delivered an opinion in which Justice Marshall, Justice Blackmun, and Justice Stevens join. Opinion by Justice Rehnquist concurring in the judgment with whom Justice O'Connor joins. Dissenting opinion by the Chief Justice. Dissenting opinion by Justice White with whom the Chief Justice and Justice Powell join.

Admissions to the Bar on Oral Motions

Applicant City and State Movant

Ruth Van Roekel McGregor Phoenix, AZ John J. O'Connor, III Darwin E. Johnson Kansas City, MO Jan Horbaly

Adjourned until tomorrow at 10 o'clock. x

(JOURNAL) TUESDAY, JUNE 29, 1982 779 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice White, Justice Marshall, Jus- tice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 81-280. General Building Contractors Association, Inc., Peti- tioner v. Pennsylvania, et al.;

No. 81-330. United Engineers & Constructors, Inc., Petitioner v. Pennsylvania, et al.; No. 81-331. Contractors Association of Eastern Pennsylvania and

United Contractors Association, Petitioners v. Pennsylvania, et al.;

No. 81-332. Glasgow, Inc., Petitioner v. Pennsylvania, et al.; and

No. 81-333. Bechtel Power Corporation, Petitioner v. Pennsylvania, et al. On writs of certiorari to the United States Court of Appeals for the Third 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. Concurring opinion by Justice O'Connor with whom Justice Blackmun joins. Opinion by Justice Ste- vens concurring in part and concurring in the judgment. Dissenting opinion by Justice Marshall with whom Justice Brennan joins.

No. 80-2015. ASARCO Incorporated, etc., Appellant v. Idaho State Tax Commission. Appeal from the Supreme Court of Idaho. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Powell. Opinion by the Chief Justice concurring in this opinion and in No. 80-1745, F. W. Woolworth Co. v. Taxation and Revenue Depart- ment ofNew Mexico, post. Dissenting opinion by Justice O'Connor with whom Justice Blackmun and Justice Rehnquist join.

No. 80-1745. F. W. Woolworth, Co., Appellant v. Taxation and Rev- enue Department of the State of New Mexico. Appeal from the Su- preme Court of New Mexico. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Powell. Opinion by the Chief Justice concurring in this case and in No. 80-2015, ASARCO Inc. v. Idaho State Tax Commn., ante. Dissenting opinion by Justice O'Con- nor with whom Justice Blackmun and Justice Rehnquist join. 780 TUESDAY, JUNE 29, 1982

No. 80-2116. William Archie Williams, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Opinion by Justice Blackmun. Dissenting opinion by Justice White with whom Justice Brennan joins. Dissenting opinion by Justice Marshall with whom the Chief Justice, Justice Brennan, and Justice White join.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) WEDNESDAY, JUNE 30, 1982 781 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice White, Justice Marshall, Jus- tice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Opinions

No. 81-614. Danny L. Griffin, Petitioner v. Oceanic Contractors, Inc. 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 Rehnquist. Dissenting opinion by Justice Stevens with whom Justice Blackmun joins.

No. 80-2177. Marjorie Lehman, etc., Petitioner v. Lycoming County Children's Services Agency. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Powell. Dissenting opinion by Justice Blackmun with whom Jus- tice Brennan and Justice Marshall join.

No. 81-38. Mary Ellen Crawford, a minor, etc., et al., Petitioners v.

Board of Education of the City of Los Angeles, et al. On writ of certiorari to the Court of Appeal of California, Second Appellate District. Judgment affirmed. Opinion by Justice Powell. Concurring opinion by Justice Blackmun with whom Justice Brennan joins. Dissenting opinion by Justice Marshall.

No. 81-9. Washington, et al., Appellants v. Seattle School District

No. 1, et al. Appeal from the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Blackmun. Dis- senting opinion by Justice Powell with whom the Chief Justice, Justice Rehnquist, and Justice O'Connor join.

No. 81-244. Jean Loretto, on behalf of herself and all others similarly situated, Appellant v. Teleprompter Manhattan CATV Corp., 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. Opinion by Justice Marshall. Dissenting opinion by Justice Blackmun with whom Justice Brennan and Justice White join.

No. 80-1074. Richard W. Velde, et al., Petitioners v. National Black

Police Association, Inc. , et al. On writ of certiorari to the United States 782 WEDNESDAY. JUNE 30. 1982

Court of Appeals for the District of Columbia Circuit. Judgment vacated and case remanded to the Court of Appeals for further consideration in light of Harlow v. Fitzgerald, 457 U.S. (1982). Opinion per curiam and announced by the Chief Justice. Justice Powell and Jus- tice Stevens took no part in the consideration or decision of this case.

Adjourned until tomorrow7 at 10 o'clock. x (JOURNAL) THURSDAY, JULY 1, 1982 783 SUPREME COURT OF THE UNITED STATES

Present: Justice White, Justice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor. Justice White said: "The Chief Justice is away attending the Judicial Conference of the Fourth Circuit, which is now in progress. In his absence, I am authorized to say that after the announcement of the five opinions to be handed down today, we anticipate that tomorrow the Court will announce all the remaining opinions now scheduled to be announced during the October 1981 Term of the Court."

Opinions

No. 81-406. Mississippi University for Women, et al. , Petitioners v. Joe Hogan. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment afnrmed. Opinion by Justice O'Connor. Dissenting opinion by the Chief Justice. Dissenting opinion by Justice Blackmun. Dissenting opinion by Justice Powell with whom Justice Rehnquist joins.

No. 80-1348. Florida Department of State, Petitioner v. Treasure Salvors, Inc., etc. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed in part and reversed in part and case remanded to the Court of Appeals for further proceedings in conformity with the opinion of this Court. Justice Stevens announced the judgment of the Court and delivered an opinion in which the Chief Justice, Justice Marshall, and Justice Blackmun join. Opinion by Justice Brennan concurring in the judgment in part and dissenting in part. Opinion by Justice White concurring in the judgment in part and dissenting in part with whom Justice Powell, Justice Rehnquist, and Justice O'Connor join. No. 80-1012. Baxter Rice, Director, Department of Alcoholic Bever- age Control of California, Petitioner v. Norman Williams Company, et al.;

No. 80-1030. Bohemian Distributing Company, Petitioner v. Norman

Williams Company, et al.; and

No. 80-1052. Wine & Spirits Wholesalers of California, Petitioner v. Norman Williams Company, et al. On writs of certiorari to the Court of Appeal of California, Third Appellate District. Judgment reversed and cases remanded to the Court of Appeal for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Rehnquist. Opinion by Justice Stevens concurring in the judgment with whom Jus- tice White joins. 784 THURSDAY. JULY 1, 1982

No. 80-1305. Alfred L. Snapp & Son, Inc., et al., Petitioners v. Puerto Rico, ex rel. Pedro Barez, Secretary of Labor and Human Re- sources. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice White. Con- curring opinion by Justice Brennan with whom Justice Marshall, Jus- tice Blackmun, and Justice Stevens join. Justice Powell did not participate in the decision of this case.

No. 80-2100. Quentin Rogers, et al., Appellants v. Herman Lodge, et al. Appeal from the United States Court of Appeals for the Fifth Cir- cuit. Judgment affirmed. Opinion by Justice White. Dissenting opinion by Justice Powell with whom Justice Rehnquist joins. Dissenting opinion by Justice Stevens.

Adjourned until tomorrow at 10 o'clock. x (JOURNAL) MONDAY, JULY 2, 1982 785 SUPREME COURT OF THE UNITED STATES

Present: Justice White, Justice Marshall, Justice Blackmun, Justice Rehnquist, Justice Stevens, and Justice O'Connor. Justice White said: "Today's orders of the Court have been certified by me, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 81-1577. Board of Education of Rogers, Arkansas, et al., Peti- tioners v. Pete McCluskey, by his next friend, Sally McCluskey. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The petition for writ of certiorari is granted. 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 opinion by Justice Stevens with whom Justice Brennan and Justice Marshall join.

Appeals—Summary Disposition

No. 81-922. Pan American Saving & Loan Association, et al., Appel- lants v. Stanley E. Panko and George L. Sinclair. Appeal from the Court of Appeal of California, First Appellate District. The judgment is vacated and the case is remanded to the Court of Appeal of California, First Appellate District, for further consideration in light of Fidelity Federal Savings & Loan Association v. de la Cuesta, 458 U.S. (1982).

No. 81-992. Glendale Federal Savings and Loan Association, et al., Appellants v. Gary G. Hehir, et ux.; and No. 81-993. California Federal Savings and Loan Association, Appel- lant v. Nini Myrna Tan, et al.; and California Federal Savings and Loan

Association, Appellant v. William Romagnoli, et al. Appeals from the Court of Appeal of California, Fourth Appellate District. The judgment is vacated and the cases are remanded to the Court of Appeal of Califor- nia, Fourth Appellate District, for further consideration in light of Fidelity Federal Savings & Loan Association v. de la Cuesta, 458 U.S. (1982).

No. 81-1139. Glendale Federal Savings and Loan Association, et al., Appellants v. Dean L. Gross and Pedro Enriquez. Appeal from the Court of Appeal of California, Fourth Appellate District. The judgment 786 MONDAY, JULY 2, 1982 is vacated and the case is remanded to the Court of Appeal of Califor- nia, Fourth Appellate District, for further consideration in light of Fi- delity Federal Savings & Loan Association v. de la Cuesta, 458 U.S. (1982).

Certiorari—Summary Disposition

No. 80-1888. Dixie Herlong Chastain, Circuit Judge, etc., et al., Pe- titioners v. Hilary Davis, etc. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Lehman v. Lycoming County Chil- dren's Services, 458 U.S. (1982).

No. 81-471. United States, Petitioner v. Jose Enrique Marquez- Amaya. On petition for writ of certiorari to the United States Court of Appeals 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 for further consideration in light of United States v. Valenzuela-Bemal, 458 U.S. (1982). No. 81-596. Springdale School District No. 50 of Washington County, Petitioner v. Sherry Grace, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Board of Education of Hendrick Hudson Central School District v. Rowley, 458 U.S. (1982).

No. 81-774. George C. Moore, Petitioner v. Black Panther Party, et al.; and No. 81-1511. William French Smith, Attorney General of the United States, et al., Petitioners v. The Black Panther Party, et al. On petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia 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 District of Columbia Circuit with directions that it instruct the United States District Court for the District of Columbia to dismiss the complaint with prejudice. Justice Marshall would deny the petitions for writs of certiorari. Justice Powell and Justice Stevens took no part in the consideration or decision of these cases. MONDAY, JULY 2, 1982 787

No. 81-1860. J. P. Stevens & Co., Inc., Petitioner v. National Labor Relations Board, 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 Summit Valley Industries v. Local 112, United Brotherhood of Carpenters, 456 U.S. (1982).

No. 81-5534. John E. Rennie, et al., Petitioners v. Ann Klein, Com- missioner, Department of Human Services, et al. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The motion of petitioners for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Youngberg v. Romeo, 457 U.S. (1982).

Orders in Pending Cases

No. 88, Original. State of California, Plaintiff v. State of Texas, et al. The motion for issuance of a restraining order is denied without prejudice. Justice Brennan took no part in the consideration or decision of this motion.

No. 92, Original. State of Arkansas, Plaintiff v. State of Mississippi. It is ordered that Justice Paul C. Reardon (Retired) of Boston, Massa- chusetts, 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 allowances to him, 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. It is further ordered that if the position of Special Master in this case becomes vacant during a recess of the Court, the Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court herein.

No. 80-1832. Immigration and Naturalization Service, Appellant v.

Jagdish Rai Chadha, et al.;

No. 80-2170. United States House of Representatives, Petitioner v. Immigration and Naturalization Service, et al.; and 788 MONDAY, JULY 2, 1982

No. 80-2171. United States Senate, Petitioner v. Immigration and Naturalization Service, et al. These cases are restored to the calendar for reargument. Justice Brennan and Justice Blackmun dissent.

No. 81-1774. W. J. Estelle, Jr., Director, Texas Department of Cor- rections, Petitioner v. Charles Edwin Bullard. The motion for appointment of counsel is granted and it is ordered that Kenneth E. Houp, Jr., Esquire, of Austin, Texas, is appointed to serve as counsel for the respondent in this case. Justice Brennan took no part in the consideration or decision of this motion.

Certiorari Granted

No. 81-1675. Frank Rush, et al, Petitioners v. Kevin Rutledge. The petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit is granted limited to Question 2 presented by the petition.

No. 81-2150. Jim McNeff, Inc., Petitioner v. Frank L. Todd, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Certiorari Denied

No. 80-1906. Allied International, Inc., Petitioner v. International

Longshoremen's Association, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

No. 81-1192. Glendale Federal Savings and Loan Association, et al.,

Petitioners v. David H. Fox, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 81-1290. Robert G. Scanlon, Secretary of Education of the Com- monwealth of Pennsylvania, et al., Petitioners v. Amber Tokarcik, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

No. 81-1503. California, etc., Petitioner v. Glendale Federal Savings and Loan Association, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

No. 81-1744. Federal Home Loan Bank Board, Petitioner v. Gulf Federal Savings and Loan Association of Jefferson Parish. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. MONDAY, JULY 2, 1982 789

No. 81-361. Louis Bramkamp, et al., Petitioners v. Puerto Rico, et al. Petition 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. 81-465. James D. Porter, etc., et al., Petitioners v. Pennsylva- nia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Brennan took no part in the consideration or decision of this petition.

No. 81-1047. United States, Petitioner v. Michael Sher. The motion of respondent Michael Sher 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. 81-1692. W. J. Estelle, Jr., Director, Texas Department of Cor- rections, Petitioner v. Walter Von Burleson. 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. 81-1548. Natividad Vasquez, Petitioner v. McAllen Bag & Sup- ply Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Marshall would grant certiorari.

No. 81-1895. Bronze Shields, Inc., et al., Petitioners v. New Jersey Department of Civil Service, et al.; and Olivia C. Howard, et al., Peti- tioners v. New Jersey Department of Civil Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Marshall would grant certiorari.

No. 81-5578. James Brewer, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-5731. William Gibbs Hyman, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Dissenting statement by Justice Brennan and Justice Marshall.

No. 81-6606. Marvin Francois, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting statement by Justice Brennan and Justice Marshall.

Recess Order

The Court will take a recess from today until the first Monday in Oc- tober, 1982, at which time the October 1981 Term will adjourn. 790 MONDAY. JULY 2. 1982 Opinions

No. 81-202. National Association for the Advancement of Colored

People, et al., Petitioners v. Claiborne Hardware Company, et al. On writ of certiorari to the Supreme Court of Mississippi. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Stevens. Justice Rehnquist concurs in the result. Justice Marshall took no part in the consideration or decision of this case.

No. 81-613. Joy Sporhase and Delmer Moss, etc., Appellants v. Ne- braska, ex rel. Paul L. Douglas, Attorney General. Appeal from the Su- preme Court of Nebraska. Judgment reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Stevens. Dissenting opinion by Justice Rehnquist with whom Justice O'Connor joins.

No. 81-450. United States, Petitioner v. Ricardo Valenzuela-Bernal. 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 the further proceedings in conformity with the opinion of this Court. Opinion by Justice Rehnquist. Opinion by Justice Blackmun concurring in the judgment. Opinion by Justice O'Connor concurring in the judgment. Dissenting opinion by Justice Brennan with whom Jus- tice Marshall joins.

No. 80-2162. Ramah Navajo School Board, Inc., et al., Appellants v. Bureau of Revenue of New Mexico. Appeal from the Court of Appeals of New Mexico. 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. Dissenting opinion by Justice Rehnquist with whom Justice White and Justice Stevens join.

No. 81-55. New York, Petitioner v. Paul Ira Ferber. 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 White. Concuning opinion by Justice O'Connor. Opinion by Justice Brennan concurring in the judgment with wT hom Justice Marshall joins. Opinion by Justice Stevens concurring in the judgment. Justice Blackmun concurs in the result.

No. 81-5321. Earl Enmund, Petitioner v. Florida. On writ of certiorari to the Supreme Court of Florida. Judgment upholding the death penalty reversed and case remanded to the Supreme Court for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice White. Concuning opinion by Justice Brennan. Dissenting opinion by Justice O'Connor with wThom the Chief Justice, Justice Powell, and Justice Rehnquist join. MONDAY, JULY 2, 1982 791

Justice White 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 4 next. The Court will be in recess from today until the first Monday in Octo- ber, 1982, at which time the October 1981 Term of the Court will be adjourned. The October 1982 Term of the Court will begin as provided by statute on the first Monday in October."

(JOURNAL) THURSDAY, JULY 6, 1982 793 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Burger, Justice Brennan, Justice White, Jus- tice Marshlal, Justice Blackmun, Justice Powell, Justice Rehnquist, Justice Stevens, and Justice O'Connor.

Order in Pending Case

No. 92, Original. State of Arkansas, Plaintiff v. State of Mississippi. The motion for leave to file a counterclaim is referred to the Special Master.

(JOURNAL) TUESDAY. AUGUST 10, 1982 795 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 Stevens.

Order in Pending Case

No. A-147. James P. Mitchell, Warden and Gerald L. Baliles, Attor- ney General of Virginia, Applicants v. J. Gray Lawrence, Jr., individually and next friend acting on behalf of Frank Coppola. This matter came on before the Chief Justice as Circuit Justice for the Fourth Cir- cuit on the application of James P. Mitchell, Warden and Gerald L. Baliles, Attorney General of Virginia, and was referred by him to the Court. There being only four members of the Court available in Wash- ington, a conference call was arranged to include those outside Wash- ington except Justice O'Connor who was outside the United States. After consideration of the matters presented by the application of the petitioners, the application is granted and the stay entered by Circuit Judge John D. Butzner, Jr., of the United States Court of Appeals for the Fourth Circuit is hereby vacated. Justice Brennan and Justice Mar- shall would deny the application. Justice Stevens would call for a response from J. Gray Lawrence, Jr., the respondent above named. Jus- tice O'Connor took no part in the consideration or decision of this application.

(JOURNAL) THURSDAY, AUGUST 19, 1982 797 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 Stevens.

Order in Pending Case

No. A-169. Larry Kallenberger, Applicant v. Mary Estill Buchanan, Secretary of State, Colorado. The application for an injunction addressed to Justice Brennan and referred to the Court is denied. Justice Blackmun would grant the application. Justice Marshall would defer consideration of the application pending the filing of a response by the respondent. Justice O'Connor took no part in the consideration or decision of this application.

(JOURNAL) THURSDAY, SEPTEMBER 9, 1982 799 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. A-958. (OT 1981). Jessie D. McDonald, Applicant v. Lamar Al- exander, et al. The application for an injunction addressed to the Chief Justice and referred to the Court is denied.

No. A-1138. (OT 1981). Frederick B. Pfister, Applicant v. Delta Air

Lines, Inc., et al. The application for stay addressed to Justice White and referred to the Court is denied.

No. A-22. L. Frank Hale, Applicant v. United States. The application for stay addressed to Justice Brennan and referred to the Court is denied. No. D-261. In the Matter of Disbarment of Robert K. Hammersmith. Disbarment entered. No. D-266. In the Matter of Disbarment of Herman Feldman. Dis- barment entered. No. D-271. In the Matter of Disbarment of John M. .Wajert. Disbar- ment entered. No. D-272. In the Matter of Disbarment of Leonard Langkam. Dis- barment entered. No. D-277. In the Matter of Disbarment of Kenneth L. Boehm. Dis- barment entered.

No. D-278. In the Matter of Disbarment of Frank A. Paglianite. It is ordered that Frank A. Paglianite, of Pittston, 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-279. In the Matter of Disbarment of David Resnick. It is ordered that David Resnick, 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. 800 THURSDAY. SEPTEMBER 9. 1982

No. D-280. In the Matter of Disbarment of Julius Stern. It is ordered that Julius Stern, 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-281. In the Matter of Disbarment of Ira Jay Sands. It is ordered that Ira Jay Sands, 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-282. In the Matter of Disbarment of Michael Levine. It is ordered that Michael Levine, 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-283. In the Matter of Disbarment of Arthur G. Nadel. It is ordered that Arthur G. Nadel. 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-284. In the Matter of Disbarment of Gregg Lewis Fishman. It is ordered that Gregg Lewis Fishman. of Forest Hills, 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-285. In the Matter of Disbarment of George N. Gloeckner. It is ordered that George N. Gloeckner. 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-286. In the Matter of Disbarment of Floyd Norman Nadler. It is ordered that Floyd Norman Nadler, 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-287. In the Matter of Disbarment of Rodney S. Bonds. It is ordered that Rodney S. Bonds, 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. THURSDAY, SEPTEMBER 9, 1982 801

No. D-288. In the Matter of Disbarment of Sidney Z. Lieberman. It is ordered that Sidney Z. Lieberman, of McLean, Virginia, be suspended from the practice of law in this Court and that a rule issue, returnable wdthin forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-289. In the Matter of Disbarment of James A. Brisbois. It is ordered that James A. Brisbois, of Saginaw, Michigan, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring, him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-290. In the Matter of Disbarment of Demetri M. Spiro. It is ordered that Demetri M. Spiro, 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-291. In the Matter of Disbarment of Michael A. Sundock. It is ordered that Michael A. Sundock, of Oplika, 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-292. In the Matter of Disbarment of Robert Harold Fendler.

It is ordered that Robert Harold Fendler, 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. 80-1640. United States Nuclear Regulatory Commission, et al.,

Petitioners v. Steven Sholly, et al.; and

No. 80-1656. Metropolitan Edison Company, et al., Petitioners v.

People Against Nuclear Energy, et al. The motion of respondents for further deferral of oral argument is granted. No. 81-185. Chris Simopoulos, Appellant v. Virginia. The motion of National Organization for Women, et al., for leave to file a brief as amici curiae is granted. The motion of Committee for Abortion Rights and Against Sterilization Abuse, et al., for leave to file a brief as amici curiae is granted. The motion of Certain Law Professors for leave to file a brief as amici curiae is granted.

No. 81-334. Associated General Contractors of California, Inc. , Peti- tioner v. California State Council of Carpenters and Carpenters 46 Northern Counties Conference Board, et al. The motion of American Federation of Labor and Congress of Industrial Organizations for leave to file a supplemental brief as amicus curiae is granted. 802 THURSDAY, SEPTEMBER 9. 1982

No. 81-430. Illinois, Petitioner v. Lance Gates, et ux. The motion of respondents for divided argument is denied.

No. 81-523. Container Corporation of America, Appellant v. Fran- chise Tax Board. The motion of Union of Industries of the European Community for leave to file a brief as amicus curiae is granted. The motion of Committee on State Taxation of the Council of State Cham- bers of Commerce for leave to participate in oral argument as amicus curiae and for additional time for argument is denied. The motion of

Committee on Unitary Tax for leave to file a brief as amicus curiae is granted. Justice Stevens took no part in the consideration or decision of these motions. No. 81-680. Herman & MacLean, Petitioner v. Ralph E. Huddleston, et al.; and

No. 81-1076. Ralph E. Huddleston, et al., Petitioners v. Herman & MacLean, 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. 81-773. North Dakota, Appellant v. United States. The motion of National Wildlife Federation, et al. for leave to file a brief as amici curiae is granted. No. 81-897. Director, Office of Workers' Compensation Programs, United States Department of Labor, Petitioner v. Perini North River

Associates, et al. The motion of the Solicitor General for divided argument is denied. The motion of the Solicitor General to permit Richard G. Wilkins, Esquire, to present oral argument pro hac vice is granted.

No. 81-1003. Kevin H. White, etc., et al., Petitioners v. Massachu- setts Council of Construction Employers, Inc., et al. The motion of American Federation of Labor and Congress of Industrial Organiza- tions, et al.,for leave to file a brief as amici curiae is granted. No. 81-1251. Harry Connick, Individually and in his capacity as Dis- trict Attorney, etc., Petitioner v. Sheila Myers. The motion of National

Education Association, 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. No. 81-1489. Xerox Corporation, Appellant v. County of Harris, Texas and City of Houston, Texas. The motion of International Associa- tion of Assessing Officers for leave to file a brief as amicus curiae is granted.

No. 81-1493. The Gillette Company, Petitioner v. Steven Miner. The THURSDAY, SEPTEMBER 9, 1982 803 motion of Public Citizen for leave to file a brief as amicus curiae is granted. The motion of Consumer Coalition for leave to file a brief as amicus curiae is granted.

No. 81-1506. Federal Election Commission, et al., Petitioners v. Na- tional Right to Work Committee, et al. The motion of American Fed- eration of Labor and Congress of Industrial Organizatons for leave to file a brief as amicus curiae is granted.

No. 81-1578. Werner H. Kramarsky, etc., et al., Appellants v. Delta Air Lines, Inc., et al.; Werner H. Kramarsky, etc., Appellant v. Bur- roughs Corporation; and Werner H. Kramarsky, etc., et al., Appellants v. Metropolitan Life Insurance Company. The motion of American Fed- eration of Labor and Congress of Industrial Organizations, et al., for leave to file a brief as amici curiae is granted. The motion of appellants

Werner H. Kramarsky, et al. , for divided argument and for leave to file separate brief and joint appendix is denied. No. 81-1613. Memphis Bank & Trust Company, Appellant v. Riley C. Garner, Shelby County Trustee, et al. The motion of Capital Pres- ervation Fund, Inc., et al., for leave to file a brief as amici curiae is granted. The motion of The Farm Credit Banks for leave to file a brief as amici curiae is granted.

No. 81-1627. Larry Shepard, Petitioner v. National Labor Relations

Board, et al. The motion of the Solicitor General for divided argument and for additional time for oral argument is denied. No. 82-78. California, Petitioner v. Donald Lee Shirley. The application for stay of enforcement of the judgment of the Supreme Court of California addressed to the Chief Justice and referred to the Court is denied. No. 82-157. Mark A. Smith, Petitioner v. Al Olson, Registrar of Vot- ers, Orange County, California, et al. The application for an injunction addressed Justice Brennan and referred to the Court is denied.

No. 82-274. Pennsylvania, et al., Petitioners v. Delaware Valley Citi- zens' Council for Clean Air, et al. The application for stay addressed to Justice Rehnquist and referred to the Court is denied.

Rehearings Denied

No. 88, Original. State of California, Plaintiff v. State of Texas, et al.;

No. 89, Original. State of California, ex rel. State Lands Commis- sion, Plaintiff v. United States; 804 THURSDAY. SEPTEMBER 9. 19S2

No. 80-108. First Pennsylvania Bank N. A., Petitioner r. Jay A. Zeffiro and Harry M. Bernard, Jr.: No. 80-1538. James Plyler, Superintendent of the Tyler Independent

School District and its Board of Trustees, et aL, Appellants v. J. and R. Doe, etc., et aL; and

No. 80-1934. Texas, et aL, Appellants u. Certain Named and Un- named Undocumented Alien Children, et aL;

No. 80-1749. Federal Energy Regulatory Commission, et al., Appel-

lants v. Mississippi, et al.; .

No. 80-2138. Iris Carter, Petitioner v. Dayton Board of Education, et al.;

No. 80-6609. Robert Wilkerson, Petitioner v. Frank C. Blackburn, Warden;

No. 81-451. Ralph Hathorn. et al., Petitioners v. Mrs. Bobby Lovorn, et aL;

No. 81-912. James Click, Sr., Eugene Weiss and Orral Lake, Peti- tioners v. Idaho, ex rel. John V. Evans, Governor, et al; No. 81-1478. Ralph L. Harvey and Martin Oil Corporation, Petition-

ers v. Federal Energy Regulatory Commission and United States;

No. 81-1525. Eddie Thompson, Jr., Petitioner v. Mary Aim Woltenberg;

No. 81-1534. William Pacheco Nieves, Petitioner v. United States;

No. 81-1577. Board of Education of Rogers. Arkansas, et al., Peti-

tioners v. Pete McCluskey, by his next friend, Sally McCluskey;

No. 81-1589. Hugh S. Hunt. Appellant v. Jerry L. Collins;

No. 81-1665. Dale K. Dykema, etc., et al.. Petitioners v. United States and Henry Graner, etc.;

No. 81-1822. Joseph R. Fiala, Petitioner v. Village of Carpentersville;

No. 81-2009. Florence M. Yeo, Petitioner v. Michigan:

No. 81-2016. John Ruppel, Petitioner v. United States;

No. 81-2018. Earl C. Berger, Petitioner v. United States, et al.:

No. 81-2045. Olivia Niemi. a minor by and through her guardian ad

litem, Valeria Pope Niemi, Petitioner v. National Broadcasting Com- pany, Inc., et aL;

No. 81-5578. James Brewer, Petitioner v. Indiana:

No. 81-5731. William Gibbs Hyman, Petitioner v. South Carolina: THURSDAY, SEPTEMBER 9, 1982 805

No. 81-6528. Harry Maselli, Petitioner v. State Board of Equaliza- tion of California;

No. 81-6546. Hardy L. Paschal, Petitioner v. Florida Public Employ- ees Relations Commission, et aL;

No. 81-6559. Guy Templeton Black, Petitioner v. East Ohio Gas Co., et aL;

No. 81-6573. Loshie Pitts Harrington, Petitioner v. Tennessee;

No. 81-6630. Benjamin Charles Hoover, Petitioner v. Mississippi;

No. 81-6645. Janice Julia Ritter, Petitioner v. David DeWitt Ritter;

No. 81-6652. David N. Neustein, Petitioner v. United States;

No. 81-6654. Robert Michael Miller, Petitioner v. Daniel J. McCar- thy, Superintendent, California Men's Colony, et aL;

No. 81-6673. Richard Leo Anthony Occhino, Petitioner v. North- western Bell Telephone Company, et aL;

No. 81-6685. Wellington Williams, Petitioner v. Pepsi-Cola Bottling Company, et aL;

No. 81-6691. Abraham Sutain and Mildred Sutain, Petitioners v. Commissioner of Internal Revenue; No. 81-6715. In Re Chester W. Campbell, Petitioner; and No. 81-6771. In Re Chester Kulwiec, Petitioner. The petitions for rehearing are denied.

No. 80-1290. William P. Clements, Jr., Governor of the State of

Texas, et aL, Appellants v. John L. Fashing, et al. The petition for rehearing and/or clarification is denied.

No. 80-6045. Rubin Kremer, Petitioner v. Chemical Construction

Corporation. The motion for leave to file a petition for rehearing is denied.

Admissions to the Bar on Written Motions

July 19, 1982

Applicant City and State Movant

Robert Christopher Cape Coral, FL James L. Cottrell Adamski Miriam Aguiar Washington, DC Kathleen Imig Perkins James Henry Anderson Boston, MA Roy Norman Freed 806 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

Owen L. Anderson Jessie, ND Allen I. Olson Ronald Paul Arnold Cheyenne, WY Gerald A. Stack Anthony James Ayala Albuquerque, NM Daniel A. Sanchez Deborah Bachrach New York, NY Peter Bienstock Gary Lynn Barringer Lisbon, OH Judge J. Warren Bettis Willard Bergman Jr. Mendham, NJ Harold A. Price Robert Berke Los Angeles, CA Dean Richard Gits Elliot S. Berkowitz Beverly Hills, CA Ira M. Friedman Thomas C. Bigley Jr. Columbus, IN Lloyd H. Milliken Jr. Susan Low Bloch Washington, DC John H. Pickering Robert H. Blumenthal Boston, MA J. Harold Flannery Jr. Alberta M. Blumin Oakland, CA Guy Terry Saperstein Theodore Herschel Chicago, IL Christopher Bornstein Samuel Bond William Holland Brady Honolulu, HI Scott Rikio Nakagawa James Breslin Jr. St. Petersburg, Robert F. Nunez FL Louis Evan Bricklin Philadelphia, PA Albert L. Bricklin Thomas M. Brondstetter Fort Myers, FL Philip L. Burnett Sandra Jean Brower San Diego, CA Janet Binder Houts Robert M. Brown Pittsburgh, PA Thomas L. Snyder

Ronald Boyd Brown Cleveland, OH Edward I. Stillman Thomas W. Budd New York, NY Alfred T. DeMaria Matthew Burns Jersey City, NJ John M. Walsh Vincent Arthur Butler Silver Spring, MD William Edward Hewitt Jr. Jasper Caro Levittown, PA George F. Dale Thomas Milton Carpenter Little Rock, AR Charles L. Carpenter David Erwin Cauthen Tavares, FL Horace Danforth Robuck Jr. THURSDAY, SEPTEMBER 9, 1982 807

Applicant City and State Movant

Ralph Carroll Cavanagh San Francisco, CA Albert Henry Meyerhoff David R. Clark San Diego, CA Peter G. Aylward Eddie Millican Cole Toledo, OH John J. Callahan Clifford Ronald Cook Sandwich, IL Max Gilmer Peterson Jr. Michael R. Cooper Dallas, TX Paul J. Chitwood William Dale Crader Los Angeles, CA George Edward Cotter Frank S. Craig III Baton Rouge, LA Victor A. Sachse III Gerald G. Crutsinger Dallas, TX John F. Booth Myron Lykins Dale Washington, DC Lawrence White Bradfute W. Davenport Jr. Richmond, VA James Crawford Roberts Suellen Louise Davidson Cheyenne, WY Terry W. Mackey D. Frank Davis Birmingham, AL James Patrick Logan Sheila K. Delaney Arlington, VA Judge John E. Sprizzo Pierre Michael DeBourbon Pikeville, KY Jack Thompson Page Paul R. DeRensis Boston, MA Walker Brocton Comegys Gary Raymond Dillinger Carbondale, IL David William Watt Jr. Philip C. Drescher Santa Paula, CA Lindsay F. Nielson Walter W. Driver Jr. Atlanta, GA Joseph Rendleman Bankoff Anthony William Duva Gainesville, FL Sid J. White Somer Estrin Port Jefferson, Eric A. Sackstein NY John Kenneth Felter Boston, MA Joseph L. Cotter Eric H. Fisher New York, NY John C. Grosz Sandra Marlene Fitzpatrick Austin, TX Dorsey B. Hardeman Jack T. Flom Myrtle Beach, SC James Lamb Hills 808 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

Edward T. Floyd Atlanta, GA Thomas Milton Niblack Joseph Wm. Foran Dallas, TX Ban Prater Monning III Richard C. Ford Oklahoma City, Clyde A. OK Muchmore N. Thomas Foster Camden, NJ Judge Theodore Z. Davis Lawrence I. Fox New York, NY Peter R. Stern Roberta L. Jacobs Philadelphia, PA Michael P. Abbott Leonard T. Jernigan Jr. Raleigh, NC John Parker Huggard Carroll C. Johnson Memphis, TN Earl P. Davis Phyllis Hall Johnson Fayetteville, AR E. Lamar Pettus Albert Sidney Johnston Chicago, IL Terrance Joseph Coughlin Frank C. Furci Miami, FL Roy Eric Black Eddie Michael Gallegos Santa Fe, NM Frank A. Murray David M. Geier Lincoln, NB Douglas F. Duchek Carl Genberg Columbus, OH David Joseph Young Richard M. Georges St. Petersburg, John Richard FL Rahter Vance Gillette Bismarck, ND Jeanne S. Whiteing Leslie Burns Gray Sparks, NV Judge Edward C. Reed Jr. Dan B. Guernsey Miami, FL Peter C. Jones Marcia Phyllis Haber Los Angeles, CA Bernard Samuel Kamine Linda L. Hamlin Los Angeles, CA John P. McKay Phillip E. Harter Battle Creek, MI John Marshall Brundage Janice K. Hartrick Houston, TX David L. Zuber Joseph Daniel Harwood Houston, TX David L. Capps Richard D. Hayes San Antonio, TX George A. Kampmann THURSDAY, SEPTEMBER 9, 1982 809

Applicant City and State Movant

Donald Howard Henry Little Rock, AR Philip E. Dixon William Charles Henry Panama City, FL Philip C. Sessoms John Ward Hewitt Palm Beach C. Robert Burns Gardens, FL Michael John Heydt Colorado Springs, Leo Wesley CO Rector Dale Bush Hinson Fort Worth, TX Luther Hudson Lincoln Allison Rees Memphis, TN Harry W. Hodges Laughlin Jr. Ronald C. Hogue Naples, FL Gary Steven Mininsohn James A. Holper Tustin, CA James L. Kellner Larry W. Hopt Seattle, WA Michael Hugh Gale

Ralph I. Hubley III Chicago, IL Richard 0. Becker Mark P. Isaacs Queens, NY Stephen D. Hans George J. Kambur New Orleans, LA Steven R. Plotkin Sergio Kapfer Washington, DC Felix Von Baxter Kenneth J. Kavanaugh Miami, FL James E. Tribble Douglas C. Kearney Tallahassee, FL William VanDercreek Robert Arthur Kennedy Garden City, NY Albert L. Bases George P. Kickliter Tampa, FL George 0. Wilson III Sidney H. Kirstein Lynchburg, VA John Leyburn Mosby Jr. Keith Allan Kochheiser Marion, OH Robert Ellis Wilson Michael Kosh Scranton, PA Michael J. Ruane Michael Jeffrey Kotler Tampa, FL Robert J. Landry Gordon L. Ladner Bessemer, AL Edwin L. Brobston David W. Lamar Owensboro, KY William L. Wiesman Jake Lapin Washington, DC John F. Schweigert Terence W. Lapin Clinton, MD Harry E. Taylor Jr. 810 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

Ronald Jay Levine New York, NY John G. Koeltl Barry R. Levy Los Angeles, CA Alan G. Martin Arlinda Faye Locklear Raleigh, NC Lawrence A. Aschenbrenner James Anthony Mackin Cleveland, OH Sal J. Patronite James M. Mancini Cleveland, OH Charles Edward Guerrier Shigeru Matsumoto Los Angeles, CA James L. Kellner Philip Joseph McAleer Chicago, IL Herbert L. Will Thomas Douglas McBride Arabi, LA Walter John Leger Jr. John J. McCarty Philadelphia, PA David F. Binder James M. McGovern Jr. Oakhurst, NJ Richard B. Ansell Andrew Austin Merdek Washington, DC Lester M. Bridgeman Dennis Gene Merenbach Santa Barbara, Robert James CA Westwick Stanley Marvin Michner Visalia, CA Richard D. Sigmund Paul F. Mickey Jr. Washington, DC Anthony L. Mondello Nathan Huff Miller Harrisonburg, VA John W. Warner Erwin L. Milne Jefferson City, Eugene E. MO Andereck Paul A. Montalbano River Vale, NJ Zachary Schneider

Joseph I. Moreland Jr. Minneapolis, MN Bruce Clark Douglas Charles T. Morrison Jr. Los Angeles, CA James L. Kellner Philip Jonathan Moss Boston, MA Harold N. Mack Edward R. Muller Washington, DC Marx Leva Margaret Ann F. Mullins Upper Montclair, Joseph A. Falcone NJ Daniel C. Murphy Helena, MT Ward A. Shanahan Eduardo M. Negron-Navas San Juan, PR Salvador E. Casellas Francis X. Neuner Jr. Lafayette, LA John G. Torian II Stephen D. Oestreich New York, NY Robert Andrew Skirnick THURSDAY, SEPTEMBER 9, 1982 811

Applicant City and State Movant

Norman Mark Olney San Diego, CA John Michael Bollman Ellen S. Oran New York, NY John Roscoe Hupper Michael Duane Ott Fresno, CA James Burleigh Waterman Miguel Pagan San Juan, PR Americo Serra Linda Rose Peck Los Angeles, CA Michael R. Grzanka Shirley D. Peterson Washington, DC Matthew Joel Zinn Robert P. Petyak Gallitzin, PA Judge Joseph F. O'Kicki Michael Piziali New York, NY Allen L. Donielson Arthur G. Raynes Philadelphia, PA Howard Gittis Renee A. Rosch Ballston Spa, NY Joseph E. Rosch Robert Leslie Rosenbaum Lexington, KY Weldon Shouse Charles Rosenbleet Washington, DC Bruce Burton McHale Claude Pernell Rosser Jr. Montgomery, AL Alvin Tennyson Prestwood Alan D. Rubinstein Brooklyn, NY Barbara Dale Underwood Elizabeth Suzanne Salveson San Francisco, CA Martin R. Glick George Lawrence Sandefer Clearwater, FL Thomas E. Penick Jr. Scott D. Sheftall Miami, FL Robert L. Floyd David Gant Shuford Richmond, VA John F. Kay Jr. E. Dennis Siler Scottsdale, AZ Jon N. Vogel Russell B. Smith III Scottsdale, AZ Ralph David Robinson Henry J. Sockbeson Eureka, CA Bruce J. Friedman Joe P. Sparks Scottsdale, AZ John J. Rhodes James Patrick Spellman Long Beach, CA Richard J. Beacom William Allen Spurgeon Colorado Springs, William R. Aman CO A . . . .J

812 THURSDAY. SEPTEMBER 9. 1982

Applicant City and State Movant

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W/~» r> Vt n vn VV UUUUU1 11 Vmv vnrV "MY riiexdnaei j . vv uiwick x> e\\ i oi k, x> i l_id\\lcllCc 1\.C\111 Sheridan Kenneth Yee Boston, MA Norman Stanley ZalMnd THURSDAY, SEPTEMBER 9, 1982 813

Applicant City and State Movant

Cyrus Yonan Jr. Chicago, IL Robert Butler McGee

Eugene V. Zech Newport Beach, Martin I. CA Schneyer

July 29, 1982

Applicant City and State Movant

Peter Anderson San Francisco, CA Frank D. MacDowell Susan Frelich Appleton St. Louis, MO Jules B. Gerard Stephen Hoyt Ashworth San Bernardino, Richard F. CA Maxwell Gary D. Babbitt Boise, ID Jess Bradford Hawley John Nicholas Badgerow Fairway, KS Willard L. PhiUips Frederick Edwin Baxter Jr. Pittsburgh, PA Harold Gondelman Paul William Beltz Buffalo, NY John W. Condon Jr. Holmes Thomas Bennett San Antonio, TX James Burleson Smith John Steven Berk Fort Lauderdale, James Michael FL Stark James Peter Bessolo Glendale, CA Robert Keith Holmes Arthur Harding Bosworth Denver, CO Fred M. Winner II Valerie Elizabeth Hollis, NY Albert Roland Brathwaite Murray Jr. Paul S. Brenner New York, NY John J. Maguire Timothy Norman Brittle Portland, OR Milton Ray Smith Edward Gould Burton Anchorage, AK D. A. Burr James Cannon Jr. Detroit, MI Gregory Keith Jackson Edmund C. Case Boston, MA David W. Carpenter Evan R. Chesler New York, NY Thomas D. Barr Rex W. Chronister Fort Smith, AR Willard Crane Smith Jr. 814 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

John Cody Sierra Vista, AZ James Knorris Kenley Jon R. Coleman Jonesboro, AR Douglas Bradley Christopher Harold Collins Washington, DC Whayne S. Quin John M. Collins Kansas City, MO Warren N. Williams Robert Clarence Cone Greensboro, NC Charles E. Roth Robert Charles Connor Jr. Port Gibson, MS George Colvin Cochran John Robert Cope Washington, DC Lloyd M. Bentsen Jr. John W. Cowden Kansas City, MO Martin James Purcell John Harvey Craft New Orleans, LA Harry Fowler Connick James Lowrie Crawford Harrisburg, PA Ralph F. Scalera Alexis Irene Crow Portland, TX William James Mays Charles R. Dalton Jr. Norfolk, VA Robert M. Hughes III James Eliot Daniels New York, NY Kenneth Nelson Hart Harry Lee Davis Jr. Winston Salem, George Edward NC Doughton Jr. A. Edward Doudera Jr. Boston, MA Neil L. Chayet David Efron San Juan, PR Harvey B. Nachman Kenneth Alan Eiges New York, NY Maurice Chayt William Alan Eklund Los Alamos, NM Leonard Clarence Brenner John Rolfe Eldridge III Fayetteville, AR Thomas B. Burke Michael J. Esler Portland, OR Gerald H. Robinson David John Evans Washington, DC Robert Gerald Hardy Robert W. Evenson Pineville, MO Samuel H. Wilkins James R. Faulstich Mercer Island, Mary Lewis WA Powell Sumner THURSDAY, SEPTEMBER 9, 1982 815

Applicant City and State Movant

Sanford B. Ferguson Pittsburgh, PA Judd N. Poffinberger Jr. James Gordon Flegge Santa Maria, CA Robert Thomas Allen Leonard A. Foster Los Angeles, CA Patrick G. Bowen Robert W. Frantz Washington, DC Edward Aeneas McCabe Shirley H. Frondorf Phoenix, AZ Ronald Alan Lebowitz Walter Atherton Fullerton St. Petersburg, Ronald Jon Eide III FL Gary W. Gardenhire Norman, OK Jan Eric Cartwright Carl Frederick Geilfuss II Milwaukee, WI William Gordon Kanter Michael S. Giannotto Washington, DC James R. Bieke Stuart Walter Gold New York, NY Robert S. Rifkind Eugene C. Gratz Los Angeles, CA Miriam M. Robinson Thomas Joel Hall Lexington, KY John R. Cook Jr. John Claiborne Hawkins Jr. Texarkana, TX John D. Raffaelli Peter A. Herbert New York, NY Kenneth P. Norwick Renea Hicks Austin, TX David Read Richards Pamela W. Higgins Philadelphia, PA Robert E. Madden Wilson Eugene Hodge Homestead, FL James Holmes Haddock Edward T. Hogan East Providence, Donald J. Packer RI Thomas S. Hogan East Providence, Donald J. Packer PR James Charles Holzmann San Diego, CA Morris Sankary Christopher D. C. Hossack Phoenix, AZ Ronald Alan Lebowitz Miller Sloan Ingram Jr. Cheraw, SC Ernest F. Hollings Carlos Jenkins New York, NY Theodore T. Jones Jr. 816 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

William S. Jordan III Washington, DC Peter Sutherland Race James F. Keedy Leesburg, FL Robert Eugene Austin Jr. Alan G. Kelley Trenton, NJ William S. Greenberg Wendell Bruce Langman Albany, OR Rodney W. Miller Frederick W. Lawrence Tallmadge, OH Charles Lionel Parker Hugh Thompson Lee Derry, NH Robert Earl Orem Cary B. Lewis Jr. Chicago, IL Mitchell Ware Clinton Lynn Liechty Tucson, AZ S. Jeffrey Minker William D, Lindsey Barnesville, GA John James Flynt Jr. William Liston Winona, MS Grady F. Tollison Jr. Thomas Loikith Passaic, NJ John N. Bain Keith Clark Long Boston, MA James Roosevelt Jr. Daniel C. Lorenz Portland, OR Desmond Doyle Connall John E. Lyncheski Pittsburgh, PA Paul A. Manion Kenneth Lyon MacRitchie New York, NY Robert Christopher Doherty James A. Magenheimer New York, NY Barnett Silverstein Clark R. Mandigo Wichita, KS Donald W. Bostwick Peter Clark Manson Jr. Virginia Beach, William Brice VA Smith Robert P. McGeary Fanwood, NJ Jack Silverstein James Patrick McGranery Washington, DC James Blackwood Jr. Pearson John McMahon Winthrop, MA Stephen I. Lipman Laurence W. McNabney Reno, NV Jerome Michael Polaha John Eldon Medaris Birmingham, AL William Eason Mitchell J . .

THURSDAY, SEPTEMBER 9, 1982 817

Anrilipji'nt Movant J. i. U Lillian L Citv and Statp

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818 THURSDAY, SEPTEMBER 9, 1982

Applicant Lity and btate Movant

T n I/a Vi o v»l a c? T A j acK o . rioger ijaKe L/naries, Ljj\ Kicnara rnimp Ieyoub

Tn/vmoc! T< r\ rrnvc i iiuiiictb T±. rvUgcio rlUSlxxl, 1 -/V jjaviu oidir

ivicL/aii uregory uaie noper odn uiego, l^a. unanes AiDert r>ira Willie T Paqq xjexmgton, Mo L

lVlCv-'ieilall T->V»i1o^l/~k1r-»V»io "DA waiter raui KUDei x miaaeipnia, .r A J. Dennis Faucher

OllallllUIl J-jlllfe Oaljcl ^/Ul pUS ^IIIISLI, j . jjougias l mKer 1 r eter ivi. oaparoii Arungton, iviA rjawara 1 ivOuinsoni-r f\ r\1 V\ O AVI unnstian j osepn ocnaeier Cincinnati, un Leonard Ejrschner otepnen j . ocnerr oan r rancisco, v_;nanes ivi. uresow vviiudiii iviicndei ocninuier oan uiego, L^nanes Aioert Diru uougias rv. ocnmiat oan r rancisco, l^a unanes ivi. LJL coUW William ^ «james r . ocnwerm x nnceton, inj winiam o. Greenberg

T Qnr»f+ Polrv Alfr» 111 /-J t~f/~\ I All A'h IVt W Williamwiiiiam ij. ocott i aio Aito, l^aPA duage juaugnun il. w aters

T/-vVivi U, in, n TTT Michael hi. oimmons lnclianapohs, IIN donn Tl. liume 111 lA/ iNorman u. oioan IjOS Angeies, IjA uaviQI lAITI A o. wesiey1 AIT rjuwara i\. omitn IjUDDOCK, ia rvooert Arame uantonI O V»IT AVi dr.Tv* rioDertr~v av*t" ijewisi Anno omitnWyv^ir n \TQcV»17lllckiNasnvine, T\Tiin irvm riugn Kilcrease Jr. Kick G. borenson r on wortn, ia Marcus Ginsburg Kenneth W. Sparks Houston, IA Candelano iLnzonao 111

P.Ijivptipp T^vppman Avlincrtrvn VA TVimna^ .T lVTnwi^ Stanback Jr. Gary F. Stiglmeier Albany, NY W. Dennis Duggan THURSDAY, SEPTEMBER 9, 1982 819

Applicant City and State Movant

Edward H. Stone Newport Beach, Marvin Neben CA Jeffrey R. Surlas Miami, FL Charles C. Kline James Patrick Taves Fairfax, VA George Albert Symanski Jr. Albert N. Thiel Jr. Albuquerque, NM George R. Bryan III Richard Ari VanTienhoven Providence, RI Edward Graham Bailey Noel E. Vargas II New Orleans, LA Charles W. Kehl Bartley Kenneth Vickers Jacksonville, FL Louis O'Melville Frost Jr. David A. Wallace Denville, NJ Lester Aron Mitchell J. Wallman Peabody, MA David J. Sargent Frederick R. Walsh Albany, NY Peter Harvey Schiff Claude Marion Warren Jr. Indianapolis, IN Benjamin J. Weaver Michael Alan Waterman Los Angeles, CA Dale Ellis Motley Forrest Albert Watson Jr. Zebulon, GA John James Flynt Jr. Samuel Johnson Webster Norfolk, VA Jack E. Greer Jack R. White Los Angeles, CA Steven W. Bacon William E. White Fall River, MA Joseph Edward Hanify Jr. Richard William Baltimore, MD Melvin John Winelander Kodenski

Frederick J. Wortmann East Orange, NJ Michael I. Litvak Leslie Yu Washington, DC David Albert Mustone Nicholas E. Zito Houston, TX Thomas N. Thurlow Joseph Dennis Zulli Philadelphia, PA Franklin Read Roark Jr.

August 13, 1982

Applicant City and State Movant

Richard Alexander Aguirre Belleville, IL John B. Gunn 820 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

Roy W. Allman Fort Lauderdale, G. H. Martin FL John Peter Bashar Bridgeport, CT Bruce L. Levin Judith A. Bass Coral Gables, FL George V. Lanza Jeffrey M. Bassett Opelousas, LA Michael Wendell McKay Larry W. Bennett Birmingham, MI Paul Allen Rosen James L. Bickett Akron, OH Warren W. Gibson John William Biesinger III St. Petersburg, Stephen Claude FL Chumbris Charles H. Billings St. Louis, MO Raymond A. Bruntrager Sr. James George Birnbaum LaCrosse, WI Terry C. Gillette Allen M. Blake Tampa, FL Bernard Charles Silver William Henry Boice Atlanta, GA Matthew Henry Patton John H. Broadley Washington, DC Robert Wilfred Blanchette Darryl W. Bubrig Sr. Buras, LA Brian J. Waid Bruce Alston Burke Tucson, AZ Edward C. Vincent Dennis Michael Campbell Miami, FL Aubrey V. KendaU Everett LeRoy Carroll Los Alamitos, CA David Feldman Gary L. Chambers Tustin, CA Mark Edwin Edwards Edward A. Chapleau South Bend, IN Edward V. Minczeski Henry S. Chapman Everett, WA Marvin Peter Nerseth Patrick John Chesley Norman, OK Harry Frederick Tepker Jr. Miriam L. Chesslin Washington, DC E. Kathleen Shahan John G. Colannino Rumson, NJ Leonard Sherman Needle Michael Grady Collins New Orleans, LA George M. Strickler Jr. THURSDAY, SEPTEMBER 9, 1982 821

Applicant City and State Movant

Harold M. Coombs Jr. Columbia, SC Frank K. Sloan Carolyn Frances Corwin Washington, DC Charles Alvin Miller Malcolm Griffith Crawford Lexington, VA Andrew J. Dilk Arie E. David North Haven, CT Aaron Morris Schreiber Steven C. DeCoster Saint Paul, MN Warren Spannaus James S. Dittmar Boston, MA Samuel Hoar Leo Philip Dreyer Prairie Village, Gene E. Voigts KS Jeffery C. Duffey Montgomery, AL John Garber Bookout Philip H. Dunn Santa Monica, CA Armond Monroe Jewell James John Duryea Jr. San Francisco, CA G. Joseph Bertain Jr. Aurelio Emanuelli-Belaval San Juan, PR Jay A. Garcia- Gregory J. Michael Engle Nashville, TN Lionel Robert Barrett Jr. John Michael Fletcher Memphis, TN Thomas Miles Daniel Richard Edwin Fox Fort Wayne, IN George E. Fruechtenicht Sarah Southard Geer Alexandria, VA Marc P. Charmatz Thomas D. Geil Battle Creek, MI Mark W. Garrison Frederick G. Girard Sacramento, CA Clifford W. Schulz Harry Glick Roslyn, NY Mario Merola Steven Joshua Glueck Plainview, NY Richard Ethan Grayson Janet K. Goldsmith Sacramento, CA Clifford W. Schulz Raymond C. Green New York, NY William F. Larkin Richard Carpenter Green Washington, DC C. Frank Reifsnyder Richard Edward Gutman New York, NY Richard S. Lombard James S. Halpern New York, NY Kenneth W. Gideon 822 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

Richard D. Heideman Louisville, KY Nicholas N. Kittrie Wayne S. Henderson Boston, MA Joseph D. Alviani James D. Henry Jr. St. Petersburg, Kenneth Caldwell FL Deacon Jr. Waldo George Hesseltine Lafayette, CA Warren L. Johns Andrew Roy Heyl Overland Park, Barry Kent Duwe KS Isaac Hirschbein San Diego, CA Sol Price Jo-Ann Horn West Long Michael L. Paup Branch, NJ Hugh William Hull Phoenix, AZ Jerry Levine James Neal Hutchinson Jr. Miami, FL Alfred R. Camner Richard S. Hyslop La Habra Dennis V. Menke Heights, CA John Clyde Isaacs Washington, DC Ismene M. Kalaris Ernest James Istook Jr. Oklahoma City, Larry George OK Cassil Howard George Johnson Los Angeles, CA Peter Anthony Schey Kenneth Lavon Johnson Baltimore, MD John W. Johnson Daniel Tucker Kamin Victoria, TX Thomas Parker Beery Joanne Kelly Monterey, CA Terrance R. Duncan Bruce Richard Kelsey West Chicago, IL Harold J. Spelman Leland B. Kerr Kennewick, WA David Erwin Williams Ellen Clare Kozminsky New York, NY Richard David Ostor Linda L. Lanam Bloomington, IN Michael L. Browne Paul Alan Lehrman Tallahassee, FL Harry B. Kotler John Frank Leino Alexandria, VA Plato Cacheris Brian J. Leitten Alexandria, VA Peter H. Smolka Alvin Richard Leonard Edmond, OK Wilbur G. Leonard Marilyn Markovich Levine Valley Stream, Ronald Jay Levine NY THURSDAY, SEPTEMBER 9, 1982 823

Applicant City and State Movant

Preston B. Lewis III Waynesboro, GA Preston B. Lewis Jr. M. Joseph Lieb Jr. Sarasota, FL John Michael Hartenstine Leo Howard Lubow Baltimore, MD David Freishtat Charles J. Maddox Jr. Houston, TX Gary Lee Marks Kathleen Mahon Washington, DC Edward D. Greenberg James Vincent Mancuso Jr. Decatur, IL Vernon Hatch Houchen Terence Matthews Sarasota, FL Richard H. Bailey Neil Gray McBride Oak Ridge, TN Lenny L. Croce Tex McConathy Dallas, TX Charles W. Tessmer

Michael I. Miller Chicago, IL A. Daniel Feldman Joseph R. Moderow Washington, DC T. Timothy Ryan Jr. J. Michael Morrow Opelousas, LA Michael Wendell McKay Patrick C. Morrow Opelousas, LA Michael Wendell McKay Kenneth H. Nails Chicago, IL Patrick Joseph McNally Carl Robert Nolte Jr. Hagerstown, MD Robert Edward Kuczynski Michael Patrick O'Connell Taholah, WA Michael Edward Taylor Erik Michael O'Dowd Tucson, AZ Lars Pedersen Barry R. Ostrager New York, NY Arnold Bauman David Bruce Pastor Walnut Creek, CA Stan Casper Roger Gallic Perkins San Diego, CA John Skylstead Rhoades Victor Alan Perry Reno, NV William Sherrick Barker Jeffrey L. Pettit Philadelphia, PA E. Brooks Keffer Jr. Francis Edmund Pierce III Orlando, FL Francis E. Pierce Jr. 1

824 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant _ Deborah Tobias Pontz Princeton, NJ Micnaei K. cole iLawara iLan r otter wasnington, u\j ivennetn \j. lvicvjuiness Mark L. Prager Chicago, IL Lloyd Sherman Kupferberg David Nathan Ramras rnoenix, kl rnnip l. Goldstein C\mnnX*n XTT2 John P. Raynor umana, JNr> James Arthur Kent Uaiio + avi TV Hi vita J . Kducn Houston, i a Leonard Thomas jjraQt Howard B. Reich oanta Ana, ua Alan Merlin Reedy Leonard Rieser JNorwicn, V Arthur Erwin Peabody Jr.

It/Til^" T—I A1TTO v»/~l jjurton rv. xvissnidn lviiiton riowaru Cohen James J. Rodgers Philadelphia, PA Benjamin Morrison Quigg Jr. James Edward Rose Houston,Urmofnn TYia Candelario „] _ TTT Jcjlizonao 111 Jay B. Rosman r ort Myers, r L btepnen oiaaie Russell Richard Lee bax iLncinitas, la Michael N. Pancer Nicholas P. Scarpelli Jr. Seattle, WA Robert Jackson otepnenson lea Allen bcnmidt Phoenix, AZ William Thomas Birmingham Amos Hugh bcott .boston, 1V1A Thayer Fremont- omitn Vernon Eugene Scoville III Kansas City, Ml) Cene Robert Martin beymour beidscher ban r rancisco, CA Jess Stonestreet Jackson Jr. E. Thomas Septembre Miami, r L Joseph A. Gassen AATo c nin rrfrvri Til^ -rvllllc JJUALUIl OUUU1 VV aoIllilgtUIl, Lf\j XvUUcIPnhckrtI L.F, XVUkJpTCnnn J. Todd Southern El Paso, TX D. Clark Hughes Anthony John Spicer Los Angeles, CA Patrick Kin-Yeep Huang THURSDAY, SEPTEMBER 9, 1982 825

Applicant City and State Movant

Benjamin Franklin Suffron Akron, OH William Davis III Mann John Charles Sumberg Miami, FL Alvin B. Davis Benjamin Swartzman Los Angeles, CA Allen J. Kwawer Michael D. Swor Saint Paul, MN Paul Joseph Gatto Daniel D. Syrdal Seattle, WA Charles Eugene Peery Richard Hugh Tanenbaum Bethesda, MD Erwin N. Griswold Thomas Edward Taylor New York, NY James Wesley Harbison Jr. Kevin Thomas Tehan Scottsdale, AZ Joe P. Sparks William Bernard Creswell Las Vegas, NV Oscar Baylin Terry Goodman Louis S. Test Reno, NV John W. Hoffman Robert C. Trenchard Jr. Kermit, TX Calvin W. Wesch Mart Daniel Vogel Fargo, ND Mart R. Vogel Glynn Francis Voisin Houma, LA Edward James Gaidry Kevin T. Wakayama Honolulu, HI Tany S. Hong Ronald R. Walker RosweU, NM Michael F. McCormick Joseph M. Walsh Silver Spring, MD Lloyd Frederick Ryan Jr. Jonathan M. Weisgall Bethesda, MD Richard A. Frank James David Wharton Kansas City, MO Carter H. Kokjer Lawrence Parker Wiest Albany, NY Sol Greenberg David Paul Williamson Dayton, OH Kurt Reynolds Portmann Amy Young-Anawaty Washington, DC David Carliner Eino Zapata Houston, TX Steven Albert Taube

September 1, 1982

Applicant City and State Movant

Michael Louis Allen Louisville, KY Ted Warren Spiegel 826 THURSDAY, SEPTEMBER 9, 1982

Applicant City and State Movant

Mitchell L. Alperin Beachwood, OH William Earl Aurelius Ben M. Arai Trenton, NJ Michael Louis Perlin Mark A. Aronchick Philadelphia, PA Alan J. Davis Janet Bond Arterton New Haven, CT Jacob D. Zeldes Grover Ernst Asmus II Mobile, AL William Boyd Reeves John B. Axton Ada, OK Bob Eugene Bennett Michael Garey Balmages Tustin, CA Edward Jens Wallin Carol L. Barbero Oklahoma, PA Charles Allen Hobbs Richard J. Barrett Cheyenne, WY John B. Speight Victoria Lennox Bartels New Orleans, LA William F. Wessel David Joseph Beck Houston, TX Warren Belmar Loftus E. Becker Jr. Washington, DC A. Raymond Randolph Jr. Robert L. Bell Washington, DC James W. Cobb James Anthony Beoletto Yorba Linda, CA David Rodney Pigott Donald Thomas Bertucci Chicago, IL Edward T. Stein Terrence L. Bingman San Diego, CA Mitchell Lee Lathrop Allen S. Blair Memphis, TN Jay Alan Hanover Lee S. Bowers Estill, SC Robert Buford Wallace Robert James Bruno Phoenix, AZ David S. Shughart II Richard Beach Burnham Phoenix, AZ William Thomas Birmingham Glenn Stanton Buzard Los Angeles, CA J. Michael Crowe Eugenio A. Cabanillas- Mayaguez, PR E. Alcaraz- Galiano Casablanca Donald Charles Canestraro Maple Heights, George Joseph OH Sadd Robert Fitzgerald Casey McHenry, IL Steven Bruce Kantrowitz THURSDAY, SEPTEMBER 9, 1982 827

Applicant City and State Movant

Charles Blaine Casper Salt Lake City, Peter Watson UT Billings Henry Chajet Washington, DC Arnold Levy Benjamin N. Cittadino Lawrence E. John Wherry Township, NJ Jr. Richard Randall Clifton Honolulu, HI Julius Russell Cades Evelyn F. Cohn New York, NY Steven J. Romer R. P. Cornelius Houston, TX Samuel Dorsey Adamo Robert William Cotter Kansas City, MO Alex Michael Lewandowski William E. Cox Washington, DC John C. Duncan III Deborah Crandall Kensington, MD Andrew M. Kramer Anthony Edmund Creato Philadelphia, PA Harold Cramer Herbert Creech Jr. Dayton, OH Salvatore J. Spalla Allan M. Dabrow Philadelphia, PA Julius M. Steiner Milton Carver Davis Tuskegee, AL Billy Lennard Carter Ana Elba DeJesus Garcia San Juan, PR David Correa Hernandez David Singleton Doty Minneapolis, MN David F. Durenberger Michael Frazer Duffy Washington, DC Arnold Levy Donald Ray E Hedge Clinton, TN J. Carson Ridenour Robert W. Emerton III Tampa, FL James W. Kynes Charles B. Fitzgerald Warrensburg, MO Isaac N. Skelton IV Maria Angela Flores Houston, TX Polly A. Kinnibrugh Ernesto Flores Jr. Mercedes, TX Melchor Chavez- Camacho John Randolph Foster III New York, NY Louis Paul Sheinbaum Herbert J. Friedman Lincoln, NB Robert A. Barlow 828 THURSDAY. SEPTEMBER 9, 1982

Applicant City and State Movant

Gregory S. Gann Chicago, IL William L. Watson Robert Dean Gardenhire Santa Fe, NM Bruce Robert Kohl John Michael Gassaway Oklahoma City, Carl Douglas OK Hughes Barry Keith Gilbert Houston, TX Julius V. Szentendrey Daniel M. Glosband Boston, MA Robert B. Carpenter Lisa Gillard Gmuca Santa Fe, MN Denise D. Fort Charles J. Gramlich Springfield, IL James Robert Thompson Jr. John Halloran Grant Helena, MT L. V. Harris Wilbur Greenberg Philadelphia, PA Dennis J. Cogan Dean William Gudgel San Diego, CA H. Cushman Dow Randall L. Guidry Lafayette, LA Jack Paul Showers H. Baxter Harcourt Columbus, GA James Harvey Fort Lowell Gordon Harriss New York, NY Robert B. Fiske Jr. Kirke M. Hasson San Francisco, CA Noble Kilby Gregory Mary L. Heen New York, NY Isabelle Katz Pinzler Bruce F. Hoffman Chicago, IL Charles Edmund Sproger Jack Day Huffman Big Chimney, WV Carl F. Stucky Jr. Nan R. Huhn Washington, DC Paul Edward Alper Daniel C. Jacobson Seattle, WA Stuart Gregory Oles F. Patrick Jeffers Albany, NY Sol Greenberg Janet Boeth Jones San Francisco, CA Donald Edward Wyckoff Jerry L. Jones Monroe, LA Robert W. Kostelka Craig B. Jorgensen Los Angeles, CA John W. Armagost Steven S. Katz Liberty, NY Alan Stephen Deutsch THURSDAY, SEPTEMBER 9, 1982 829

Applicant City and State Movant

John Vaughan Kean Little Compton, Edward Winsor RI Douglas A. Kellner New York, NY Harvey Kurzweil James Andrew Kidney Washington, DC Earl W. Kintner Jack H. Kindsvatter Washington, DC Paul Charles Karney Jr. Charles R. Kocher Irvine, CA David Rodney Pigott Robert Frederick Taylor Pueblo, CO Gerald F. Krassa Krassa Richard L. Kreger Chesapeake, VA Allen J. Gordon Kathleen Janice Kroll West Palm Beach, Paula S. Gold FL William Shael Lapp Minneapolis, MN Benjamin J. Smith Stephen W. Lee Indianapolis, IN James A. Strain John B. Lennes Jr. St. Paul, MN Laurence F. Koll Alice Neff Lucan Rochester, NY Thomas Leslie Chappie William Corley Lucius Greenville, SC J. Strom Thurmond George Gerard Mahfood Pittsburgh, PA Robert J. Shostak John Wesley Martin Cleveland, OH Charles E. Mosley Jr. Lada Sobieski Marx Los Angeles, CA Juanita C. Hoffman Thomas D. Masterson St. Petersburg, Stephen Leslie FL Rosen David L. Mayer Providence, RI Edward F. Hindle Glen B. Maynard Golden, CO David MacFarlane Doering Charles Robert McBrier Jr. Washington, DC Frank J. Martell Joseph P. McDonough Quincy, MA Herbert Lemelman Patrick McLarney Kansas City, MO William W. Shinn Lloyd Craig Metcalf Salt Lake City, John Crawford Jr. UT Richard Allan Money Marion, VA Lome R. Campbell S30 THURSDAY, SEPTEMBER 9. 1982

Applicant City and State Movant

Donald V. Morano Chicago. IL Michael P. Seng Peter Webb Morgan Washington. DC Joel Barry Kleinman David Robert Morris Kansas City, MO William W. Shimi Roy H. Mossi Miami, FL James A. Dixon Robert Francis Munoz Freehold, NJ Andrew M. Kimmel Robert E. Murphy Mill Valley, CA Clayton Paul Roche Steven Barrv Muslin Chicago, IL Steven Van Dorf Eli T. Naffah Cleveland. OH George Joseph Sadd Dianne M. Nast Philadelphia. PA Harold E. Kohn Stephen Randolph Odom Seattle, WA Fred H. Dore Pedro J. Polanco San Juan, PR Richard J. Gonzalez Humphrey P. Polanen San Francisco, CA William H. Brown III Jay M. Pollak Chicago, IL Charles Edmund Sproger Denton Edward Ragland Houston. TX Henry P. Giessel Jr. Gregg Hilmar Reinecke Las Vegas, NV Michael Hugh Gale Ronald H. Ridenour Clinton, TN Ann Mostoller Larry Lee Saunders Louisville, KY Ted Warren Spiegel Michael John Scherach Lorain, OH Gregory Allen White M. Gerald Schwartzbach San Francisco, CA Michael G. Millmai: Roger Jon Schwarz New York, NY Barry Ivan Siornick Robert T. Scott Palm Beach, FL James G. Pressly Jr. Andrew See Kansas City, MO John C. Dods III William Jay Segal North Miami Judge Arthur I. Beach, FL Snyder THURSDAY, SEPTEMBER 9, 1982 831

Applicant City and State Movant

r^nmp 1 . onanKs ill lviempnis, ijn John Joseph Mulrooney Kurt Andrew Simpson Jacksonville, FL T. Edward Austin Jr. Michael D. Skinner Lafayette, LA Jack Paul Showers Bruce A. Smirti Williston Park, Philip M. Grella

IN\TV1

\A/ lM'f AV WmTAV\ L T jjavia oymingion omiLn winter riaven, r l» Glenn Richard Anderson Joel Randolph Smith Jamestown, KY Elmer Joseph George

XjuVValU i\. OLapicLUIl 111 JJl UW lib V lilt: , 1 j\~ Dan S. Boyd Stanley Frank Stater III Canton, MS George Q. Evans Anna Elizabeth Stool Houston, TX Daniel Kuldell Hedges oainerme r>iacKweii r redericksburg, Charles Dodson Tackney VA Bennett Jr. William Dale Talbert Raleigh, NC Rufus L. Edmisten Stephen R. Tatum Olathe, KS John L. McClain Elwood L. Thomas Kansas City, MO Gene E. Voigts james o. inomson oacramenio,AV»f A uiiI A John Howard Clinebell Joseph Tso Ellenville, NY James J. Murray Luis F. Urroz San Francisco, CA David P. Weaver Jr. rii iiiui u scnei llaClveilfeclCn., 1NJ Kent A. Losche

Qon T^i'n rrr> A nicnara i . veriasKy odll lylcgU, \j±\. Robert Lee Bergen Frank G. Verterano New Castle, PA Stephen Ross Green

1 1 CUcl ILlV VV llfc-j VUllIctLIl Tamna FL John N. Jenkins B. J. Wade Memphis, TN Hal Gerber Irvin Sheldon Weisfeld Brownsville, TX John Patrick Smith Theodore Francis Weiss Jr. Houston, TX John L. Jeffers Jr. Page Wellcome Bozeman, MT William W. Lessley 832 THURSDAY, SEPTEMBER 9. 1982

Applicant City and State Movant

Robert L. Wilson Jamestown, KY Elmer Joseph George Alan C. Wolf New Orleans, LA Vernon W. Woods Geoffrey Marc Woods San Juan, PR Francisco R. Hernandez Ruiz Harry E. Woods Miami Beach, FL Francisco R. Hernandez Ruiz

David R. Wooley . Albany, NY William Joel Kogan

Douglas Rea Young San Francisco, CA Jerome I. Braun Stephen Mark Zeitlin New York, NY Robert Stephen Saxon